- Acceptance of the conditions
Our work and deliveries are carried out exclusively under the following conditions, which are recognized when the order is placed, even if the customer's terms and conditions conflict with this.
Our offers are generally subject to change. The customer cannot revoke the order placed. The order is concluded as soon as it is confirmed by us. We make our stands available for the duration of the trade fair.
Any possible legal ineffectiveness of individual points of the conditions in no way affects the contractual effectiveness of all other conditions. Rights that we have based on legal provisions
granted are not affected by the above conditions.
- Execution
Dimensions, weight and performance information as well as illustrations are only approximate and non-binding. All brochures, photos, price lists, descriptions, drafts, drawings and cost estimates - even if they were prepared at the request of the customer - remain our property. These documents may neither be copied nor made accessible to third parties; they must be returned to us immediately,
if the contract is not concluded. We also reserve the copyright for the exhibition stands we create and their equipment.
a) If we are to carry out the work based on the customer's drawings, samples or models, all copyrights must be borne by the customer.
b) If the customer or former customer is in possession of our production elements and imitates them on their own initiative, they assume full responsibility and undertake to inform us immediately about the quantity produced and to pay us a copyright fee of 10% of the sales value in accordance with our e.g. The currently valid price list for elements must be paid.
c) We can object to improper use of our system parts
d) By paying the 10% listed above, the customer does not acquire any further rights.
- Prices and payment terms
Our prices apply from the place of performance in EURO at the amounts valid on the day of delivery. Only the offer confirmed in writing is decisive for the prices. Any unestimated additional deliveries and changes, including those resulting from a previously unknown construction situation, will be invoiced separately.
Payments can only be made directly to us. Unless expressly agreed otherwise, 50% must be made when the order is placed, the rest when notification of readiness for dispatch is made, and in the case of trade fair stands, in any case before the opening of the trade fair. Withholding payments or offsetting due to any counterclaims by the customer are excluded. The payment deadlines must be adhered to. If the payment deadline is exceeded, we will charge default interest of 9 percentage points above the base interest rate. We reserve the right to assert further damages caused by default.
- Default on the part of the purchaser
If the purchaser is in arrears with the acceptance of the goods or the fulfillment of his payment obligation or if he has stopped his payments or if there are facts that are to be considered as a cessation of payments, we can demand that the purchaser provide security. The same applies if the purchaser's economic circumstances or his legal circumstances change, or if we have unfavorable credit information about the purchaser.
If the customer is in default with the acceptance of the goods - in the case of trade fair stands with the written confirmation of acceptance - or with the payment or if he does not provide the required security, we can do so without setting a grace period
– either take the delivery item back to us without waiving our claims until they are satisfied
– In the case of trade fair stands, dismantle the assembled stand and transport it back to the factory - in this case the costs, including those of re-assembly, are borne by the customer,
– or demand compensation for non-performance,
– or withdraw from the contract or demand a contractual penalty of 25% of the sales or rental price
- Delivery time
The delivery time for our services does not begin before receipt of the deposit or any services to be provided by the customer - such as the provision of materials and only after clarification
all documents as well as the technical and spatial details of the execution by the customer. The delivery time is met - even for fixed transactions - if the shipment is ready for dispatch within the deadline
we have communicated this to the purchaser. Partial deliveries are permitted.
The delivery time is also subject to unforeseen obstacles that are beyond our control or that of our subcontractors, in particular in cases of force majeure, official measures,
Transport and operational disruptions as well as circumstances that make production or delivery excessively difficult or impossible, regardless of whether these occur with us or with our subcontractors
enter.
- Packaging, shipping and transfer of risk
Shipping is carried out in all cases – even when delivered by our own hired workers – at the expense and risk of the purchaser. No liability is accepted for damage or loss during transport.
If no specific shipping instructions have been agreed, we can arrange shipping using the best method we believe is best. The supplier is not required to take out insurance. However, the supplier is entitled to take out insurance against transport damage at the purchaser's expense.
Goods reported ready for dispatch by the agreed date must be called up immediately; otherwise, or if dispatch is impossible, we are entitled to ship them at the purchaser's own expense and risk
Store at your discretion and charge as delivered ex works or ex warehouse.
All additional costs for materials and working hours are borne by the purchaser; we also assume no liability for any resulting postponement of the deadline.
