General Terms and Conditions

1. Scope of the General Terms and Conditions

These General Terms and Conditions (GTC) apply for all contracts relating to the provision of catering services (production and delivery of foods and beverages, provision of staff) and the provision for use of conference, banquet and event rooms/halls and event equipment by Oberbayerische Fleisch & Wurst GmbH.

These General Terms and Conditions shall have exclusive validity. Any deviating, conflicting or supplementary general terms and conditions of the contracting party shall only form part of the contract if and to the extent that Oberbayerische Fleisch & Wurst GmbH has given its express agreement to their validity.

Individual agreements established in individual cases shall generally take precedence over these GTC. A written agreement or written confirmation by Oberbayerische Fleisch & Wurst GmbH shall be decisive for the contents of such agreements.

Declarations and notices that the other party to the contract must make towards Oberbayerische Fleisch & Wurst GmbH after the contract has been signed (e.g. for the purpose of setting deadlines, giving notice of defects or declaring cancellation or reduction) shall only be valid if effected in writing.

Any references to the applicability of the statutory provisions shall only be for the purpose of clarification. The statutory provisions shall therefore also apply without such clarification as long as they are not directly changed or excluded by these General Terms and Conditions.

2. Scope of products and services

The products and services of Oberbayerische Fleisch & Wurst GmbH shall comprise all of the materials and services required to carry out the event that has been ordered. All products and services connected with an adequate supply of power and water shall be exempted from the foregoing. The other party to the contract shall provide power and water connections (supply and discharge lines, incl. wastewater) to the power distributer or water hydrant. Oberbayerische Fleisch & Wurst GmbH will only be responsible for subdistribution from the power and water connections to the terminal equipment. The consumption costs, i.e. the costs of the actual power and water consumption for the event, shall be borne by the other party to the contract. Oberbayerische Fleisch & Wurst GmbH will be permitted to have the order carried out by subcontractors.

The details of the products and services will be determined by the contract.

Insofar as individual items of the range of products and services are temporarily unavailable, also due to seasonal changes, Oberbayerische Fleisch & Wurst GmbH reserves the right to replace these with goods of at least an equivalent value and corresponding to the contractually agreed products and services in terms of quality standards and properties.

The other party to the contract shall give notice of desired changes with regard to the scope of performance by no later than seven days before the start of the event.

3. Pricing and payment terms

3.1. If no prices are agreed in an individual case, Oberbayerische Fleisch & Wurst GmbH’s price list that is valid when the contract is signed shall apply. The prices are exclusive of the statutory value-added tax.

3.2. The costs and fees of performing the contract for customs declarations and clearance, transport by air and land, import papers, veterinary certificates, pro forma invoices, plant protection certificates and costs of staff for hotel accommodations, out-of-pocket expenses, hourly rates, visa fees and local transfers shall be borne by the other party to the contract.

3.3. Oberbayerische Fleisch & Wurst GmbH will be entitled to request a down payment to the amount of 80 % of the contractually agreed remuneration. This must be paid two weeks before the start of the event.

3.4. Payments will be due ten days as of invoicing and delivery or, as applicable, acceptance of the goods.

3.5. Oberbayerische Fleisch & Wurst GmbH will charge interest on arrears of 5 percentage points above the base rate during the period of default for its receivables against contracting parties who are consumers within the meaning of § 13 of the German Civil Code (BGB). If the other party to the contract is a business person, the interest on arrears will amount to 8 percentage points above the base rate.

3.6. Counterclaims of the other party to the contract can only be offset against non-appealable claims.

3.7. The other party to the contract may not assign existing or future claims against Oberbayerische Fleisch & Wurst GmbH to third parties.

3.8. Oberbayerische Fleisch & Wurst GmbH may demand appropriate securities in the form of guarantees, deposits or insurances from the other party to the contract.

4. Delivery and transport

4.1. Delivery and performance deadlines shall be established by contract.

4.2. On the other party to the contract’s request and at its expense, the goods will be sent to a different destination (purchase with delivery). Unless agreed otherwise, Oberbayerische Fleisch & Wurst GmbH will be entitled to determine the type of delivery (in particular, the transport company, transport route, packaging) at its own discretion.

