GENERAL TERMS & CONDITIONS

Paul events GmbH
Agency for Marketing and Communication
Gottlieb-Binder-Str. 17, 71088 Holzgerlingen
Managing Directors: Florian Schnurer, Philipp Schwend
Commercial Register Munich, HRB 88717
Commercial Register Böblingen, HRB 5989
VAT ID: DE 129 433 727

§ 1 Scope
1. These terms and conditions apply exclusively to all contracts and actions with Paul events GmbH, hereinafter referred to as PEG.
2. Deviating regulations are generally rejected. Regulations other than those set out here will only be effective with our explicit written acknowledgement.
3. These General Terms and Conditions shall also apply to future business relationships, even if they are not expressly agreed upon again.
4. Verbal ancillary agreements are not permissible and, in order to be effective, must be agreed in writing in advance, documented and countersigned by the PEG. Changes to the terms and conditions, including this confirmation clause, as well as the agreement on delivery dates or deadlines, which can be agreed on a binding or non-binding basis, require confirmation by PEG.
5. In principle, all products used and/or provided, including accessories, aids and equipment, are the property of PEG. PEG may demand an immediate return of the items used in the event of a breach of contractual agreements or due diligence obligations by the customer. A refusal to surrender is not permissible and will immediately lead to legal consequences.

§ 2 Offer, Order Confirmation, Conclusion of Contract, Delivery, Disruption
1. All offers of PEG are subject to change and non-binding, unless an explicit binding assurance has been given. Orders must be made in writing and are only binding if PEG confirms them or complies with them by sending the goods.
2. Contracts are based on PEG's offers. These are created according to the customer's requirements and the known project status. A contract is legally concluded by the written order of the customer on the basis of the latest offer or with the acceptance of the customer by countersigning an order confirmation or execution of the services or sending a delivery.
2a. PEG order confirmations become legally valid 24 hours after dispatch without objection.
3. Delivery is made from the Holzgerlingen warehouse at the expense and risk of the customer. The risk is transferred to the customer when the goods are dispatched/transported. The delivery date is considered to have been fulfilled as soon as the shipment has been handed over to the carrier/customer. In the event of force majeure such as official orders, strikes, operational disruptions, attacks, forces of nature or difficulties in procuring materials, PEG is not responsible for delays in delivery and performance.

§ 3 Event service
1. Event services are services whose scope and execution are documented in the offer. The services and items listed in the order confirmation are to be checked by the customer and countersigned and returned to PEG. In order to ensure production success on site, necessary additions in service and assembly services, waiting times and the resulting additional effort are deemed to have been commissioned by the customer. The customer has the right to view the relevant production records at any time.
1.1 PEG shall perform in accordance with the scope specified in the offer/order confirmation. All actions are aimed at achieving the objective set out in the offer.
1.2 In the event of technical malfunctions, PEG shall only provide the necessary compensation if the fault was caused within the PEG's area of control.
1.3 Extended liability also for consequential damages that were not caused intentionally or through gross negligence by PEG and its vicarious agents is generally excluded.
1.4 PEG is also not liable in the event of force majeure, industrial disputes, operational disruptions, forces of nature, disruptions of traffic, official orders or specifications of the respective organiser. PEG notifies the client if such disruptions affect the planned production process and the service cannot be provided or cannot be provided in full. 

§ 4 Internet and IT Service
1. Internet and IT services are provided as part of PEG's regular business activities. These services are to be understood exclusively as services. The type, scope, quality and content are determined exclusively by the customer.
1.1 The Client shall indemnify PEG against all claims by third parties with regard to the data provided. The customer reserves a backup copy of the data provided. In particular, personal data will be irretrievably deleted 6 weeks after the end of the project, i.e. when they are no longer necessary for the purposes for which they were collected.
1.2 In the area of participant logistics (Paxido), it is assumed that the Client owns all rights to transmitted data. The data will be handled by PEG with the greatest care and confidentially in accordance with the requirements of the BDSG/GDPR. After completion of a project, the data provided and determined as part of the task are stored on a corresponding data carrier, returned to the customer and sent to PEG no later than 6 weeks after the end of the project, i.e. When they are no longer necessary for the purposes for which they were collected, they are irretrievably deleted.
1.3 The Client therefore agrees that PEG may block access in the event that claims for injunctive relief are made by third parties or that the Client is not the undisputed owner of the rights to the published documents or programmes. In the event that the customer data contains information the content of which could hurt, insult or denigrate third parties in its honor, PEG is entitled to immediately discontinue and block all other services, in particular Internet services, even if an actual legal claim does not (yet) exist and to invoice for the service delivered to date. 

