General terms and conditions for the catering rental service at trade fairs and events

General terms and conditions for renting

Preamble

a) Paragraph 4, clauses 4 and 5 are applied among paragraph 5, now clauses 3 and 4 from 1 June 2010. The following additions apply: The distribution of the rented goods at the venue can be carried out deviantly by the personnel of GMS GmbH after prior consultation. This service is with costs which are calculated according to the actual effort. Any liability for potential breakdowns or damages of foreign goods that are caused by these operations is excluded.

1. Ambit

All delieveries, services and offers by GMS GmbH are carried out exclusively on the basis of these terms and conditions. Additions, amendments or subsidiary agreements are only operative when we confirmed them in writing.

2. Object of renting

Rental objects are the furnitures, fitments, technical devices and accessories stated in the acknowledgement. The objects are committed to the hirer only for the agreed event and only for the agreed purpose for the usual and earmarked deployment. An ulterior deployment during the rental period is not allowed.

3. Rental period

The rental object is provided for the duration of the trade fair or the event, but at the most for 14 days. However, the actual point in time at which the objects are at our disposal again is deciding. Using the rental objects beyond the agreed rental period and the date of return is not allowed, unless a follow-up contract was concluded.

4. Rental prices

The agreed rental prices are strictly net plus the legal value-added tax. The rental prices do not include delivery and collection of the rental objects to and from the venue, but are quoted franco GMS GmbH stock. If we confirm it in writing, certain events may be supplied exempt from charges.

All payments have to be made exempt from charges for us. The rent is valid on delivery and has to be paid at the latest by the end of the rental period. Inovices are payable net immediately on receipt of invoice. Deviant terms of payment require a separate agreement.

For invoices to customers with domiciles abroad, we charge a flat rate of € 13.50 each invoice for bank charges in the international payment transactions.

For organisational reasons we only accept change requests on orders we have already confirmed until 14 days from the beginnging of the event. After this point in time we reserve the charge of an additional service fee of 25 % of the rental price. The fee for orders or changes that reach us later than 48 hours from the beginning of the event is 50 % of the rental price.

5. Delivery, transport and storage costs

The renter ensures a punctual delivery for the beginning of the event and appoints the date of delivery, which results from consolidations, himself. The hirer bears the delivery expenses for deviant delivery dates if the case may be.

For special delieveries the special conditions agreed on are valid.

A delivery is quoted packed to the border of the stand or directly behind it and does not include the arrangement of the rental objects. This also applies in the inverse case for the collection after the end of the event. In the case of special events and other venues delivery is quoted until behind the first with lifting equipment and industrial trucks accessible door. The distribution of the rented goods at the venue can be carried out deviantly by the personnel of GMS GmbH after prior consultation. This service is with costs which are calculated according to the actual effort. Any liability for potential breakdowns or damages of foreign goods that are caused by these operations is excluded.

Troubles in delivery or service which make it impossible for the renter to effect delivery because of acts of God, release him from any duty. This does not apply for deliberate actions the renter is responsible for.

The rental object has to be disposed ready for collection in the delivered packing, which is part of the rental object, or delivered respectively at the end of the agreed rental period. When the objects are collected by us or our assistants, they have to be disposed at grade and accessible.

The storage cost for the packing of the rental good during the event are born by the hirer.

The renter reserves delivery of equal or higher-quality articles instead of the ones ordered in exceptional cases. The price of the goods originally ordered is not effected by this.

6. Warranty

The hirer has to check immediately when delivery is made, if possible while our assistant is still there, whether the rental good is complete and in good condition. He has to advise us of any faults immediately in writing. We will not acknowledge complaints about evident faults as well as deviances of the delivered or assumed furniture from the quantity or model ordered, if we only advised of them after the beginning of the event.

Minor, reasonable deviances from models, dimensions or colours are not considered as faults.

When the complaint is justified we will warrant by punctually removing the faults or by delivering equal single pieces exempt from charges. If the replacement delivery fails or is delayed, the hirer is entitled to demand a reduction in price.

