GENERAL TERMS AND CONDITIONS
Transparency from the start.
Viavend GmbH
Konrad-Adenauer-Platz 17a
40885 Ratingen
Managing Directors: Martina Braun, Alexander Frohnert
fon: +49 (0)2102 / 891 99 77
fax: +49 (0)2102 / 891 99 78
mail: info@viavend.de
Amtsgericht Düsseldorf HRB 78035
USt-IdNr.: DE262592613
The company is active in the
exhibition and shopfitting sector.
General Terms and Conditions of Business of Viavend GmbH, Konrad-Adenauer-Platz 17a, 40885 Ratingen, Germany
Submission of quotations and acceptance of orders are exclusively based on our General Terms and Conditions of Business. Deviations from this rule must be submitted in writing. By accepting quotations by, and placing orders with, Viavend GmbH, Client confirms its agreement with these General Terms and Conditions of Business.
§ 1 Scope of performance
Submission of quotations and completion of orders take place on a rental basis unless expressly agreed otherwise. The prices given refer to the event specified by name and to the duration of same (including setup / breakdown times) in cases where performance does not cover fixed installations and structures, e.g. store fitting. This also refers to any elements which are custom-produced for a client, even if they are paid for separately by the exhibitors involved. Where proprietary elements are used, this is specified in the quotation and order confirmation. After the end of the event, proprietary elements pass into the ownership of Client. Rental price quotations normally cover:
• Draft drawing including construction drawing for the project at hand
• Provision of the necessary materials on a rental basis
• Setup and breakdown, including internal stand distribution of electrical power from the exhibition venue‘s junction box
• All necessary transport to and from the place of fulfilment.
Additional hours are invoiced on the basis of the current valid hourly rates.
§ 2 Areas excluded from performance
The following services are not included in quotations and order confirmations unless expressly specified: graphic works, decoration, assembly and setup of exhibitor’s own exhibits, crockery and consumables, electrical power distribution units, power connections and power consumption costs, communications equipment and charges, stand cleaning and security, costs of structural analysis / official review of structural analysis, construction permits, sprinkler systems, fire extinguishers, suspended ceilings, waste disposal charges for construction materials and exhibitor’s own items / materials etc. This applies particularly when Viavend GmbH applies for and orders these services, irrespective of type, from the event promoter on behalf of the exhibitor. Orders of this type are deemed a provision of service by Viavend GmbH.
§ 3 Provisos
Our plans and quotations always apply subject to approval by the appropriate exhibition company or event promoter. Where previously unforeseen circumstances at the place of fulfilment require it, we reserve the right to undertake changes to plans and to bill for any additional efforts caused hereby, furnishing proof as required.
§ 4 Liability
In the case of materials provided on a rental basis, this rented material is carefully controlled and maintained on a regular basis; however, minor damage cannot always be ruled out and does not constitute grounds for complaint. Rented items are not insured for the duration of the event. Liability for loss, damage, theft etc. rests with Client irrespective of culpability. Client’s liability commences upon handover of the items and terminates by agreement or at 6 pm on the first day of breakdown at the latest. No liability is accepted for personal injury and/or damage to objects (e.g. clothing) caused by use of the rented items. Items that are not returned or are damaged will be invoiced to Client at the replacement price. Any liability for damage or loss of the exhibitor’s own material is excluded, particularly in the case of assembly work and/or assembly assistance by our assembly staff. Viavend GmbH is liable for orderly setup and breakdown, taking all safety requirements into consideration. The Exhibitor is responsible for its own stand materials, exhibits etc. without limitation. This applies particularly to assembly, setup etc. by staff of Viavend GmbH. Viavend GmbH accepts no liability whatsoever for consequential damage.
§ 5 Planning and execution
Plans and drawings are always prepared in accordance with the documentation, hall plans etc. provided by the Exhibitor and/or event promoter and apply subject to approval from the appropriate exhibition company. Execution of construction works is in line with the approved and authorized construction plans. In the case of deviating construction site circumstances of which we were not previously aware, we reserve the right to undertake any necessary changes to the plans without prior consultation. Any additional efforts thus incurred are payable by the exhibitor. Stand handover is generally on the day before the official opening of the event.
§ 6 Prices and payment terms
All prices stated are generally charged together with the Value Added Tax rate valid on the invoice date and any statutory provisions. Unless expressly agreed otherwise, the following payment terms apply: Fifty per cent of the quotation amount payable upon award of the order against a request for payment on account, and fifty per cent of the quotation amount payable at stand handover against invoice. If one of the above exhibition events or the exhibition stand is cancelled for reasons beyond Contractor’s control, 40% of the order volume is payable if the order is cancelled up to 8 weeks before the exhibition opening; the quoted amount is payable in full if the order is cancelled after this 8-week period.
§ 7 Copyright
Viavend GmbH is entitled to hold the copyright of all plans, maps, drawings, charts, drafts and supplied items created or produced by Viavend GmbH. Rights of use are transferred once only for the case described in the scope of performance. Client is not entitled to execute performance itself in accordance with our drafts and construction plans or to commission such performance from a third party. The same applies to replication of elements supplied once by us. Transfer of documents produced by us, or tolerance of or acquiescence to production based on our documents, is prohibited unless with our express permission. The provisions of the German Copyright Law (UrhG) apply otherwise.
§ 8 Data privacy
Processing of personal data, e.g. the name, address, email address or telephone number of a data subject, is performed in compliance with the General Data Protection Regulation and with the specific national regulations which apply to Viavend GmbH. For more information about how we treat your data, see the following Data Privacy Information.
§ 9 Miscellaneous
Client is aware that Viavend GmbH is solely a planning and agency office that transfers all works and assembly tasks to third-party contractors. Client hereby expressly consents to this. Where individual parts of these General Terms and Conditions are declared invalid, those parts must be replaced by a legally valid provision that most nearly corresponds to the invalid provision.
The place of jurisdiction and place of fulfilment for mutual claims is Dusseldorf Local Court.
Version: as at January 22nd 2020