§ 5 Rental & Shipping
1. Rentals are a temporary provision of equipment and accessories. The rental period is at least three days. The quantity and quality of the rental items are documented in the order confirmation and in the delivery note. Changes due to technical requirements can only be made by the landlord with the written approval of the PEG. The rented products always remain the property of PEG.
1.1 In the case of self-collection, the rental period begins on the day of collection and ends with the complete return of all components to the PEG.
1.2 The rental period for shipment begins on the day of shipment. The end of the lease results from the complete return of the intact rental items to the PEG.
1.3 In the event of returns of damaged or incomplete components, the rental period continues until the delivery condition has been restored.
1.4 The costs for the restoration of the delivery condition (including the packaging) are borne by the lessee.
1.5 If the components are transported or shipped by PEG, this is generally done on the basis of the General German Freight Forwarder Terms and Conditions (ADSp). In accordance with Section 413 of the German Commercial Code (HGB), liability is limited to 5.00 euros/kg. This also applies to delivery by a forwarding company commissioned by PEG. In both cases, the risk is transferred to the commissioning customer when the goods are taken over by the executing company.
1.6 The costs of transport and appropriate insurance are borne by the customer.
1.7 PEG is happy to offer transport insurance. For this purpose, the components to be transported must be listed in advance, clearly described, indicated with weight, material value and manufacturer information and made known to the PEG. The additional costs are borne by the customer.
1.8 The dispatch and return of the rental items must always be made in their original packaging. The costs for repairs or replacements in the event of damage, loss of function, missing parts as well as accessories and packaging are borne by the renter.
1.9 Goods transported on behalf must be packed on all sides and declared accordingly. In the case of unpackaged shipments, PEG does not bear any risk and may not be compensated for damages.
2. Consequential economic damages incurred by PEG for reasons caused by the tenant must also be borne by the tenant.
3. As a matter of principle, the tenant must keep the leased property in his possession. In the event of infringement and disclosure to third parties, the items, in particular electronic devices, must be checked for defects. The resulting costs will also be charged to the tenant. In the event of disclosure to third parties, the tenant undertakes to explain the ownership structure.
4. The lessor is entitled to have the rented object inspected at any time at the place of use.
5. When concluding the contract, the tenant warrants the most careful handling and care of the leased property, including use in accordance with the intended purpose.
6. The lessee is aware that the software used is subject to licensing law. The tenant is fully liable in its entirety, including for its vicarious agents, in the event of license violations and abuse, which may result in claims for damages in an unlimited amount.
7. In the event of malfunctions, errors or damages, the landlord must be notified immediately. Independent repairs, including those carried out by third parties, are strictly prohibited.
8. Changes to settings, calibrations and configurations of the equipment are not permitted and will result in reproduction and/or repair work for a fee, which will be reimbursed by the renter.
9. Modifications of the rented items, such as the removal of trademarks, company labels, name and calibration plates, are prohibited and automatically lead to claims for compensation by the lessor.

§ 6 Sale & Warranty
1. PEG guarantees that the supplied material is free of defects in accordance with the respective state of the art in accordance with the order. The warranty expires if the material/components supplied by PEG are put into operation by third parties or companies.
2. In the case of entrepreneurs (B2B purchases), the warranty is limited to repair or replacement of the defective parts at our choice and is limited to 6 months for electronic and electrical parts. Excluded from this are claims for defects by consumers as well as claims for damages due to injury to life, body or health and/or claims for damages due to gross negligence or intentional damage caused by PEG. In the case of sales to consumers, the warranty is based on the legal regulations. With regard to actual defects in components, these claims to which we are entitled are assigned to the customer.
3. There is no entitlement to conversion or reduction unless we are unable to remedy the defect.
4. Liability for defects does not apply to natural wear and tear and damage resulting from faulty, improper or negligent use or excessive/improper use/use. Consumables, such as toner for printers, ink cartridges, writing instruments and materials, data carriers and advertising materials, installation and backup material are provided in sufficient quantities and additionally charged according to consumption. 

