General Terms and Conditions
This statement was last revised on 12 January 2022.
Please be aware that only the latest version of our terms and conditions applies.
Desktop view is preferred.
§ 1 General
1) All legal transactions and offers made by M&W Messe & Wohndesign GmbH, hereinafter referred to as the Contractor, are based exclusively on these General Terms and Conditions. Any terms and conditions of the Client that deviate from these Terms and Conditions require the written consent of the Contractor. Otherwise, conflicting clauses shall not form part of the contract.
2) These General Terms and Conditions shall also apply to all future legal transactions.
3) All exhibition stands are generally provided for rent for the duration of a trade fair. Therefore, all delivered parts are expressly rented only, unless the parts are expressly identified as purchased parts in the offer and/or order confirmation.
§ 2 Conclusion of contract
1) Offers submitted by the contractor serve only to initiate the contract and are subject to change and non-binding, unless they have been declared binding in writing. The contract shall only be concluded if the contractor sends the client an order confirmation after the order has been placed in writing and a down payment has been paid in accordance with § 5 Terms of payment within the specified period. If this order confirmation is not rejected within 14 days, the contract shall be deemed to have been concluded.
2) All agreements, orders, changes and cancellations must be made in writing. If the client has not received an order confirmation 14 working days before the delivery date or start of installation, the contractor must be notified immediately in writing.
3) If the client withdraws from the order after the order confirmation and down payment request have been sent, the contractor is entitled to compensation. The amount of this compensation shall be based on the time remaining until the confirmed date and the associated progress of the preparatory work. In the event of withdrawal up to 28 days before the confirmed date, the compensation shall amount to 25% of the order value, but at least EUR 1,000.00. If the order is cancelled up to 10 days before the confirmed date, the compensation shall amount to 65% of the order total. If the order is cancelled after the start of construction, assembly or delivery, the full order total shall be due.
4) These General Terms and Conditions are an integral part of the contractor’s order confirmation. A corresponding note is included in the contractor’s correspondence with the client.
§ 3 Prices
1) Unless otherwise agreed, all prices are subject to statutory German value added tax. Unless otherwise agreed, all rental prices apply for the respective trade fair period.
2) The price does not include the costs of the respective exhibition company, connection costs, costs for approval procedures (e.g. structural analysis) or fees of any kind (e.g. costs for suspension points) charged by exhibition companies. This also includes the costs for waste disposal of floor coverings and other residual waste, as well as all consumption costs such as electricity and water costs.
3) Special work or change requests by the client that are not included in the original order will be charged separately. This also applies to flat-rate orders. If this work is carried out on Saturdays, Sundays, public holidays or at night, the contractor is entitled to a corresponding surcharge on the labour prices stated in the offer.
4) For meetings requested by the client after the order has been placed, reasonable travel, meal and accommodation costs may be charged in addition to the time spent.
§ 4 Delivery time and delay in delivery
1) The contractor’s compliance with its delivery and service obligations is subject to the client’s timely and proper fulfilment of its obligations. This includes the timely receipt of all documents to be supplied by the client, the timely clarification and approval of plans, no on-site obstructions, compliance with the agreed terms of payment and other obligations of the client. If these conditions are not met in a timely or complete manner, the delivery period shall be extended accordingly.
2) The delivery period is subject to unforeseeable obstacles beyond the contractor’s control. In particular, this includes cases of force majeure, official measures, transport and operational disruptions.
§ 5 Terms of payment
1) Payment must be made immediately upon receipt of the invoice without deduction.
2) For all exhibition stands, we charge 50% of the order amount upon placement of the order and 50% of the order amount by the confirmed date. In the event of improper or late payment, the contractor shall be entitled to retain the delivered or assembled goods until full payment has been made.
3) The customer shall only be entitled to set-off rights if their counterclaims have been legally established, are undisputed or have been recognised by us.
4) In the event of default in payment, the contractor is entitled, after setting a reasonable deadline, to withdraw from the contract without threat of rejection and to claim compensation for planning and preparation services rendered. In the event of default in payment after services have been rendered, a processing fee of EUR 40.00 will be charged for each reminder letter. Default interest will be charged in accordance with the statutory provisions.
5) Bills of exchange shall not be accepted. If payment is made by cheque, the client shall bear the costs of collection.
6) Cheques shall only be deemed payment once the equivalent value has been credited to the contractor’s account. Discount charges and all ancillary costs shall be borne by the client.
