I. General information
The following conditions apply to all deliveries and services of Pyrotec - Cologne. These conditions apply exclusively. Terms and conditions of the client that deviate from these terms and conditions shall not be valid unless expressly agreed otherwise in writing.
II. Content of the contract
The offers of Pyrotec - Cologne are subject to confirmation.
The information contained in brochures, catalogues, circulars, advertisements, price lists and drawings/illustrations is non-binding.
The scope of deliveries and services is determined by the written order confirmation of Pyrotec - Cologne. If there is no such confirmation, the offer shall be decisive.
Oral or telephone agreements require the written confirmation of Pyrotec - Cologne to be valid. Pyrotec - Cologne reserves all property rights and copyrights to cost estimates, drawings, drafts, development plans and other documents. They may not be made accessible to third parties without the written permission of Pyrotec - Cologne.
III. Delivery and performance periods
Dates and deadlines for the execution of deliveries and services are only binding if they are expressly designated as binding by Pyrotec - Cologne.
The delivery and service periods shall be extended appropriately if the client does not supply documents, plans, drawings, approvals, releases/consents, necessary information and data in good time and does not comply with the agreed terms of payment.
Non-compliance with the deadline is due to force majeure, officially ordered measures, strike, lockout, non-delivery or other circumstances for which Pyrotec - Cologne is not responsible according to general legal principles.
The deadline shall be deemed to have been met in the case of deliveries and services with assembly at the beginning of the assembly work, in the case of deliveries and services without assembly with handover to the transporter/freight forwarder, in all other cases with notification of completion/provision.
Pyrotec - Cologne is entitled to partial deliveries or partial services at any time.
Pyrotec - Cologne is liable for compensation claims of any kind of the client in cases of delayed deliveries or services, even after expiry of a reasonable grace period set to Pyrotec - Cologne, in accordance with point X.
IV. Transfer of risk and acceptance
The risk shall pass to the customer upon acceptance in accordance with the following paragraphs.
Unless otherwise agreed, acceptance shall take place when the deliveries and services are handed over to the customer, in the case of agreed shipment by handover to the carrier/freight forwarder or by notification of completion/provision.
The customer shall be in default of acceptance if he refuses acceptance, if he does not collect the object within two weeks of notification of completion or if he does not make any payment upon handover, unless otherwise agreed.
V. Transport insurance
At the customer's request, the goods shall be insured at his expense.
This requires a separate agreement. For legal reasons, pyrotechnic articles and other dangerous goods will only be shipped by rail freight or forwarding agent.
Here, too, the risk is transferred to the client when the goods are handed over to the railway or freight forwarder.
VI. Obligations of the principal
The client is obliged to insure the goods subject to retention of title against fire and the risk of theft and to provide Pyrotec - Cologne with proof of the conclusion of the insurance policy upon request.
All claims against the insurer arising from this contract with regard to the goods subject to retention of title are hereby deemed to have been assigned to Pyrotec-Cologne.
The client is responsible for his data, drawings, illustrations, technical data, dimensional, weight and performance descriptions as well as information.
Pyrotec - Cologne is not obliged to check these documents, unless Pyrotec - Cologne recognized or had to recognize that the contents of the documents contradict the generally recognized rules of technology.
The material provided to Pyrotec - Cologne by the client for the execution of the contract must be in a safe and usable condition. The generally recognised rules of technology (DIN, VDE, BGV-C1, etc.), the generally recognised safety and occupational health rules as well as the provisions of the professional association regulations must be observed.
VII. Prices and terms of payment
The prices stated in the written order confirmation are authoritative.
If an order confirmation is not available, the prices in the offer are authoritative.
The prices do not include sales tax, which is to be paid in addition to the statutory amount.
Unless otherwise agreed, the prices are ex warehouse of Pyrotec - Cologne.
The goods shall be sent at the expense of the client.
Costs for transport insurance shall be borne by the client.
Payments are to be made immediately upon acceptance without deduction, unless otherwise agreed.
If payment deadlines are culpably exceeded by the client, Pyrotec - Cologne may, without prejudice to further claims, demand interest on arrears in the amount of 10%, but at least the statutory interest on arrears.
The client is free to prove higher or lower interest.
