General Terms and Conditions of Hire, Sale and Delivery of jokic-design Inh. Jovan Jokic,
Krefelder Strasse 161, D-40670 Meerbusch (AGB)
§ 1 General
(1) All legal transactions and offers by jokic-design Inh. Jokic, hereinafter referred to as the Contractor, are based exclusively on the following General Terms and Conditions in the version valid at the time of the order.
(2) The validity of the Client's General Terms and Conditions is excluded.
(3) All exhibition stands are generally only provided for hire for the duration of a trade fair. Therefore, all delivered parts are expressly only rented, unless the parts are expressly designated as sales parts in the offer and/or an order confirmation.
§ 2 Conclusion of contract
(1) The contract is concluded when the Client accepts a binding offer from the Contractor. Acceptance requires that the Client signs the offer and that this is received by the Contractor within the validity period specified in the offer.
(2) All agreements, orders, amendments and cancellations must be made in writing to be effective.
§ 3 Prices
(1) Unless otherwise agreed, all prices are subject to the applicable statutory German value added tax.
(2) Unless otherwise agreed, all prices are for rental for the duration of the respective trade fair.
(3) Not included in the price are the stand costs of the respective trade fair company, connection costs, costs for approval procedures (e.g. statics) and fees of all kinds (e.g. costs for suspension points) charged by trade fair companies. This also includes the costs for waste disposal, for floor coverings and other residual waste, as well as all consumption costs such as electricity and water costs.
(4) Special work or changes requested by the client that are not included in the original order will be charged separately. This also applies to flat-rate orders.
(5) For meetings requested by the client after the order has been placed, reasonable travel, catering and accommodation costs may be charged in addition to the pure time required.
§ 4 Delivery time and delay in delivery
(1) The Contractor's compliance with its delivery and performance obligations requires the timely and proper fulfillment of the Client's obligations. This includes in particular the timely receipt of all documents and files to be supplied by the Client, the timely clarification and approval of the plans and compliance with the agreed terms of payment.
(2) If these requirements are not met on time, the delivery period may be delayed and/or additional costs (such as express costs, overtime surcharges or transportation costs) may be incurred, which shall be paid by the Client.
(3) If disruptions in business operations occur for which the Contractor or its upstream suppliers or subcontractors are not responsible, in particular cases of force majeure, strike and lockout, which are based on an unforeseeable event for which the Contractor is not responsible and which lead to serious operational disruptions, the delivery/completion period shall be extended accordingly.
§ 5 Terms of payment
(1) Unless otherwise agreed in the individual order, payment of 50% of the order amount is due upon conclusion of the contract. The remaining 50% of the order amount is due for payment 10 days before the start of the trade fair.
(2) Payments must be made immediately upon receipt of the invoice without deduction.
(3) Offsetting is only permitted with undisputed or legally established claims.
(4) The Client may only assert a right to refuse performance or a right of retention if the counterclaim is based on the same contractual relationship and has been legally established or recognized by the Contractor.
(5) Payments are to be made exclusively to jokic-design owner Jovan Jokic.
§ 6 Termination and withdrawal
(1) In the event that the client terminates the contract before completion of the work, the following remuneration shall be due:
- If the contract is terminated up to 50 days before the start of the trade fair: 70% of the order amount.
- If the contract is terminated up to 30 days before the start of the trade fair: 80% of the order amount.
- If notice of termination is given less than 14 days before the start of the trade fair: 90% of the order amount.
- If the contract is terminated when the Contractor has already started setting up at the trade fair: 100% of the order amount.
The client reserves the right to prove that no damage has been incurred at all or that the damage is significantly lower than the stated lump sum.
(2) If the Client is in default of payment, the Contractor shall be entitled, after setting a reasonable deadline, to withdraw from the contract without warning of refusal and to demand compensation. In the event of rescission due to default in payment of the first installment amounting to 50%, the compensation shall amount to 10% of the order amount. In the event of rescission due to default of payment of the second installment, the standards set out in paragraph 1 above shall apply. In both cases, the client reserves the right to prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum.
