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Article 1 – Scope of these Terms & Conditions

 

  • The deliveries, services, and offers of agentur bauwerk e.K., a registered sole trader under German law [eingetragener Kaufmann, e. K.], owner: René Jupke, (hereinafter referred to as agentur bauwerk) are exclusively subject to the following terms and conditions of sale and rental. Therefore, these terms and conditions shall also apply to any future business relations, even if not expressively agreed upon anew in each case. These terms and conditions shall be deemed accepted at the latest upon acceptance of the goods or services. Counter-confirmations of the customer with reference to their own terms and conditions of business or purchase are hereby rejected.
  • Any agreements made between agentur bauwerk and the purchaser for the purpose of executing this contract must be recorded in writing.

Article 2 – Offer and conclusion of contract

 

  • The offers of agentur bauwerk are subject to confirmation and non-binding. Declarations of acceptance and all orders require agentur bauwerk’s confirmation in writing, by fax or electronic means to be legally valid.
  • Drawings, illustrations, dimensions, weights or other data concerning our performance are only binding if expressly agreed in writing. As a rule, agentur bauwerk prepare their offers based on measurements provided by the customer; agentur bauwerk do not accept any liability for the correctness of these data.
  • The employees of agentur bauwerk are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract.

Article 3 – Prices

 

  • Unless otherwise stated, agentur bauwerk is bound to the prices contained in their offers for a period of 30 days from the date of an offer. Otherwise the prices quoted by agentur bauwerk in the order confirmation plus the respective statutory value added tax shall be authoritative. All prices are for rental, unless otherwise agreed. Unless otherwise agreed, all prices are valid for the duration of the respective trade fair.
  • Unless otherwise agreed, prices do not include the connection costs on the trade fair side and fees of all kinds charged by trade fair companies, forwarding agents, dispatch service providers, customs authorities, etc.
  • Wage and freight cost increases which were not known at the time the contract was concluded can be passed on to the customer.

Article 4 – Time of delivery and performance

 

  • Delivery times and periods may be agreed upon in a binding or non-binding way and must be determined in writing. Stands will only be handed over after express agreement.
  • In cases of delays in delivery and performance due to force majeure and due to events, which not only temporarily make delivery considerably more difficult or impossible for agentur bauwerk – this includes, in particular, strikes, lockouts, official orders etc., even if they occur at suppliers of agentur bauwerk or their sub-suppliers –, agentur bauwerk will not accept any liability; this shall also apply to bindingly agreed periods and dates. Such circumstances shall give agentur bauwerk the right to postpone any delivery or performance for the duration of the impediment plus a reasonable recovery period or to fully or partly withdraw from the contract with respect to the part still not fulfilled.
  • agentur bauwerk are entitled to partial deliveries and partial performances at any time, unless the partial delivery or partial performance is demonstrably not of interest to the customer.
  • Compliance with the delivery and service obligations of agentur bauwerk presupposes the timely and proper fulfilment of the customer’s obligations. Any additional costs incurred by agentur bauwerk as a result of non-fulfilment of the customer’s obligations shall be borne by the customer.
  • If the customer is in default of acceptance, agency bauwerk is entitled to demand compensation for damages incurred by them; the risk of potential deterioration and potential loss passes to the customer with the occurrence of the default of acceptance.

Article 5 – Freight and packaging / Transfer of risk

 

  • The products of agentur bauwerk always travel at the expense and risk of the customer, unless otherwise agreed. Required packaging deemed necessary by agentur bauwerk will be invoiced separately. The same applies to goods provided by the customer for shipment by us.
  • Parts of the customer which are to be used in the manufacture or assembly must be delivered free works or assembly site on the agreed date. Unless otherwise agreed, the return of such parts shall be “carriage forward ex works” or “carriage forward ex place of use” at the customer’s risk.
  • Unless otherwise agreed, all risk shall pass to the customer when the goods leave the premises of agentur bauwerk or are made available to the customer. This shall also apply in cases where “carriage paid” delivery has been agreed.
  • If goods ready for dispatch cannot be delivered for reasons that are the responsibility of the customer, the risk shall pass to the customer on the day of readiness for dispatch. The services of agentur bauwerk are considered fulfilled after delivery of the notification of readiness for dispatch to the customer.

