General Terms and Conditions

 

General Terms and Conditions of DEEG exhibition&more GmbH

§ 1 General

(1) All legal transactions and offers of DEEG exhibition&more GmbH, named in the following as “contractor”, are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.

(2) The validity of the Client’s General Terms and Conditions is excluded. They do not oblige the contractor even if they are not expressly rejected again upon conclusion of the contract.

(3) As a matter of principle, all exhibition stands are provided for hire only, for the duration of an exhibition. Therefore, all parts supplied are expressly only rented, unless the parts are expressly designated as sales parts in the offer and/or an order confirmation.

§ 2 Conclusion of contract

(1) The contract/order is concluded when the principal accepts a binding offer from the contractor. Acceptance presupposes that the principal signs the offer and/or that the Contractor receives a confirmation by e-mail or fax. If an invoice and/or item is handed over, a contract is also concluded.

(2) Illustrations, dimensions, colours and weights in brochures, on websites, offers or on visualisations (e.g. 3-D renderings) are only approximately authoritative. No guarantee is given for their compliance.

(3) All agreements, orders, changes and cancellations must be made in text form to be effective.

§ 3 Prices

(1) Unless otherwise agreed, all prices are subject to the statutory German value added tax applicable at the time.

(2) All prices are rental prices for the respective exhibition period, unless otherwise agreed.

(3) Not included in the price are the stand costs of the respective trade fair company, connection costs, costs for approval procedures (e.g. statics) and fees of all kinds (e.g. costs for hanging points) charged by trade fair companies. This also includes the costs for waste disposal, floor coverings and other residual waste, as well as all consumption costs such as electricity and water costs.

(4) Special work or change requests by the client that are not included in the original order will be charged separately. This also applies to flat-rate orders.

(5) For meetings requested by the client after the order has been placed, travel, board and lodging expenses may be charged at a reasonable rate in addition to the time spent.

§ 4 Delivery time and delay in delivery

(1) Compliance with the delivery and performance obligations by the contractor requires the timely and proper fulfilment of the client’s obligations. This includes, in particular, the timely receipt of all documents and files to be supplied by the principal, the timely clarification and approval of the plans and compliance with the agreed terms of payment.

(2) If these prerequisites are not fulfilled in due time, the delivery period may be delayed and/or additional costs (such as express costs, overtime surcharges or transport costs) may be incurred, which shall be paid by the Client.

(3) If disruptions in business operations occur for which the Contractor or its upstream suppliers or subcontractors are not responsible, in particular cases of force majeure, strike and lockout, which are based on an unforeseeable event for which the Contractor is not responsible and which lead to serious disruptions in operations, the delivery/completion period shall be extended accordingly.

(4) Delays caused by the exhibition company or one of its contractual partners may be charged to the client. The delivery/completion period shall be extended accordingly for the preceding delay.

§ 5 Terms of payment

(1) Unless otherwise agreed in the individual order, payment of 50% of the order sum shall be due upon conclusion of the contract. The remaining 50% of the order sum shall be due for payment 10 days before the start of the trade fair.

(2) Payments shall be made immediately upon receipt of the invoice without deduction.

(3) Offsetting is only permitted with undisputed or legally established claims.

(4) The Client may only assert a right to refuse performance or a right of retention if the counterclaim is based on the same contractual relationship and has been legally established or recognised by the Contractor.

(5) Payments shall be made exclusively to DEEG exhibition&more GmbH.

(6) In the event of late payment by the Client, the Contractor is entitled to charge interest on arrears at a rate of 3% above the standard rate of the German state bank, but at least 9% p.a. per month commenced.

(7) Fees which are omitted due to the payment system shall be borne by the principal.

§ 6 Termination and withdrawal

(1) In the event that the Client terminates the contract prior to completion of the work, the following remuneration shall be due:

  • If notice of termination is given up to 6 weeks before the start of the trade fair: 70 % of the contrac sum
  • If notice of termination is given up to 2 weeks before the start of the trade fair: 80 % of the contract sum

  • If notice of termination is given less than 2 weeks before the start of the trade fair: 90 % of the contract sum

  • If notice of termination is given when assembly by the contractor at the trade fair has already begun: 100 % of the contract sum.

