1. Applicability of the terms and conditions
1.1 Our offers, deliveries, and services are provided solely on the basis of these Terms and Conditions. Any deviating terms and conditions of the contracting party will be rejected.
1.2 If a provision of these Terms and Condition or a provision in connection with other agreements should be or become ineffective, this does not affect the effectiveness of the other provisions.
2. Offer and conclusion of contract
2.1 Our offers are non-binding and subject to confirmation.
2.2 Declarations of acceptance and all orders require written confirmation in order to become legally effective.
2.3 The same applies to supplements, amendments and supplementary agreements.
All goods delivered remain our property until all claims arising from the delivery contract have been paid in full. As long as the property has not yet officially been handed over, the contracting party is obliged to handle the goods with care.
4.1 Rental items are the furniture and technical equipment indicated in the order confirmation. The rental items are the property of the lessor.
4.2 The rental items shall be made available for the agreed purpose and the agreed period of time. Any other use during the rental period is not permitted.
4.3 The lessee is aware that the rental items are not insured. It is advisable to obtain theft insurance (please refer to point 13 “Insurance”).
5. Rental period
5.1 The rental item is provided for the duration of the event.
5.2 The rental period begins with conveyance of the rental items to the lessee.
5.3 The rental period ends with the end of the event, unless a different ending time was expressly agreed to.
5.4 Use of the rental items beyond the agreed return date is not permitted, unless a follow-up order was concluded with the lessor in writing.
6.1 Delivery time
a) With regard to events to which the lessor delivers free of transport charges, delivery is made in collective transport of which the date and time is stipulated by the lessor. The lessor pledges delivery prior to the start of the event. The lessee is charged for deliveries at other times.
b) Otherwise, delivery is made at the agreed time. Delivery times are only binding if they have been agreed in writing. If a specific time was not agreed upon, delivery is made prior to the start of the event.
c) If the trade booth is not staffed at the time of delivery, placement of the rental goods at the trade booth is deemed to be proper conveyance of them. Starting at this time, the lessee bears the risk of loss or damage of the rental goods. The lessor is not obligated to verify the authority of the individuals encountered when delivering the rental goods. If delivery or collection of the rental item is prevented by fault of the lessee, the lessor shall be entitled to charge for any additional expenditure incurred.
6.2 Delivery difficulties and transfer of risk
a.) Should the delivery not be effected within a period agreed upon in writing and a reasonable extension has not been observed by us, then the contracting party is entitled to withdraw from the contract. Claims to compensation for damages are limited to damages caused due to intentional or grossly negligent actions. If delivery is handled by the lessor, then in the event of disturbances due to force majeure that make delivery by the lessor materially more difficult or impossible, the lessor is not liable for exceeding the agreed deadlines and dates. The relevant general terms and conditions of the forwarding trade are applicable to transport.
b) If delivery is handled by a third party, risk passes at the time that the rental items are handed over to the third party.
c) In exceptional cases, the lessor may deliver equivalent or higher-quality items instead of the ordered goods at the price of the originally ordered goods.
6.3 Lessees collecting rental items Lessees collecting rental items themselves are hereby notified that the objects may only be transported in suitable closed vehicles.
7. Inspection duties and complaints
7.1 Immediately following delivery, the lessee is obliged to convince himself/herself of the proper condition of the rental items and the completeness of the delivery.
7.2 By accepting receipt of the goods, the lessee confirms flawless service. Potential complaints by the lessee with respect to services not in conformity with the contract must be made within 24 hours. Later objections are invalid.
7.3 The lessee is aware that the rental goods are used repeatedly and not always in mint condition. Normal traces of use do not constitute a reason for complaint.
7.4 We will remedy correctly lodged and justified complaints through discounted prices, improvement, replacement or return of the product against a refund of the purchase price. Further claims of the contracting party, as far as they are legally permitted, are excluded.
7.5 The lessor’s size indications are approximate only. The lessor reserves the ability to make changes to shape, size, and colour provided, the lessee can reasonably be expected to accept the changes. 7.6 The lessee has to grant the lessor the possibility to rectify or assess the claim.
7.7 Carpet: Minor, in particular customary deviations (DIN standard) in quality, colour, design, length, width, equipment, weight or processing do not constitute grounds for complaint.
8. Return of the rental item
8.1 At the end of the rental period, the lessee must have the rental items accessible and ready for pickup. The lessor will collect the rental items as quickly as possible.
8.2 The lessee is obligated to secure the rental items against loss or damage at least 24 hours after the end of the rental period.