As far as legally admissible, advanced claims from the hirer, especially claims for damages, also from default when the contract is concluded and positive breach of contract are excluded, unless we are guilty of intent of gross breach of contract.

7. Property and liability

The hirer has to treat the rented objects carefully. He has to compensate for damages and losses at the rental good,  Schäden und Verluste am Mietgut hat er zu ersetzen, also when they have been caused without his fault or a a third person. The liability begins with the delivery to the stand or with the assumption of the rental good when the customers collects it himself. It ends with the collection of the rental good from the stand, even when the hirer has already left the stand. If the rental good is collected from our stock and taken back there by the hirer as agreed or delivered to his stock and collected after the end of the event, the hirer also bears the risk of the outbound transport and the return. The liability therefore ends with the return of the rental good to our domicile.

The hirer has to take out insurances against fire, loss or other dmages for the rental good for the rental period. The hirer also has to insure the transport risk in case of a collection and return from/to our domicile. At any rate, the hirer is directly liable and is not entitled to refer us to his insurance. If a rental good is lost or damaged, the hirer has to compensate for the rental price and the costs for replacement or maintenance plus value-added tax. If a repair is not possible, the replacement cost is charged.

The hirer has to advice GMS GmbH immediately of potential damages or losses of the rental goods. The hirer's obligation to file charges at the police in case of theft is not affected by this. The police transcript has to be brought before us on demand.

The rented objects are checked for damage and condition by us immediately when they arrive at out stock. We commit ourselves to advise the hirer of possibly detected damages or shortfalls. These detections are considered to be acknowledged if the hirer does not contradict in writing within a week after receipt.

All rented objects are possession of GMS GmbH. The rented objects may not be taken to any other than the location agreed on without our explicit consent.

The renter is explicitly not liable for any material damage or personal injury which may result from the intended use, too. An exeption from this is gross negligence or intention by the renter.

When the renter collects the goods, the hirer is furthermore obliged to protect the rental goods from theft and damages for no more than 48 hours after the end of the event.

8. Right of withdrawal

A withdrawal from a closed contract is excluded. If the hirer refuses delivery because of reasons that have nothing to do with the renter, the hirer will still be obliged to pay the rental price and the transport cost, unless we are still able to sublet the goods. The burden of proof is on the hirer.

The premature return of the rental objects does not result in the termination of the tenancy and the termination of the security obligations of the hirer. If additional cost derive from the premature return, the hirer will have to bear them.

9. Federal Data Protection Act, Distance Selling Act

The personal data of our business partners are stored and processed according to § 28 and 29 BDSG.

10. Legal venue

The domicile of GMS GmbH as entered in the Commercial Registry is considered as the agreed legal venue for all disputes deriving from the contractual relations.

11. Other terms

Should one of the clauses of this terms and conditions or of other agreements be or become invalid, this has no effect on the validity of all other clauses whatsoever.

General terms and conditions for sales

1. Offer

Our offers and price lists are subject to change, we reserve the right to change them. Orders are only considered as accepted when we have confirmed them in writing or made delivery - without a special confirmation. All prices are quoted plus shipping charges and, unless a different agreement is made, the valid value-added tax.

2. Delivery

Delivery dates are only binding when they were agreed on in writing. The buyer may withdraw from the contract, if delivery has not been made by the last day of that deadline and an additional respite of at least a month set by him in writing with the threat of withdrawing from the contract has passed effectlessly. If we are not able to meet the agreed deadline because of circumstances beyond our or our suppliers' control (e. g. force majeure), it will extend appropriately. When the hindering circumstances still last one month after the expiration of the delivery date agreed on, each party can withdraw from the contract. The buyer does not gain extensive claims because of the transgression of the delivery date, unless it was caused deliberately or by gross negligence of the seller.

