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This English version is a convenience translation. Only the German version of these General Terms and Conditions is legally binding.

General Terms and Conditions of CS Congress Service GmbH

Rental · Sale of goods · Installation and system integration of media technology

Version: 26 September 2026

Download the legally binding German version as PDF (PDF, approx. 150 KB)

Part A – Provisions for all orders

§ 1 Scope and definitions

(1) CS Congress Service GmbH (hereinafter “CS”) provides its services exclusively on the basis of these terms and conditions. They apply to the temporary provision of event and media technology, to the sale of equipment and accessories, to the planning, installation, programming and commissioning of media technology systems, and to all accompanying services, offers and declarations.

(2) Part A applies to every order. Depending on the type of service, Part B (rental), Part C (sale of goods) and Part D (installation and system integration) apply in addition. If an order comprises several types of service, each service is governed by the part applicable to it.

(3) Anyone who concludes a contract with CS is referred to below as the “Customer”. “Business customers” are customers who act in the exercise of their trade, business or profession when concluding the contract (Section 14 German Civil Code, BGB), as well as legal entities under public law and special funds under public law. “Consumers” are natural persons who conclude the contract predominantly for private purposes (Section 13 BGB). Where a provision is expressly limited to business customers, it does not apply to consumers.

(4) The Customer’s terms and conditions do not apply. This also holds where CS does not object to them, performs in knowledge of such terms, or refers to correspondence from the Customer that contains such terms. Otherwise applies only if CS expressly agrees to their application in text form. Individual agreements always take precedence over these terms.

(5) With business customers, the current version of these terms also applies to follow-up orders without any need for a renewed reference.

(6) Where these terms require “text form”, an e-mail suffices.

§ 2 Conclusion of contract, description of services, planning documents

(1) Offers by CS are non-binding unless they are expressly designated as binding or contain an acceptance period. The contract comes into existence with CS’s order confirmation in text form or, if CS begins performance without a confirmation, upon commencement of performance.

(2) Non-binding reservations (“options”) do not establish any claim to provision. If another customer makes a binding enquiry for the reserved equipment or dates, CS may request the option holder to decide; if the option holder does not confirm in text form within 24 hours, the option lapses.

(3) Technical data, illustrations and type designations in offers and order confirmations describe the service but do not constitute a guarantee of quality. CS may replace equipment with models that fulfil the intended purpose at least equivalently, provided this is reasonable for the Customer.

(4) Concepts, room and signal plans, visualisations, parts lists, specifications and other planning documents created by CS before or upon conclusion of the contract remain the intellectual property of CS. The Customer may use them only to assess the offer and to carry out the order with CS. Any disclosure to third parties – in particular to competitors or for the purpose of obtaining comparative offers –, any reproduction and any editing require the prior consent of CS. If no order is placed, the Customer must return the documents on request and delete electronic copies.

(5) CS may use subcontractors and freelancers to fulfil its obligations; it remains responsible to the Customer for the service.

§ 3 Prices, due dates, security

(1) For business customers, the prices stated are exclusive of statutory VAT; consumers are quoted total prices including VAT. Unless the offer expressly includes them, the price does not cover: transport and packaging, insurance, personnel for set-up, dismantling or operation, travel time, travel, accommodation and subsistence costs, and parking and access fees.

(2) In the absence of a price agreement, CS charges the prices, hourly rates and surcharges of its price list valid on the first day of performance, or alternatively the rates it customarily charges.

(3) Invoice amounts are due without deduction upon receipt of the invoice unless a payment term has been agreed. CS transmits invoices electronically. In the event of default, the Customer owes interest at the statutory rate; further damages caused by default remain unaffected. If payment by instalments has been agreed with a business customer and the customer falls more than ten days behind with an instalment, the entire outstanding amount becomes due immediately.

(4) CS may require an appropriate rental deposit, advance payment or other security before commencing performance.