8.3 If the rental items are not returned on time, the lessor is entitled to charge an extra compensation fee for the duration of the period in which the lessee withholds the rental goods. Farther-reaching compensation of damages is not precluded.
8.4 Added costs due to premature return of the rental goods shall be borne by the lessee.
9. Rental prices
9.1 All agreed prices are net prices in euros, plus value-added tax.
9.2 The valid transport cost rates for delivery and collection of the rental item will be invoiced in addition to the rental price.
9.3 The lessor reserves the right to deliver only against advance payment.
9.4 In the event of late payment, the lessor reserves the right to refuse delivery of the rental item or to collect delivered items at an earlier date.
10.1 Invoiced rental prices are payable in full without deduction.
10.2 If no deviant agreement is made, payment is due upon billing, at the latest, however, before delivery of the rental item.
10.3. Direct orders placed immediately before and during a trade fair are to be paid upon order.
10.4. A collection charge of EUR 15.00 is added to foreign cheques.
10.5. Payments from abroad are to be remitted in advance with all charges paid.
10.6 If the contracting party is in default, then we are entitled to charge, as of the time in question, interest equal to that calculated by the commercial banks for outstanding current account credits, however, at least 9% above the respective base interest rate of the Deutsche Bundesbank. The actual calculation of the damage due to default is reserved. The actual proof of less damage due to default remains possible for the contracting party.
10.7 Should an invoice need to be re-issued due to false or incorrect data supplied by the applicant, the lessor is entitled to charge an administrative fee of EUR 50.00 plus VAT. This charge will be set against the new invoice to be issued.
10.8 We are entitled to set off payments made by a contracting party against his oldest due debts. If costs and interest have already accrued, we are entitled to set off the payment against the costs, then against the interest and finally against the basic sum.
10.9 A payment is only then regarded as having been effected when the funds are at our disposal.
10.10 In the event of non-payment of cheques or bills, in the event of insolvency, or if circumstances should become known which call the creditworthiness of the contracting party into question, as well as in the event of the opening of insolvency proceedings all our claims – also in the event of a deferment – shall become due for payment immediately.
10.11 Furthermore, such circumstances entitle us to despatch outstanding shipments by cash on delivery or to demand payment in advance or the provision of a security. In the event of further delay in payment, we are entitled to withdraw from the contract or to demand compensation on grounds of non-payment. The contracting party can only offset such claims which are undisputed or finally established.
11. Liability of the Lessee/ Damage to Rental Goods
11.1 Liability shall commence with the takeover of the rental goods by the lessee and end with its collection by the lessor. In the case of objects rented for a trade fair, liability shall commence with delivery to the exhibition stand and end when it is collected from there. This shall also apply if the exhibition stand is not occupied.
11.2 The lessee is liable for loss or damage during the rental period. He or she must promptly notify the lessor about any damage to the rental item. The same applies if the rental item was stolen or if third parties assert any rights to the rental item.
11.3 For lost rental items the lessee is liable to the amount of the replacement value. For damages caused, for example, by gross contamination or glued-on material that was not entirely removed, the lessee must reimburse the repair costs up to the amount of the replacement value.
11.4 Liability shall end 24 hours after the end of the trade fair at the latest, unless the rental item was not made available for collection or another collection date was agreed on.
12. Liability of the lessor
12.1 The liability of the lessor, its statutory representative, and the person used to perform an obligation (Erfüllungsgehilfe) is precluded, unless
a.) damages from injury to life, body, or health are based on a negligent breach of duty by the lessor or on a wilful or negligent breach of duty by a statutory representative or person used to perform an obligation, or
b.) other damages are based on a grossly negligent breach of duty by the lessor or person used to perform an obligation
12.2 The lessor is not liable for damages unrelated to the renting of rental items.
12.3 No liability will be accepted for property belonging to the exhibitor which is left in cupboards, etc.
The lessee is aware that the rental items are not insured. Insurance of the rental item, for the period of a trade fair, including the stand construction and dismantling period, is recommended. This insurance shall be taken out by the lessee.
14. Right of termination and rescission
14.1 The lessee may rescind up to 14 days prior to the delivery date. Full rental price will be invoiced for cancellations subsequent to this deadline.
14.2 Termination of the rental contract is possible only if this is based on a breach of duty by the lessor.
14.3 After the commencement of the rental contract, the lessee is not entitled to terminate it unless the defects are based on a breach of duty by the lessor, notice of the defects has been given in a timely manner (7.2), and repair by the lessor was unsuccessful.
15. Place of jurisdiction
To the extent permitted by statute, place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the lessor. The laws of the Federal Republic of Germany shall apply even for transactions with foreign customers.