Payment by bills of exchange and cheques shall be made on account of performance.
Pyrotec - Cologne is entitled to refuse to accept bills of exchange and cheques.
The discount charges shall be calculated from the due date of the invoice amount.
If the client culpably does not meet his payment obligation, in particular if he does not honour cheques and bills of exchange, or if he suspends payment, Pyrotec - Cologne is entitled to demand payment of the entire remaining debt, even if cheques and bills of exchange have been accepted.
In addition, Pyrotec - Cologne is then entitled to demand advance payments. Offsetting against counterclaims or assertion of rights of retention is only permissible if the claims of the client are undisputed or have been legally established.
VIII. Withdrawal from customers/cancellation/deadline postponement
Vouchers purchased directly from Pyrotec - Cologne have a validity of 3 years. They are excluded from exchange and the corresponding conditions of participation apply.
In the event of a customer's withdrawal from an adventure fireworks show or workshop, the following cancellation conditions apply:
The participant can withdraw from the contract at any time until the beginning of the experience by declaring this to Pyrotec - Cologne. In order to avoid misunderstandings, it is recommended to declare the withdrawal in writing, stating the name of the participant.
The cancellation fee is based on the receipt of the cancellation notice by Pyrotec - Cologne. In the event of cancellation after an event has already been booked with the organiser, cancellation compensation will be paid, unless other provisions of the respective organiser have been accepted when booking the event (redemption of the voucher) (e.g. general terms and conditions of the selected organiser), taking into account expenses usually saved and the usually possible other use of the service, the following lump-sum percentages of the respective booking price:
from receipt of the confirmation until the 30th day before the start: 40%, but at least 60 Euro net
from the 29th day to the 22nd day before the start: 45 %.
from the 21st day to the 15th day before the start: 50%.
from the 14th day to the 8th day before the start: 60%.
from the 7th day to the 2nd day before the start: 70%.
from the day of the event 100%.
In case of non-appearance / non-occurrence: without prior notice of cancellation 100%.
IX. Retention of title
Pyrotec - Cologne reserves the title to all goods and services supplied by it until full payment of all claims arising from the business relationship.
This also applies if the purchase price for certain goods or services specified by the client has been paid.
In the case of a current account, the reserved property shall be considered as security for the balance claim.
The customer is permitted to resell the goods within the framework of proper business transactions.
The client hereby assigns to Pyrotec - Cologne his claims from the resale of the reserved goods, in particular the payment claim against his customers.
Pyrotec - Cologne accepts the assignment.
The client is obliged to notify his customers of the assignment. Pyrotec - Cologne is to be informed of the claims and names of the customers. The client is entitled to collect claims from the resale.
In case of default of payment or if Pyrotec - Cologne becomes aware of circumstances which, according to commercial discretion, are suitable to reduce the creditworthiness of the client, Pyrotec - Cologne is entitled to revoke the right of collection.
The processing of the reserved goods is carried out for Pyrotec - Cologne as manufacturer in the sense of § 950 BGB (German Civil Code), without obligations arising for Pyrotec - Cologne.
If the reserved goods are processed with other objects not belonging to Pyrotec - Cologne, Pyrotec - Cologne shall acquire co-ownership of the new object in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used at the time of processing.
The assignment by way of security of goods owned by Pyrotec - Cologne is inadmissible.
In the event of access by third parties to the reserved goods, in particular seizures, the client shall point out the ownership of the goods by Pyrotec-Cologne and inform Pyrotec-Cologne immediately by sending a copy of the seizure protocol.
In case of default of payment by the client or other non-fulfilment of the contractual obligations by the client, Pyrotec - Cologne is entitled to take back the goods delivered by Pyrotec - Cologne after issuing a reminder and setting a reasonable payment deadline.
The withdrawal does not constitute a withdrawal from the contract unless § 503 BGB (German Civil Code) applies.
Furthermore, Pyrotec - Cologne is authorized, if the client does not meet his obligations at maturity, to exploit the reserved goods and other securities with the greatest possible consideration for the interests of the client at any time and also without judicial proceedings.
The realisation may only take place if Pyrotec - Cologne has informed the client of this at least 20 days in advance. If the value of the securities granted exceeds the claims of Pyrotec - Cologne by more than 20 %, Pyrotec - Cologne is obliged, at the request of the client, to retransfer or release securities at the discretion of Pyrotec - Cologne.
