AGB - Messe Masters

Allgemeine Geschäftsbedingungen

1. Scope

1.1 All services, offers, deliveries, order confirmations, and contract conclusions of Messe Masters are exclusively based on these general terms and conditions.

1.2 The inclusion of other general terms and conditions, particularly those of the client, is expressly rejected. This also applies if they are communicated to Messe Masters in a confirmation letter or in any other way. Deviating conditions require the express written confirmation of Messe Masters to be effective. This also applies to the waiver of the requirement for written form.

2. Offer, Contract Conclusion

2.1 The prices mentioned in the offers are non-binding and freely revocable until the order is placed. The contract conclusion only comes into effect through the order confirmation by Messe Masters or the signing of a contractual document.

2.2 The prices mentioned in the offer are valid for a period of 4 weeks from the date of the offer. After that, Messe Masters is entitled to revoke the offer at any time before the contract is signed and to quote a new price.

2.3 Attachments to the offers (drawings, samples, designs, plans, performance data, etc.) contain only approximate values unless they are expressly designated as binding.

3. Intellectual Property Rights

3.1 Designs, plans, drawings, manufacturing, and assembly documents remain the property of Messe Masters with all rights reserved. Changes to the documents may only be made by Messe Masters or by authorized persons. The transfer of ownership and usage rights as well as the authorization for reuse, reproduction, or duplication requires written approval. Messe Masters is entitled to use documents of the aforementioned type for advertising purposes.

3.2 When executing orders based on designs or drawing documents provided by the client, the client guarantees that third-party rights are not infringed. The client indemnifies Messe Masters from such claims for damages resulting from any infringement of third-party rights. In addition, the client is obligated to pay compensation.

4. Prices, Payment Terms

4.1 The mentioned prices include the relevant statutory value-added tax and are expressed in euros.

4.2 The charges for packaging, goods, shipping, insurance, and other expenses are not included in the pricing.

4.3 Unless otherwise agreed, invoices are to be paid as follows without deduction of discounts or other deductions: 50% upon order confirmation and 50% upon handover of the stand.

4.4 In case of late payment, Messe Masters is entitled to exercise a right of retention for all outstanding deliveries and services or to demand further advance payments not previously agreed upon.

4.5 If the contractor terminates the contract, Messe Masters is entitled to compensation for the services provided. These services include those provided by third parties that Messe Masters has commissioned to fulfill the contract. Additionally, Messe Masters has a flat-rate claim of 20% of the total contract value as compensation for the contract termination, unless the client proves a lower damage.

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5.1 The stand area must be available for setup according to the setup schedule. The stand area must be level enough for the exhibition stand to be set up and assembled without additional floor leveling elements.

5.2 In the case of unevenness, etc., Messe Masters will perform the necessary work to create a level floor covering. The costs for this will be billed separately by Messe Masters or the organizer.

5.3 Messe Masters is not responsible if due to inadequate floor conditions, the proper installation of the floor covering and/or assembly of the exhibition stand is not possible.

5. Exhibition Hall Floor

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6. Performance and Delivery Time

6.1 The completion of the contractual services will take place as agreed. Generally, no later than 6:00 PM on the day before the opening of the trade fair.

6.2 Messe Masters reserves the right to complete minor remaining work by the opening of the trade fair or exhibition, provided that it does not significantly impair the client’s ability to use the exhibition stand.

6.3 If completion is delayed due to events for which Messe Masters is not responsible, Messe Masters is entitled to either withdraw from the contract in whole or in part or to demand a reasonable extension of the delivery period and to claim the resulting additional costs from the client.

6.4 Insignificant deviations from the agreed services, which are technically necessary or required for other reasons, are permissible, as long as they do not impair functionality. Changes initiated by the client after the order has been placed will be charged.

6.5 Dismantling of the stand will take place no later than after the end of the trade fair. Furnishings and materials of the client or exhibitor must be removed immediately after the end of the trade fair so that dismantling can proceed without delay and obstruction. If furnishings, materials, or exhibits of the client or exhibitor need to be removed, disassembled, or packed, we will charge the costs incurred according to the effort. Items provided to the client for use must be returned in proper condition, especially cleaned. Damaged items that are no longer usable for Messe Masters will be charged to the client at the replacement price.

