as of 2017
1.1 For the offers, deliveries and services of die messemacher, the following conditions shall apply exclusively.
1.2 General conditions of the customer are only part of the contract if they are acknowledged in writing by die messemacher. The acceptance of services performed by die messemacher in any case constitute acceptance of these terms and conditions.
2. Order / Contract
2.1 The offers are subject to change at any time. The offers from die messemacher referred to as "budget", "cost draft", "cost estimate" or "rough cost calculation" are non-binding.
2.2 The contract is considered complete upon receipt of the written confirmation from die messemacher. Orders which have been placed are also deemed to be accepted if step one does not object in writing within 10 working days.
2.3 If offers are prepared based on information provided by the customer or on documents provided by the respective trade fair management, die messemacher is not liable for the accuracy and suitability of these documents, unless the incorrectness or unsuitability of these documents is not recognized intentionally or due to gross negligence.
3.1 The offer prices are valid for a complete, undivided order.
3.2 die messemacher is entitled to perform partial services and invoice these separately.
3.3 All prices are net prices without VAT.
3.4 Unless otherwise agreed, the appointment of a third party takes place on behalf of and for the account of die messemacher. die messemacher is not required in this case to render account for the services performed by third parties on its behalf or to submit invoices from the persons authorized by die messemacher.
3.5 Services that are performed at the request of the customer and which are not included in the offer or additional expenses which are due to erroneous information provided by the customer, transportation delays through no fault of one's own, or services not delivered on time or completed unprofessionally by third parties, will be charged to the customer additionally according to the current fee schedule of die messemacher unless these third parties are vicarious agents of die messemacher.
4. Transport / Packaging
4.1(Delivery) items are always shipped at the expense and risk of the customer unless otherwise agreed. If no special instructions apply, die messemacher shall determine the method of shipment at its discretion without responsibility for a particular packaging or for choosing the cheapest and fastest way.
4.2 die messemacher is entitled, but not obligated, to obtain transport insurance, the cost of which is to be borne by the customer.
4.3 Transport damages are to be reported to die messemacher without delay. Any claim against the shipping company will be transferred to the customer upon request.
4.4 Items from customers which are required for the performance of services by die messemacher must be delivered free of charge at the agreed upon time or to the location indicated by die messemacher. The returns of such items is performed freight collect from the point of use at the customer's risk.
4.5 Destruction of the supplies during transport or the loss of supplies at the point of use through no fault of die messemacher is at the expense of the customer.
5. Acceptance / Transfer of risk
5.1 The customer is obliged to accept the services of die messemacher at the completion date specified by die messemacher.
5.2 The standard acceptance takes place on the occasion of final rehearsals and/or dry runs, as well as upon transfer of the stand. This does not apply to planning services that upon arrival at the customer are considered completed and ready for acceptance.
5.3 Performance of outstanding partial services or correction of deficiencies will be completed as soon as possible or eliminated. Provided they do not significantly impair the function of the contractual service, they do not justify a refusal of acceptance.
5.4 If the services of die messemacher, for reasons for which the customer is responsible, cannot be provided, the risk is transferred to the customer on the day of receipt of the notification of completion. The services of step one are then considered to be completed.
6.1 In the event of termination by the customer without good cause, die messemacher shall receive the agreed-upon payment for services already rendered. With respect to services not yet rendered, 40% of the agreed-upon fee for expenses saved is stipulated.
6.2 If the customer, despite completion notification, does not accept the services of die messemacher without good cause, or if the customer can not or does not properly comply with his payment obligations, step one shall be considered free of its service obligation after an appropriate period, and has the right to claim damages for non-fulfillment.
6.3 die messemacher has the right to demand, as damages for non-fulfillment, payment for the value of services rendered up to the date of termination as well as 30% of the value of the services not yet performed. The customer's right to provide evidence that the damage did not originate or did not originate in the specified amount shall remain unaffected. The assertion of a higher proven damage is reserved by die messemacher.
7.1 The customer is obliged to check the services of die messemacher upon delivery and report any deficiencies immediately. If, despite careful examination, a deficiency does not become evident until a later date, this is to be reported immediately. In any case, complaints must be received by die messemacher within 7 days after the end of the trade fair or event.
7.2 In terms of warranty, the customer may only demand an improvement of the deficiency. The type and manner of appropriate improvement work is at the discretion of die messemacher, which also retains the right to provide a replacement at any time.
7.3The customer may demand cancellation of the contract (annulment) or decrease in price (reduction) when at least two attempts at improvement of the same deficiency have failed.
7.4 If the improvement is impossible due to the timing (end of the trade fair/event), the customer only has a right to a decrease in payment.
7.5 die messemacher can deny the elimination of deficiencies as long as the customer has not properly fulfilled its contractual obligations, in particular its payment obligations.
7.6 If the complaint is made belatedly or reservations regarding known deficiencies were not made at acceptance/delivery, the warranty claims expire altogether. The same applies if the customer makes changes itself or hinders step one in the determination of the deficiencies.
7.7 Claims for damages, especially those arising from the breach of the obligation to rectify deficiencies, are excluded unless they are based on gross negligence or willful misconduct.
8.1 die messemacher is only liable for on-time and high quality implementation if the customer's contractual obligations, in particular those relating to timely payment, have been duly complied with.
8.2 No liability will be accepted for faulty deliveries or services of third parties that are contracted for on behalf of the customer, provided that die messemacher did not perform an intentional or grossly negligent breach of the duty of care in the selection and monitoring of said third-party companies. The customer may request the assignment of the claims of die messemacher against the third party if applicable.