Pyrotec - Cologne warrants that Pyrotec - Cologne will, at Pyrotec - Cologne's option, repair or replace free of charge all defects which are demonstrably due to material defects or faulty work and which Pyrotec - Cologne has been notified of within the warranty period.
If the repair is unsuccessful or unreasonable or if it is rejected by Pyrotec - Cologne, then the client is entitled to claim damages instead of the service according to point X.
The right of withdrawal remains unaffected. All defects must be reported to Pyrotec - Cologne in writing immediately after their discovery.
The warranty period is two years.
It begins with the acceptance, in case of delayed acceptance, as soon as the client is in default of acceptance.
Rectification of defects or replacement deliveries do not interrupt or extend the warranty periods.
In the case of warranty cases, the object of the order must be made available to Pyrotec - Cologne in the case of the purchase contract.
Any dismantling and installation costs as well as transport costs shall be borne by the client.
In the case of a contract for work and services, Pyrotec - Cologne shall be kept ready or sent to Pyrotec - Cologne for repair or replacement at the expense and risk of the client.
The warranty does not apply if changes or repairs have been made to the object of the order without the prior consent of Pyrotec - Cologne or if a defect is due to the use of force,
natural wear and tear, incorrect installation by the customer or a person appointed by him, incorrect handling, infringement of the operating instructions, lack of maintenance or lack of inspection. The claim for damages of the client, who is an entrepreneur within the meaning of § 478 BGB (German Civil Code), is based on X.
XI. Total liability
The liability of Pyrotec - Cologne including its legal representatives and vicarious agents are bound by the following provisions:
Claims for damages due to breaches of contract caused by Pyrotec - Cologne or its vicarious agents (e.g. default, impossibility, non-performance, breach of contractual ancillary obligations, breach of duties during contract negotiations as well as tort) are limited to cases of gross negligence and intent.
In the case of grossly negligent breach of duties of care and ancillary duties by simple vicarious agents, the liability of Pyrotec - Cologne is further limited to the sum insured and covered by the existing business liability.
In case of violation of essential contractual obligations (so-called cardinal obligations) Pyrotec - Cologne is also liable for slight negligence, but only up to the amount of the sum insured covered by the existing public liability.
Liability does not extend to loss of profit, lack of savings, damages from claims of third parties and other indirect and consequential damages.
XII. Jurisdiction and applicable law
The law of the Federal Republic of Germany shall apply.
The place of jurisdiction for all disputes arising from the contractual relationship shall be the Local Court of Siegburg. However, Pyrotec - Cologne is free to appeal to the court responsible for the client's place of business.
XIII. Supplementary provisions for the provision of technical services
If Pyrotec - Cologne services are invoiced according to quantity, time or number of items, Pyrotec - Cologne will send the client proof of performance after execution of the order.
If the client does not object to the services listed in the proof of performance within seven working days of receipt, the burden of proof that the services listed have not been provided by Pyrotec - Cologne lies with the client.
Duties of the client: The client has the duty to inform Pyrotec - Cologne about the time schedule and the planned deployment times.
The client shall provide Pyrotec - Cologne with all necessary documents to enable proper execution of the work within the agreed period.
These are technical plans, drawings, floor plans, seating plans, escape and rescue route plans, detailed drawings, stage plans, sound reinforcement plans, lighting plans, calculations, energy requirements, bills of materials, etc.
These documents must be available at least 72 hours before the start of the event.
The client is obliged to supervise the personnel provided by him or by third parties for the planning or execution of the event with regard to compliance with the Working Hours Act, the Youth Employment Protection Act, the provisions of the Occupational Safety and Health Act or other employment protection regulations.
Insofar as special working hours or employee protection regulations are to be observed for individual persons, the client is obliged to precisely identify the employees concerned, stating the restrictions.
If Pyrotec - Cologne assumes the supervision of the employee protection regulations for the client on the basis of a special agreement, Pyrotec - Cologne is entitled to a special renumeration for this. The client is obliged to inform Pyrotec - Cologne in good time about possible risks and dangers at the planned place of use before the start of the work.