4.3. If the other party to the contract defaults in acceptance, fails to cooperate or if it is responsible for a delay in performance, Oberbayerische Fleisch & Wurst GmbH will be entitled to demand compensation for the resulting damage, including compensation for additional expenditures (e.g. for costs of transport and storage).

4.4. Oberbayerische Fleisch & Wurst GmbH will be released from its obligation to deliver, if and to the extent that it is prevented from performing due to unforeseen, extraordinary circumstances (as a result of force majeure, a disruption of operations due to strike or lockout, intervention by the authorities, a delay in the delivery of essential raw materials), which it was unable to prevent despite reasonable care taking into account the circumstances of the individual case.

4.5. If the other party to the contract is a consumer within the meaning of § 13 of the German Civil Code (BGB), Oberbayerische Fleisch & Wurst GmbH engages to immediately inform about any non-availability and to immediately reimburse for the associated counter-performance in the event that a release from the obligation to perform in accordance with point 4 occurs.

4.6. The other party to the contract shall take care of customs clearance.

5. Assumption of risk (in the case of delivery of foods and beverages)

5.1. The risk of accidental destruction and accidental deterioration of the foods and beverages delivered shall pass to the other party to the contract upon delivery.

5.2. When a purchase involves delivery, the risk of accidental destruction and accidental deterioration of the foods and beverages delivered shall already pass when they are handed over to the transport company, the carrier or any other person or organization that has been designated to carry out the delivery.

5.3. If Oberbayerische Fleisch & Wurst GmbH delivers foods or beverages or equipment for an event to the other party to the contract with its own vehicles, the risk shall pass to the contracting partner upon arrival at the other party to the contract’s destination.

5.4. In cases where inspection and acceptance of the goods is required when foods produced by Oberbayerische Fleisch & Wurst GmbH are delivered, the time of acceptance shall be decisive for the passing of risk to the other party to the contract. If the other party to the contract does not inspect and accept the goods by a reasonable deadline set by the company, even though it is obligated to do so, the goods shall be deemed to have been accepted.

5.5. If the other party to the contract defaults in acceptance, the goods shall likewise be deemed to have been accepted. In these cases, the costs incurred for storage shall be borne by the other party to the contract as of the time that the goods are ready for dispatch. Oberbayerische Fleisch & Wurst GmbH will be entitled to use the delivered goods otherwise after a reasonable deadline has lapsed.

6. Liability for defects

6.1. In the event of defects of material and title, the statutory provisions shall apply for the rights of the other party to the contract, insofar as … in 7.4 . The limitations of liability arising from points 2 and 3 shall not apply unless established otherwise in the General Terms and Conditions.

6.2. The agreement on the properties of the goods shall form the basis for liability for defects. Insofar as properties were not agreed, the decision on whether there is a defect shall be based on the statutory provisions.

6.3. If the other party to the contract is a business person, its claims for defects shall presuppose that it will comply with its statutory obligation to examine and notify of defects (§§ 377, 381 Par. 2 of the German Commercial Code, HGB) . The other party to the contract shall inspect the delivered goods immediately upon delivery and immediately notify Oberbayerische Fleisch & Wurst GmbH in writing of any defects. Notices of defects that are not received in due time will not be taken into account by Oberbayerische Fleisch & Wurst GmbH, nor will any liability be assumed for such defects.

6.4. If there is a defect for which an effective complaint has been made and which has been confirmed to be a defect, this shall, first of all, entitle the other party to the contract to request repair or delivery of a flawless product at its discretion.

6.5. In urgent cases, e.g. if the safety of operations is endangered or to prevent disproportionate damage, the other party to the contract shall have the right to eliminate the defect itself and to demand reimbursement for the expenditures required to do so from Oberbayerische Fleisch & Wurst GmbH. Oberbayerische Fleisch & Wurst GmbH must be informed about such self-remedy immediately, if possible, before it is initiated. The right to self-remedy shall not apply if Oberbayerische Fleisch & Wurst GmbH would be entitled to refuse corresponding subsequent performance according to the statutory provisions.

