These general terms and conditions apply to all offers and contracts of HiFive Productions GmbH (hereinafter referred to as „HiFive Productions“) and to all agreements between HiFive Productions and the client in which HiFive Productions provides services, delivers products or provides other services.
All offers from HiFive Productions are non-binding, unless expressly agreed otherwise in writing. Offers are merely an invitation to submit an offer and do not constitute a binding obligation.
A contract between HiFive Productions and the client is concluded when the client accepts the written offer from HiFive Productions and this acceptance is confirmed in writing by HiFive Productions. Changes or additions to the contract also require written confirmation by HiFive Productions.
HiFive Productions' prices are based on the cost factors valid at the time of the offer. HiFive Productions reserves the right to make price adjustments if the underlying cost factors, such as material prices, labour costs or taxes, change.
The delivery periods and dates stated in the offers are non-binding unless they have been expressly designated as binding in writing. Exceeding delivery deadlines shall not lead to an obligation to pay damages or to cancellation of the contract, unless this has been expressly agreed in writing.
Rental agreements are subject to the same conditions as purchase agreements, unless otherwise agreed. The client is obliged to return the rented items in proper condition at the end of the rental agreement.
Complaints about services rendered or goods delivered must be reported to HiFive Productions in writing within 7 days of receipt of the goods or performance of the service.
8.1 Planning and consulting services
HiFive Productions provides all planning and consulting services according to the current state of the art, based on the information available at the time and the current state of knowledge. HiFive Productions accepts no liability for planning errors or incomplete planning, unless these are due to intent or gross negligence.
8.2 Advisory function
HiFive Productions acts as an advisory company for all services. The final decision on the implementation and execution of the measures proposed by HiFive Productions is the responsibility of the client, unless expressly agreed otherwise in writing. HiFive Productions accepts no responsibility for the consequences of the client's decisions.
8.3 Limitation of liability
HiFive Productions is only liable for direct damages caused by intentional or grossly negligent behaviour. Liability for indirect damage, consequential damage or loss of revenue or profit is expressly excluded. In any case, the liability of HiFive Productions is limited to 50 % of the agreed fee for the service in question.
8.4 No liability for changes by the client
HiFive Productions is not liable for damages caused by changes or deviations that the client makes to the recommendations of HiFive Productions without authorisation, unless there is an express written agreement on the assumption of liability by HiFive Productions.
9.1 The client undertakes to take all necessary measures to ensure the proper performance of the services of HiFive Productions and to bear the associated costs.
9.2 Unless otherwise agreed in writing, the client is responsible for the accommodation and catering of all staff seconded by HiFive Productions. Accommodation for project managers, production managers, logistics managers, event managers and other senior positions must be provided in single rooms in the 4-star category and within a 30-minute radius of the event venue.
Accommodation for hands, helpers, forklift drivers and other HiFive employees must be provided in double rooms in the 3-star category and within a 30-minute radius of the event venue.
If accommodation in this category is not available, HiFive Productions must be informed immediately in order to find a joint solution. Breakfast must always be provided at the hotel.
9.3 In principle, the Contractor shall be responsible for organising its own arrival and departure. The Contractor shall invoice the Client for the costs of this as follows:
- if travelling by car 0.45 Euro / kilometre driven
- 2nd class train journey on the ICE including full seat reservation
- Air travel (less than 4 hours flight duration Economy Plus, more than 4 hours flight duration Business Class) including airport transfer (taxi) in the full amount
- Travelling day 0.5 daily flat rate for one day of use per arrival and departure
Travelling days will be charged for travel times of more than three hours. Travelling times of less than three hours shall be invoiced at one eighth of the agreed daily flat rate for each hour or part thereof. If an hourly fee has been agreed for the execution of the order, the travelling time shall be invoiced in accordance with the agreed hourly fee.
9.4 The client shall provide HiFive Productions with three meals per day free of charge. Alternatively, a buyout can be agreed, but this requires written confirmation from HiFive Productions. Breakfast must be provided at the hotel and, in the case of shift work, meals must be provided at staggered times. In addition, the client is obliged to provide water, soft drinks, tea and coffee free of charge during production times.
9.5 The client shall provide HiFive Productions with all necessary work equipment and machinery free of charge. In addition, an air-conditioned office workstation in the form of an office container or a permanent building in the immediate vicinity of the premises must be provided. The office workplace must be equipped with internet access, electricity and office furniture by prior arrangement.
9.6 Should the client fail to comply with one or more of the above points, HiFive Productions reserves the right to charge the additional costs incurred, including an administration fee.
All documents, CAD drawings, reports and other files created as part of HiFive Productions' services are subject to the following conditions:
10.1 These files remain the intellectual property of HiFive Productions GmbH.
10.2 Use is limited exclusively to the commissioned project and all files created must be deleted after completion of the project.
10.3 The transfer of these files to third parties requires written authorisation from HiFive Productions GmbH.
10.4 These files are only intended for the planned location and the specified date of execution. Reuse or utilisation at other locations or at other times is only permitted after prior revision and express approval by HiFive Productions GmbH.
As part of the activities of HiFive Productions, it may be necessary for work machines to be moved on the production site or in the factory premises by employees or subcontractors of HiFive Productions. By accepting these General Terms and Conditions, the client issues a lump-sum transport order for all work machines used as part of HiFive Productions' services. HiFive Productions undertakes to provide, on request, appropriate qualification certificates for its employees or subcontractors who have the required driving qualifications.
No other contractual conditions are recognised unless they have been expressly accepted in writing by HiFive Productions GmbH. Contractual conditions that have not been approved in writing by HiFive Productions are not valid and cannot replace the agreements made.
In the event of force majeure, HiFive Productions is entitled to suspend the fulfilment of the contract or to withdraw from the contract without being obliged to pay compensation. Force majeure includes all circumstances that make fulfilment of the contract unreasonable for HiFive Productions, such as natural disasters, war, strikes or official orders.
Payments are to be made without deductions within 14 days of the invoice date. If the client is in default of payment, default interest shall be due in accordance with § 288 BGB. In addition, the client shall bear all costs arising from dunning procedures or legal action to collect payment.
HiFive Productions undertakes to comply with the applicable data protection regulations. The current privacy policy of HiFive Productions GmbH can be viewed on the HiFive Productions website.
Once the contract has been signed, cancellation is only possible under the following conditions:
The place of jurisdiction for all disputes arising from or in connection with these terms and conditions or the underlying contract is Augsburg. The contracting parties undertake to conduct arbitration proceedings before recourse to a court.
HiFive Productions reserves the right to amend these General Terms and Conditions at any time. Amendments shall enter into force upon notification to the client and shall apply to all contracts concluded after the date of amendment.
Amendments or additions to this agreement must be made in writing. This also applies to the amendment of this written form clause.
Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed to have been agreed, the effects of which come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
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