General Terms and Conditions.
I. Basis of the Contract.
The following General Terms and Conditions (GTC) govern the relationship between the commissioned company ("Contractor") and its client ("Client"), provided that the Client is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). They apply exclusively to all offers, deliveries, and services of the Contractor towards the Client, subject to any individual agreements or arrangements between the contracting parties. Any standard reference to the Client’s general terms and conditions is hereby rejected.
II. Conclusion of Contract.
1. The contract is concluded upon signing of the contract document or the Contractor’s written order confirmation.
2. Information provided by the Contractor labeled as "cost framework," "cost outline," or "rough cost estimate" is non-binding.
III. Rental Provision.
1. If items belonging to the Contractor are provided to the Client on a loan or rental basis, a formal return of the rental object shall take place immediately after the end of the trade fair or event upon the Contractor’s request. The Client is obliged to attend the return appointment or to be represented by a duly authorized representative.
2. Such loaned or rented items must be handled with care and returned immediately after the event has ended.
3. Return confirmations issued by the Contractor are always subject to a detailed inspection.
4. Rental fees are calculated per calendar day unless otherwise expressly agreed. The rental period begins on the day of handover and ends on the day of return. If the Client is responsible for a delayed return, the full daily rental fee shall be charged for each additional day.
5. The Contractor is entitled to request an appropriate deposit for the duration of the rental. The deposit shall not bear interest.
IV. Prices.
1. All prices and price indications are in EURO, excluding statutory taxes and duties as well as any other public charges, even if not explicitly stated.
2. Offer prices are only valid if the order is placed in full.
3. Offer prices are valid for 4 months from the conclusion of the contract. If delivery periods extend beyond these 4 months, the Contractor is entitled to pass on price increases from manufacturers or suppliers or wage increases to the Client. The Client may withdraw from the contract if the price exceeds the agreed price by more than 5%. In such a case, the Contractor is entitled to compensation for services already rendered, including claims of third parties commissioned in reliance on the execution of the contract. Further claims by either party are excluded.
4. If the commencement or progress of performance is delayed for reasons not attributable to the Contractor, the Contractor is entitled to charge any additional expenses incurred. The calculation rates valid on the day of execution shall apply.
5. Services not included in the offer and requested by the Client, or additional expenses resulting from incorrect information provided by the Client or from untimely or improper preliminary work by the Client or third parties (not acting as vicarious agents of the Contractor), shall be invoiced separately. The procurement of necessary official permits, concessions, or approvals is only included if explicitly stated. The same applies to customs formalities for international deliveries.
6. Services and arrangements carried out on behalf of the Client in connection with planning and execution of exhibition participation shall be remunerated separately. The Contractor may charge a handling fee for expenses incurred and is entitled to commission such services to third parties in the name of the Client.
7. If services are provided at trade fairs, the offer prices do not include costs for services that must be obtained exclusively from trade fair companies or their contractors (e.g., on-site transport, forklifts, pallet trucks, empty container handling, disposal, etc.), unless explicitly included in the offer.
V. Delivery and Transport.
1. If no explicit deadline is agreed for the start or completion, the specified completion/delivery date is only approximate.
2. Changes requested by the Client after contract conclusion invalidate even firmly agreed deadlines. The same applies to delays not attributable to the Contractor, especially due to late provision of documents or materials by the Client.
3. In case of operational disruptions beyond the Contractor’s control (e.g., force majeure, strikes, lockouts), delivery/completion deadlines shall be extended accordingly. If performance becomes impossible, both parties may withdraw from the contract. The Contractor remains entitled to payment for services already rendered, including third-party claims incurred in reliance on contract execution.
4. Goods and items are transported at the Client’s cost and risk unless otherwise agreed. The Contractor chooses the shipping method at its discretion. Packaging is charged separately. Insurance is only provided upon explicit request and at the Client’s expense. Risk transfers when the goods leave the Contractor’s premises or are made available to the Client.
5. Items provided by the Client must be delivered to the place of use at the agreed time. The Contractor is not obliged to return them unless agreed. Return shipments are at the Client’s risk and expense.
6. If dispatch-ready goods cannot be delivered due to reasons attributable to the Client, risk transfers on the day readiness is notified. Services are deemed fulfilled upon such notification.
7. The above provisions apply accordingly to goods or exhibits transported on behalf of the Client.
VI. Credit Basis.
The Contractor’s obligation to perform is subject to the Client’s creditworthiness. If incorrect or incomplete information is provided or payments are suspended, the Contractor may demand advance payment or security. If not provided, the Contractor may terminate the contract for good cause and claim damages.
VII. Acceptance / Handover.
1. Acceptance or handover shall take place formally and immediately after completion. The Client must attend or be represented. An acceptance one hour before a trade fair begins is deemed reasonable.
2. If the Client uses the service without formal acceptance, acceptance is deemed to have occurred unless defects were previously reported.
3. Outstanding partial services or defects shall be remedied promptly and do not justify refusal of acceptance if they do not significantly impair functionality.
4. For event services, acceptance usually occurs during rehearsals or trial runs.
VIII. Set-off and Assignment.
1. Set-off or retention is only permitted with undisputed or legally established claims.
2. Rights may only be transferred with the Contractor’s prior consent.
IX. Warranty.
1. Warranty is governed by statutory provisions unless otherwise agreed.
2. In case of defects, the Client may initially only request subsequent performance (rectification). The Contractor decides how to remedy defects.
3. Limitation period is one year, except for cases of gross negligence, intent, injury to life, body or health, or product liability.
X. Liability.
1. Liability for simple negligence is excluded unless essential contractual obligations are breached.
2. Liability for breach of essential obligations is limited to foreseeable damages.
3. The Client is liable for rented or loaned items up to replacement value.
XI. Insurance.
1. Transport insurance is only provided upon request and at the Client’s cost.
2. Transport damage must be reported immediately.
3. Stored goods are insured against fire, water, and theft at replacement value.
XII. Retention of Title.
1. Goods remain the Contractor’s property until full payment is made.
2. Usage rights transfer only after full payment.
3. Resale requires consent; claims are assigned to the Contractor.
XIII. Usage Rights and Concepts.
1. All concepts and materials remain the Contractor’s property and may not be used otherwise.
2. Changes may only be made by the Contractor unless agreed otherwise.
3. Similar events imply a breach unless proven otherwise.
4. Unauthorized use results in damages of 50% of rental price.
5. The Client guarantees no third-party rights are infringed.
6. The Contractor may use documentation for PR purposes.
7. The Client must name the Contractor where requested.
XIV. Termination.
1. The Client may terminate at any time.
2. Compensation is due for work performed; 40% applies for unperformed work.
3. Termination for cause requires prior notice.
4. Further damages may be claimed.
XV. Final Provisions.
Place of performance and jurisdiction is the Contractor’s registered office. German law applies, excluding CISG and private international law.
