SawExpo Trenn- und Zerspanungstechnik Messen GmbH
Telefon 02191 72599
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.
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.
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.
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
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.
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.
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.
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.