7) Payments shall be made exclusively to M&W Messe & Wohndesign GmbH.
§ 6 Coverage commitment
1) The client assures that at the time of placing the order, they have sufficient financial resources to pay for this delivery or service. Any economic or financial payment problems that arise subsequently must be reported immediately. In the event that the client is unable to pay the contract price in full, the contractor may withdraw from the contract.
2) All orders agreed with the contractor are covered by a credit insurer. If the contractor does not receive a cover note from its credit insurer, it is entitled to withdraw from the contract or to demand 100% payment in advance.
§ 7 Security measures: Obligations of the exhibition customer
1) Cabins, display cases and other lockable furniture are not burglar-proof. The locking mechanisms serve only as a psychological deterrent to burglary. It is therefore strongly recommended that stand security be ordered. It is also recommended that the customer insure both the entire rental property (exhibition stand) and exhibits or similar items in an appropriate manner. The contractor is not liable for items left at the stand by the client.
2) Graphics and other documents to be produced, affixed or displayed by the contractor on behalf of the client are the responsibility of the client. The contractor shall not check for any infringement of property rights or the accuracy of the documents. The client shall indemnify the contractor against any claims for damages arising from legal violations or typing and colour errors.
§ 8 Storage
As a rule, no items belonging to the client will be stored. If storage is desired in individual cases, this requires that a corresponding written order has been placed and confirmed. The contractor shall only be liable for stored items in cases of intent and gross negligence. The client is advised to insure the items stored at M&W Messe & Wohndesign GmbH in accordance with their requirements as part of their business insurance.
§ 9 Transport
As a rule, no items belonging to the client are transported, as only company transport is carried out in accordance with § 9 GüKG (German Road Haulage Act). If the transport of exhibition goods, including insurance, is desired in individual cases, this requires that a corresponding written order has been placed and confirmed.
§ 10 Regulations for rental agreements
1) The rental goods shall be provided exclusively for the agreed purpose and period. Ordinary termination of the rental agreement is excluded. Subletting is only permitted to co-exhibitors at the same exhibition stand, whereby liability for the rental goods remains with the client.
2) The contractor is entitled to inspect the trade fair or exhibition stand at any time to ascertain its existence and condition.
3) The condition and completeness of the rental items must be checked by the client upon receipt. A handover report shall be drawn up upon handover (acceptance). Acceptance shall take place at the agreed time. The client is obliged to accept the items, provided that the conditions are met. If the client or a person appointed by them is not present at the agreed handover time, the contractor shall wait for 1 hour without incurring any costs. If the handover time is exceeded by the client by more than 2 hours, the exhibition stand and the rental items shall be deemed to have been handed over correctly and free of defects, even if no signed handover report could be drawn up.
4) As the rental items are generally used materials and items, normal signs of wear and tear do not justify any claims for repair, replacement or return. This also applies to colour and surface variations typical of the material. The rental items will be cleaned after completion of the exhibition stand. No repairs can be requested for dirt caused by the surrounding exhibition construction work in the exhibition hall. It is strongly recommended that professional stand cleaning be commissioned for the evening before the start of the exhibition, as experience has shown that the dust in the exhibition halls only settles on the evening before the exhibition.
5) The risk of accidental loss or damage is transferred from the contractor to the client when the rental items are handed over. Loss of or damage to the rental items must be reported by the client to the contractor immediately. The client’s risk ends when the goods are returned to the contractor. If the client leaves after the end of the trade fair, all mobile items such as chairs, stools, brochure stands, etc. must be locked in the booths as far as possible and the keys must be deposited at the agreed location.
6) The client shall be liable, regardless of fault, for all loss and damage to the rental property during the period in which the rental property is in his care. He shall reimburse all necessary expenses for the manufacture or repair of the rental property, up to a maximum of its value at the time of handover to him. It is recommended that the rental property be insured against loss, damage and vandalism at the client’s expense.
7) The rental agreement ends at the end of the respective event (trade fair) and dismantling begins immediately after the end, unless otherwise agreed. Items left behind at the rental stand will be disposed of without compensation.
8) The client is responsible for the care and supervision of the entire rental object from the time of handover. If the client violates the duty of care and supervision, he shall compensate for the damage caused thereby.
9) No pro rata rental refund shall be made for items included in the order confirmation that the client does not require in individual cases. These items cannot be exchanged or offset against other services.
