General Terms and Conditions of Melles & Stein Messe-Service AG, hereinafter referred to as Melles & Stein
1) The following terms and conditions apply exclusively to all deliveries and services. This also applies if the contractual partner expressly refers to its own terms and conditions or places the order according to its own contractual terms. Any agreements to the contrary must be accepted by us in writing, otherwise these shall not be binding on us.
2) Offers made by Melles & Stein are subject to change without notice unless otherwise stated in the offer. Contracts become legally effective on receipt of your written order confirmation, the signing of our offer or the placing of an order by e-mail. Any oral or telephone commitments and agreements must be confirmed in writing by Melles & Stein and are only legally binding after written confirmation. In case of withdrawal from the contract up to 4 weeks before the start of the trade fair, a compensation of 50% of the order value is to be paid, in case of a later withdrawal the full order value is to be paid. The right to provide proof of higher or lower damages remains unaffected. The client provides a permit to access the exhibition hall.
3) All prices are net prices plus VAT. An advance payment of 100% of the expected total invoice amount becomes due upon the placement of the order, but no later than four weeks before the start of the event. The execution of the order depends on the timely receipt of the payment on account and is at the discretion of Melles & Stein if the deadline is exceeded. The outstanding balance is due on receipt of the final invoice. Melles & Stein does not accept cheques as means of payment. Failure to meet the agreed payment date results in default without the need for a reminder. Default interest will be charged in the amount of the customary current account interest. In case of bank transfers from abroad, the client has to bear the processing fees for bank transactions.
4) Any complaints with regard to non-contractual delivery (missing quantities, incorrect articles) must be reported immediately to the supplier at the place of delivery and noted on the delivery note. Otherwise the delivery is deemed to have been accepted without complaint. If the supplier does not meet any employee of the client at the agreed delivery time, the delivery is also deemed to have been accepted without complaint. Any complaints made at a later date will not be accepted. Complaints regarding the proper condition of the rented goods must be made within 24 hours of acceptance. Any complaints made at a later date will not be accepted. All rented items must be cleaned and ready for collection after the end of the event. If this is not the case, we charge € 30.00 per hour/person for the time spent on clearing up, packing and cleaning. The client is liable for any damage and loss of rented items, irrespective of whether they were caused by employees, customers, guests, service personnel or other trade fair personnel. Any liability begins with acceptance of the rental equipment and ends at the agreed pick-up date. In the event of a write-off or loss, the client must reimburse the replacement value (original price).
5) Deliveries and services are provided on time on the agreed date. Minor delays do not entitle the client to refuse acceptance of the delivery. Insofar as the delay is not minor, but the client's interest in the delivery and service still continues to exist, the client is obliged to accept the delivery and services. In the event of force majeure, there is no delay in delivery. Slight deviations from the quality of the goods to be delivered are permissible provided these have not been explicitly guaranteed as binding.
6) Melles & Stein is liable for its own fault or that of its vicarious agents only in the event of gross negligence or intent.
7) Should one of the above conditions be ineffective, this does not affect the effectiveness of the remaining conditions. Any goods delivered by Melles & Stein remain the property of Melles & Stein until payment has been made in full. Neither the client nor Melles & Stein may entice away employees of the contractual partner during or after the term of the contract.
8) The place of jurisdiction for national and international disputes is exclusively Wuppertal. The governing law is that of the Federal Republic of Germany.
Valid as of 01 January 2019.