(5) The Customer may only set off against claims of CS with counterclaims that CS has acknowledged, that are undisputed or that have been finally adjudicated. Business customers may withhold payments only on account of claims arising from the same order. Statutory rights of consumers, in particular in respect of defects, are not restricted hereby.

(6) If the Customer is in default of payment or if, after conclusion of the contract, there are concrete indications that the Customer is unable to pay, CS may suspend outstanding services under all current orders with this Customer until settlement, revoke payment terms granted, and require advance payment or security for further services.

§ 4 Impediments beyond the control of CS

(1) If CS is unable to perform, or to perform on time, because of events for which it is not responsible, its obligation to perform is suspended for as long as the impediment persists and to the extent of its effects. Such events include in particular natural events, epidemics and pandemics, war and civil unrest, industrial action, official measures and event bans, energy and raw material shortages, cyberattacks, serious traffic or operational disruptions, and delivery and production failures at manufacturers and upstream suppliers. Agreed dates are postponed by the duration of the impediment plus a reasonable start-up period.

(2) If the service is tied to a fixed event date that cannot be met because of such an event, or if in other cases the impediment lasts longer than four weeks, either party may terminate the contract in whole or in respect of the affected part by withdrawal. Services rendered up to that point and demonstrably incurred third-party costs that can no longer be avoided are remunerated. No claims for damages arise for either party.

§ 5 Liability of CS

(1) CS is liable without limitation

  • in cases of intent;
  • in cases of gross negligence on the part of its legal representatives and executive employees and – towards consumers – also of its other vicarious agents;
  • for damage resulting from injury to life, body or health;
  • in cases of fraudulent concealment of a defect and to the extent of an expressly assumed guarantee;
  • under the German Product Liability Act and other mandatory statutory liability provisions.

(2) If damage suffered by a business customer is due to gross negligence of ordinary vicarious agents, CS is liable only for the damage that was typically foreseeable at the time of conclusion of the contract.

(3) In cases of simple negligence, CS is liable only if it has breached a material contractual obligation. Material obligations are those whose fulfilment is essential to achieving the purpose of the contract and on whose fulfilment the Customer may therefore regularly rely. Even then, liability is limited to the foreseeable damage typical of the contract at the time of conclusion of the contract.

(4) Towards business customers, liability in the cases of paragraphs 2 and 3 is additionally capped per loss event as follows:

  • for property damage and consequential financial loss arising from it: EUR 2,500,000.00;
  • for damage to equipment, data carriers and other items of the Customer taken into the custody of CS (such as customer-provided equipment or stored goods): EUR 100,000.00;
  • for other financial loss – in particular due to the failure, interruption or impairment of an event or transmission, additional costs, loss of production and loss of profit: the net order value of the affected order, but at least EUR 10,000.00 and at most EUR 250,000.00.

(5) CS’s liability for defects that already exist at the time of conclusion of a rental contract without fault on the part of CS (Section 536a (1) alt. 1 BGB) is excluded.

(6) The Customer shares responsibility for avoiding and mitigating damage. In particular, the Customer must back up its own data, presentations and playback material before handing them to CS and before work on its systems, and must inform CS in good time if it wishes redundancy, spare equipment or standby personnel for events with a particular risk of failure. For loss of data, CS is liable only to the extent that the loss would have occurred had the Customer backed up its data properly. CS recommends that organisers take out event cancellation insurance.

(7) Third-party platforms and services – such as streaming and video conferencing services, cloud applications, mobile or internet connections at the venue – are outside the sphere of influence of CS. CS does not vouch for their availability, performance or the content transmitted via them unless CS itself has culpably caused a disruption.

(8) Business customers must notify CS in text form of any damage for which they hold CS responsible without undue delay and at the latest within 14 days of becoming aware of it. Additional damage caused by late notification is borne by the Customer.

(9) Claims for damages by business customers against CS become time-barred one year from the statutory commencement of the limitation period. This does not apply in the cases of paragraph 1, nor where the law mandatorily provides a longer period for buildings or building materials.