8.3 Unless otherwise agreed upon, die messemacher is not liable for items brought in by the customer provided that step did not cause intentional or grossly negligent damage to or destruction of said objects.
8.4 Claims for damages of any kind, including damage that did not occur on the deliverables themselves, for example, delay, impossibility of performance, positive breach of contract, fault upon conclusion of contract and tort are excluded, provided the damage is not caused by willful or grossly negligent acts and provided the exclusion of the replacement does not jeopardize or endanger the fulfillment of the contract.
8.5 The liability for untypical (consequential) damages is excluded. This also applies in cases of gross negligence.
8.6 As long as damage brought about by die messemacher is not caused intentionally or by gross negligence, the liability is limited to 10% of the agreed fees for die messemacher, up to a maximum of EURO 25,000.00.
8.7 If gross negligence on the part of die messemacher is proved, liability for damages is limited to the amount of die messemacher's fees.
8.8 The limitation of liability will apply to the same extent for the agents of die messemacher.
8.9 Compensation claims under the Product Liability Act shall remain unaffected.
9. Trade mark rights
9.1 All intellectual property in connection with the services to be provided by die messemacher or their employees or their - on behalf of the customer - authorized third parties (copyright and related rights, trademarks, protection of related rights under competition law, patent rights), shall remain, unless otherwise explicitly agreed upon, exclusively with die messemacher. The transfer of rights of use and exploitation requires written agreement and shall only apply to the actual trade fair/event. Changes of concepts, drafts, etc. may only be undertaken by step one or persons expressly charged by die messemacher.
9.2 The customer is entitled to use the concepts, drafts etc. of die messemacher for the purposes provided by the contract; reproduction is permitted only with the express prior consent of die messemacher. Printing templates, working films and negatives which are produced by die messemacher or on its behalf shall remain the property of die messemacher, even if they are invoiced to the customer.
9.3 With regard to the execution of contractual orders according to information or documents provided by the customer, the customer assumes the liability for ensuring that the property rights of third parties are not infringed upon by such manufacture and supply of services executed according to said information and documents. die messemacher is not obliged to examine whether or not the information or documents provided by the customer for the performance of services violate or could violate the property rights of third parties. The customer is obliged to indemnify die messemacher against any and all third party claims, to promptly make payments for any damages resulting from the violation of property rights, and to make advance payments if requested.
9.4 die messemacher is entitled to record the event and use the recordings along with background information about the project for the purpose of documentation as well as for self-promotion.
10. Retaining documents
die messemacher retains the documents relevant to the order for a period of 6 months. When providing original documents or templates (disks, slides, etc.), the customer is obligated to produce duplicates. For customer documents or templates that are not reclaimed within one month of completion of the order, die messemacher does not assume any liability.
11. Payment terms
11.1 die messemacher is entitled to invoice each service immediately after its delivery.
11.2 Invoiced amounts shall, unless otherwise agreed upon, be due immediately upon receipt of invoice.
11.3 In addition, die messemacher is entitled to demand advance payments to cover its expenses as follows:
70% of the agreed-upon fee when placing the order
30% of the agreed-upon fee at the latest 14 days before the first trade fair/event day
In the event that the customer pays no or less than 70% of the total order amount when placing the order, the customer is obliged to provide a security in the form of a directly enforceable guarantee from a major German or German bank in the amount of the outstanding order amount in favor of die messemacher. The contributions to the Künstlersozialkasse (current rate: 5.2%) incurred by artists within the meaning of the Act and to be paid to the respective places as well as any income and value added tax which may be incurred and withheld by the artist will be charged further. Any additional costs incurred will be listed in the final bill.
11.4 Deductions of any kind are excluded. Advance payments will not earn interest.
11.5 If payment is still outstanding after an overdue notice, die messemacher shall be entitled, without prejudice to further claims, to require damages for delay in the amount of the usual minimum interest charges and commissions charged by the major banks (at least, however, 5% above the reference rate of the European Central Bank). The right to prove a lesser extent of loss or damage shall remain unaffected.
11.6 die messemacher is further entitled, in the event of a default in payment after the setting of a deadline with notice of refusal, to withdraw from the contract and to claim damages for non-performance. For the amount of damages, the rule under clause 6.3 of these terms applies.
11.7 In the event of a default in payment after the setting of a deadline, die messemacher shall also be entitled to terminate for important reasons, with immediate effect and without notice, the tenancy of rented trade fair booths and to prohibit the tenant from further use.
11.8 Furthermore, die messemacher reserves the right to claim the lien of the lessor.
12. Offset and transfer
12.1 The customer may only offset undisputed or legally established counterclaims.
12.2 The customer's rights under this contract are transferable only with the prior consent of die messemacher.
13. Data privacy
It should be noted that data collected within the scope of the business relationship or from persons involved therein, whether they are from die messemacher or a third party, will be processed in accordance with the Federal Data Protection Act.
14. Place of execution and court of jurisdiction
14.1 The place of execution and jurisdiction for all disputes arising from the contractual relationship between the parties disputes is Hamburg, as long as the customer is a registered merchant, legal entity under public law or special fund under public law.
14.2 The contractual relationship shall be governed by German law.
15. Final provisions
If any provision of these terms and conditions is invalid or void, the validity of the remaining provisions shall not be affected thereby.