GENERAL TERMS AND CONDITIONSCATALOGNA COLOGNE CATERING
1. Area of application
These terms and conditions are applicable for all present and future contracts, deliveries and other performances. Deviating terms of the Costumer are hereby expressly contradicted. These can only become part of the contract, if CATALOGNA COLOGNE CATERING GMBH has confirmed them in writing. These terms apply to all future supplies and services provided by the Contractor to the Costumer, insofar as the customer is not a consumer, even if not explicitly and separately stipulated.
Offers in catalogues, brochures and other documents, on the Internet, in advertisements, etc. constitute non-binding information. Our offers lose their validity, if they are not accepted in writing within 10 working days. Any ancillary agreements made orally or by phone or other deviations from the contract are only valid if confirmed by us in writing. Representations and warranties require the written form. Descriptions, illustrations and samples do not constitute any agreement concerning the nature and quality of goods. Small deviations and changes to our illustrations or descriptions are possible and do not affect the formation of the contract, especially regarding the use of products with widely fluctuating prices due to seasonal factors. Catalogues and price lists will loose their validity with appearance of a new version. The Costumer has to pay for each change of the offer arranged by him, after the third such change. The level of payment is defined by the expense caused by the relevant changes of the Costumer. For translations of the offers requested by the Costumer a fee of EUR 50,00 per 1.000 signs will be charged. In the event of non- availability of certain products and ingredients due to supply bottleneck, CATALOGNA COLOGNA CATERING GMBH is authorized to replace them with similar products.
3. Prices, minimum order and Payment
All prices in catalogues, brochures and other documents, in advertisements, etc. constitute non-binding information. As far as not agreed upon otherwise in writing, all prices are net prices plus the respective tax value valid at the time of the shipping. All prices are valid from an order value of 2.500,00 € (plus taxes) within the city's territory of Cologne and on working days. In the case of too small order values and orders outside Cologne prices do require e separate agreement. For events on Sundays or public holidays a mark-up in the amount of 25% has to be charged. The minimum order value on working days is 1.000,00 € plus taxes, on Saturdays 1.500,00 € plus taxes and on Sundays and public holidays 2.500,00 € plus taxes. For delivery of products an extra processing fee of 125,00€ will be charged. For each reminder the customer will be charged a reasonable fee in the sum of at least EUR 5,50. The Costumer needs to make a down payment of 80% of the order value, which has to be received by the Contractor latest two days before the date of the event. The remaining 20%, plus the payment for additional work, must be paid within a period of one week after the event. All invoices are due after the receipt of invoice and have to be to be paid in full. The right of retention will only exist for the Customer if the counterclaim is based on the same contractual relationship and recognized, undisputed, ready for decision or legally enforceable.
4. Conditions of delivery
The transport will be at the risk of Customer. The risk is transferred to the buyer as soon as the delivery has left the office of the Contractor. Loading and unloading off the truck are included in the delivery price. Our delivery services require an entrance door measuring of at least 1 m x 2 m (width x height) and a truck suitable entrance. We assume that our transport carriage will remain on-site. The transport carriages are stackable and do not require much space. If the storage is not possible, another service will be charged. The place of the event has to be freely accessible, eventual waiting periods will be calculated afterwards.
All offered articles are not weather resistant (except the ones that are marked as such). Circumstances of outdoor events can cause damages. Any subsequent cost will be charged. Mentioned appointments for our services apply approximated unless the test duration has been expressly described in writing as binding. In arrears in delivery, the Costumer must set a suitable subsequent period in writing.
5. Force Majeure
Default or disturbances caused by force majeure, labour disputes, business disruptions through no fault of either of the parties, unrest and other events beyond our control do not entitle the customer or the Caterer to assert any claims. The party concerned shall notify the other party without delay about the occurrence of such events.
