SawExpo Trenn- und Zerspanungstechnik Messen GmbH Telefon 02191 72599 email: info@sawexpo.de |
1. Scope of application
a) The following terms and conditions of contract shall apply to the leasing of
stand space and participation package by the exhibitor (hereinafter, the contracting
party) for the Saw Expo exhibition.
b) These terms and conditions shall form an integral component of all our offers
and contracts, including in ongoing business relations, and shall also apply to all
future transactions with the contracting party.
c) Terms and conditions of the contracting party shall not establish any obligations
on our part, even if we have not expressly rejected them. Any previously
agreed upon general terms and conditions of contract or other terms and conditions
of our own shall be replaced by these Terms and Conditions, unless expressly
agreed otherwise with the contracting party. Such agreements must always be
made in writing.
2. Conclusion of contract
a) The participation package shall be ordered by sending in the completed and
signed registration form or by verbal order. The offer will be considered binding
beginning three weeks after we receive the order.
b) The Lease Agreement with the contracting party shall be considered established
once we issue the written Stand Confirmation.
c) If a Stand Confirmation is issued following a verbal agreement and order, the
content of the confirmation document shall form an integral component of agreement.
If the contracting party is a merchant entered in the commercial register,
the contracting party must file a written complaint with us about any changeswithin
14 days.
3. Stand rent and packages
Each initiated square meter shall be rounded up to the next square meter. The
supports and columns shall be included.
4. Opening hours
For visitors, opening hours shall generally be from 9 am to 5 pm on Tuesday
through Thursday and from 9 am to 4 pm on Friday. For the contracting party,
opening hours are generally from 8 am to 5 pm throughout. These hours are
subject to change.
5. Set up
In general, the exhibitor shall have three to four days available for set-up and
assembly. Up-to-date information on set-up times will be provided in a timely
manner in the Service Manual. Extensions for longer set-up times can be granted
upon request (to the Friedrichshafen Messe). These terms are subject to change.
6. Dismantling
In general, dismantling shall take place starting at the end of the exhibition until
10 pm, as well as the two days following the end of the exhibition. These terms
are subject to change.
7. Placement
We shall endeavor to provide the contracting party the space provisionally provided
under Article 2. However, in order to optimize the distribution of the exhibition
space, we may allocate to the contracting party another space of the same
quality, category and size.
8. Stand design / renting stand equipment
a) To ensure a cohesive image we have determined guidelines for the stand design
which shall be binding for the contracting party; these stand guidelines shall
form an integral component of this agreement. The guidelines can be found here:
https://www.messe-friedrichshafen.de/assets/projects/mfn/pdf/de/teilnahmerichtlinien/
Technische-Richtlinien_Messe-Friedrichshafen-GmbH.pdf
b) The construction, design and safety of the stand shall be the responsibility of
the contracting party. They must meet applicable law as well as the technical
guidelines of the exhibition venue.
c) Presentations and displays of any type, as well as the set-up of exhibitions and
the distribution of advertising materials may only be made at the stand in such a
manner that visual, acoustic and other possible nuisances do not arise for other
(particularly neighboring) stands, and so that there are no impediments created
in walkways and participation package.
d) In the event of any infringement of b) or c) above, we shall be entitled to request
the contracting party to discontinue the breach. If the breach is not discontinued
immediately, we shall be entitled to the rights described in Section 17 b). In such
an event, a contractual penalty shall be incurred in the amount of 10 times the
rent of the stand.
e) The stands must be staffedduring opening hours pursuant to Section 4 and
must contain the exhibited objects.
f) Any items rented to the exhibitor through a subcontractor are intended only for
the agreed-upon purpose (for use at the exhibition stand for the duration of the
event) and for the time agreed (for the duration of the event, including assembly
and dismantling). The exhibitor is liable for any damages to and loss of the
rented items. The exhibitor?s liability commences upon delivery of the items to
the stand and finishes when the items are returned to or collected by the stand
construction company, even if the exhibitor has already left the stand. Charges
in the amount of replacement costs will be incurred for any unreturned items.
