Terms and Conditionsas of 20171. General
1.1 For the offers, deliveries and services of step one, the following conditions shall apply exclusively.
1.2 General conditions of the customer are only part of the contract if they are acknowledged in writing by step one. The acceptance of services performed by step one in any case constitute acceptance of these terms and conditions.
2. Order / Contract
2.1 The offers are subject to change at any time. The offers from step one referred to as "budget", "cost draft", "cost estimate" or "rough cost calculation" are non-binding.
2.2 The contract is considered complete upon receipt of the written confirmation from step one. Orders which have been placed are also deemed to be accepted if step one does not object in writing within 10 working days.
2.3 If offers are prepared based on information provided by the customer or on documents provided by the respective trade fair management, step one is not liable for the accuracy and suitability of these documents, unless the incorrectness or unsuitability of these documents is not recognized intentionally or due to gross negligence.
3.1 The offer prices are valid for a complete, undivided order.
3.2 step one is entitled to perform partial services and invoice these separately.
3.3 All prices are net prices without VAT.
3.4 Unless otherwise agreed, the appointment of a third party takes place on behalf of and for the account of step one. Step one is not required in this case to render account for the services performed by third parties on its behalf or to submit invoices from the persons authorized by step one.
3.5 Services that are performed at the request of the customer and which are not included in the offer or additional expenses which are due to erroneous information provided by the customer, transportation delays through no fault of one's own, or services not delivered on time or completed unprofessionally by third parties, will be charged to the customer additionally according to the current fee schedule of step one unless these third parties are vicarious agents of step one.
4. Transport / Packaging
4.1(Delivery) items are always shipped at the expense and risk of the customer unless otherwise agreed. If no special instructions apply, step one shall determine the method of shipment at its discretion without responsibility for a particular packaging or for choosing the cheapest and fastest way.
4.2 step one is entitled, but not obligated, to obtain transport insurance, the cost of which is to be borne by the customer.
4.3 Transport damages are to be reported to step one without delay. Any claim against the shipping company will be transferred to the customer upon request.
4.4 Items from customers which are required for the performance of services by step one must be delivered free of charge at the agreed upon time or to the location indicated by step one. The returns of such items is performed freight collect from the point of use at the customer's risk.
4.5 Destruction of the supplies during transport or the loss of supplies at the point of use through no fault of step one is at the expense of the customer.
5. Acceptance / Transfer of risk
5.1 The customer is obliged to accept the services of step one at the completion date specified by step one.
5.2 The standard acceptance takes place on the occasion of final rehearsals and/or dry runs, as well as upon transfer of the stand. This does not apply to planning services that upon arrival at the customer are considered completed and ready for acceptance.
5.3 Performance of outstanding partial services or correction of deficiencies will be completed as soon as possible or eliminated. Provided they do not significantly impair the function of the contractual service, they do not justify a refusal of acceptance.
5.4 If the services of step one, for reasons for which the customer is responsible, cannot be provided, the risk is transferred to the customer on the day of receipt of the notification of completion. The services of step one are then considered to be completed.
6.1 In the event of termination by the customer without good cause, step one shall receive the agreed-upon payment for services already rendered. With respect to services not yet rendered, 40% of the agreed-upon fee for expenses saved is stipulated.
6.2 If the customer, despite completion notification, does not accept the services of step one without good cause, or if the customer can not or does not properly comply with his payment obligations, step one shall be considered free of its service obligation after an appropriate period, and has the right to claim damages for non-fulfillment.
6.3 step one has the right to demand, as damages for non-fulfillment, payment for the value of services rendered up to the date of termination as well as 30% of the value of the services not yet performed. The customer's right to provide evidence that the damage did not originate or did not originate in the specified amount shall remain unaffected. The assertion of a higher proven damage is reserved by step one.
7.1 The customer is obliged to check the services of step one upon delivery and report any deficiencies immediately. If, despite careful examination, a deficiency does not become evident until a later date, this is to be reported immediately. In any case, complaints must be received by step one within 7 days after the end of the trade fair or event.
7.2 In terms of warranty, the customer may only demand an improvement of the deficiency. The type and manner of appropriate improvement work is at the discretion of step one, which also retains the right to provide a replacement at any time.
7.3The customer may demand cancellation of the contract (annulment) or decrease in price (reduction) when at least two attempts at improvement of the same deficiency have failed.
7.4 If the improvement is impossible due to the timing (end of the trade fair/event), the customer only has a right to a decrease in payment.
7.5 step one can deny the elimination of deficiencies as long as the customer has not properly fulfilled its contractual obligations, in particular its payment obligations.
7.6 If the complaint is made belatedly or reservations regarding known deficiencies were not made at acceptance/delivery, the warranty claims expire altogether. The same applies if the customer makes changes itself or hinders step one in the determination of the deficiencies.
7.7 Claims for damages, especially those arising from the breach of the obligation to rectify deficiencies, are excluded unless they are based on gross negligence or willful misconduct.