3. Payment

Payments are due 14 days net from delivery and invoice date. They are considered as made on the day we can dispose of the invoice amount. We only accept cheques and bills of exchange on account of payment under the usual reserve. The buyer pays the discount and collection charges. If the date of payment is not kept, we charge interest of annually 5 % above the base rate according to §1 of the "Diskontsatz-Überleitungsgesetz" of 09.06.1998  vorbehaltlich weiterer Rechte, subject to further rights. When cheques or bills of exchange are not honoured, payment is not made or a any action is induced to settle debts, all our bills outstanding become due. The buyer may only balance undisputed or legally ascertained accounts. The assertion of retention of goods is excluded.

4. Reservation of title

We reserve the propriety of the delivered goods until the invoice amount and all existing accounts against the buyer are settled. Until then, the goods may be processed and sold in the regular course of business, but they may not be pledged or assigned by security. The conclusion of financing treaties (e. g. leasing), which include the assignment of our reserved goods, require our previous written agreement, unless the treaty commits the  financing institution to pay the owing percentage of the purcahse price directly to us. If the goods are pledged or there is another interference endangering our rights, the buyer has to advise us immediately. In case of a resale, the buyer assigns his future accounts against his purchasers in the in the amount of the invoice amount of our reserved goods to us now. As long as the buyer pays his debts punctually, he is authorised to collect these accounts. If he falls behind, we may cancel this authority anytime and advise the debitors of the cession in the name of the buyer. The buyer is obliged to give us any information and documents that are required for the assertion of the assigned rights. When our securities exceed the existing accounts that have to be ensured by more than 20 % at the time the contract is concluded, we will release the securities in so far if the buyer demands it. In case of a delay of payment, cessation of payment or the opening of legal composition proceedings, bankruptcy proceedings or insolvency proceedings on his assets he hereby allows us irrevocably to collect reserved good at once and to accede his premises and storage room unhinderedly for this purpose. The collection of the goods is not considered as withdrawal in case of doubt. Advanced rights are not touched by the collection.

5. Letters of complaint

Complaints because of noticeable defects or noticeably imcomplete or incorrect consigments have to be made immediately after receipt. Other defects have to be announced to us immediately after detection in writing. If the note is not made in due time and due form, the consigment is considered to be approved altogether. When the note is made in due time, our warranty is defined by cypher 6.

6. Warranty

Unless written or printed special warranty or guarantee regulations precede in in individual cases or for single departments, our warranty is defined according to the requirement of the following paragraphs: We warrant the accuracy appropriate to the respective state of the technology and the vested characteristics. Any changes in the construction and model that affect neither the operability nor the value of the goods, are are reserved and do not entitle for complaints. That also applies for the above-mentioned changes, that our pre-suppliers conduct wihtout any influence from us. If the delivered article shows any faults or is lacking a vested characteristic, we will remove them at no charge by remedy or replacement delivery of our own choice. If this does not take place within an appropriate period after receipt of the justified complaint and an additional respite set explicitly with the threat of an transformation expire effectlessly, the buyer may transform in consideration of the faulty article. Advanced claims of the buyer are excluded. The condition for any warranty is the prompt fulfilment of all contractual obligations, especially the duty of payment, by the buyer. Arbitrary changes or attempts of maintenance by the buyer, his customers or third persons exclude any warranty from us.

7. Other claims

Any claims for damages by the buyer, as far as they are not especially emphasized in the preceding terms, particularly because of positive breach of contract or culpa in contrahendo, are excluded in line with the legal admissions.

9. Preface

The buyer's rights from this contract are not assignable. If single clauses are invalid, this does not effect the validity of the others. By taking delivery of the first consignment at the latest, the buyer accepts the exclusive validity of these conditions, also with the text of his purchasing specifications. Place of fulfilment for both parties is Essen. Legal venue is the domicile of GMS GmbH when the buyer is a general merchant. The contact is exclusively subject to substantive law and the adjective law of the Federal Republic of Germany, as far as legally admissible.

Status: 1 June 2010; The terms and conditions from 1 January 2009 have been changes on 1 June 2010 and are valid in this composure from 1 June 2010.