Likewise, damaged items will also be charged at the replacement price. Any adhesive
substances used by the contract partner must be removed fully before
the stand is returned. Failure to remove adhesives will result in the items being
considered as damaged.
g) Sales of any kind, especially of exhibited goods or samples, including overthe-
counter or direct sales, are prohibited. ?Manual or direct sales? shall mean
any remunerative issue of goods or provision of services by the exhibitor on the
fair grounds. Goods may only be issued free of charge. Different rules apply to
publishers; please inquire with us for more information.
9. Technical services
The organizer shall provide the general heating, cooling and lighting. Unless
specifically included in the booked Participation package, the costsfor the installation
of water, electrical and telephone connections to the stand, as well as
the cost of the services and materials used, shall be billed separately to the
contracting party.
10. Terms and conditions of payment
a) The rent for the stand shall be paid in two installments. The first installment,
totaling 30% of the rental price, will be billed to the exhibitor following or at the
time the Stand Confirmation is issued and is due immediately. The second installment,
totaling the remaining 70% of the rental price, will be billed at the earliest
3 months before the start of the event and is likewise due immediately. The marketing
package is due upon completion of the contract.
b) Invoices for other deliveries or services that are ordered separately will be due
immediately on the date of the invoice.
c) In the event of default, the interest rate stipulated by law shall apply at the
rate of 8 percentage points above the base interest rate applicable on the date of
default (§ 288 (2) of the Civil Code).
d) Each reminder issued to the contracting party shall incur a late fee of ? 8.00.
The contracting party shall retain the right to prove that no damage was incurred
or that much less damage than this lump sum was incurred.
11. Reservations
a) In case of force majeure or other circumstances beyond our control (such as
work strikes, pandemics, weather, war, etc.), we maintain the right to post-pone,
to shorten, to partially or entirely close or cancel the event. The Marketing
Package is considered bought and delivered upon signing of the contract. In the
event of cancellation, both the full cost of the Marketing Package and an additional
8% of the rent for the stand may be retained by the event organizer to cover
preproduction costs and business expenses.
b) If, in accordance with our experience, it becomes evident that the trade fair
will not have the desired success for the exhibitor, due to insufficient participation
or unexpectedly weak visitor interest, we may cancel the trade exhibition. A
corresponding explanation must be received by the contracting party six weeks
prior to the planned start of the exhibition. Should a cancellation occur in line
with the contractually specified timeline, we shall not be obliged to compensate
any expenses or damages.
c) In the event of a cancellation of the trade exhibition, we must immediately
repay the contracting party any advance payments rendered by it. This does not
apply to the cost of the Marketing Package and the 8% of the rent for the stand,
as listed under item 11.a.
08 BINDING REGISTRATION
MAIN EXHIBITORS,
CO-EXHIBITORS,
REPRESENTED COMPANY
12. Reclamations
a) The contracting party must lodge a complaint about any obvious material defects
or the absence or omission of contractually guaranteed features with sufficienttime
so that we may procure redress.
b) Only if we have not procured redress within a reasonable period of time, if
redress is not possible, or if it is denied, can the contracting party choose toterminate
the contract without notice or demand an appropriate reduction of the
compensation.
c) Payment claims due to termination without notice or reduction of the rent shall
lapse within 6 months after the origination thereof, except in the event of intentional
action.
13. Joint liability
a) We shall be liable in accordance with the provisions of law for any injury to life,
limb or body. With respect to any slightly negligent breach of contractual duties,
our liability shall be limited to the damage typically foreseen in contracts. This
shall not apply if a breach of material contractual duties is concerned.
b) If our liability is excluded or limited in accordance with the above provisions,
this shall also apply to the personal liability of our employees, collaborators and
other vicarious agents and representatives.
c) The exhibitor shall be liable to SawExpo for all damages incurred through its
participation and for which it has the responsibility at the exhibition, e.g. through
noncompliance with official orders, regulation or instructions provided by the
Messe FN and SawExpo. The exhibitor shall also be liable for damage caused by
its stand structures or its exhibits. Repair of damages to equipment belonging to
the Messe Friedrichshafen, in particular damage to the halls, shall be undertaken
by the Messe Friedrichshafen on behalf of SawExpo.