Article 6 – Acceptance / Delivery

 

  • Acceptance or delivery regularly and formally occurs immediately after completion. The customer undertakes to take part in the acceptance process on the agreed date and time either personally or represented by an authorized representative.
  • Any outstanding partial services or notified defects shall be rectified as quickly as possible. Unless they significantly impair the function of the subject matter of the contract, they do not entitle the customer to refuse acceptance.
  • If the customer started using the service or part of the service without prior formal acceptance, acceptance shall be deemed to have taken place with the act of use.
  • If deliveries and services of agentur bauwerk have been handed over to the customer on a rental basis, a formal handover of the rented object must take place at the request of agentur bauwerk immediately after the end of the trade fair. The customer is obliged to take part in the handover process on the agreed date and time either personally or represented by an authorized representative.

Article 7 – Warranty

 

  • The warranty is based on the provisions of the German Civil Code [Bürgerliches Gesetzbuch, BGB] on the contract for work and services [Werkvertrag]; in the case of rentals, the provisions of the respective rental agreement shall apply.
  • Under the warranty, the customer may initially only demand rectification of defects. The type and the manner of proper rectification shall be at the discretion of agentur bauwerk. agentur bauwerk is entitled to make replacement deliveries at any time. The customer can assert further claims, in particular claims for reduction in price or withdrawal from the contract, if two attempts to rectify the same defect have failed.
  • The warranty does not cover defects caused by natural wear and tear, moisture, excessive heating, improper handling or improper storage. In the same way, the warranty does not cover reasonable deviations in shape, dimensions, color, and quality of the material.
  • The customer is obliged to inform agentur bauwerk immediately of any defects and to give them the opportunity to make the corresponding findings.
  • If the notice of defects is given late or if reservations due to known defects were not made during acceptance, warranty claims shall lapse completely.
  • Warranty claims shall also lapse if customers make changes themselves or make it more difficult or impossible for agentur bauwerk to determine and rectify the defects, which is often the case with notifications of defects after the end of a trade fair.

Article 8 – Liability

 

  • Claims for defects and damages arising from the provision of supplies and services by third parties commissioned by agentur bauwerk on behalf of the customer are excluded, unless agentur bauwerk have violated their duty of care in the selection of the third parties in question.
  • agentur bauwerk are not liable for the goods of the exhibitor unless safekeeping has been expressly agreed in writing. In this case, agentur bauwerk are only liable up to the amount of the corresponding insurance benefits.
  • If only planning services and drafts are the subject matter of the contract, agentur bauwerk are only responsible for the fact that they are able to implement the plans or drafts accordingly themselves. Further claims are excluded.
  • We do not accept any liability for advice, information and other services given free of charge.
  • Claims for compensation for damages of any kind, including such damages which have not occurred to a delivered item itself, for example due to delay, breach of duty or tort, are excluded, unless the damage was caused by willful or grossly negligent action and unless the fulfilment of the contract is prevented or jeopardized by the exclusion of such claims for compensation. The limitation of liability applies to the same extent for the vicarious agents of agentur bauwerk. Claims for damages arising from damage to life, body and health as well as claims under the German Product Liability Act [Produkthaftungsgesetz, ProdHaftG] remain unaffected.
  • The customer shall be liable for all items lent and rented to him, including the exhibition booth, up to a total amount of the reproduction costs or, in the event of loss, up to the amount of the replacement value.

Article 9 – Creditworthiness

 

The creditworthiness of the customer is a prerequisite for the service obligations of agentur bauwerk. If customers have given incorrect or incomplete information about their identity or creditworthiness or have stopped their payments, or if bankruptcy or composition proceedings have been filed against their assets, agentur bauwerk are not obliged to provide services. In this case, agentur bauwerk may demand advance payment or other suitable security for their remuneration claims. If the customer does not comply with this request, agentur bauwerk may withdraw from the contract and claim damages.

