General Terms and Conditions
Shipping Terms
Shipping Terms will be individually defined within the quotation. If the quotation does not state any terms, the goods will be delivered FCA (Free Carrier) according to the latest version of the Incoterms.
Lead Time
Lead times are individually defined within the quotation. If the quotation does not state any lead time it is defined by the time necessary for fabrication.
Price
All prices in the quotation are net prices exclusive of VAT and any other taxes, duties, and local administrative fees. The Contractor is bound to this offer for a period of 14 days. The agreed price is a lump sum fee.
Payment Terms
Payment terms are individually defined within the quotation. If the quotation does not state any terms the quotation assumes payment 100% after purchase order payable within 10 days after invoicing.
Warranty and Liability
At its own discretion, the Contractor undertakes to repair, replace or credit as quickly as possible any parts of the exhibit that are proven to be defective due to bad material, faulty design or poor workmanship within the warranty period - a maximum of 12 months from the date of shipment unless otherwise defined in the quotation. Replaced parts shall become the property of the Contractor.
The Client shall bear the costs incurred to enable the defect to be remedied (i.e. the Contractor’s travel to and from the site and overnight accommodation or, at the Client's choice, removal, outward and return shipment and reinstallation of the defective part).
Excluded from the warranty and liability are all defects in the goods supplied by the Contractor which result from normal wear and tear (e.g. abrasion, corrosion etc.), repairs, improper maintenance, failure to observe the operation and installation instructions, excessive stress, testing, use of any unsuitable operating material, exposure to chemical or electrolytic substances, or resulting from other reasons beyond the Contractor's control.
The prerequisite for the Contractor’s liability is for the Client to perform technical service and maintenance at regular intervals and according to the handbook.
Additional Work and Expenses
Additional work will be carried out and charged according to prior negotiation and on a time and material basis.
Exhibit Development
Prior to the start of production, the Contractor must submit release drawings and, if software services or graphic work are included in the scope of services, storyboards, or graphic data (hereinafter collectively referred to as "Product Plans") for review and written approval by the Client. These Product Plans shall set out the final specifications of the exhibit in detail.
The Client shall complete its review within five (5) working days and provide the Contractor with a set of approved Product Plans (the "Approved Documents"). If the Contractor does not agree with the Product Plans, it shall propose requested changes to the Product Plans or an alternative solution to be mutually agreed. The Contractor shall then adapt the Product Plans and resubmit them for approval. The agreed lump sum fee shall cover a one-off change to the Product Plans. Additional changes that are made after the first review and approval by the Client shall be remunerated separately on a time basis at the Contractor's hourly rates valid at the time of the change.
All pictures in this quotation are for illustration purposes only; the final implementation may vary.
The Contractor shall design, manufacture and, if included in the scope of services, package, transport and install the exhibit in accordance with the Approved Documents. The Contractor shall exercise the necessary expertise, care, and diligence in the performance of the contractual work and fulfil its contractual obligations in accordance with the recognized professional standards.
The Client shall provide the Contractor with all necessary data and information required for the execution of the exhibit prior to the start of the execution of the exhibit.
Subsequent Changes after Approval of Product Plans
If the Client wishes to make significant changes (including but not limited to modifications, variations, alterations, omissions, additions, substitutions, or other changes) to the Product Plans or the exhibit after approval of the Product Plans in accordance with the above paragraph, the Client must inform the Contractor in writing of these change requests.
The Contractor shall examine the effects of the requested changes regarding feasibility, costs, and schedule. If a requested change is feasible, the Contractor shall submit an offer for the change to the Client within ten (10) working days, including the effects on the agreed lump sum fee (increase or decrease).
The Client shall not have a legal claim to execution of the change until the change has been agreed in writing in a separate supplementary agreement between the Client and the Contractor ("Supplementary Agreement").
Project Schedule
Under consideration of the lead time defined in this quotation within ten (10) working days the Contractor will provide a detailed schedule (“Project Schedule”) to the Client which defines dates for manufacture, and if included in the scope of services, packing, shipping, and installation.
In order to meet the Project Schedule, it is essential that the Client provides all necessary information and approvals and makes payments in accordance with the agreed payment schedule. The Client acknowledges that any delays may affect the Project Schedule and lead to a delay in the completion date of the Work. The Contractor shall not be responsible for any delay in the Project Schedule if such delay is caused by any act or omission of the Client.
Inspections
During the production phase, the Client is welcome to visit our workshop at any time.
Factory Acceptance (“Werksabnahme”), Transfer of Risk (“Gefahrenübergang”)
After completion of the exhibit, the Client must accept the exhibit at the Contractor's registered office (“Factory Acceptance”). The Contractor shall request the Client in writing to declare Factory Acceptance, setting a reasonable deadline of at least five (5) working days. Factory Acceptance is considered granted if the Client refuses acceptance after the expiry of this deadline without stating in writing any significant defects in the exhibit. Upon Factory Acceptance, the risk of accidental loss and accidental deterioration of the exhibit passes to the Client (Legal Consequences of Factory Acceptance).
Shipping and Installation, Site Acceptance
If shipping and installation of the exhibit as well as training of the Customer’s personnel are included in the scope of services, the Client must provide the following conditions to ensure due shipment, installation, and handover:
- all construction on building(s) must be finalized
- unobstructed and designated access to installation site
- provision of necessary infrastructure by client: electricity, data/LAN, water, waste(water) disposal, compressed air, ventilation, lighting, etc.
The Contractor reserves the right to charge the Client any additional costs resulting from delays caused by non-compliance with the above parameters. If the Client is unable to receive the ordered exhibit, the Contractor offers temporary storage of the exhibit free of charge for a maximum period of four (4) weeks.
If shipping and installation of the exhibit as well as training of the Customer’s personnel are included in the scope of service, the Client must accept the exhibit again after installation of the exhibit at the place of shipment (“Site Acceptance”). Site Acceptance is considered granted if the Client refuses acceptance without stating in writing any significant defects in the
exhibit. Furthermore Site Acceptance is considered granted if the Client puts the exhibit into operation and/or uses it for its own purposes. Upon Site Acceptance, the warranty period commences, the outstanding amount of the lump sum fee becomes due, the Client bears the burden of proof for the defectiveness of the exhibit (Legal Consequences of Site Acceptance). If shipping of the exhibition has not been agreed, the Legal Consequences of Site Acceptance take effect upon Factory Acceptance.
Handbook
Upon shipment of the exhibit, the client receives a handbook including instructions for service and maintenance and a detailed list of components that are subject to wear and tear. The handbook will be set up either in English or German. The client assures that the personnel effecting service and maintenance is capable of that language.
Exhibit Operation
Although the Contractor’s exhibit is designed to be durable and robust, it must be inspected for potential damage on a daily basis. It is mandatory to regularly service the exhibit and replace components that are subject to wear and tear.
26.02.2024