I. Conclusion of Contract
Each and any conclusion of contract requires written form. Any later amendments to the contract require written form. If the customer does not contest the acceptance of order by MSS within a week the contract and it’s details are accepted as per acceptance of order.
The price lists of MSS are non-binding and subject to change without notice. Solely binding are contracts offered and acceptance of orders by MSS. Prices for lease/rental apply for the duration of an
event if not agreed otherwise. Invoicing takes place electronically by e-mail. Should
the customer not have stated a general e-mail address for invoicing the e-mail address of the direct contact partner is used for invoicing. If no e-mail address is available the invoice will be sent to the mailing address of the customer by conventional mail.
III. Obligations of the customer
The customer is aware that used elements for exhibition purposes are leased. Claim or entitlement to new material(s) does not exist. All and any notice of defects for the leased items must be claimed immediately upon delivery or acceptance by the customer. The notice of defects must be submitted
in written form. All and any claims after the end of the fair cannot be accepted. The customer is aware that the leased items are not insured. It is recommended that the customer should take out an exhibitor’s insurance for the duration of lease and to ensure the leased items are guarded. The customer accepts minor deviations of shape and color of the outfit and implementation for leased
items. For special cases the lessor may offer equivalent, similar or more valuable items as replacement.
For valid claims of defects the customer is neither entitled to claim redhibitory action (anulment) nor
reduction of price but solely rectification of defects. MSS is entitled to replacement delivery.
Should MSS not be able to furnish replacement or remedy within reasonable time the customer is entitled to claim reduction of price but not anulment.
IV. Return of items
The customer obligates themselves to return the leased items in proper condition.
All leased items shall be made available ready for pickup at the end of the event. The customer is responsible for defects of the items which are determined upon return to MSS and which
have not been claimed upon receipt. Soiled and sticky leased items are cleaned at cost of the customer. Missing or damaged parts are invoiced at replacement cost. The Lessee holds liable for the leased items until pickup by MSS, at most 24 hours after the end of the event.
V. Retention of title
In case of sale the goods/items remain property of MSS until complete fulfillment of all liabilities. The customer is obligated to treat with care all and any items subject to retention of title. Any change of location as well as intervention of third parties, especially seizure or execution, shall be reported to MSS without undue delay in written form and in the event of seizure or execution under submission
of the bailiff’s return resp. deputies’ records.
VI. Contractual exclusion of set-off
The customer is not entitled to set-off claims arising of the contract with counter claims. The exclusion of set-off also extends to any claims of compensation if these are under dispute.
VII. Cancellation costs
In the event of cancellation of the order up to 14 days before start of the fair/trade show MSS is entitled to claim 25% of the purchase price. In the event of cancellation of order less than 14 days before start of the fair/trade show MSS is entitled to claim 75% of the purchase price because of custom manufacture. In the event of cancellation of the lease contract by the customer up to eight (8) days prior to start of the fair/trade show MSS is entitled to claim 25% of the rental fee. For less than eight (8) days until start of fair/trade show the customer must pay the full rental fee. For the damages flat both parties are entitled to prove that for the individual case the damage is greater or lower than the respectively agreed flat fee.
VIII. Place of execution and jurisdiction
If not agreed otherwise and for both sale as well as lease the place of performance is 86420 Diedorf for delivery by MSS as well as for pickup by the customer. The place of jurisdiction shall be Augsburg.