Terms and conditions for the supply of plants and accessories
1. Order placement
(1) Orders may be placed either electronically, via the online shopping basket (by using the Easyorder online shop), or, if you wish to use the attached documents, in
writing by completing and submitting the order forms for the event in question. Orders which are made verbally or over the phone must be confirmed by the exhibitor
in writing.
(2) Electronic orders which are sent from the password-protected online shop are valid without signature.
Written orders must bear the legally binding signature of the customer, and a single copy must be received by Messe Frankfurt Venue GmbH in advance of the event
by no later than the date specified on the order form, as it will otherwise be impossible to guarantee their timely delivery. Orders submitted by a third party (stand
designers/builders, participants in joint stands or similar) shall only be accepted and carried out if they have been placed electronically from this third party’s own
account or, for written orders, if they bear the signature and company stamp of the exhibitor, or the third party has been granted power of attorney (referred to in the
online shop as a sub-account).
(3) For orders received online or in writing less than eleven (11) days before the start of the event, Messe Frankfurt Venue GmbH will invoice the additional expenses
entailed.
2. Description of services to be provided
(1) In the case of orders for Sundays and public holidays and orders to be delivered between 10:00 p.m. and 6:00 a.m., a surcharge will be added to the working time
in the amount of the collectively agreed surcharge. Alternatively the delivery will be effected earlier or the collection later. Messe Frankfurt Venue GmbH shall not be
liable for damage and subsequent damage resulting from delay or delivery difficulties unless they are caused by gross negligence or by intent, or unless the delivery
date was expressly accepted as binding.
Messe Frankfurt Venue GmbH expressly declares that cold weather can cause insurmountable delivery difficulties, as when the delivery of living plants or flowers is
not possible without frost damage. In such cases, not even absolutely guaranteed delivery dates can be met, and Messe Frankfurt Venue GmbH shall not be liable for
this.
Messe Frankfurt Venue GmbH may cancel agreed deliveries if invoiced sums that are due have not been paid by the delivery date or if enforcement measures have
been undertaken against the exhibitor and the exhibitor has not paid in advance.
Waiting periods of over thirty minutes for which the exhibitor is responsible will be invoiced separately.
(2) Ownership rights and copyrights / retention of title
Messe Frankfurt Venue GmbH reserves the title, copyright and rights of exploitation to the offer documentation and all other materials, specimens, etc., to which the
exhibitor gains access as a result of the negotiation and/or implementation of the contract. Such documentation may not be passed on to, or made available to, third
parties (even in part) without the consent of the title holder; it is to be returned without delay upon request and upon termination of the contract.
If Messe Frankfurt Venue GmbH delivers to the exhibitor goods which the exhibitor has purchased, ownership of such delivered goods remains with Messe Frankfurt
Venue GmbH until the purchase price has been paid in full. On ordering and placing contracts the parties to the contract agree a constitutum possessorium as a condition precedent. If the exhibitor makes payments by money transfer, the retention of title terminates once the amount due has been credited to the service provider‘s
account; in the event of payment by means of a non-negotiable cheque, it terminates 14 days after Messe Frankfurt Venue GmbH pays in the cheque at its bank.
Rented plants remain the property of Messe Frankfurt Venue GmbH. The exhibitor is liable for the proper care and maintenance of the property of Messe Frankfurt
Venue GmbH until full payment of the purchase price. Alteration or resale of the goods, and transfer of ownership by way of security before settlement of the claims
of Messe Frankfurt Venue GmbH, are only permissible with the express agreement of the owner. In the case of authorised resale, the exhibitor shall transfer the
purchase price in the amount of the as yet unpaid invoice. If Messe Frankfurt Venue GmbH exercises its owner’s right of repossession when invoices are not paid, its
claim will only be reduced by the then applicable net value of the goods being repossessed.
(3) Compensation in the event of plant rental
If Messe Frankfurt Venue GmbH rents plants that it owns to the exhibitor in accordance with decoration orders and/or special rental contracts, the exhibitor is liable
for damage caused by inadequate lighting, heating and care, as well as in the event of loss or damage of the plants and accessories, even if such damage is caused
by minor negligence or by third parties. In the event of loss or damage, the compensation to be paid shall be the sales price minus any rent already paid. The plants
are to be cared for in accordance with the instructions given by Messe Frankfurt Venue GmbH; the burden of proof lies with Messe Frankfurt Venue GmbH in respect
of the content and issuance of plant-care instructions, while the burden lies with the exhibitor to prove that they have duly provided for the care of the plants (goods)
in accordance with the instructions. If the value of the order is more than 250.00 euros, Messe Frankfurt Venue GmbH shall provide plant care free of charge; if the
value of the order is less than 250.00 euros, plant care, where requested, will be invoiced by the hour.
3. Invoicing
(1) Invoices shall be due and payable upon receipt. Messe Frankfurt Venue GmbH shall be entitled to issue invoices before the performance of services.
(2) The charges listed in the currently valid price list shall be binding upon both parties hereto. Any services that do not appear in the list are not included in the charges stated therein and shall, where applicable, be invoiced separately.
(3) Counterclaims can only be offset if they are undisputed or have been confirmed by a court of law in a final form.
(4) The currently valid price list shall apply.
(5) Warranty
Complaints about defects should be submitted immediately in the case of trade fair and decoration orders, and within 24 hours after receipt of the goods in the
case of permanent greenery. Complaints about defects made orally must be confirmed in writing (by fax) within a further 24 hours. The goods shall be deemed to
be accepted in a defect-free condition if no complaint about defects is made within 24 hours. Deductions or counterclaims are not permitted in the payment of the
invoice. Messe Frankfurt Venue GmbH is entitled to make repeated attempts at rectification provided that the exhibitor does not require the goods urgently, or unless
repeated attempts at rectification are unacceptable for other reasons. If repeated attempts at rectification or replacement are not successful, the exhibitor may request
a reduction in price or cancellation. Compensation claims are excluded.
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4. Cancellation by the customer
In the event that an order is to be cancelled, the customer shall notify Messe Frankfurt Venue GmbH thereof in writing no later than three (3) weeks prior to the opening of the event involved, reckoned from the date of receipt. Cancellations can be accepted at later dates only if the respective service(s) – or parts thereof – have not
yet been provided or provision thereof has not yet commenced. The same shall apply analogously to any changes to the ordered service(s).
5. General conditions
(1) Both parties to the agreement accept these terms and conditions of supply and installation as integral parts of the agreement binding upon both parties.
(2) Should individual provisions of this agreement be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, both contracting
parties undertake to replace any invalid provision with a valid provision that most closely achieves the commercial purpose intended by the invalid provision.
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(3) Both parties to the agreement explicitly agree Frankfurt am Main to be the place of performance and jurisdiction for all claims and disputes arising from this
agreement.