(10) Where the liability of CS is excluded or limited, this also applies to the personal liability of its corporate bodies, employees, freelancers, subcontractors and other vicarious agents.

(11) The above provisions do not entail a reversal of the burden of proof.

§ 6 Software, licences, data protection, recordings, references

(1) Where CS provides or sets up third-party software or firmware, its use is governed by the manufacturer’s licence terms, which CS provides on request. If the Customer breaches these terms, it indemnifies CS against the resulting claims of the manufacturer.

(2) CS processes personal data in accordance with its privacy policy. Where CS processes personal data on behalf of the Customer, for example for recordings, transmissions, participant management or voting systems, the parties conclude a data processing agreement at the request of either of them.

(3) The Customer is responsible for ensuring that the necessary consents of the persons recorded as well as copyrights and related rights (e.g. GEMA registrations) are in place for audio and video recordings, transmissions and playback. The Customer indemnifies CS against third-party claims based on the absence of such rights.

(4) CS may name the Customer and the project in reference lists and use photographs of the technology it supplied or the system it installed for its own advertising purposes, provided no persons are identifiable and the Customer does not object in text form. CS does not name projects marked as confidential.

Part B – Rental

§ 7 Rental period and dates

(1) Charges are calculated per day or as weekly flat rates. Each calendar day commenced is charged as a full rental day; the minimum rental period is one day.

(2) The rental period begins on the agreed first rental day or, in the absence of such an agreement, on the day the equipment leaves CS’s warehouse. It ends on the day all equipment has arrived back at CS in full or – where collection has been agreed – has been taken over by CS at the site.

(3) Only dates confirmed by CS in text form are binding. If the Customer changes the scope or schedule of the order after confirmation, CS can maintain confirmed dates only within the limits of its possibilities.

(4) CS has fulfilled its obligation to provide if the equipment is ready for collection at the agreed time or – where delivery has been agreed – arrives at the site on time.

§ 8 Cancellation by the Customer

(1) If the Customer withdraws from the rental contract before the start of the rental without CS being responsible, the Customer owes compensation in lieu of the rent. It amounts to the following percentage of the net order value:

  • cancellation received at least 30 days before the first rental day: 30 %,
  • received 29 to 14 days before the first rental day: 40 %,
  • received 13 to 8 days before the first rental day: 50 %,
  • received from the 7th day before the first rental day, or if the equipment is not accepted: 100 %.

(2) The Customer may prove that CS suffered no loss or a substantially lower loss. CS may prove a higher loss. Towards consumers, the compensation amounts to at most 80 % of the order value.

(3) Costs that CS has already incurred on a binding basis with third parties for the order – such as sub-hires, contracted external personnel, vehicles or frequency applications – and that can no longer be cancelled free of charge are borne by the Customer in addition, insofar as they are not already covered by the compensation under paragraph 1.

(4) The relevant point in time for the deadlines is receipt of the cancellation in text form by CS.

§ 9 Handover, transport and risk

(1) If a business customer collects the equipment or has it collected by a carrier commissioned by it, the business customer bears the risk of accidental loss, disappearance and accidental damage to the equipment, including outbound and return transport, from the moment the equipment leaves CS’s warehouse until it has arrived back at CS in full. If CS dispatches the equipment at the business customer’s request via a forwarder or parcel service, this risk passes to the business customer upon handover to the carrier.

(2) If CS delivers the equipment with its own vehicles, the business customer bears the risk from unloading at the site until reloading for the return transport. If CS also carries out set-up and dismantling or operation, the business customer bears the risk for all periods during which the equipment is at the site without CS personnel being present – in particular at night, on rest days and during the event where no operation by CS has been booked. This also applies to partial deliveries.

(3) If the Customer fails to accept the equipment on time or if delivery is delayed for reasons for which the Customer is responsible, the Customer bears the risk from notification of readiness for collection or delivery.

