General Terms and Conditions

Simotec GmbH Catering
General Terms and Conditions
I. Scope of application and amendments to these General Terms and Conditions

These "General Terms and Conditions" apply exclusively to all transactions between the customer and Simotec GmbH (hereinafter referred to as "Simotec Catering"). All offers are non-binding. By placing an order by telephone or in writing, the customer recognises the following General Terms and Conditions.
Changes to these General Terms and Conditions will be offered to the customer in text form no later than two months before the proposed date of their entry into force. If the customer has agreed an electronic communication channel with Simotec Catering as part of the business relationship, the changes can also be offered in this way. The customer shall be deemed to have given his consent if he has not notified Simotec Catering of his refusal before the proposed date of entry into force of the changes. Simotec Catering will specifically point out this approval effect in its offer.
Data protection Customer data will be stored in our EDP system exclusively for order processing. The client hereby expressly declares his consent to this. All personal data will be treated confidentially.

II. Range of goods

The extensive product range of Simotec Catering is always subject to seasonal changes. If individual items are temporarily unavailable, Simotec Catering reserves the right to replace them with goods of at least equal value. Of course, the offer is to be regarded as a proposal, which Simotec Catering can change in any way desired by the customer.

III Standing time buffet

In the interest of quality and with regard to the guidelines of the Food Hygiene Ordinance, the standing time of buffets is limited to a maximum of three hours. If the order is required over a longer period of time, the customer can switch to different times with the total quantity after consultation with Simotec Catering.
In the case of so-called buffet deliveries, Simotec Catering assumes no liability for improper storage of the delivery item from the time of handover (see section VII.) by the customer.

IV. Prices, price list and value added tax

The customer is obliged to pay Simotec Catering's agreed prices for these services. This also applies to services and expenses incurred by Simotec Catering to third parties in connection with the event, insofar as the expenses and services have been contractually agreed or authorised by the customer.
Unless prices have been agreed in individual cases, the prices listed in the latest price list shall apply.
Simotec Catering is entitled to increase prices if the wages and costs on which the agreed remuneration is based increase and more than four months have elapsed between the conclusion of the contract and the delivery or handover to the customer.
Employees: service, kitchen, project management The number of employees required is determined by our experience. The working hours are based on the legal requirements. Work on Sundays and public holidays is subject to a 50% surcharge from 04:00 to 00:00 and a 100% surcharge on the regular hourly rate from 00:00 to 04:00. A minimum number of employees requested by the client must be agreed with us separately.
The agreed prices are exclusive of the respective statutory value added tax.

V. Due date, advance payment, default

At the time of written confirmation, but no later than 3 weeks before the catering date, an advance payment - from an order value of € 500.00 net - of 50% of the order amount is due immediately, the remaining 50% of the order amount is to be paid immediately after the event.
Invoices of Simotec Catering are payable immediately upon receipt without deduction. In the event of late payment, Simotec Catering is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The customer reserves the right to prove lower damages, Simotec Catering reserves the right to prove higher damages. A reminder fee of EUR 10.00 will be charged for each reminder after default has occurred.

VI Withdrawal, cancellation, costs, change in the number of participants

The customer has the right to withdraw from the contract at any time. If no other written agreements have been made between the customer and Simotec Catering, Simotec Catering is entitled to reasonable compensation.
After the contract has been awarded, 50% of the final offer will be charged for cancellations up to seven days before the event, unless there is a serious reason (death, illness, etc.).
In the event of cancellation up to three days before the event, 80% of the final offer will be charged, unless there is a serious reason (death, illness, etc.).
In the event of cancellation less than three days before the event, 100% of the last valid offer will be charged, unless there is a serious reason (death, illness, etc.).
If no amount has been contractually agreed for food and beverages, the lowest priced buffet or menu of the respective valid event offer shall be used as the basis for calculating the compensation.
The day on which the service commences shall not be included in the calculation of the cancellation period. In order to meet the respective deadline, the cancellation notice must be received by us no later than 16:00 on the day on which the deadline expires
Contracts concluded for premises are charged according to the cancellation conditions of the respective landlord.
The customer is obliged to provide Simotec Catering with an estimated number of participants when placing the order. The final number of participants, the food planning and other details important for the event must be communicated to Simotec Catering in writing no later than five working days before the date of the event in order to ensure careful preparation. If the order is placed at short notice, the decision must be communicated in writing immediately after submission of the offer.
The customer undertakes to inform Simotec Catering of the exact schedule of the event no later than three working days before the event, otherwise the desired event schedule cannot be guaranteed.
If the number of participants is reduced by more than 25%, Simotec Catering is entitled to increase the agreed prices appropriately.
In the event of an upward deviation in the number of participants, the actual number of participants will be charged.
The goods remain our property until full payment has been made.

VII Transport, transfer of risk, handover

If Simotec Catering ships the delivery item to a place other than its registered office, the risk shall pass to the customer as soon as Simotec has delivered the goods or the rental object to the forwarding agent, carrier or other third party commissioned with the shipment. If the shipment is made with Simotec Catering's own vehicles, the risk is transferred at the time of arrival of the vehicles at the customer's destination. The customer shall bear the transport costs from the registered office of Simotec Catering to the place of destination.
The delivery item is handed over formally and immediately after performance/delivery. The customer undertakes to attend the handover date himself or to be represented by an appropriately authorised representative. In this respect, it is expressly recognised that a handover date shortly before the start of the event is not unreasonable.
Any outstanding partial services or defects that have been reported will be made up for or rectified as quickly as possible. Provided they do not significantly impair the overall performance, they do not entitle the customer to refuse the handover.
If the customer has started to use the service or part of the service without prior formal handover, in particular has started to consume the delivered or prepared food and beverages, the handover shall be deemed to have taken place with the act of use.