14. Subletting/prohibition of assignment
a) The contracting party shall not be entitled to provide the allocated stand in
whole or in part to a third party for that party?s use without our permission, particularly
to sublet it or to accept orders for other companies, unless the third party
is a co-exhibitor (a co-exhibitor shall be defined as a party appearing at the stand
of the contracting party with its own personnel and products). The contracting
party must inform us in writing in a timely manner regarding the person of the
third party. The contracting party shall be fully liable to us for any breaches by the
third party. Only companies that have been listed as co-exhibitors in the registration
forms will be considered co-exhibitors.
b) The contracting party may not assign any claims against us to a third party.
15. Set-Off/retention
The contracting party shall only be entitled to offset claims if its counterclaims
are undisputed or recognized by a non-appealable legal judgment. This shall
apply if the contracting party is a merchant entered in the commercial register.
16. Lien
To secure our claims, we hereby reserve the right to exercise a lessor?s lien and
to have the object under lien sold after written notice pursuant to the provisions
of law.
17. Early cessation of rental agreement
a) Early cessation of the lease agreement shall only be possible with our approval.
In the event of an early termination of the lease agreement, the contracting
party shall remain obliged to pay us the full stipulated rent for the stand as damage
compensation in lieu of performance. The contracting party retains the right to
prove that no damage was incurred or that much less damage than the stipulated
rent for the stand was incurred.
b) We shall have the right to terminate the stand lease agreement without notice
if insolvency or composition proceedings, or comparable legal proceedings in the
contracting party?s country of origin, are petitioned for or initiated concerning the
assets of the contracting party or if it is no longer reasonable for us to adhere
to the agreement due to the conduct of the contracting party. We shall consider
that it is no longer reasonable for us to adhere to the agreement if, for example,
the contracting party is in default with a not-insignificant portion of its payment
obligations towards us or if the contracting party repeatedly breaches its other
contractual obligations. In the event of termination without notice, due to the conduct
of the contracting party, we shall also be entitled to demand compensation
from the contracting party of the damage we will have incurred.
18. Counter-trades with specialty publishers
a) If the contracting party is a specialty publisher, we may reserve the right to
request advertisements in the publications of the specialty publisher in lieu of
the normal rent for the stand with for the corresponding amount. The parties
shall invoice each other for their services and may offset the mutual invoices to
simplify the payment process.
b) Should an event for which the specialty publisher is booked not take place for
one of the reasons mentioned in Section 11, we will have the right to cancel in
writing the advertisements ordered from the specialty publisher as part of the
event and shall thereby be freed of all obligations to provide an exchange of services
for these cancelled orders. If it is no longer possible for us to cancel the ad
orders, we shall be obliged to provide the specialty publisher a stand at another
event with the corresponding value of those ads that can no longer be cancelled.
In neither case will we issue a payment for the cancelled ads.
19. Place of performance and jurisdiction
If the contracting party is a merchant entered in the commercial register, a legal
person in public law, or a special public fund, or if the contracting party has no
general place of jurisdiction in Germany, then the place of performance and jurisdiction
shall be Remscheid, Germany. We shall also be entitled to assert claims
before the court that has jurisdiction for the registered office of the contracting
party. Any exclusive place of jurisdiction shall not be prejudiced hereby.
20. Privacy policy
The contracting party agrees and is aware of the fact that we will store, transfer,
alter and delete personal data in accordance with the terms of the Federal
Data Protection Act, insofar as such data are necessary to process the business
relation with ourselves. Data shall only be transferred to the companies involved
in organizing the exhibition. Postal and email addresses and company details will
be used to send out information about future untitled exhibitions events by post
or by email. The contracting party is entitled to deny the the use of their data for
advertising purposes at any time.
21. Images, videos or sound recordings
The organizer has the right to create or to commission the creation of videos,
photographs, sound recordings, and drawings of display stands or individual exhibits
for the purposes of documentation or publication, in particular online and
for advertising purposes. This right also applies to persons.
22. Miscellaneous provisions
a) The following shall form integral components of agreement: the organizational,
technical and other provisions, in particular the building rules which will be
sent to the exhibitor before the start of the event.
b) All agreements between ourselves and the contracting party must be made in
writing. This shall also apply to the simplification or any decision to eliminate the
requirement for written agreements.
c) Should any provisions of our agreement with the contracting party, other covenants
with the contracting party, or these General Terms and Conditions of
Contract be or become invalid in whole or in part, the other provisions of the
agreement, other covenants or these General Terms and Conditions of Contract
shall remain in full force.