1. Validity of the conditions
Our deliveries, performances and offers are made exclusively in accordance with these General Terms and Conditions. These, thus, also apply to all future terms and conditions even if they are not specifically agreed upon once again.
The following conditions apply to all our services and deliveries in business transactions with the contracting party, whereby the latter refers particularly to a buyer, customer or lessee. General terms and conditions of the contracting party deviating completely or partly from our general terms and conditions shall only be effective if we have confirmed them in writing. Counter-confirmations of the contracting party are hereby contradicted. In particular, the delivery by us does not constitute consent.
2. Offer and conclusion of contract
Our offers are non-binding and subject to confirmation. Declarations of acceptance and all orders require written confirmation in order to become legally effective. The same applies to supplements, amendments and supplementary agreements.
These confirmations are decisive for the contents of the contract of sale. Verbal declarations made by our representatives or employees require our written confirmation.
Our sales prices are quoted ex-store net of sales tax, freight, shipping packing, insurance etc.. Insofar as not otherwise indicated we are bound by the prices contained in ours offers, for 30 days as of the date of the offer.
The rental prices quoted are for the duration of the exhibition up to a maximum of 14 days and do not include statutory VAT. Rental payment is due before the fair.
The form of shipping packaging will be selected at our professional discretion. The shipping packaging will be calculated at currently valid prices.
Shipping is always conducted for the account of the contracting party. Insofar as not agreed otherwise, we will determine the means of transport and transport route, without being responsible for the selection of the fastest and cheapest possibility.
Special requests of the contracting party (e.g. faster mode of transport, special packaging, commissioning of a specific forwarding agent) will be taken into account wherever possible. The risk is transferred to the contracting party when we hand over the goods to the freight forwarder.
Delivery times are only binding if they have been agreed in writing. Should the delivery not be effected within a period agreed upon in writing and a reasonable extension has not been observed by us, then the contracting party is entitled to withdraw from the contract.
Claims to compensation for damages are - insofar as there is no legally-binding liability - excluded. Should compliance with the delivery time prove to be impossible due to circumstances which are beyond our control, e.g. natural disasters, war, riot, force majeure, power cuts or labour disputes, delayed deliveries from our suppliers, traffic hold-ups, the delivery period shall be automatically extended by a period equal to the duration of these circumstances. Should the impeding circumstances last longer than 4 weeks, each contracting party is entitled to withdraw from the contract.
7. Rental terms
The hired object shall be made available for the agreed purpose and the agreed period of time. The delivery shall be made in good time so that the hired object is available at the beginning of the event. After the event, the hired objects shall be made ready for collection and accessible by the hiring party. The hiring party shall be liable for lost or damaged items, from time of delivery up to the return of rented items, even if the hiring party has already left the stand.
Lost or damaged rental items will be charged at the cost of replacement. Cancellation of pre-ordered and reserved furniture and appliances will only be accepted up to 14 days prior to the event. Full rental price will be invoiced for cancellations subsequent to this deadline. If unforeseeable circumstances require, the rental company reserves the right to supply the hiring party with equivalent or better substitutes in place of the ordered rental items.
Our invoices are payable in the event of an express definition of a date for payment at the latest on this date, otherwise net 14 days after the date of the invoice. Claims which result from services (e.g. cutting, hire, assembly etc.) are due for payment immediately without deductions.
We are entitled to set off payments made by a contracting party against his oldest due debts. If costs and interest have already accrued, we are entitled to set off the payment against the costs, then against the interest and finally against the basic sum. A payment is only then regarded as having been effected when the funds are at our disposal. In the case of cheques the payment is only regarded as having been effected when the cheque is cashed. If the contracting party is in default, then we are entitled to charge, as of the time in question, interest equal to that calculated by the commercial banks for outstanding current account credits, however, at least 5% above the respective base interest rate of the Deutsche Bundesbank. The actual calculation of the damage due to default is reserved. The actual proof of less damage due to default remains possible for the contracting party.