The client reserves the right to prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate stated.

(2) In the event of default in payment on the part of the Client, the Contractor shall be entitled, after setting a reasonable deadline, to withdraw from the contract without warning of rejection and to demand compensation for damages. In the event of withdrawal due to default in payment of the first instalment in the amount of 50 %, the damages shall amount to 10 % of the order sum. In the event of withdrawal as a result of default in payment of the second instalment, the standards set out in paragraph 1 above shall apply. In both cases, the client has the right to prove that no damage has been incurred or that the damage is significantly lower than the lump sum

(3) If performance of the contract becomes impossible due to events for which the contractor is not responsible, in particular due to force majeure, both parties shall be entitled to withdraw from the contract. Force majeure also exists in particular if the trade fair is cancelled or postponed by the organiser or the trade fair company. In this case, the contractor shall be entitled to remuneration in accordance with the above paragraph 1.

§ 7 Safety precautions / obligations of the customer

(1) Booths, display cases and other lockable items of furniture are not burglar-proof. The locking mechanisms merely serve as burglary inhibitors in a psychological sense. It is therefore strongly recommended that a booth guard be ordered. The client is also advised to insure both the complete rental object (exhibition stand) and exhibits or similar items in a suitable manner. The contractor is not liable for items left at the stand by the client.

(2) Graphics and other documents to be produced, attached or set up by the contractor, on behalf of the client, are the responsibility of the client. The contractor shall neither check for any possible infringement of property rights nor the correctness of the documents. The principal shall indemnify the Contractor against all possible claims for damages due to infringements of rights or spelling and colour errors.

§ 8 Acceptance/handover

(1) The handover of the stand (acceptance) shall take place at the agreed time, regularly immediately after completion. The client undertakes to attend the acceptance meeting himself or to be represented by an appropriate agent. If the Client or a person appointed by him is not present on the agreed handover date, the Contractor shall wait for 1 hour without incurring any costs. If the client exceeds the handover deadline by more than 2 hours, the exhibition stand and any rented items shall be deemed to have been handed over free of defects.

(2) Any outstanding partial services or notified defects shall be made good or remedied as quickly as possible. Insofar as they do not significantly impair the function of the subject matter of the contract, they do not entitle the client to refuse acceptance.

(3) If the client has used the service or part of the service without prior acceptance, acceptance shall be deemed to have taken place with the act of use.

(4) If deliveries and services of the contractor have been provided to the principal on a rental basis (e.g. inventory), the following shall apply:

(a) Since the rented goods are usually used materials and items, normal signs of use do not justify any claim for rectification, replacement or return. This also applies to colour and surface deviations typical of the material. The rented goods shall be cleaned after completion of the exhibition stand. No rectification can be demanded for soiling caused by the surrounding trade fair construction operations in the trade fair hall. It is strongly recommended that a professional stand cleaning service be commissioned for the evening before the start of the trade fair, as experience has shown that the dust in the exhibition halls does not settle until the evening before the trade fair.

(b) The risk of accidental loss or damage shall pass from the contractor to the client when the rental property is handed over. Loss of and damage to the rental equipment shall be reported by the Client to the Contractor without delay. The customer shall reimburse all necessary expenses for the production or repair of the rented goods, up to a maximum of the value of the rented goods at the time of handover to the customer. value at the time of handover to him. It is recommended to insure the rental property against loss, damage and vandalism at its own expense. The Client’s assumption of risk ends with the return to the Contractor.

(c) The Client shall have the duty of care and supervision with regard to the entire rental object from the time of handover. If the Client breaches the duty of care and supervision, he must compensate for the resulting damage.

(d) The rental relationship ends with the end of the respective event (trade fair) and the arrival of the Contractor’s dismantling personnel at the stand. If sand guarding has been booked by the Client, the rental relationship shall end with the end of the stand guarding. At the Contractor’s request, a formal handover of the rental object shall take place. The client shall be obliged to attend the handover meeting or to be represented by a duly authorised representative. Any items left at the stand by the client shall be disposed of without compensation for their value.

§ 9 Liability

(1) The contractor shall be liable for damages resulting from injury to life, body or health in accordance with the statutory provisions.

