General Terms and Conditions
of Messebau Siehr GmbH
All legal transactions and offers of Messebau Siehr GmbH are based on the following terms and conditions of business. Customer terms and conditions that differ from these terms and conditions are not valid; this applies even if there is no express objection to the former. These terms and conditions apply both, rented fair stands and customized fair stands, which are offered for sale.
The system stands are only available for hire for the duration of the exhibition. Therefore, expressly all supplied parts are only let unless the parts are expressly designated as being for sale in our quotation and/ or in the order of confirmation.
Offers which we submit are only to initiate a contract and are subject to change and non-binding unless the ordering customer confirms the order in writing.
If we do not contradict the confirmation order, then the contract is regarded as concluded.
All agreements, orders, amendments and require written form.
These general terms and conditions constitute part of our order confirmation. This is pointed out on all correspondence with our customer.
All prices are quoted net exclusive currently applicable VAT. The price does not include the exhibition own stand rental costs, connection costs, costs for approval procedure (e.g. structural calculations) as well as all type of fees which are charged by exhibition corporations. Furthermore, also the costs for waste disposal, disposal of the floor coverings and nonrecyclable and other residual waste, as well as all operating expenses such as electricity, water consumption etc.
Additional services become valid by virtue of a new order confirmation or the customer’s signature.
Terms of payment:
For rented fair stands and purchased customized fair stands the customer has to pay 50% of the total amount (unless written otherwise) by ordering and the other 50% with delivery of the stand. The invoice has to be paid fully before the exhibition opens. If the amount is not paid in full, Messebau Siehr GmbH has the right of retention of the stands until it is fully paid. In particular, Messebau Siehr GmbH is authorized to refuse the handing over of the stands. If an event will be postponed or canceled, the total amount of the order will due minus assembly and disassembly.
Delivery time and default of delivery:
Messebau Siehr´s compliance with its obligations in respect of delivery and performance requires the timely and proper fulfillment of the customer’s obligations. This includes the timely receipt of all documents to be provided by the customer, the timely clarification and approval of plans, the absence of any construction obstacles and/ or hindrances and the observance of the agreed payment terms. If delivery on our part is delayed or rendered impossible due to unavoidable circumstances beyond our control, then Messebau Siehr GmbH shall be released from our obligation for the duration of the hindrance and its repercussions. Claims for damages against us are excluded. Especially in case of force majeure, official measures, operating or transport disturbances.
In the event of a postponement of the event, Messebau Siehr GmbH can reject assembly and disassembly as well as logistics if this cannot be implemented due to operational and order reasons. However, the material is made available to the exhibitor so that assembly can take place via the exhibitor himself or his subcontractor.
Limitations of liability:
We shall be liable in accordance with the legal provisions for damage resulting from the injury of life, the body or health. In case of other damages, we shall only be liable if they are caused by intent or gross negligence. We also shall be liable for other, caused by negligence, where such damage is based on the violation of an essential contractual obligation, whereby the level of damage claims shall be limited to the foreseeable damage. The aforementioned regulations of liability apply to statutory claims as also for contractual claims and in particular to claims for compensation of damages based on warranty regulations.
Display cases, cabinets and other lockable furniture are not burglar-proof. The locking mechanisms used are only intended to serve as a psychological deterrend to burglars. Therefore, we recommend to order security guards at the exhibition organizer. We also advise our customers
to take out additional booth insurance. Messebau Siehr GmbH is not liable for any objects which are left behind at the stand by the customer.
The customer is responsible for any graphics and all other documents drawn up, applied or set up by Messebau Siehr GmbH. Messebau Siehr GmbH neither does not verify any infringement of intellectual property rights nor the accuracy of the graphics or documents. The customer shall
exempt Messebau Siehr GmbH from any claims in consequence of a violation of rights, any typing errors or defects in colors.
Copyright and other industrial rights:
Draft documents, planning, drawing, production and assembly documents as well as the design and the description of the concept shall remain our intellectual property. The customer is not entitled to replicate the resulting documents, to use them itself or pass them on to third parties without the written permission of Messebau Siehr GmbH. In particular the customer is not allowed to build replicas from them. In case of the customer violates copyrights or industrial property rights he has to pay a contractual penalty. If the customer has bought a customized fair stand (not for rented stands) the copyrights will be transferred automatically to the customer.
Messebau Siehr GmbH has the right to publish any pictures of the performed services free of charge and without prior consent and use them for their own advertising purposes.
Messebau Siehr GmbH is entitled to process and store the data on the customer received in respect of business relations or in connection with them, regardless of whether such data comes from the customer or third parties. The storage and processing shall be carried out in accordance with
the German Data Protection Act. Messebau Siehr GmbH guarantees that customer data will not be passed on if it is not required for the purpose of fulfilling the order.
Place of performance and jurisdiction:
The place of fulfillment for customer payment is Bergisch Gladbach/Cologne.
The law of the Federal Republic of Germany shall apply to all legal business relations between Messebau Siehr GmbH and the customer.
Place of jurisdiction for both parties shall be Cologne (Bergisch Gladbach).
If one of the provisions of these terms is or becomes ineffective, the effectiveness of the remaining provisions of these terms and conditions are unaffected.
Messebau Siehr GmbH reserves the rights to adapt these general terms and conditions to the applicable court decisions at any time and without advanced notice.