General Terms and Conditions of Melles & Stein Messe-Service AG, subsequent named as M & S.
1) The following terms and conditions apply to all supplies and services. These terms are also valid in cases where customers have explicitly made orders according to their own contractual terms and conditions, which may be incompatible to the General Terms and Conditions of Melles & Stein. Any agreements deviating from our conditions must be confirmed in writing by Melles & Stein, otherwise they are not legally binding.
2) Offers from Melles & Stein are not legally binding unless explicitly written. Contracts become legally binding once an offer has been confirmed in writing from the customer. Oral agreements or offers accepted by telephone must be confirmed in writing by Melles & Stein before they become valid. Customers wanting to cancel their agreement must pay a cancellation fee of 30% of the expected total amount. The right to provide proof of higher or lower damages remains intact. The customer agrees to provide Melles & Stein with any passes required for entrance into the trade fair grounds and buildings.
3) All prices quoted are net prices not including 19% VAT. An advanced payment of 50% of the anticipated total amount of the final invoice is due two weeks prior to the begin of the exhibition. Invoices become due immediately upon receipt, net payable without deductions. The contracted work shall only be carried out upon receipt of the advance payment if received within the agreement time limit. If payment is late, Melles & Stein shall not be legally bound by the contract. The remaining amount to be paid shall be due upon receipt of the final invoice. Melles & Stein formally reserve the right to refuse the acceptance of cheques. Non-payment of the invoice will result in legal consequences without prior notification. Interest on late payments will be charged at the normal bank interest rates. A money transfer fee will be charged on international bank transfers.
4) All rental fees will be charged at a daily rate (unless otherwise specified) beginning on the day of delivery (the day before the start of the exhibition). All complaints relating to deliveries (incorrect quantity or incorrect items) must be made to the supplier at the time and place of delivery and must be written down on the delivery note. Otherwise the delivery will be considered as accepted. If the supplier comes and a customer representative is not there to meet them at the agreed time and place, the delivery will also be considered accepted. Complaints made after this time will not be accepted. Complaints related to the condition of rented equipment should be made within 24 hours of acceptance of the goods. Complaints made after this period will not be accepted. All kitchen equipment should be cleaned and made ready for pick-up at the end of the exhibition. If this is not the case, a clearing, cleaning and packing fee will be charged at a rate of € 25.00 per person/hour.
The customer is liable for all damages and losses to rental equipment. Liability begins at the time of receipt at the stand and ends at the agreed pick-up time. In the case of total write-offs or losses, the customer must pay the costs of replacing the equipment.
5) Supplies and services shall be rendered punctually according to the fixed deadlines. A slight delay does not give the customer the right to refuse receipt. If the delay is not slight, but the acceptance of the supplies or services is still within the interests of the customer, the customer is obliged to accept the delivery. Delays in delivery caused by an act of God or war shall not result in a default by Melles & Stein. Slight deviations in quality in supplies and services ordered by the customer are permissible as long as they have not been explicitly guaranteed in writing.
6) Melles & Stein shall only be liable for damages in cases of gross negligence or wilful damage by them or their agents.
7) Should one of the above conditions become invalid, the validity of the remaining conditions shall remain intact. Any goods supplied by Melles & Stein remain the legal property of Melles & Stein until payment has been received in full.
8) Düsseldorf shall be the place of jurisdiction. The German law of the Federal Republic of Germany shall apply to both contractual parties.
Valid from 01. January 2011