CATALOGNA guarantees the contractually warranted properties of the sold items at the point of risk. Changes to the subject of the delivery do not require prior written permission from the Customer if they have been requested. These changes do not represent a defect of the purchased goods. Obvious defects have to be reported within 1 day in writing of their discovery. Complaints received after this date cannot be considered. The Customer is obligated to grant the Contractor immediate opportunity to determine the cause, degree, and course of the damage by himself or his representative. The guarantee rights lapse by customer intervention or other forms of manipulation, or by third parties commissioned by the customer. CATALOGNA shall be entitled to supplementary performance in the form of rectification of defects or replacement. The Costumer can only claim any further claims if two attempts at remedial work have failed due to the same defect. A guarantee for any items introduced is not taken.
The warranty does not extend to such defects occurring with the Principal due to natural wear and tear, damp, intense heat or improper handling or unsuitable storage. The same applies to the warranty not extending to reasonable variations in shape, dimensions, colour and texture of materials.
7. Liability of the Contractor
Any claims by the Customer for compensation or damages, which arise after delivery of the packaging material, shall be excluded. In case of breach of major contractual obligations the amount of the user's liability for damages is limited to contract-typical foreseeable damages. This does not apply in cases of gross negligence or wilful misconduct and/or in cases where we are in breach of fundamental contractual obligations. The restriction of liability applies in equal scope to parties employed by us in performing a contractual obligation and to our vicarious agents. In so far as the liability of the Contractor is excluded or limited, this applies as well to his staffers, employees, representatives and all other assistants. The aforementioned exclusions of liability and limitations of liability shall not apply to losses arising from the violation of life, body or health. In such cases the Contractor will be liable in accordance with statutory regulations
8. Terminations/ cancellations
Changes of the contract after the order confirmation are not allowed.
In case of terminations of the contract by the Costumer or in case that services of the Contractor are not accepted by the Costumer, although he did not terminate the contract – provided that the Contractor/supplier did not communicate a certain reason for the cancellation – has to pay the relevant percentages of the remuneration: 80 per cent of the agreed remuneration shall be paid if cancellation takes place up to 2 days prior to the agreed appointment and the full sum of the remuneration shall be paid if cancellation takes place at the same day of the agreed appointment. Goods that are already purchased for the order will be charged to the Costumer. Instead of the flat rate the Contractor can also calculate a relevant fee.
9. Obligations of Care
The Costumer undertakes to treat loaned items such as tableware, glasses, serving dishes etc. with care and to return them in perfect condition. Missing and broken quantities as well as damages must be borne by the customer. In case o floss or damage the Costumer will be liable to compensation to the amount of the replacement value. We refer particularly to use-by dates of our food. Delivered food shall be consumed within the indicated use- by dates. We do not assume liability in case of improper handling of the goods, which lie outside our area of responsibility.
10. Personnel services
Costs for staff, such as chefs or waiters, will be charged separately according to our price lists. All prices are based on the permitted working hours on working days according to the Law on Working Hours (ArbZG). Working shifts can not be longer than 8 hours, maximum 10 hours, after this period a second shift hast to be set. Additional costs arising from will be calculated in relation to the effort and will be charged tot he Costumer. CATALOGNA will only be liable for the proper personnel. For Service staff of the Costumer CATALOGNA will not be liable.
11. Data privacy
In accordance with §28 and §33 of the Federal Law for Data Protection we draw your attention to the fact that the data necessary in the context of the business settlement are processed and secured by means of an EDV. Personal data will be treated confidentially.
12. Closing provisions
If any of the provisions of these terms and conditions is invalid or unenforceable, the validity of the remainder of the contract is not affected. The contractual partners are obligated to replace the invalid provision with that valid provision that most closely approximates the economic effect of the invalid provision. The place of performance and place of jurisdiction for all disputes between the parties arising from the contractual relationship is, in so far as the Costumer is a merchant, public sector corporation or special fund under public law, the business place of Contractor. The law of the Federal Republic Germany exclusively applies with exclusion of the UN uniform law for international sales (CISG) the relevant provisions on Conflict of Laws.
Any subsidiary agreements must be made in written form; this also counts for cancellation of written form requirements issues.