VIII Dates, delivery

Delivery shall be made in accordance with the respective separate agreement. The agreed delivery and performance dates are binding unless Simotec Catering is prevented from fulfilling its obligations due to the occurrence of unforeseeable, extraordinary circumstances which it was unable to avert despite exercising reasonable care in the circumstances of the case or due to force majeure. In this case and if the delivery cannot be made within a reasonably extended period of time, Simotec Catering shall be released from its delivery and performance obligations. Insofar as Simotec Catering is not responsible for the failure to meet the delivery deadline, the customer shall not be entitled to claim damages.
Delivery is made to the best of Simotec Catering's knowledge and belief on the agreed delivery date to the delivery address specified by the customer. The customer must inform Simotec Catering of any special features relating to the delivery location, such as building sites, long distances, stairways, non-functioning lifts, etc., when placing the order so that Simotec Catering can make the necessary time and organisational arrangements. If Simotec Catering is not provided with such information or if the delivery location is particularly complex, Simotec Catering reserves the right to charge an additional fee.
Time differences must be expected for every delivery, which Simotec Catering cannot influence even with the greatest care. Any official authorisations or parking permits that may be required must be obtained by the customer or will be invoiced separately.
Delays due to force majeure, in particular traffic disruptions, are not at the expense of Simotec Catering. In the event of delays for the aforementioned reasons, the agreed deadlines shall be postponed by the duration of the hindrance.
The risk of loss, damage, reduction and deterioration of the object of performance shall pass to the customer at the latest when the object of delivery is handed over to the customer.

IX. Defects and warranty

Complaints due to obvious defects must be made in writing and specified immediately (if possible on site) after receipt of the service, but at the latest within 24 hours after the end of the event. Otherwise, the service provided by Simotec Catering is deemed to have been accepted by the customer.
In the event of justified defects, Simotec Catering has the right to choose between rectification or subsequent delivery. If the attempt at rectification fails, the customer may only reduce the price if the defect is insignificant; cancellation of the contract is excluded in this respect.
Simotec Catering assures that it will ensure that the goods to be delivered are transported with the utmost care and in accordance with regulations. Simotec Catering is not liable for damage to the goods after delivery to the customer due to improper handling, for example due to adverse storage temperatures.
The warranty does not cover defects caused by natural wear and tear, moisture, excessive heating, improper handling or improper storage. In the same way, the warranty does not extend to reasonable deviations in shape, dimensions, appearance, consistency, flavour and other characteristics of the goods, in particular foodstuffs.

X. Liability of Simotec Catering

If the delivery item cannot be used by the customer in accordance with the contract due to the fault of Simotec Catering as a result of omitted or faulty execution of suggestions and consultations made before or after conclusion of the contract or due to the breach of other contractual ancillary obligations, the following provisions shall apply to the exclusion of further claims by the customer:
1. Simotec Catering shall only be liable for damage that has not occurred to the delivery item itself, for whatever legal reasons
2. in the event of intent,
3. in the event of gross negligence on the part of the organs or executive employees,
4. in the event of culpable injury to life, limb or health,
5. in the event of defects which Simotec Catering has concealed or whose absence it has guaranteed,
6. in the event of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.
In the event of culpable breach of material contractual obligations, Simotec Catering shall also be liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to the foreseeable damage typical of the contract.
Further claims are excluded. This applies in particular to damages of any kind if the customer does not return leftover goods and food to Simotec Catering at the end of an event but distributes them to third parties.
Simotec Catering shall not be liable for defective deliveries or services provided by external companies engaged by Simotec Catering on behalf of the customer, unless Simotec Catering is proven to have intentionally or grossly negligently breached its duty of care in the selection and supervision of the external companies. If necessary, the customer may demand the assignment of Simotec Catering's claims against the external company.
Simotec Catering is also not liable for defective deliveries or services provided by the customer itself or third parties, in particular in the case of food and beverages brought in by the customer.

XI. Cancellation by Simotec Catering

Simotec Catering is entitled to terminate the contractual relationship at any time and without stating reasons if

the event jeopardises the smooth running of the business and/or the safety of the employees can no longer be guaranteed,
the reputation and safety of Simotec Catering is jeopardised,
in the event of force majeure,
if agreed payments on account are not received on time.

XII. Liability of the customer

The customer is liable for damage caused by guests, employees or agents of the customer. Simotec Catering must be reimbursed in full for any costs incurred. In the event of damage, breakage or theft of the equipment used (glasses, cutlery, crockery, table linen, decorations, etc.) by Simotec Catering, the customer will be charged in full. If necessary, Simotec Catering will require the customer to take out appropriate insurance. Simotec Catering is in no way liable for any items brought in in the event of loss, breakage or damage.
The duty of care for rented items is incumbent on the customer from the time they are taken over until they are returned. Any damage, shortages or loss are the responsibility of the customer and will be invoiced separately by Simotec Catering.

XIII Place of fulfilment

The place of fulfilment for delivery, handover and payment is Kaiserslautern.

XIV Place of jurisdiction

The place of jurisdiction is Kaiserslautern - also for bill of exchange, cheque and document proceedings.

XV. severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

Kaiserslautern, January 2016