General Terms and Conditions for transport and stage service in respect of third-party musical instruments and accessories

Section 1 – Transporting Musical Instruments

PREISSLER MUSIC transports third-party musical instruments and accessories (i.e. those which it does not own) in isolated individual cases, depending on agreement either as additional cargo or an exclusive individual transport consignment, or on orchestra tours. If a vehicle intended for the transport is not available after the order has been confirmed, PREISSLER MUSIC shall be entitled to use an equivalent replacement, or to engage a subcontractor to carry out the transport.

Section 2 – Setting up/dismantling third-party equipment – stage service

As part of its stage service, PREISSLER MUSIC only sets up and dismantles musical instruments and third-party accessories that do not belong to it in individual cases and after a written order has been placed beforehand. PREISSLER MUSIC is entitled to have these activities carried out independently as a subcontractor, if necessary with the support of employees not employed by them. If it turns out that the safety and integrity of the PREISSLER MUSIC staff is at risk due to the conditions on site, the PREISSLER MUSIC company, or alternatively its on-site staff, is entitled to refuse deployment. Nevertheless, the use will be invoiced in full according to the offer. Claims for damages against PREISSLER MUSIC in this case shall be excluded.

Section 3 – Order Placement

On acceptance or confirmation of a quotation offer for transport/stage service from PREISSLER MUSIC, a legally binding contract shall be established on the basis of these Terms and Conditions. The said acceptance or confirmation may be provided in writing by letter, fax or electronically. All quotations – regardless of whether issued by telephone, fax, internet, e-mail or in any other way – shall only become binding upon PREISSLER MUSIC when confirmed by PREISSLER MUSIC in writing by letter, by fax or electronically.

Section 4 – Cancellation

Where the client cancels an order, the following cancellation fees shall be charged:

For cancellations more than 7 days before the start of the assignment, 25% of the total order amount.
For cancellations less than 7 days but more than 72 hours before the assignment, 40% of the total order amount.
For cancellations within 72 hours of the start of the assignment, 70% of the total order amount.
For cancellations within 48 hours of the start of the assignment, 80% of the total order amount.
For cancellations within 24 hours of the start of the assignment, 90% of the total order amount.

The order cancellation fees shall apply regardless of the reason for cancelling, and of any attributable fault or culpability. They shall also apply to order cancellations in cases of force majeure, strikes in the transport sector, storm risk, potential risk of illness, war or terrorism. Cancellation fees are subject to sales tax (VAT), and are payable immediately.

Section 5 – Payment

Unless otherwise agreed in writing or noted on the invoice, all invoices from PREISSLER MUSIC are due and payable immediately on the date of invoicing. Furthermore, PREISSLER MUSIC is entitled at any time, especially in the case of new customers, to provide services only against advance payment or advance bank transfer. This also applies in the context of an ongoing business relationship. PREISSLER MUSIC declares the reservation of a necessary prepayment in its written offer, but no later than in the order confirmation.
The client shall automatically be in default if the payment period stated on the invoices issued by PREISSLER MUSIC expires. For the duration of the default, interest shall be charged on the invoice amount at the applicable statutory interest rate pursuant to Section 288, Paragraph 2 of the German Civil Code (BGB) at a rate of nine percentage points above the respective base rate. PREISSLER MUSIC expressly reserves the right to assert further claims for damages caused by default. PREISSLER MUSIC’s claim to commercial interest on arrears in accordance with Section 353 of the German Commercial Code (HGB) remains unaffected in relation to business customers.
In the event that, after the order has been placed, it becomes apparent that PREISSLER MUSIC’s claim to payment of the invoice amount by the client is at risk (e.g. due to lack of solvency or in the course of impending insolvency proceedings), PREISSLER MUSIC may refuse to provide the service and withdraw from the order placed (Section 321 of the German Civil Code (BGB)). Furthermore, PREISSLER MUSIC may declare immediate withdrawal from orders involving the manufacture of special custom-made products or preliminary activities and claim damages from the client. The statutory provisions regarding the dispensability of setting a deadline remain unaffected.

Section 6 – Scheduling

Where PREISSLER MUSIC is contracted to transport third-party musical instruments or accessories, and/or to provide stage service in respect of said third-party musical instruments or accessories, the times stipulated by the client shall be deemed to be binding. Should the client or its contractual partners fail to comply with the agreed times, PREISSLER MUSIC shall be entitled to charge extra for waiting times of its personnel and vehicles. In the case of orchestra tours, the timing arrangements made in accordance with the quotation and order placed may apply at variance from the aforesaid.

Section 7 – Liability

PREISSLER MUSIC shall provide transport and stage service in respect of third-party musical instruments and accessories solely at the client’s risk. The client shall pack all items appropriately for transportation. Where PREISSLER MUSIC is contracted to carry out the packing, the client shall provide appropriate packaging. PREISSLER MUSIC shall not be held liable for indirect damage (including consequential loss, such as loss of profit) or for delays in transport or performance of stage service through no fault of its own. PREISSLER MUSIC shall likewise not be held liable for loss of, or damage to, the items entrusted to it in transit, during loading, or in performance of stage service, unless intent or gross negligence on its part can be proven. Claims for damages against PREISSLER MUSIC shall be excluded.

Section 8 – Insurance

The client shall itself insure the instruments and accessories adequately and in full against all risks during transport, loading and performance of stage service. PREISSLER MUSIC does not provide insurance covering transport or stage service in respect of third-party musical instruments and accessories.

Section 9 – General

All rights of the contractor under this contract are non-transferable. Any amendments or additions to this agreement must be made in writing. This shall also apply to any waiver of the requirement of written form. If any of these provisions should prove legally ineffective, the effectiveness of the remaining provisions shall not thereby be affected. This shall also apply to any identified loopholes. Ineffective provisions shall be replaced by provisions that come as close as possible to the intended purpose. Sole jurisdiction in respect of all disputes arising from this contract lies with the courts of Berlin.

Section 10 – Alternative Dispute Resolution

PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.

Section 11 – EU Dispute Resolution

The EU Commission provides a platform for online out-of-court dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings.