General Terms and Conditions
AGB as PDF
I.Content of the contract
The Contractor’s offer and the following terms and conditions shall apply to all deliveries and services provided by the Contractor. Deviations from contractual conditions must be made in writing.
II Offer and design documents
The Contractor’s offer shall be prepared in accordance with the information provided by the Customer and the documents made available by the Customer and the respective exhibition management. The Contractor shall not be liable for the accuracy of these documents.
Drafts, production and assembly documents etc. shall remain the property of the Contractor. Changes to plans, drafts, etc. may only be made in consultation with the Contractor
These documents may not be reproduced or made accessible to third parties without the Contractor’s consent. They must be returned to the contractor immediately if the order is not placed.
In the event that the Customer reproduces the Contractor’s documents or makes them accessible to third parties without the Contractor’s consent, the Contractor shall be entitled to claim damages in the amount of 40% of the order value.
III Prices and terms of payment
Unless expressly stated in the offer, the statutory value added tax as well as packaging, freight, postage and insurance shall be added to the prices quoted.
Third-party services (e.g. electricity and water connections, suspensions, etc.) requested by the Contractor on behalf of and for the account of the Customer, as well as any fees incurred, are not included in the scope of services. The costs incurred for this are to be paid by the customer directly to the third party providing the service.
Unless otherwise agreed, one third of the order amount is due when the order is placed, a further third two days before the stand is handed over and a final third after the final invoice has been issued.
In the event of default in payment, the Contractor may claim minimum damages for default in the amount of 4% above the respective discount rate of the Deutsche Bundesbank.
The customer may only declare a set-off with undisputed or legally enforceable claims.
If the start or completion of the work is delayed for reasons for which the contractor is not responsible, the contractor shall be entitled to charge separately for the additional expenses incurred as a result of the delay. This applies in particular if the trade fair organizer cannot guarantee a specified set-up time of 3 days, for example because the required exhibition space was not cleared in time.
The Customer shall be entitled to use or exploit the Contractor’s planning and design services once. If the Customer uses an exhibition stand designed by the Contractor several times and if the Contractor is not commissioned with the assembly and dismantling, the Contractor shall only transfer further rights of use in return for further remuneration. This shall be agreed separately in each case.
IV. Delivery time and assembly
If the customer requests significant changes to the execution after conclusion of the contract, agreed delivery dates shall lose their binding force. The same shall apply if the customer fails to provide the necessary cooperation in due time or fails to make agreed payments on account in due time. In the latter case, the delivery time shall be extended in accordance with the customer’s delay
If the Contractor is prevented from meeting the agreed delivery date due to circumstances for which it is not responsible (e.g. disruption in production, strike and lockout both in its own company and in the company of a supplier) and in cases of force majeure, both contracting parties shall be entitled to withdraw from the contract. Claims for damages are excluded.
V. Assignment
The Customer may only transfer its rights arising from this contractual relationship with the consent of the Contractor.
VI Transfer of risk
Both the price risk and the risk of loss of the work shall pass to the Customer if the Contractor hands over the item to the forwarding agent, the
carrier or the person otherwise designated to carry out the shipment.
If the goods ready for dispatch cannot be delivered for reasons for which the customer is responsible, the risk shall pass to the customer on the day on which the goods are ready for dispatch.
VII Acceptance/takeover
Acceptance shall generally take place 10 hours before the start of the trade fair. If the customer or a person authorized by him does not appear on the acceptance date, the service shall be deemed to have been accepted. The same shall apply if the customer uses the service in whole or in part.
Acceptance can only be refused due to significant defects.
In the event that the customer does not fulfill his contractual obligations and the contractor demands compensation for non-fulfillment, the contractor may demand 40% of the order amount as damages, or 60% in the case of rental. The Customer shall be entitled to prove that a lower loss has been incurred. The Contractor reserves the right to claim higher proven damages.
VIII. Warranty and compensation
Incomplete or incorrect delivery as well as obvious defects must be reported to the contractor immediately after handover of the stand.
As a matter of principle, the Customer may only demand rectification of defects under warranty. The Contractor reserves the right to make a replacement delivery. If it is intended that the customer shall purchase the exhibition stand, the customer may, in the event of failure of the repair or replacement delivery, demand either a reduction in payment (abatement) or rescission of the contract (rescission).
If the goods lack a warranted characteristic or if the Customer suffers damage as a result of a defect caused by the Contractor or its vicarious agents or assistants intentionally or through gross negligence, the Customer may demand compensation for this. Any further liability is excluded unless it is covered by insurance or the Contractor receives compensation from one of its suppliers. This aforementioned exclusion of liability shall not apply in the event of a negligent breach of a material contractual obligation. In the event of such a breach of duty, the Contractor’s liability shall be limited to the foreseeable damage.
Without assuming any liability, the Contractor shall choose the mode of shipment at its best discretion, unless clear instructions have been given by the Customer.
Additional costs for special shipping methods (express delivery, registered mail, cab) will be invoiced.
The contractor assumes no liability for delivery by third parties.
IX. Insurance
The Contractor shall only take out insurance of any kind at the express request and for the account of the Customer.
X. Retention of title
If the purchase of the Contractor’s services by the Customer is intended, all delivery items shall remain the property of the Contractor until the Customer has settled all liabilities arising from the business relationship in full.
In the event that the customer resells the delivery items, he hereby assigns his claims from the resale to the contractor. The Contractor accepts this assignment.
XI. Place of fulfillment and jurisdiction
The place of performance and jurisdiction is 22885 Barsbüttel.