§ 7 Liability
In the event of non-functioning of a component or individual parts of the system at the time of rental of the leased property, PEG shall be liable to the lessee up to a maximum of the full rental price of the defective item. If this defect leads to the complete failure of the system/component and our attempts to regulate/repair fail, the liability increases to the entire rental price. All further claims for damages are expressly excluded. 

§ 8 Prices and terms of payment
1. The prices for sales, rental and event services are agreed individually with the customers and are documented in the offer and in the order confirmation.
2. In principle, all receivables from sale, rental, service, logistics, damages, additional and consumption costs, are due for payment within 8 days.
2.1 In the event of default of payment, default interest shall be payable at the Bundesbank's discount rate plus 8% of the outstanding amount. Additional costs are incurred for each reminder.
2.2 All ancillary and consequential costs arising from the delay shall be borne by the customer.
2.3 A set-off is excluded unless these are undisputed or legally established or if they initially existed as a reciprocal benefit in kind and later converted into a claim for damages.
3. Consumables, such as toner for printers, ink cartridges, writing instruments and materials, data carriers and advertising materials, installation and backup material will be provided in sufficient quantities and will be charged additionally according to consumption.
5. Reasonable and necessary advance payments may be demanded from PEG and are due immediately if certain third-party services, such as stand and room rentals, trade fair construction, insurance and others, are claimed from PEG before the start of the event.
6. Components ordered and purchased on behalf of the customer remain the property of PEG until full payment has been made.
7. This does not affect the customer's obligation to accept the goods in the event of delays in delivery.
8. Services (this also includes the collection of personal data) are always billed according to expenditure and actual service, as in particular the on-site deployment and the overall service for participant registration and service can only be approximated in the offer and order confirmation. 

§ 9 Cancellation of an order 
The cancellation of an order must be made by written notice to the PeG and will come into force when the PeG has received the notification. Upon receipt of the notification, the PeG will immediately take the appropriate measures to implement the change. If ordered services are cancelled or reduced in scope, they are due for payment as a cancellation as follows: 

- Any costs from third-party suppliers that have already been paid and/or need to be paid by the supplier
- All third-party supplier costs that must be paid in full or in part due to cancellation deadlines
- The working hours worked by Paul events on the basis of the agreed daily rates. This also includes costs for goods already produced by Paul events
- Other expenses incurred (e.g. travel expenses, site inspection, etc.)

Furthermore, the following retention costs for trade fair materials and rental equipment (also to be understood as the supplier's own material brought in) are to be paid in the event of cancellation, without proof from Paul events GmbH: 

- Up to 6 weeks before the first day of the event or project, 25% on the trade fair and rental equipment agreed in the order
- Up to 4 weeks before the first day of the event or project, 50% on the exhibition and rental equipment agreed in the order
- Up to 3 weeks before the first day of the event or project, 75% on the trade fair and rental equipment agreed in the order
- Up to 2 weeks before the first day of the event or project, 90% on the trade fair and rental equipment agreed in the order

§ 10 Final Provisions
1. In the event of seizure of the leased property by third parties, the tenant must immediately send the attachment protocol to the landlord. The same applies if third parties (property owners, mortgage creditors, etc.) rights to the leased property can be asserted.
2. Should individual provisions of these General Terms and Conditions become invalid or unenforceable, this shall not affect the validity of the contract and the remaining terms and conditions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision in accordance with its meaning.
3. The place of fulfilment and jurisdiction in the event of disputes is, to the extent permitted by law, Stuttgart.

Paul events GmbH
December 2023