GTC

General Terms and Conditions (GTC)

Terms and Conditions for delivery and payment of rental – trade fair stand from Wagner Messebau GmbH

1. General

The following Terms and Conditions are valid for all offers and orders as long as no other agreement has been concluded which has to, in general, be stipulated in the contract for legal force. Any change of purchase conditions of the client needs to be accepted and stipulated in the contract in advance.

2. Offers

The prices specified in our quotations and/or costs estimated shall be subject to change and freely revocable at any time up to the point at which an order is placed. The prize and cost quoted are binding as far as no limitation has been concluded.

3. Provision of Services, Deliveries / Performance

Trade fair stands and/or other agreed services shall, unless otherwise stipulated by the organizer, be completed in accordance with the agreement but, in any case, generally no later than 6pm on the day before the trade fair or other event opens. We reserve the right to carry out minor residual work until the trade fair or exhibition opens, providing this does not significantly impair the customer’s operation of the stand. Deconstruction of the fair stand will be implemented after fair ends. We expect our customers to remove all materials before deconstruction by us. Any removing, deconstruction or packaging of customers material will be charged separately by time and effort. In case the exhibition materials will be needed for an extended time, this needs to be concluded in advance within the contract. We shall undertake the setting-up of the stand and the provision of other services with due care, but shall do so at the Customer’s risk. We shall accept no liability for exhibits and customer-specific material. Our liability for contractual breaches of duty and for tort shall be limited to willful intent and gross negligence and to compensation for damage that typically occurs. In case we are verifiable detained building the fair stand due to a force majeure, stoppage/ industrial action, official decree, third party fault in transportation or similar incidents of which we do not have influence on we accept withdrawal of the contract but will charge you the cost verifiable up to that point, not exceeding 50% of the value of the order. To put recourse, claim in case of not-participation/ not implementation on a fair referring to the above mentioned shall be excluded in general. In case of delayed or non - performance by negligence by our side we accept the rescission of the contract as the legal right for additional respite cannot be fulfilled within the timeframe. Advanced payments shall be given back by us. Additional right of compensation, including indirect or immaterial damage due to non – performance at the fair, cannot be given/ accepted by us.

4. Rental

In the event of (partial) rental of a trade fair stand with/or without equipment, or other objects, the agreed rental items shall be supplied and erected at the trade fair in pre-cleaned, as new, but not brand-new condition. In this respect, blemishes on the rental materials shall not provide grounds for a claim to removal of defects or reduction in rent. The agreed rental items shall be made available to the customer/lessee only for the agreed purpose and the agreed duration. At the end of the trade fair, the rental items, including the equipment contained therein, shall be returned in an orderly condition. Costs of cleaning in the event of unusually heavy soiling of reusable rental items shall be charged to the client on a time and materials basis and shall not be included in the agreed rent. Wall elements that have been damaged by using screws, nails etc. to hang pictures, exhibits or are no longer usable due to the gluing of films that cannot be completely removed (e.g. double-sided carpet tape or mirror-mounting tape) shall be charged to the client and shall not be included in the agreed rent. The same shall apply to other rental items that have been damaged.

5. Floor / Soil Conditions

The floor shall be clear and even. the provision of services as waterpipes and power supply shall be ordered in advance. Balancers for floor shall not be necessary for proper construction of your fair stand. In case of, unevenness, interruptions or holes we reserve the right of correction through us or the host of the fair. These additional costs will in any case be charged to you. We do not take any responsibility in case of bad soil conditions for any objectionable impact. Moreover, we like to point our obligation referring to the information given in advance. In case the construction and/ or destruction times are not known during the offer/ order an adequate time needs to be ensured. We cannot accept any cost at our hand for damage through water as long as there is no deliberated act or grossly negligent by our side.

6. Insurance

Unless otherwise agreed, the objects that we transfer on a rental basis are subject matter insured by us. The customer shall assume a duty of supervision and care for the objects transferred to it on a rental basis for the period of the exhibition. The customer shall be liable for any damage caused by it or third parties during this period, irrespective of whether this damage is covered by its insurer or not. We also strongly recommend that the customer take out, for its own trade fair belongings (exhibits, models, PCs, etc.), an exhibition insurance policy that covers theft and transport risk, in particular, in the event of loss or damage.

7. Liability

We shall undertake the setting-up of the fair stand and the provision of other services with due care, but shall do so at the Customers risk. Unless otherwise agreed, the customer shall insure the objects that we transfer to it on a rental basis within an exhibition insurance policy, at its cost, from the day before the trade fair begins until on the day after the trade fair ends. The customer shall assume a duty of supervision and care for the objects transferred to it on a rental basis for the period of the exhibition insurance. The customer shall be liable for any damage caused by it or third parties during this period, irrespective of whether this damage is covered by its insurer or not. We shall accept no liability for exhibits and customer-specific material as well as haulage contractors` duties. Our liability for contractual breaches of duty and for tort shall be limited to willful intent and gross negligence and to compensation for damage that typically occurs.

8. Complaints

We shall, in the event of timely notification, warrant any defects through remedy or replacement delivery, at our option. If the remedy or replacement delivery fails on two occasions, the client shall reserve the right to demand a reduction in price or rescission of the contract. This shall also apply if we refuse to remedy the defect or to provide subsequent performance on account of disproportionate cost. Further Claims according to contractual breaches shall be generally excluded.

9. Terms of Payment

Unless otherwise agreed, we shall be entitled to demand partial payments, as follows: 50% of the expected cost 4 weeks upon order confirmation, at least 4 weeks prior to the trade fair 50% immediately with receipt of invoice without deduction.

10. Retention of Title:

We shall retain title to objects supplied by us, to the complete goods until complete payment of the invoice. On default of payment we reserve the right to either not open the booth or deconstruct in part or total in advance to the fair.

11. Disposal Fees

We reserve the right to hand over the quoted cost for waste disposal of your stand to you.

12. Retention of Title

Unless otherwise provided for in the contract, the place of performance and payment shall be our business domicile. If the customer is a merchant, a legal entity under public law or a public-law Special Fund, the legal venue shall be the court in Besigheim. This contract shall be governed by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. In any case the legal court shall be deemed to be Besigheim. Should a provision in these General Terms and Conditions of Business be or become invalid, this shall not affect the validity of any other provisions or agreements. In such cases, the invalid provision shall be re-interpreted or supplemented such that the economic purpose intended by the invalid provision is achieved in a manner permitted by law.