In the event of non-payment of cheques or bills, in the event of insolvency, or if circumstances should become known which call the creditworthiness of the contracting party into question, as well as in the event of the opening of insolvency proceedings all our claims – also in the event of a deferment – shall become due for payment immediately.
Furthermore, such circumstances entitle us to despatch outstanding shipments by cash on delivery or to demand payment in advance or the provision of a security. In the event of further delay in payment, we are entitled to withdraw from the contract or to demand compensation on grounds of non-payment. The contracting party can only offset such claims which are undisputed or finally established.
We reserve the right to process orders with a value of less than 50 Euro as well as orders from customers unknown to us by cash on delivery. Payments only be made to us or to persons expressly authorized in writing, or legitimized through power of collection.
The contracting party must check whether the delivered product is of the quality agreed on in the contract and is suitable for the intended purpose. Should this examination not be carried out, not conducted on the specified scale or should recognizable faults not be reported to us immediately, at the latest, however, within 8 days of receipt of the product, the product shall be regarded with respect to such faults, as approved. Faults which are not apparent are regarded as approved if they are not immediately reported to us following their discovery, at the latest, however, 6 months after delivery of the product to the delivery address. Claims must be lodged in writing. Goods complained about may only be returned with our express approval.
In the case of hire, the lessee must examine the hired object carefully for faults when handed over and to notify us about them immediately. Complaints after the end of the trade fair cannot be recognized. Should such notification not be given or only with a delay, to that extent guarantee rights are excluded. We will remedy correctly lodged and justified complaints through discounted prices, improvement, replacement or return of the product against a refund of the purchase price. Further claims of the contracting party, as far as they are legally permitted, are excluded.
Static calculations, which may possibly be required by the organizer or by the exhibition centre operator, are not included in our services and will be invoiced separately on the basis of expenditure.
11. Reservation of ownership
Until the fulfilment of all (also balance) claims, which we have against the contracting party arising from the business connection as well as from a current account relationship, no matter for what legal reason, now or in future, we will be entitled to the following securities which we will release on demand at our discretion, insofar as their value exceeds the claims by more than 20%. The goods remain our property. Processing or alterations are always effected for us as manufacturers, however without obligation. Should the (co-)ownership of the seller expire on grounds of combination with other goods, it is already agreed now that the (co-)ownership of the contracting party in the joint object shall be transferred to us proportional to its value (invoice value). The contracting party shall keep our (co-)owned property safe free of charge. Goods in which we are entitled to (co-)ownership are described as a reserved goods in the following.
The contracting party is entitled to process and to sell the reserved goods in proper business transactions as long as he is not in default. Pledging or transfer as security are inadmissible. The contracting party shall already transfer all claims arising from the resale or any other legal justification (insurance, unlawful action) with respect to the reserved goods in full as a security. We authorize the seller, until revoked, to collect the claims transferred to us on our account in his own name. The seller is also is obliged to this for the duration of the authorization. On demand from us the seller will confirm this assignment in writing, immediately pass on information and submit documents required for the assertion of the rights resulting from the assignment as well as inform the debtors of the assignment in writing.
In the event of access to the reserved goods or the claims transferred to us, we must be notified immediately; the third party must be informed of our rights. The contracting party shall bear the costs and damages. In the event of behaviour of the contracting party contrary to the terms of the contract – in particular, delay in payment - we are entitled to take back the reserved goods at the expense of the contracting party or, if necessary, to require assignment of the claims to surrender of the contracting party against third parties.
12. Data Protection
Your personal data will be processed according to the requirements of the Data Protection Law.
13. Place of jurisdiction and final provisions
Place of jurisdiction for disputes arising from transactions with fully-qualified traders is Fürstenfeldbruck. Should parts of these general terms and conditions be or become invalid, the validity of the other conditions will not be affected.