(2) The contractor shall only be liable for other damages in the event of intent and gross negligence.

(3) In the case of damage to property and financial loss caused by negligence, the contractor shall only be liable in the event of a breach of a material contractual obligation but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

(4) Liability for indirect damage, in particular loss of profit, is excluded.

(5) Insofar as the liability of the contractor is excluded or limited, this shall also apply to the personal liability of his employees, workers, staff, representatives, or vicarious agents.

§ 10 Warranty

(1) Liability for defects shall be governed by the provisions on contracts for work and services of the German Civil Code.

(2) In principle, the client may initially only demand supplementary performance in the form of rectification of defects. The manner of appropriate rectification shall be at the discretion of the contractor. The Contractor shall be entitled to make a replacement delivery at any time. The Client may assert further claims, in particular claims for reduction or withdrawal from the contract, if two attempts at rectification have failed due to the same defect.

(3) The liability for defects does not extend to such defects which occur at the principal’s premises due to natural wear and tear, moisture, strong heating or improper handling or improper storage. Similarly, the liability for defects does not extend to reasonable deviations in shape, dimensions, colour and quality of the material.

(4) The Client shall be responsible for the correctness and completeness of any templates (e.g. print files), dimensions and other information provided to the Contractor for the execution of the order. Incorrect information on the part of the client cannot justify a defect in the service.

(5) The Client is obliged to notify the Contractor of defects without delay and to give him the opportunity to make the corresponding findings. Notices of defects shall be addressed exclusively to DEEG exhibition&more GmbH.

(6) If the notification of defects is made late or if reservations were not made at the time of acceptance due to known defects, the liability for defects expires completely.

(7) The liability for defects also expires if the Client himself makes changes or makes it difficult or impossible for the Contractor to determine and rectify the defects, which is regularly the case in the event of a notice of defects after the end of the exhibition for defects that occurred or became known during the exhibition.

§ 11 Copyright and other property rights

(1) The design documents, the planning, drawing, production and assembly documents as well as the design and concept description remain the intellectual property of the contractor. The client is not entitled to reproduce the resulting documents, to exploit them himself or to pass them on to third parties without the written and unambiguous consent of the contractor. He is also not entitled to create copies or have copies created from them.

(2) If the client infringes the copyrights or industrial property rights, he shall pay a contractual penalty amounting to 50% of the order sum. Any further claims for damages and injunctive relief shall remain unaffected.

(3) The provisions of paragraph 2 above shall also apply if a contract is not concluded. The constructional execution of the contractor’s planning services and designs by third parties is expressly prohibited.

(4) The contractor is entitled to publish free of charge picture or video material of the delivered services or to use it for advertising purposes (e.g. homepage, social media). In doing so, the contractor shall take into account the legitimate interests of the client.

(5) If the Client provides the Contractor with planning documents, the Client shall guarantee that the production and delivery of the work produced according to the planning documents does not infringe the property rights of third parties. The contractor is under no obligation to check whether the documents provided to him by the client are subject to third-party property rights. Should a claim be made against the contractor by a third party due to an infringement of property rights, the client shall indemnify the contractor against all present and future claims.

§ 12 Data processing

The contractor is entitled to process and store the data received with regard to or in connection with the business relationship in accordance with the applicable data protection provisions under the German Federal Data Protection Act (BDSG) and the German Data Protection Regulation (DSGVO). The contractor guarantees that no client data will be disclosed unless it is necessary for the execution of the order or the client has expressly consented to such disclosure.

§ 13 Place of Performance and Jurisdiction

(1) The place of performance for payment by the client is Cologne.

(2) The exclusive place of jurisdiction is Cologne.

(3) The law of the Federal Republic of Germany shall apply.

§ 14 Severability clause

(1) Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions of these terms and conditions. Ineffective provisions of these terms and conditions shall be replaced by such provisions which come closest in their effectiveness to the omitted provision of these terms and conditions. The same shall apply in the event of a loophole.

(2) The Contractor reserves the right to adapt these General Terms and Conditions to the applicable legal situation and jurisdiction at any time and without prior notice.

Status: 01.02.2019

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