6.6. The other party may withdraw from the contract or reduce the contractually agreed remuneration if supplementary performance has failed or if a deadline for the subsequent performance to be set by the other party to the contract has not been met or if it the supplementary performance is superfluous according to the statutory provisions.

6.7. The other party to the contract only has claims to compensation for damages or reimbursement for wasted expenditures in accordance with Section 7; otherwise, they will be excluded.

7. Other liability

7.1. Unless provided otherwise in the following provisions, Oberbayerische Fleisch & Wurst GmbH will be liable in accordance with the statutory provisions if contractual or non-contractual obligations are not met.

7.2. In cases of simple negligence, Oberbayerische Fleisch & Wurst GmbH will be liable

1. for damage arising from injury to life, body or health (personal injury)
2. for damage arising from a violation of an essential contractual obligation (an obligation that must be met so that the contract can even be performed properly and the compliance with which the other party to the contract normally expects and is entitled to expect).

7.3. Liability for damages not covered by point 2 will be limited to intentional and gross negligence by Oberbayerische Fleisch & Wurst GmbH, their legal representative or their vicarious agent.

or if Oberbayerische Fleisch & Wurst GmbH has fraudulently concealed a defect or given a guarantee for the properties of the goods. The same shall apply for the other party to the contract’s claims pursuant to the product liability law.

7.5. The other party to the contract can only withdraw or terminate the contract due to a violation of duty that does not comprise a defect if Oberbayerische Fleisch & Wurst GmbH is responsible for the violation of duty.

7.6. Oberbayerische Fleisch & Wurst GmbH’s liability will be limited to the amount covered by its business liability insurance, which is EUR 2,500,000.

7.7. The other party to the contract will be liable for any and all damage to the buildings and inventory made available that is caused by its employees, participants at the event or other third parties.

8. Reimbursement of expenditures upon termination of the contract

8.1. If an event fails to take place due to reasons that are the fault of the other party to the contract, as a result of cancellation or because of a reduction in the number of participants, Oberbayerische Fleisch & Wurst GmbH shall receive the following when it becomes known that the event will not take place.

8.1.1. For contracts relating to the provision for use of rooms/halls for conferences, banquets and events along with temporary structures:

1. up to 31 days before the start of the event, 50 %
2. 30 or more days before the start of the event, 100 %

8.1.2. For contracts relating to the provision of staff, foods and event equipment (technical and non-food equipment):

1. between 14 and 8 days before the start of the event, 50 %
2. between 7 and 5 days before the start of the event, 80 %
3. 4 or more days before the start of the event , 100 % (a proportional amount if the number of participants is decreased) of the agreed remuneration

8.1.3. For agreements relating to the delivery of beverages:

1. between 7 and 5 days before the start of the event, 20 %
2. 4 or more days before the start of the event, 40 % (a proportional amount if the number of participants is decreased) of the agreed remuneration.

8.2. The other party to the contract will be entitled to prove that no damage or significantly less damage was incurred by Oberbayerische Fleisch & Wurst GmbH. The foregoing shall not prejudice any further claims to compensation for damages of Oberbayerische Fleisch & Wurst GmbH.

9. Retention of title (for deliveries of foods and beverages)

9.1. Oberbayerische Fleisch & Wurst GmbH shall retain title to the foods and beverages sold until full payment of all the existing claims arising from the contract. If the other party to the contract is not a consumer within the meaning of § 13 of the German Civil Code (BGB), the foregoing shall also apply to future claims arising from an ongoing business relationship.

9.2. Use of the foods and beverages that are subject to a retention of title by, for example, selling or pledging them, assigning them as security, giving them away or making them available for use will not be permitted.

10. Severability clause

If individual provisions of this contract are fully or partially ineffective or become so, such ineffectiveness shall not affect the validity of the rest of the contract.

11. Place of performance

The place of Oberbayerische Fleisch & Wurst GmbH’s main office shall be the place of performance.

12. Choice of law and jurisdiction

12.1. The contractual relationship is subject to the law of the Federal Republic of Germany.

12.2. Berlin shall be the exclusive seat of jurisdiction for all disputes arising from the contractual relationship and its creation insofar as the other party to the contract is a business person within the meaning of the German Commercial Code (HGB), a legal entity or a special fund under public law.