§ 11 Limitation of liability
1) The contractor accepts no liability for any damage caused by force majeure (e.g. power failures, natural disasters or traffic disruptions), network and server errors, line and transmission faults, viruses or postal service disruptions.
2) In the event of cancellation of the trade fair (e.g. due to official bans or on the basis of the Infection Protection Act, etc.), the contractor shall charge the client for the costs incurred up to the time of cancellation.
3) The contractor also accepts no liability for damage to the client’s hardware and software caused by the unknowing transmission of documents by email that have been infected by a virus.
4) The contractor shall not be liable for damages and consequential damages if the client itself or third parties have altered or falsified the materials, documents or information provided to the contractor.
5) If, at the client’s request, the contractor commissions external services in the client’s name and on the client’s account, the contractor shall not be liable for the services and work results of the commissioned service providers.
6) The contractor shall be liable for damages resulting from injury to life, limb or health in accordance with the statutory provisions. Liability for other damages shall only be assumed in cases of intent and gross negligence. The contractor shall also be liable for other damages caused by negligence that are based on the breach of a material contractual obligation, but limited to foreseeable damages. The above limitations of liability apply to both statutory and contractual claims, in particular claims for damages based on warranty provisions.
§ 12 Warranty
1) Complaints regarding obvious defects and deliveries and services must be made in writing immediately, at the latest within 10 days of the delivery arriving at its destination. In the case of deliveries and services relating to trade fair and exhibition items, complaints must be made in writing immediately, at the latest within 24 hours of taking over the trade fair and exhibition stand. The aforementioned complaints must be addressed exclusively to M&W Messe & Wohndesign GmbH in writing.
2) The contractor has the right to repair and replace the goods. The contractor may also make several repairs.
3) If the client prevents the contractor from carrying out the repair work, the contractor is released from liability.
4) In all cases, the warranty is subject to all payments having been made in advance.
5) The contractor does not accept any warranty for normal signs of wear and tear. The client is liable for accidents, property damage, etc. caused by improper use.
§ 13 Copyright and other intellectual property rights
1) The design documents, planning, drawing, manufacturing and assembly documents, as well as the design and concept description, remain the intellectual property of the contractor. The client is not entitled to reproduce, use or pass on the resulting documents to third parties without the contractor’s consent. Nor is the client entitled to create replicas based on these documents.
2) If the client infringes copyrights or property rights, they shall pay a contractual penalty amounting to 75% of the order value agreed between the parties, but at least EUR 5,000.00. The contractual penalty shall be offset against any claims for damages. Claims for injunctive relief remain unaffected.
3) Even after payment of the agreed price, the contractor shall retain the copyrights to the aforementioned documents.
4) The contractor is entitled to affix its company name or that of the company commissioned by it, in an appropriate size, to the items manufactured by it or in accordance with the client’s plans. The contractor is also entitled to publish images of the delivered services or use them for advertising purposes free of charge and without the separate consent of the client.
5) If the client provides the contractor with planning documents, the client shall guarantee that the manufacture and delivery of the work produced in accordance with the planning documents does not infringe the property rights of third parties. The contractor is under no obligation to check whether the documents provided to it by the client are subject to third-party property rights. If the client is held liable for damages by a third party due to an infringement of property rights through the use of the documents provided by the client, the client shall indemnify the contractor against all present and future claims.
§ 14 Right of retention
In the case of a purchase, the goods remain the property of the contractor until full payment has been made, even if they have been installed or assembled.
§ 15 Processing of data
The contractor is entitled to process and store data relating to the client obtained in connection with the business relationship, regardless of whether this data originates from the client itself or from third parties, in accordance with the Data Protection Act. The contractor guarantees that no client data will be passed on unless this is necessary for the execution of the order.
§ 16 Place of Fulfilment and Jurisdiction
1) The place of performance for payment by the client is Düren.
2) The exclusive place of jurisdiction is Düren. In the event of disputes with clients whose place of residence or registered office is outside the territory of the Federal Republic of Germany, it is agreed that the law applicable in the Federal Republic of Germany shall apply exclusively.
§ 17 Partial effectiveness
1) Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions of these terms and conditions. Invalid provisions of these terms and conditions shall be replaced by provisions that come closest to the validity of the invalid provision of these terms and conditions.
2) The contractor reserves the right to amend these General Terms and Conditions at any time and without prior notice in order to comply with applicable law.