6.6 If Messe Masters is prevented from timely completion of the exhibition stand due to force majeure, e.g., strike, official orders, unpreventable transport delays, etc., the client will be notified as soon as possible. The client is entitled to immediate withdrawal. Claims for damages by the client due to non-compliance with the performance time are excluded unless the performance disruption is due to gross negligence or intentional breach of duty by Messe Masters or one of its legal representatives or vicarious agents.

7. Rented Items

7.1 Items that were taken into possession based on a rental agreement between Messe Masters and the client must be returned immediately after the end of the trade fair or event at the request of Messe Masters.

7.2 The items provided must be handled carefully by the client.

7.3 The client has no right of retention regarding the rented item in connection with any claims. The client is liable for all necessary repairs and restorations that are not due to normal wear and tear of the rented item.

7.4 Unless expressly agreed otherwise, rental costs are calculated on a calendar-day basis. The rental begins on the handover date and ends when the rented item is returned. If the customer returns the rented goods late, the full rent is due for each additional day.

8. Acceptance and Notice of Defects

8.1 The client is obligated to accept the work produced under the contract. Minimal flaws cannot hinder acceptance. The client agrees to be present on the day of acceptance or to be represented by an authorized person.

8.2 A work is also considered accepted if Messe Masters has set a reasonable deadline for acceptance after completion of the work and the client has not refused acceptance within this period by specifying at least one defect. It is expressly agreed that, in special cases, a one-hour acceptance period before the start of the trade fair is also considered reasonable.

8.3 Defects that are visible upon acceptance must be reported in writing immediately, particularly in such a timely manner that rework can still be carried out before the start of the trade fair. Minor differences in the colour tones of printed materials, films, surfaces, and coatings are not considered defects.

8.4 If the client uses the work or part of the work without prior formal acceptance, the work is considered accepted unless defects have been previously identified that would prevent acceptance.

9. Warranty, Liability

9.1 In the case of justified and timely notice of defects, the client’s claims regarding possible defects in the work or an item are limited to the right to subsequent performance. If subsequent performance fails twice, the client has the right to reduce the price or withdraw from the contract.

9.2 Further claims due to defects or other claims for damages, especially for consequential damages, are excluded unless there is intent or gross negligence.

9.3 Messe Masters is not liable for failures or delays caused by the client’s failure to make payments to third parties (e.g., costs for electricity, rent, transport, furnishings, etc.) in a timely manner.

10. Subcontractors

Messe Masters is entitled to use third parties at its discretion and choice for the purpose of fulfilling its delivery and performance obligations.

11. Insurance

11.1 The items provided to the client for temporary use must be insured by the client as part of an exhibition insurance policy from 6:00 PM on the day before the start of the trade fair until 7:00 AM on the day after the end of the trade fair.

11.2 The client assumes the responsibility for commissioning and the duty of supervision and care for the items provided by Messe Masters during the specified period.

11.3 The client is liable for damages caused by them or third parties during this period up to the amount of the insurance sum specified by us, regardless of whether these damages are covered by their insurance or not.

12. Offsetting, Right of Retention

12.1 The client may only offset claims against Messe Masters’ claims if their claims are undisputed or legally established.

12.2 The assertion of a right of retention or refusal to perform by the client due to unrecognized or not legally established counterclaims is excluded unless these claims arise from the same contractual relationship.

13. Retention of Title of Stands and Delivered Materials

13.1 All contractually owed transfers of ownership occur under the condition that all claims of Messe Masters arising from the business relationship with the client have been settled.

13.2 Without the express consent of Messe Masters, the client is not entitled to resell, process, or use the reserved goods in any way. Notwithstanding this, the client hereby assigns the claims from the resale of the reserved goods to Messe Masters, where the amount of the assignment corresponds to the final invoice amount (value of the delivery plus VAT). Messe Masters accepts the assignment.

14. Place of Performance and Jurisdiction

The place of performance is the headquarters of Messe Masters. The Regional Court of Berlin has jurisdiction over all disputes. The local jurisdiction is determined by the location of Messe Masters. The law of the Federal Republic of Germany applies to the terms and conditions and all legal relationships.

15. Final Provisions

Amendments or additions to this contract must be in writing. If individual provisions of this contract have not become part of the contract or are invalid, the contract remains effective in all other respects. In place of the invalid provision or the gap in the contract, a valid provision shall be deemed agreed upon that comes closest to the intent of the parties.