General Terms and Conditions
of ABC-Messe GmbH, Wuppertal –
hereinafter AN – shall be deemed as acknowledged by Client – hereinafter AG – when the order is placed.
- 1. The following terms and conditions shall be deemed as recognised for business transactions between the AG and AN when an order is placed and accepted, insofar as nothing to the contrary has been agreed in writing. Tacit acquiescence shall not automatically be deemed as consent.
- 2. The copyrights for our offers, drawings and all documents are held by the AN.
- 3. Documents may only be forwarded to third parties when the AN has given its written consent. They may neither be reproduced nor passed on to third parties. Further, they may not be used for any purposes other than those agreed upon.
- 4. Performance and delivery shall be effected for the account and at the risk of the AG. If the goods are dispatched by the AN at the request and expense of the AG , all risks shall pass to the AG upon delivery to an official representative of the AG. Delivery shall be effected "ex works" uninsured on all occasions. We shall not therefore be liable for any losses, damage to goods or pecuniary losses that may occur after delivery e.g. as a result of exceeding the delivery deadline or temporary loss. At the express request of the AG, however, it is possible to take out transport insurance at the expense of the AG. Delivery shall be effected within the agreed delivery period. Partial deliveries are possible and permissible. The delivery period shall be extended in the event of any unforeseeable or unavoidable occurrences. The AN shall immediately inform the AG in writing about any possible delays as soon as such occurrences become known. In other cases of delays in delivery, the AG may withdraw from the contract after having granting a one-month grace period for subsequent delivery. This subsequent delivery period shall commence upon receipt of a written request to render delivery.
- 5. All prices are quoted net, ex AN’s works, plus packaging, freight, possible road tolls, postage, insurance and the statutory level of value added tax. Packaging shall be invoiced by the AN at cost price and shall not be taken back.
- 6. Whenever there is a period of more than 6 months between placing the order and the delivery date, pricing shall be subject to any increases in wage and/or material costs. The AN shall then be entitled to adjust the prices.
- 7. Rental material shall be made available for the agreed purpose and for the agreed period. The hirer shall be liable for any losses or damage from the point of delivery till the point of collection by the AN, even although the hirer may already have left an exhibition stand. Material that is not returned shall be invoiced for at its replacement value. The AG shall be invoiced for any pre-ordered or reserved rental objects that are not taken-up. If the AN finds another usage generating the same rental income, the AG shall be charged 50% of the agreed charges. The lessor reserves the right to deliver equivalent other rented objects or to exchange the rented objects for equivalent other rented objects.
- 8. The storage of goods may be terminated in each case by providing 3 months’ notice to 30 June or 31 December in any one year. Insurance will only be taken out at the express request of the AG with the premiums being charged to AG accordingly. The costs for storage are to be paid half-yearly in advance. Amounts below € 100 per year are to be paid annually, but are also to be rendered in advance.
- 9. Should the economic or legal situation of the AG deteriorate, the AN may demand collateral security of an appropriate amount. If this is refused, the AN may withdraw from the contract. In this case, any outstanding amounts owed to AN shall need to be settled immediately by the AG. The AN reserves the right of lien on the stored goods.
- 10. Payments are to be rendered within 8 days of receipt of invoice, unless other agreements have been made. The right to offset counterclaims shall be excluded. Should payment not be made within this period, the AG shall be in default even without a reminder needing to be sent. In this case, interest shall be charged at a rate that is 3% above the Bundesbank (German Central Bank) discount rate. Payments by bill of exchange shall be expressly excluded.
- 11. The delivered goods shall remain the property of the AN until final settlement of the invoices. If the AG sells the delivered goods, same hereby already assigns its rights to the AN until all claims have been settled in full. The AG shall provide the AN with information about the whereabouts of the goods at all time. The AN shall be responsible for asserting claims for damages. If the goods belonging to the AN are seized whilst in the custody of the AG, the AG must inform the AN of this immediately and inform the pledgee of the retention of title. There shall be neither a connected nor non-connected right of lien for the AG.
- 12. The AN shall be informed of any complaints and/or notices of defects exclusively in writing upon receipt of the goods, at the latest after 8 days. A right to transformation, price reduction, withdrawal or assertion of claims for damages shall only exist to the extent that the AN has caused such damage through gross negligence or with intent. The warranty for buildings and for wood diseases is 2 years. The maximum liability per claim including pecuniary loss shall be € 20,000. Higher liability in individual cases shall require the written agreement and acknowledgement of the AN.
- 13. The AG may not transfer its contractual rights to third parties.
- 14. The terms and conditions indicated above in their latest version shall apply to all subsequent transactions. All logistics services shall additionally be subject to the “AdSp” (Standard Terms and Conditions for German Freight Forwarders) in their latest version.
- 15. The prices quoted shall also apply to all repeat orders.
- 16. Place of performance and legal venue shall be Leverkusen. This shall also apply to all transactions agreed with the AG abroad.
- 17. Should any individual provision of the contract be invalid or amended, this shall not affect the remaining provisions.
- 18. Any amendments will need to be confirmed in writing to be valid.
- 19. Amendments to the General Terms and Conditions are possible without any prior notification.
- 20. Any amendments will be made public on the Internet under www.abc-messe.com.
ABC-Messe GmbH Wuppertal
As of 1 January 2017