Article 10 – Industrial property rights, drafts, drawings

 

  • Plans, drafts, drawings, manufacturing and assembly documents, concept descriptions etc. remain the property of agentur bauwerk with all rights attached thereto, even if they have been handed over to the customer. The transfer of ownership rights and rights of use requires an express written agreement.
  • Unless otherwise agreed in writing, changes to plans, drafts, concepts etc. may only be made by agentur bauwerk. This shall also apply if such documents have become the property of the customer.
  • If the customer hands over materials or documents for the production of the subject matter of the contract, the customer guarantees that the production and delivery of the work carried out according to their documents does not infringe the property rights of third parties. agentur bauwerk are not obliged to verify whether the information and documents provided by the customer for production and delivery violate the property rights of third parties. The customer undertakes to immediately indemnify agentur bauwerk from all possible claims for damages of third parties and to pay for damages arising from the infringement of property rights.

Article 11 – Terms of payment

 

  • Unless otherwise agreed, invoice amounts are due for payment immediately upon receipt of the invoice. Deductions of any kind are excluded. Advance payments do not bear interest.
  • Unless otherwise agreed, agentur bauwerk are entitled to issue interim invoices or to demand partial payments. Unless otherwise agreed in individual cases, payments are due as follows: 50% of the contract amount upon order confirmation; 25% of the contract amount 4 weeks before the start of construction at the latest; and 25% of the contract amount after the end of the trade fair.

Article 12 – Termination

 

  • The customer’s ordinary right to terminate the contract is excluded, in particular Article 649 of the German Civil Code [Bürgerlichers Gesetzbuch, BGB] shall not apply.
  • The right to terminate the contract for cause shall remain unaffected. However, the prerequisite for the latter is that an appropriate written request has been made to remedy the cause within a reasonable period of time and the period has expired without result. A cause exists, in particular, if the customer does not meet their payment obligations or violates their obligations under these Terms & Conditions.
  • In the event of termination by agentur bauwerk for cause or withdrawal for reasons under the customer’s responsibility, agentur bauwerk are entitled to demand lump-sum damages amounting to 40% of the contract value. The customer is at liberty to prove that no damage has occurred or that damage has not occurred in the specified amount. This shall not exclude the assertion of further damages.

Article 13 – Miscellaneous

 

  • agentur bauwerk are entitled to publish photographic material of the delivered service or to use it for advertising purposes free of charge and without the customer’s consent.
  • The customer is not entitled to sublet or otherwise transfer the use of delivered services to third parties without the prior written consent of agentur bauwerk. If such consent has been given, the customer is obliged to assign any claims against the subtenant or other third parties to agentur bauwerk without the primary duties of the customer under the contract having lapsed. This obligation does not apply if the customer has already announced the intention of subletting when concluding the contract (e.g. for jointly used booths).
  • Material supplied by the customer, exhibits of all kinds, decorative material etc. will be processed, transported and stored by agentur bauwerk at the sole risk of the customer. Any liability of agentur bauwerk is excluded.
  • When refrigeration units were provided, the customer is obliged to remove chilled goods after the end of the respective event. All goods still contained in refrigeration units are stored at the booth at the customer’s risk. Liability for losses of or damage to the chilled goods is excluded. agentur bauwerk are also not liable for the chilled goods in cases of failure of refrigeration units. The customer is obliged to ensure sufficient air supply when refrigeration units and refrigerators were provided. The devices may neither be pasted on nor painted.
  • The customer is aware that agentur bauwerk stores and processes the personal data of their customers in accordance with Articles 28 and 29 of the Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG] within the scope of the purpose of the contractual relationship.

Article 14 – Applicable law, place of jurisdiction

 

  • These Terms & Conditions and the entire legal relationship between agentur bauwerk and the customer shall be governed by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
  • If the customer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

Article 15 – Final provision

 

If one or more provisions of these General Terms and Conditions or any provision of any other agreements should be or become void, this shall not affect the effectiveness of the remaining provisions or agreements.

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