ELBSTAND MESSEBAU GMBH
Terms and conditions
Terms and conditions of Elbstand Messebau GmbH
Hermann-Blohm Str 3, 20457 Hamburg
The following conditions are only valid for all our deliveries and services, for our offers and order confirmations. They exclude deviating conditions of the client. Deviating conditions require the express written confirmation of our management to be effective.
2. Offer, order acceptance, scope of services
The prices quoted in our offers are non-binding and freely revocable until the order is placed and refer, unless otherwise stated, to the rental of a trade fair stand.
The documents belonging to the offers, such as drafts, plans, drawings, samples, weights and measurements, etc., contain only approximate values, unless they are designated as binding. For drafts, plans, drawings etc. we reserve the right of ownership and copyrights; they may not be made accessible to third parties.
All prices are in Euro, without VAT, plus applicable VAT.
Our prices do not include packaging, freight, postage, insurance and other shipping costs.
4. Additional payment, arrears and consequences
Unless otherwise agreed, our invoices are payable as follows:
35% on order confirmation
35% 4 weeks before the start of the fair
Balance after handing over the stand
Discounts or other deductions are not granted.
In the event of default of payment, we are entitled, without prior notice, to exercise a right of retention for all deliveries and / or services still outstanding or to demand further, previously unpaid advance payments. The same applies if the fulfillment of the payment claim appears to be in jeopardy at the customer's due to a deterioration of the financial circumstances occurring after the conclusion of the contract or has become known. This applies in particular if a check of the client is not honored, foreclosure measures are pursued against him, a settlement or insolvency proceedings is requested. In all these cases we are also entitled to dismantle construction work or not to make it available to the client.
Agreed (fixed) dates are extended by the period of default and the associated interruption in the continuation of the work.
5. No set-off
The client can only offset with an undisputed and legally established claim.
A client who is a registered trader within the meaning of the German Commercial Code (HGB) is not entitled to any rights of retention or set-off. However, the rights according to § 320 BGB are retained as long as and to the extent our performance is subject to defects and we have not fulfilled our obligations to repair and / or replace.
6. Provision of services or delivery, liability
Exhibition stands and other agreed services will be completed as agreed, but usually no later than 6 pm on the day before the opening of the trade fair, unless the organizer requires a different regulation. We reserve the right to carry out minor remainder work until the opening of the trade fair or exhibition insofar as commissioning of the stand by the client is not significantly impaired.
The shipping, the manufacture of the stand, the provision of services, we take the necessary care, but are liable only for intent and gross negligence.
7. Rental, pollution, damage and costs
In the case of (partial) renting of a stand with / without equipment or other objects, the agreed rental objects are delivered to the fair in pre-cleaned, as new, but not brand new state and built. After the end of the fair, the rented items including the equipment are to be returned in good condition. Costs for cleaning in the event of exceptional contamination of reusable rental items will be charged to the client at cost.
Wall elements that have been damaged by hanging pictures, exhibits, etc. with screws, nails, etc., or that are no longer usable by sticking non-residue removable films (eg double-sided carpet tape or mirror tape) will be charged to the client posed. The same applies to other rental items that have been damaged.
8. Acceptance, complaints
Acceptance shall take place after the completion of the total service at the agreed time, but not later than 6 pm on the day before the opening of the trade fair. The client is obliged to accept, provided the conditions are met.
Acceptance records must be signed and signed by both parties.
9. Warranty, liability
In the case of justified and timely notice of defects, we are entitled and obliged to repair and / or replace the goods at our discretion. In the case of a two-time failure of the replacement delivery or subsequent improvement, the customer reserves the right to demand a price reduction or cancellation of the contract.
Further claims due to defects or other claims for damages, in particular for consequential damages, are excluded, unless there is intent or gross negligence.
We are not liable for objects of the client, which are left behind during the construction and / or dismantling of exhibition stands before the start or after the end of the fair, unless there is intent or negligence.
Liability is completely excluded during the duration of the fair.
10. Safekeeping of exhibition objects, transport and liability
Insofar as exhibition objects, individual parts thereof, other objects which are the property of the customer are stored by us and / or transported by us, we are liable as follows:
We are liable for loss or damage of the objects stored for the client as far as we, our legal representatives or our vicarious agents are at fault. In the case of intent or gross negligence, the liability is limited to the assumption of repair costs in the event of damage. If repair is impossible or disproportionately expensive, replace the replacement value to be determined for the day of the damage. The same applies to loss of items or parts thereof. However, in the event of slight negligence, no compensation for the value of the objects, loss of use, loss of profit or other claims for damages shall be reimbursed.
Our legal representatives, vicarious agents and employees are liable to clients only in cases of intent or gross negligence.
11. Insurance of rental objects
If no other agreement is made, the objects leased to us by the client shall be insured by him from the day before the start of the trade fair, from 6 pm until the day after the end of the trade fair, until 7 am as part of exhibition insurance.
With the placing of an order, the client assumes the duty of supervision and due diligence for the items leased to him over the period mentioned above.
The exhibitor is liable for any damage caused by him or a third party during this period, regardless of whether or not the damage is covered by his insurer.
12. Retention of title
The items delivered by us remain our property until complete payment of all claims arising from the business relationship.
If the objects supplied by us are mixed or combined with other objects, the client hereby assigns his ownership or co-ownership rights to the mixed stock or the new object. A pledge or security assignment is not permitted.
13. Place of fulfillment, place of jurisdiction, effectiveness
To the extent permitted by law, Hamburg as the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship between the parties shall be Hamburg.
The contract is subject to the law of the Federal Republic of Germany.
Should any provision of these General Terms and Conditions be or become ineffective, this shall not affect the validity of all other provisions or agreements. In such a case, the invalid provision shall be interpreted or amended in the sense that the economic purpose intended by the invalid provision is achieved in a legally permissible manner.