1. General terms and conditions
The customer accepts these Terms of Sale and Delivery upon placing an order.
All terms and conditions of business contrary to these are herewith contradicted.
Our offers are not containing – unless otherwise agreed in written - the
additional costs like stand rental, power connection, water connection, telecommunication
port and rigging, etc. These costs will be invoiced direct to the trade-fair
organiser. In the case of plan changes, each change of the plan after the third
such change is subject to a flat-rate charge of EUR 25.00. Once the stand set-up
period has commenced, any changes to the stand layout can only be carried out
subject to the feasiblity of the change concerned and additional costs (hourly
rate EUR 50.00).
Plans, designs and drawings with all attaching rights will remain in the possession of the lessor even if the plans has been handed over to the lessee. No pro-rata repaymant of rental costs is made for such items supplied as basic, standard equipment as are not needed by the exhibitor. Nor can the items concerned be swapped or set off against other services by way of payment. All delivered parts are leased. As a rule the rented goods are used several times for exhibition purposes and therefore are not necessarily brand new.
2. Conclusion of a contract
Our offers are, unless otherwise agreed in writing, subject to change without notice and not binding. All contracts are considered to be legally concluded on dispatch of our written confirmation of order, at the latest on execution of the delivery or service.
3. Termination of an agreement
Both parties are eligible to cancel the contract during the term for good reason.
We have the right to implement the contract, in full or in part, with or without
liberating effect, with the same conditions for us by a third party. If we are
made aware of any loan impairment of the customer, we may make the fulfilment
resp. the further fulfilment of the contract depending on a cost-covering prepayment,
notwithstanding further rights.
In case of withdrawal from the contract due to reasons we have no responsibility for, the agreed price plus VAT becomes due as follows:
• cancellation up to 90 days
before the event:: 30 %
• cancellation up to 30 days
before the event: 50 %
• cancellation up to 14 days
before the event: 80 %
• cancellation up to
another later date: 100 %
The incurred costs for third-party services shall be additionally paid.
Our prices are calculated in EURO, price changes, printing errors and errors excepted. If orders have been placed less than 3 weeks before a fair trade, handling costs of 20% of the basic stand prices will be charged. For further details and changes please contact 2-FAIR, phone +49 2196 88 40 494.
The delivery, without exception, occurs at the expense and risk of the customer. Transportation insurances are only effected at the express instruction of the customer, the customer bears the cost of insurances. The method of shipment will be taken by the customer. If the shipment is not expressly chosen by the customer, the decision is ours to make. The delivery date is deemed to be fulfilled and the risk is passed to the customer as soon as the delivery was taken over by the person in charge of the transportation. In the case of higher force, which also includes material procurement difficulties, operational disturbances, strikes, official measures, etc.- including those which occur at our pre suppliers – we are not responsible for delivery and performance delays even if dates and deadlines have been agreed with binding force. In case the delays continue for more than 8 weeks the customer shall be entitled to withdraw from the unfulfilled part of the agreement after granting a reasonable deadline extension. Advanced claims for compensation of any type are excluded. We are expressly entitled to partial deliveries and performances. The consignee is obliged to examine the goods for transportation damage immediately on delivery and to report the damage to us and the carrier in writing. In case the ordered elements should not be available we reserve the right to deliver substitute products of an equal or higher quality.
Recognisable defects must be reported immediately after receipt of the delivery, defects that are not immediately apparent must be reported as soon as they are discovered, in both cases in writing. In case of a legitimate and due time claim, then the customer shall be entitled to supplementary perfomance in the form of rectification of defects, replacement or product reimbursements, at our option. When hiring of lightings, we give no guarantee for the illuminants. Advanced claims for compensation of any type are excluded.
7. Conditions of payment
Invoices shall be paid in full without loss to us. With delay of payment of the buyer we are entitled to charge default interest of 6 % above the respective discount rate, at least 12 %, and every outstanding, also deferred claims, and insist on payment in cash or the furnishing of security. The purchaser is not entitled to withhold payments on account of warranty claims or to offset other counter-claims not recognised by ourselves. Unless otherwise agreed, the following payment terms shall apply: 50 % of the total claim due on order. Outstanding claim becomes payable by check at the time of delivery or transfer. Production takes place after receipt of payment. The risk of production delays / impossibility due to late receipt of payment borne by the client.
The lessee shall bear the absolute responsibility for the rented items and agrees to replace the goods stipulated in the contract value in case of loss, destruction or damage immediately. This applies in particular to damage caused by third parties and acts of God. The tenant agrees to the above rental equipment, careful treatment and accordingly, in full working order in time to return to us. In the event of a late return or a return in the not working condition, the tenant is obligated to rent, for every day of late return, or for the restoration of the functioning of the lease period necessary to pay to continue to us, without prejudice to further claims for damages. This also applies to contractually agreed upon collection by the landlord, unless it has reasons for which the tenant can not be performed. Damage to the stand as well as theft of parts must be known at once reported to be 2-FAIR. Damaged walls and is priced at € 145, - is charged. Cabs and lockable furniture pieces are not burglar-proof. The appointment of a security guard is advisable, therefore, urgently. It is recommended to the exhibitors also urgent, both all rented, as well as exhibits or similar in an appropriate way to insure (value about € 500, - per m2 stand). The landlord is liable at any time for any items left on the stand. By the tenant, no unauthorized structural changes made to the rental and not the walls glued, nailed or otherwise damaged. Montage of images and graphics only after consultation with the trade contractor. The removal of adhesive residues will be charged to the tenant at cost in accounting. For items remaining on the stand assumes no liability of landlords. The keys remain for the duration of the lease with the tenant. For the opening of booths, etc. because of forgotten or lost keys after the handover to the tenant a fee of € 50, - will be charged. Lost keys are with € 50, - each piece made in accounting.
9. Retention of title
All deliveries are subject to retention of title. Until payment of all our claims to the buyer ownership of the delivered goods will remain with us. The transfer of ownership of the goods to buyer, even in the event of processing with other goods to a new thing, is excluded. The buyer now has its claims from the resale of the goods, even in the event of processing with other goods to a new thing to us. At our request, the buyer has to provide us with the debtors of assigned claims and notify debtors of the assignment. A pledge or security transfer of ownership of the goods is prohibited. If the buyer defaults on payment, we reserve the right to reclaim the reserved goods. This action does not constitute withdrawal from the contract.
If any provision of these terms and conditions or other agreement is invalid, the validity of the remaining provisions shall not be affected, instead of the invalid provision shall be the purpose of determining the closest.
Of fulfillment and jurisdiction is Wermelskirchen.