- Construction
Any assembly will be carried out by the purchaser, who must provide skilled and unskilled workers as well as assembly materials and other resources required for assembly at his own expense. Becomes
According to the contract, we take over the assembly and if there is no special agreement, the following applies:
Assembly will be paid based on time, unless otherwise agreed in the offer, whereby the following costs will be invoiced separately:
a) the travel costs of staff and the costs of transporting special equipment and personal luggage (to a reasonable extent)
b) a daily allowance (including the statutory expense rate) for the entire duration of our staff's absence from their place of residence; this is also payable on rest days and public holidays.
c) the remuneration agreed for the working hours, whereby it is agreed that overtime, public holiday work and night work are calculated in accordance with the collective agreement applicable to the supplier's personnel in the Federal Republic.
d) the time required for:
the preparation and completion of the formalities for the outward and return journey of the staff;
the travel to and from the staff;
the daily return journey between the accommodation and the site if half an hour
and there is no accommodation closer to the installation site;
the waiting time of the staff if the work is interrupted for reasons specified by the seller after the
is not responsible for the contract.
e) Taxes and duties that we have to pay from the invoice amount in the country in which the assembly is carried out.
- Complaints
We are liable for defects in the deliveries, which also include the lack of guaranteed properties, unless the purchaser has initiated changes and repairs on his own initiative, to the exclusion of any others
Claims – in particular claims for damages – as follows:
We must repair or resupply free of charge all parts that can be proven to be unusable due to a circumstance prior to the transfer of risk, in particular due to faulty design, poor building materials or defective workmanship, or whose usability is significantly impaired.
In any case, the prerequisite for the warranty is that full payment has been made beforehand.
When notifying us that the goods are ready for dispatch, the purchaser must check the goods for defects at our factory and notify us in writing of the discovery of these defects before dispatch. Will the customer receive the
If the customer has not specifically communicated readiness for dispatch, he must report any defects in writing on the day the goods are handed over. Objections raised late will be rejected. The goods are considered complete and carried out properly if the defects were not reported in a timely manner.
The acceptance date and work carried out must be confirmed in writing to our fitters or our representatives. The purchaser has the obligation to name a responsible representative who will do so in a timely manner
Can certify the acceptance date and the work completed. Any complaints must be noted on the certificate and must be reported by the start of the trade fair at the latest. Not done
If the complaint is made in a timely manner, the delivery and all work are deemed to have been approved.
The following are excluded from the warranty: transport, enamel and glass damage, loss of refrigerant and resulting damage caused to the purchaser by natural wear and tear, moisture, weather and
Temperature influences, moth damage, excessive use, non-compliance with treatment instructions, repair work and interventions of any kind by third parties. Damage to motor windings and fluorescent tubes, as well as all live cables and fuses, are excluded from the warranty. Rented items are usually used goods. We assume no liability for normal wear and tear. The purchaser is liable for accidents, property damage, etc. resulting from improper use and assembly.
Local conditions at the location that the customer has rented from the trade fair management may result in changes during construction for which we cannot accept any liability. When working based on wood and color samples, there is no guarantee that the tone and grain will match exactly.
- Termination of the contract by the customer
If the customer terminates the contract concluded with us without us giving an important reason for doing so, we are entitled to compensation according to the following scale:
- If the contract is terminated up to 10 weeks before the planned start of the trade fair, a fee of 60% of the order amount must be paid to us.
- If the contract is terminated up to 8 weeks before the planned start of the trade fair, a fee of 80% of the order amount must be paid to us.
- If the contract is terminated up to 4 weeks before the planned start of the trade fair, we must pay a fee of 90% of the order amount.
- For cancellations made within 2 weeks before the planned start of the trade fair, we are entitled to full remuneration.
The assertion of further damages is not excluded by this regulation.
- Retention of title
Until all outstanding invoices, including all additional claims, have been settled, all equipment supplied by us remains our property. Resale before final payment is only permitted with our express consent. In such a case, the claim arising from the sale is transferred to us. If the purchaser is exposed to compulsory enforcement measures, he is
obliges us to report this immediately. The customer undertakes to adequately insure the items owned by us against fire, water and theft at his own expense.
Insurance claims will now be assigned to us in the amount of the supplier's outstanding claims.
- Fulfillment and jurisdiction
The place of performance and place of jurisdiction for all claims and disputes arising directly or indirectly from the entire contractual relationship - including legal action in the document and bill of exchange process - is Viersen.
