6. Retention of title
(a) If the contract foresees acquisition of the contractor’s services by the buyer, then all supplied items remain the contractor’s property until the buyer has fulfilled all accounts payable from the business relationship to the full.
(b) In the event that the buyer has resold supplied items, he already assigns his claims arising from the resale to the contractor now at this moment in time. The contractor accepts this assignement.
7. Stand acceptance
(a) Stand acceptanced takes place on the basis of separate agreement after completion of the entire service at the agreed moment in time. Minor residual work can still be carried out through to the trade fair or exhibition, insofar as this does not essentially impair commissioning of the stand by the buyer.
(b) The buyer is obliged to accept the stand when the prerequisites are fulfilled. Immaterial nonconformities with the agreed services resulting from technical conditions or necessary for other reasons are permitted insofar as these do not involve any loss of quality or essentially impair the functions of the stand. Acceptance is considered to have taken place if the buyer fails to accept the overall service even though he is obliged to to so. Insofar as a mutual commercial transaction has taken place, the statutory inspection and complaints obligation applies with regard to poor and incorrect deliveries in accordance with §§377,378, German Commercial Code. Acceptance is considered to have taken place if the buyer starts to use the service in full or in part. Acceptance can only be refused for material faults.
(c) Following the handover of the stand, the stand passes into the buyer’s possession until the stand is dismantled. The buyer is liable for any damage caused to the stand and accessories in the period from acceptance through to dismantling. It is advisable to conclude special insurance for this purpose.
8. Warrantly, liability and liability restriction
(a) In the case of a justified notice of defects submitted in good time, we are entitled to repair and/or replace the item at our own choice. If replacement deliveries or repairs have failed twice, the buyer has the right to demand a price reduction or rescission of the contract.
(b) Any further claims for compensation are ruled out, apart from cases of wilful intent or gross negligence on our part. Any liability during the period of the trade fair is ruled out completely.
(c) In the event that we provide special services agreed by contract, or liability for acts of non-compliance referring to third parties is limited to wilful intent and gross negligence.
(d) Otherwise, liability is restricted to the business liability insurance benefits.
9. Statute of limitations
(a) Any claims apart from compensation claims from the buyer because of the quality of the work are struck by the statute of limitations within a period of twelve months after acceptance or handover.
(b) Any compensation claims against us are struck by the statue limitaions within a period of twelve months after the claim has arisen and the buyer has awareness thereof. This also applies if the buyer should have known about the claim. The statutory period of limitations applies to gross violation of obligations arising from the contractual relationship and for harmful acts committed with wilful intent.
10. Storage of trade-fair items, liability
Insofar as exhibition stands or other items belonging to the buyer entrusted to us for storage, the following rules apply: taking such items into storage is a favour performed on our part so that no liability is assumed for damage caused to the stored items by minor negligence and Acts of God. The buyer is informed that he should inform his own insurance company about such storage so that the items are covered by the insurance policy as if they were kept in a field warehouse.
(a) We are liable for loss or damage during transport or in our warehouse insofar as we are at fault. In the case of minor negligence, liability in the case of damage is restricted to payment of the repair costs. If repair is impossible or inappropriately expensive, the replacement value is paid.
(b) In the case of minor negligence, no payment is made for reduction in value, loss of use, loss of profits or other compensation claims.
(c) We, our employees and vicarious agents are only liable to the buyer in cases of wilful intent and gross negligence.
11. Place of fulfilment and jurisdiction
(a) Insofar as the buyer is a businessman, Mettmann is the sole place of fulfilment and jurisdiction for all disputes arising from the contractual relationship.
(b) The UN Convention on Contracts for the International Sale of Goods is excluded.