(4) Consumers do not bear the risk of accidental loss; they are liable for loss and damage only to the extent that they are responsible for it.

(5) Externally visible transport damage, including damage to packaging or flight cases, must be reported to the carrier upon delivery and noted on the consignment note or delivery note. Transport damage discovered later must be reported by the Customer to the carrier within the carrier’s deadlines and to CS without undue delay.

§ 10 Handling of the rental equipment

(1) The Customer uses the equipment only for its intended purpose, in accordance with the operating and safety instructions and only through sufficiently qualified persons. The Customer protects the equipment against loss, theft, moisture, heat, dust and mechanical damage.

(2) Modifications, attempted repairs, opening of housings, removal of inventory or ownership labels, and changes to firmware, presets or programming are not permitted unless CS has consented.

(3) The equipment remains in the direct possession of the Customer and is used only at the agreed site. Sub-letting or handing over to third parties requires the prior consent of CS in text form.

(4) By arrangement, CS may inspect the equipment at the site during the rental period.

(5) The Customer notifies CS without undue delay of any seizure, confiscation, theft, loss or other third-party access, enclosing any available documents; in the event of theft, the Customer also reports it to the police immediately. The Customer draws the attention of third parties to CS’s ownership and bears the costs necessary to ward off such access insofar as they cannot be recovered from the third party.

(6) If third-party claims are asserted against CS that are based on a use of the equipment for which the Customer is responsible, the Customer indemnifies CS against them, including reasonable costs of legal defence.

§ 11 Organiser’s obligations and operating conditions at the site

(1) As organiser, the Customer is responsible for staging the event. The Customer obtains all necessary permits and ensures compliance with the German Places of Assembly Ordinance (Versammlungsstättenverordnung) and the venue’s requirements, any required safety concept, escape and rescue routes, supervision of the audience, and acceptance of structures by the operator or authority where prescribed.

(2) Wireless microphones, in-ear systems, intercom and radio equipment may only be operated in accordance with the applicable frequency regulations of the German Federal Network Agency (Bundesnetzagentur). Frequency assignments outside the generally assigned ranges are applied for by the Customer unless the Customer has commissioned CS to do so.

(3) Sound reinforcement systems can reach sound pressure levels that damage hearing. The organiser is responsible for ensuring compliance with the requirements of DIN 15905-5 and any official noise protection requirements, in particular through level monitoring, documentation and informing the audience. Advice on limit values and noise protection is part of CS’s scope only if expressly commissioned.

(4) At trade fairs, in publicly accessible areas and during multi-day set-ups, the Customer ensures that the equipment is secured against theft outside operating hours and in particular at night, for example by lockable rooms or security guards. Where CS carries out dismantling or collection, the Customer remains responsible for the equipment until the CS team arrives; as arrival may be delayed, especially at the end of trade fairs, the Customer must be reachable by telephone for the team.

(5) The Customer ensures that the power supply, fusing and earthing at the site are suitable for the equipment and that rigging and mounting points provided by the Customer have sufficient load-bearing capacity and – where required – have been inspected and approved. The Customer provides CS with information on permissible loads before set-up.

§ 12 Damage waiver and insurance of the rental equipment

(1) The Customer may book a damage waiver for damage to the rental equipment for the rental period. It applies only if it is shown as a separate item in the order confirmation; its price is charged to the Customer.

(2) If the damage waiver has been booked, CS waives compensation for damage to the rental equipment insofar as it exceeds, per item and loss event, an excess of 5 % of the replacement value, but at least EUR 500.00 and at most EUR 2,500.00.

(3) The damage waiver does not apply to damage caused intentionally or by gross negligence by the Customer or persons it uses, to damage caused by operating errors or disregard of the operating instructions, or to theft, embezzlement or other loss. In these cases, § 15 applies.

(4) The Customer assigns to CS, already upon conclusion of the contract, any claims to insurance benefits to which it is entitled on account of loss of or damage to the rental equipment; CS accepts the assignment.

(5) If a business customer does not book the damage waiver, it is incumbent on the business customer to insure the equipment itself for the rental period at replacement value against loss, theft and damage; on request, it provides evidence of the insurance cover before the start of the rental.

§ 13 Assignments with CS personnel

(1) Calculated times for delivery, set-up and dismantling are based on normal conditions at the site. They are estimates unless a fixed price has been agreed.

(2) The Customer ensures that the CS team can work without delay. This includes in particular passable access routes and loading zones, lifts, clear set-up areas, suitable and fused power connections, and the necessary approvals of the venue. Waiting times and additional work resulting from circumstances within the sphere of responsibility of the Customer or the venue are charged by CS on a time-and-materials basis.

(3) CS personnel remain integrated in CS’s organisation and are subject exclusively to CS’s instructions. The Customer coordinates procedures and results with the CS technician in charge but does not issue employment-related instructions to the personnel; no supply of temporary workers takes place. The Customer plans assignments so that the statutory working and rest times of the personnel can be observed.

(4) Unless otherwise agreed, a daily rate for personnel covers a deployment of up to ten hours including breaks. Time beyond that as well as night, Sunday and public holiday work is charged by CS with the agreed surcharges or, failing that, the surcharges shown in its price list.

(5) The Customer or a person designated by it countersigns the CS team’s arrival, completion and end of dismantling on the work record. If the signature is refused or no one is on site, the times documented by CS apply until the Customer proves otherwise.

(6) If it becomes apparent during set-up that the booked technology does not achieve the desired result because of spatial, acoustic or lighting conditions that were not previously known or apparent to CS, CS proposes an addition or replacement. With the Customer’s consent, this is implemented at the Customer’s expense.

§ 14 Defects in the rental equipment

(1) CS hands over the equipment in operational condition.

(2) Where CS does not carry out the set-up, the Customer checks the equipment for completeness and function immediately upon receipt. The Customer reports any defects found without undue delay, if possible on the same day and in any event before the start of use, by telephone and additionally in text form.

(3) In the event of a defect, CS decides whether to repair the equipment or to provide equivalent replacement equipment. The Customer supports CS in this to the extent reasonable.

(4) CS is not responsible for malfunctions arising after handover from improper use, overloading, unsuitable accessories or consumables, third-party interference, moisture, power surges or other external influences.

§ 15 Return, delay and damage

(1) The Customer returns the equipment at the agreed time, complete, with all accessories, in clean condition and in the original transport cases.

(2) For each day of delay commenced, the Customer pays the full daily rent according to the order or, failing that, according to CS’s then current price list. In addition, CS may claim further damages, in particular if a subsequent rental cannot be served; the Customer may prove a lower loss.

(3) The Customer compensates damage to and loss of the equipment occurring between handover and return insofar as the Customer is responsible for it or the risk lies with the Customer under § 9 and no damage waiver under § 12 applies. Compensation covers the cost of repair or, if repair is impossible or economically unreasonable, the replacement value.

(4) For the period during which damaged or lost equipment cannot be rented out, the Customer pays compensation for loss of use in the amount of the daily rent until repair or replacement, limited to 30 days. The Customer may prove that CS suffered no or only a lower loss of use.

(5) Missing accessories, exceptional soiling and the effort of removing adhesive tape or labels are charged by CS on a time-and-materials basis.

Part C – Sale of goods

§ 16 Delivery and ownership

(1) Delivery dates are binding if CS expressly designates them as such. Where CS has contracted with a business customer and has itself concluded a matching covering transaction, its obligation to deliver is subject to CS being supplied correctly and on time by its supplier; if supply fails through no fault of CS, CS informs the Customer immediately, may withdraw from the contract and refunds any payments already made.

(2) Where CS sells to a business customer, the goods travel at the business customer’s expense and risk; the risk passes upon handover to the carrier. Towards consumers, the risk passes only upon handover of the goods to them.

(3) The goods remain the property of CS until paid for in full. Towards business customers, the retention of title continues until all claims of CS arising from the business relationship have been settled. Business customers may resell the goods in the ordinary course of business and hereby assign to CS the resulting purchase price claims up to the amount of CS’s invoice.

(4) If the Customer does not call off the goods on the confirmed date, CS stores them at the Customer’s expense and risk and may withdraw from the contract after a reasonable grace period has expired without result. If CS withdraws from a contract with a business customer for this reason, or if the business customer finally refuses acceptance, CS may claim, in addition to the storage costs, liquidated damages of 25 % of the net purchase price. Either party may prove a different actual loss.

§ 17 Defects in purchased goods

(1) Business customers inspect the goods without undue delay after receipt and notify defects in text form; obvious defects within five working days of receipt, defects discovered later without undue delay after discovery (Section 377 German Commercial Code, HGB). If notification is not made in time, the goods are deemed approved.

(2) In the event of defects, CS, at its option, delivers a replacement or remedies the defect. If subsequent performance fails, the Customer is entitled to a price reduction or withdrawal in accordance with the law. § 5 applies to damages.

(3) Towards business customers, claims for defects in new goods become time-barred one year after delivery. For used goods, claims for defects by business customers are excluded. Neither applies in the cases of § 5 (1), to recourse claims under Sections 445a, 478 BGB, or where the goods have been used for a building and have caused its defectiveness.

(4) Consumers are entitled to the statutory rights in respect of defects. For used goods, the limitation period towards consumers may be shortened to one year if this is separately agreed before conclusion of the contract.

(5) Manufacturers’ guarantees apply in accordance with their terms and in addition to statutory rights.

Part D – Installation and system integration

§ 18 Subject matter

(1) Part D applies to orders in which CS plans, supplies, mounts, cables, programs, calibrates and commissions media technology systems. This covers systems of all kinds, in particular displays, projection and LED walls, conference, interpreting and tour guide systems, sound reinforcement and audio technology including signal processors and audio networks, camera, recording and streaming technology, video conferencing rooms, media and room control systems, signal distribution and transmission, as well as mounts, substructures and the associated network technology (together the “System”). These orders are contracts for work and services. For equipment supplied by CS in this context, Part C applies in addition unless Part D contains a special provision.

(2) What CS owes follows from the order confirmation, offer or specification and the plans approved by the Customer. The German Construction Contract Procedures (VOB/B) become part of the contract only if the parties expressly agree so.

§ 19 Services not owed by CS

(1) Unless expressly commissioned, the following services are not part of CS’s order and must be provided by the Customer in good time and in a professional manner:

  • structural preparatory work such as conduits, cable ducts and routes, flush-mounted boxes, wall and ceiling openings and their closure, inspection openings;
  • fire protection measures and fire stopping;
  • electrical installation including supply lines, sockets, sub-distribution boards and their testing;
  • passive and active network infrastructure of the building;
  • structural calculations and verifications for mounting substrates;
  • scaffolding, aerial work platforms, lifting gear and special machinery;
  • painting, drywall and joinery work as well as adaptations to furniture;
  • investigation of hazardous substances and disposal of old systems.

(2) The programming of control systems, user interfaces and signal processors covers the functional scope defined in the offer or operating concept. Requests expressed by the Customer after approval of the operating concept or after acceptance are charged separately.

§ 20 Planning basis and cooperation of the Customer

(1) CS plans on the basis of the information provided by the Customer, in particular on room dimensions, wall and ceiling construction, load-bearing capacity, concealed lines, power supply, network and intended use. The Customer vouches for the accuracy and completeness of this information. CS owes load-bearing tests, structural verifications and room acoustic calculations only if expressly commissioned.

(2) The Customer creates, on the agreed dates and at its own expense, the conditions for swift execution. These include in particular:

  • access to all work areas during the agreed times and cleared work surfaces;
  • completed preparatory work and preceding trades in accordance with § 19;
  • construction power, lighting and sanitary facilities;
  • plans or information on concealed power, gas, water and data lines and approval of drilling points;
  • the network configuration by its IT department: connections, IP addresses, VLANs, multicast and QoS settings, firewall clearances, internet access, and user accounts and licences for conferencing platforms;
  • a lockable storage room for material and tools;
  • a reachable contact person with decision-making authority and coordination with other trades, building management and users.

(3) If the Customer fails to fulfil these cooperation obligations or fulfils them late, the execution periods are extended accordingly. Additional expenditure, for example for waiting times, additional journeys, re-planning or interim storage, is remunerated by the Customer at CS’s rates. Further statutory claims, in particular under Section 642 BGB, remain unaffected.

(4) CS mounts equipment in accordance with the manufacturer’s specifications and on the basis of the substrate conditions known to it. If CS encounters different conditions on site – such as substrates that are not load-bearing, cavities, reinforcement or lines –, it informs the Customer and agrees the necessary adjustment and its remuneration with the Customer. CS is not liable for damage to concealed lines that were not shown, or shown incorrectly, in the documents supplied by the Customer and were not apparent to CS.

§ 21 Changes and additional services

(1) Changes and additional services are agreed in text form. Without a separate supplementary offer, they are remunerated at CS’s prices and hourly rates. The statutory rules on the right to issue instructions in construction contracts (Sections 650b, 650c BGB) apply in addition.

(2) Services on a time-and-materials basis are documented by CS in work records, which the Customer countersigns promptly; § 13 (5) sentence 2 applies accordingly.

(3) CS’s regular working hours are Monday to Friday between 7:00 and 18:00. Work outside these hours, at weekends and on public holidays in Bavaria that is requested by the Customer is charged by CS with the agreed surcharges or, failing that, the surcharges shown in its price list.

§ 22 Dates

(1) Execution dates are binding only if expressly agreed as binding. They do not begin to run until the information and approvals to be provided by the Customer are available, agreed advance payments have been received, and the preparatory work under § 19 has been completed.

(2) If the manufacturer’s delivery of components is delayed for reasons for which CS is not responsible, the dates are extended appropriately; § 4 applies accordingly. If obstructions become apparent, CS informs the Customer without undue delay.

§ 23 Payments

(1) Towards business customers, unless otherwise agreed, CS invoices as follows:

  • 30 % of the order sum upon order confirmation;
  • 60 % upon delivery of the equipment to the site or, if delivery is delayed for reasons for which the Customer is responsible, upon notification of readiness for delivery;
  • the balance after acceptance.

(2) Equipment and materials that CS procures, assembles or has manufactured specifically for the Customer – such as special mounts, assembled cables or LED modules – may be invoiced separately by CS upon ordering.

(3) Towards consumers, CS may demand instalment payments in accordance with Section 632a BGB; in the case of a consumer construction contract, the limits of Section 650m BGB apply in addition.

§ 24 Acceptance

(1) When the System is completed, CS notifies the Customer accordingly. The parties carry out a joint functional test and record the result, any defects found and outstanding remaining work in an acceptance report.

(2) Minor defects do not entitle the Customer to refuse acceptance; CS remedies them within a reasonable period.

(3) Functionally self-contained parts of the System, such as individual rooms or subsystems, are accepted separately by the Customer at CS’s request.

(4) If CS sets the Customer a reasonable deadline for acceptance after completion and the Customer does not refuse acceptance within that deadline stating at least one defect, the System is deemed accepted (Section 640 (2) BGB). Towards consumers, this applies only if CS has informed them of this consequence in text form together with the request for acceptance.

(5) If a business customer puts the System or a self-contained part into use without notifying material defects in text form within six working days of the start of use, the System or the part is likewise deemed accepted.

§ 25 Risk and ownership in installation orders

(1) Until acceptance, the allocation of risk is governed by law. The Customer must protect material and equipment that CS has delivered and stored on the Customer’s premises or already mounted against theft, damage and unauthorised access with the care of a prudent businessperson. If the Customer breaches this obligation, it is liable for the resulting losses and damage.

