VORSPRUNG MESSEBAU GMBH T&C´S
All deliveries, services and contracts are provided/concluded exclusively in accordance with the following T&Cs. Alternative terms and conditions are only valid if they are agreed in writing and this agreement is signed by both parties. Publication of a new version of these T&Cs voids all previous versions.
Our offers remain valid for 40 days from the date of the offer. They are only established following a written request and are without obligation and non-binding unless agreed otherwise. All offers, agreements and deliveries are subject to our delivery conditions. Alternative conditions on the part of the customer that have not been expressly acknowledged in writing by us are non-binding for us, even if we do not object in individual cases.
3 DELIVERY DEADLINES
The company vorsprung Messebau GmbH always endeavours to deliver on time. The delivery deadline is appropriately extended in the event of impediments that are unavoidable despite due care, especially malfunctions, interruption of the power supply, force majeure, national obstacles, strikes and lockouts. This is also true if these impediments occur during a delay in delivery and result in delays at our subcontractors. We will alert the customer regarding the beginning and end of such impediments in serious cases as soon as possible. An extension of the delivery deadline also occurs if the required details and documents for the execution of the agreed delivery are not received in time from the customer, as well as declarations from third parties, especially public authorities. Partial deliveries may not be refused by the customer. Adherence to the delivery deadline presupposes fulfilment of the customer’s contractual obligations. The customer must ensure and avouch that the required work by third parties, e.g. print data from the agency or delivery of parts, occurs punctually and properly for the completion of our service – a trade fair stand, for instance. For all graphical productions, we require the print-ready data in accordance with the data sheet at least two weeks prior to the dispatch date. Should we declare that we agree to the retrospective alteration wishes of the customer, which we are not obliged to do, a new, appropriate delivery date can be scheduled. Complaints of any kind should be indicated immediately and can only be acknowledged up until the start of the respective event.
4 RESERVATION OF OWNERSHIP
Merchandise remains our property until such time as the full sales price has been paid, as well as all associated costs and expenses. Rental items (indicated
as such in all written documents) remain our property at all times and are provided to the customer during the agreed time frame only for the appropriate usage.
5 PAYMENT AGREEMENTS, DISCOUNTS, DEFAULTS, BANK FEES
For payment agreements with a 70% partial payment prior to the start of the fair, we are entitled to delay the construction of the trade fair stand until the payment arrives in our account. The payment of unauthorised deductions will be demanded later without exception. Should the agreed payment date not be observed, we are authorised to invoice interest for late payment at a rate of 12% p.a. All foreign bank fees and other charges associated with the transfer of money are assumed by the customer.
6 PLACE OF FULFILMENT, DELIVERY COSTS, TRANSFER OF RISK
The place of fulfilment for all deliveries and services is always 6890 Lustenau, Austria. Should the customer wish the goods to be shipped, s/he assumes the delivery costs and charges. With the handover of the purchased goods to the transporter, any risk is transferred to the customer.
We are only liable for material damage insofar as we have caused this wilfully or through gross negligence. For exclusively financial losses, damages may never be claimed from us. For vorsprung rental goods that are used contrary to their intended purpose, that are damaged or that are used excessively in terms of normal usage, the customer is obliged to pay compensation.
8 DEFECTS AND REPLACEMENTS
The client must confirm the impeccable condition and completeness of the rental goods immediately upon delivery and report any issues. Should these not be reported, the impeccable condition is confirmed.
Warranty claims on the part of the client are then excluded. In the event of defects in the rental goods, vorsprung Messebau GmbH is entitled to carry out repairs or provide a replacement. Should vorsprung Messebau GmbH choose to carry out repairs or provide a replacement, this shall not justify any further claim on the part of the client.
All vorsprung rental goods are insured against theft at all times (transport, construction, dismantling, fair duration and customer use). We assume no liability for customer goods or customer exhibits, even if these are transported by us. The customer assumes liability for his/her property at all times and insuring this is therefore his/her responsibility and at his/her discretion.
All contractual work by the respective event organisers will be additionally billed according to expenditure or charged directly to the customer/exhibitor by the contractual partner, e.g. all technical connections such as electricity, water, compressed air, ceiling suspensions, static calculations, cherry pickers, chain hoists and lifting gear.
11 REPRODUCTION RIGHTS AND COPYRIGHT
Copyright and other rights to the designs, drawings, patterns, and other documents and compositions produced by us remain with us. Even if they have been paid for by the customer. We are entitled to reclaim them at any time. The right of retention on the part of the customer does not exist here. Additional use requires our express written consent. Designs, drawings, patterns and models produced by us will be billed to the customer without exception, and even in the event that a further contract has not been established. The customer must avouch that models, sketches, patterns and other documents provided to us are free of third-party rights. The customer must without exception indemnify us from any claim due to infringement of third-party rights, including in the case of reproduction. We only accept liability for the loss of or damage to components of any kind provided to us, including trade fair stands and other customer parts stored with us, in the case of wilful or gross negligence.
We guarantee Austrian standards and the corresponding quality for the goods delivered by us. Customary deviations in the quality of the goods are reserved.
13 PLACE OF JURISDICTION AND APPLICABLE LAW
The place of jurisdiction is 6850 Dornbirn, Austria. Austrian law applies with the exception of reference norms and UN commercial law. Consumer clients domiciled in Austria are excepted with regards the place of jurisdiction.