XIV. Supplementary provisions for assembly
The customer shall assume responsibility at his own expense and provide it in good time:
all earthwork, construction work and other ancillary work outside the scope of the contract, including the necessary skilled and unskilled labour, building materials and tools.
The commodities and materials required for assembly and commissioning, such as scaffolding, lifting gear and other devices, fuels and lubricants, energy and water at the point of use, including connections, heating and lighting, for the storage of machine parts, apparatus, materials, tools, etc. during assembly. to take the measures which he would take to protect his own property in order to protect the property of Pyrotec - Cologne and the assembly personnel on the construction site, including sufficiently large, suitable, dry and lockable rooms and adequate work and recreation rooms for the assembly personnel, including sanitary facilities appropriate for the circumstances.
To provide or communicate protective clothing and protective devices which are necessary due to special circumstances at the installation site.
Prior to commencement of the installation work, the customer must provide the necessary information on the location of concealed power, gas and water lines or similar installations as well as the necessary static information without being requested to do so.
Before assembly or erection begins, the materials and equipment required for commencement of the work must be available at the site of assembly or erection and all preparatory work must have progressed to such an extent that assembly or erection can be started as agreed and carried out without interruption.
Access roads and the installation or assembly site must be leveled and cleared.
If the installation, assembly or commissioning is delayed due to circumstances for which Pyrotec - Cologne is not responsible, the client shall bear the costs for waiting time and additional necessary travel by Pyrotec - Cologne or the assembly personnel.
XV. Supplementary provisions for special effects, indoor and outdoor fireworks
The fireworks must be approved by the responsible authorities.
Pyrotec - Cologne obtains the necessary permits in the name and on behalf of the client.
All costs and fees incurred in this connection as well as costs of fulfilling official requirements, the necessary safety measures and any GEMA fees shall be borne by the client.
The client must provide Pyrotec - Cologne with the necessary approvals of the affected neighbours and all documents requested by Pyrotec - Cologne at least 21 days before the beginning of the event, as otherwise the planning and initiation of the approval procedure cannot begin.
The client shall ensure that all official conditions and requirements can be complied with.
The client must enable the pyrotechnician responsible by Pyrotec - Cologne to comply with the relevant legal regulations for indoor and outdoor fireworks in the respectively valid version as well as the administrative regulations and official requirements.
In the case of external fireworks, the burning place must be available exclusively for the construction of the fireworks on the day of the event at the agreed time.
The client must ensure that the room temperature for indoor fireworks does not fall below 18° Celsius and that the relative humidity does not exceed 70 % from the start of construction until the end of the fireworks.
Smoking is absolutely prohibited in the event rooms from the start of construction. Compliance with this ban must be monitored by the client.
Changes in the area of the burning place require the approval of the pyrotechnician responsible by Pyrotec - Cologne after placing the order.
The cleaning of the burning place and the surroundings is the responsibility of the client. The responsible pyrotechnician reserves the right to make necessary changes in the design of the fireworks for fire police, artistic or technical reasons within the scope of the planned planning.
Should the official approval for the execution of the fireworks not be granted for reasons for which Pyrotec - Cologne is not responsible, the obligation of Pyrotec - Cologne to perform shall be waived. The client shall reimburse Pyrotec - Cologne for the expenses incurred in connection with obtaining official approval.
If the approval is not granted because the client has not provided the necessary cooperation, Pyrotec - Cologne is entitled to demand 50 % of the order sum as lump-sum compensation.
The client is at liberty to prove that no damage has been incurred or that the damage has not been incurred in this amount. The right to claim higher damages is reserved.
If the fireworks are not carried out for other reasons for which the client is responsible, he is obliged to pay Pyrotec - Cologne the agreed price minus the expenses saved by Pyrotec - Cologne as compensation.
The same applies if burning off is impossible due to the weather.
It is at the discretion of the responsible fireworker whether burning is possible in rainy weather and/or storm.
If he burns in agreement with the client despite rain, Pyrotec - Cologne cannot guarantee a failure-free burning.
The recording and reproduction of the pyrotechnic effects of Pyrotec - Cologne for commercial purposes outside the agreed event requires the written consent of Pyrotec - Cologne. This may be granted subject to payment of the fee owed under this contract and revoked in the event of default.