(2) Equipment supplied remains the property of CS until paid for in full, unless it has become an essential component of the building; § 16 (3) applies accordingly. If CS withdraws from the contract because of default of payment, it may dismantle and collect this equipment at the Customer’s expense; the Customer grants CS access for this purpose.

§ 26 Claims for defects in installation orders

(1) In the event of defects, CS, at its option, remedies the defect or produces the work or the affected part anew. If subsequent performance fails, the Customer is entitled to the statutory rights. § 5 applies to damages.

(2) Claims for defects by business customers become time-barred one year after acceptance. For work on a building (Section 634a (1) no. 2 BGB) and in the cases of § 5 (1), the statutory periods apply. The statutory periods always apply to consumers.

(3) CS is not responsible for malfunctions attributable to

  • wear parts and consumables such as lamps, rechargeable batteries, batteries and filters;
  • operating errors, lack of maintenance or disregard of operating instructions;
  • interventions, modifications or repairs by the Customer or third parties, including to configuration and programming;
  • firmware, software or operating system updates installed without CS’s approval;
  • subsequent changes to the network, IT security settings, power supply or structural environment;
  • equipment, software, licences or preparatory work provided by the Customer or other trades.

(4) If a reported malfunction turns out to be a circumstance for which CS is not responsible or turns out not to exist, CS may charge its expenditure at its rates if the Customer could have recognised this with reasonable examination.

§ 27 Programming, software, documentation

(1) Upon full payment, the Customer receives a simple, perpetual right to use the programming, configurations and user interfaces created by CS for the respective System. CS hands over open project files and source code only if this has been agreed; the handover may be remunerated separately.

(2) Firmware and software updates, adaptation to new versions of third-party systems (such as conferencing platforms or operating systems) and extensions of the functional scope are not part of the installation order; they may be agreed within a service contract.

(3) The Customer is responsible for the IT security of its network – access data, firewall, segmentation and protection against unauthorised access. CS hands over the access data it has created at acceptance; the Customer changes default passwords without undue delay. Remote access by CS to the System takes place only with the Customer’s approval.

(4) Before work on its IT systems, the Customer fully backs up its data; otherwise § 5 (6) applies.

(5) CS owes instruction and documentation, such as operating manuals, connection and cabling plans or as-built documents, to the agreed extent. CS charges further training separately.

§ 28 Termination by the Customer

(1) If the Customer terminates the contract before completion without CS having given cause, CS retains the claim to the agreed remuneration; however, it must allow to be credited what it saves in expenses as a result of the termination (Section 648 BGB). By law it is presumed that CS is entitled to 5 % of the remuneration for the part of the work not yet performed; either party may prove a different amount.

(2) Equipment and materials ordered that cannot be cancelled, or only against costs, are invoiced by CS in any event and handed over to the Customer after payment.

§ 29 Service and maintenance

CS provides maintenance, fault clearance outside claims for defects, on-call service and remote maintenance on the basis of a separate service contract or, in individual cases, on a time-and-materials basis.

Part E – Final provisions

§ 30 Information for consumers

(1) If consumers conclude the contract exclusively by means of distance communication or away from CS’s business premises, they may have a statutory right of withdrawal. CS provides separate information on this.

(2) CS is not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 31 Governing law, place of performance, jurisdiction, severability

(1) German law applies to all contracts; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Consumers retain the protection of mandatory provisions of the state in which they have their habitual residence.

(2) The place of performance is CS’s registered office; for installation orders, the place of performance is the location of the System.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the courts at CS’s registered office have exclusive jurisdiction for all disputes arising from the business relationship. CS may also sue the Customer at the Customer’s general place of jurisdiction.

(4) Should any provision of these terms be wholly or partly invalid, the validity of the remaining provisions is not affected. The statutory provision applies in place of the invalid provision.

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