(3) If the fulfillment of the contract becomes impossible due to events for which the Contractor is not responsible, in particular due to force majeure, both parties shall be entitled to withdraw from the contract. Force majeure shall also be deemed to exist in particular if the trade fair is canceled or postponed by the organizer or the trade fair company. In this case, the Contractor shall be entitled to remuneration in accordance with paragraph 1 above.
§ 7 Security precautions / obligations of the customer
(1) Cabins, display cabinets and other lockable pieces of furniture are not burglar-proof. The locking mechanisms only serve as burglary protection in a psychological sense. It is therefore strongly recommended that stand security be ordered. The customer is also recommended to insure the complete rental object (exhibition stand) as well as exhibits or similar items in a suitable manner. The Contractor shall not be liable for any items left on the stand by the Client.
(2) Graphics and other documents to be produced, installed or set up by the Contractor on behalf of the Client shall be the responsibility of the Client. The Contractor shall neither check for any infringement of property rights nor the correctness of the documents. The Client shall indemnify the Contractor against all possible claims for damages due to legal infringements or spelling and color errors.
§ 8 Acceptance/handover
(1) The stand shall be handed over (acceptance) at the agreed time, usually immediately after completion. A handover protocol shall be drawn up for the handover (acceptance). The client undertakes to attend the acceptance date himself or to be represented by an authorized representative. If the client or a person authorized by the client is not present on the agreed handover date, the contractor shall wait for 1 hour without incurring any costs. If the handover date is exceeded by the client by more than 2 hours, the exhibition stand and any rental items shall be deemed to have been handed over free of defects, even if no signed handover report could be produced.
(2) Any outstanding partial services or reported defects shall be made up for or rectified as quickly as possible. Insofar as they do not significantly impair the function of the subject matter of the contract, they shall not entitle the client to refuse acceptance.
(3) If the client has taken the service or part of the service into use without prior formal acceptance, acceptance shall be deemed to have taken place with the act of use.
Shall be deemed to have taken place with the act of use.
(4) If deliveries and services of the Contractor have been provided to the Client on a rental basis (e.g. inventory), the following shall apply:
(a) As the rented goods are generally used materials and items, normal signs of use do not justify a claim for rectification, replacement or return. This also applies to color and surface deviations typical of the material. The rented goods will be cleaned after completion of the exhibition stand. No rectification can be demanded for soiling caused by the surrounding trade fair construction operations in the exhibition hall. It is strongly recommended that a professional stand cleaner be commissioned for the evening before the start of the trade fair, as experience has shown that the dust in the exhibition halls does not settle until the evening before the trade fair.
(b) The risk of accidental loss or damage is transferred from the contractor to the client when the rented goods are handed over. Loss of or damage to the rented property must be reported to the Contractor by the Client without delay. The Client shall pay compensation for all necessary expenses for the manufacture or repair of the rented property, up to a maximum of its value at the time of handover to the Client. It is recommended that the rented property be insured against loss, damage and vandalism at the client's expense. The risk borne by the client ends upon return to the contractor.
(c) The client shall be responsible for the care and supervision of the entire rental object from the time of handover. If the client breaches the duty of care and supervision, he must compensate for the resulting damage.
(d) The rental relationship shall end at the end of the respective event (trade fair) and dismantling shall begin immediately at the end, unless otherwise agreed. At the request of the contractor, a formal handover of the rental object must take place. The client is obliged to attend the handover or to be represented by a duly authorized representative. Any items left behind at the exhibition stand by the Client shall be disposed of without compensation.
§ Section 9 Liability
(1) The Contractor shall be liable for damages resulting from injury to life, body or health in accordance with the statutory provisions.
(2) The contractor shall only be liable for other damages in the event of intent and gross negligence.
(3) In the event of damage to property and financial loss caused by negligence, the Contractor shall only be liable in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract.
(4) Liability for indirect damages, in particular loss of profit, is excluded.
(5) Insofar as the Contractor's liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives or vicarious agents.
§ 10 Warranty
(1) Liability for defects shall be governed by the provisions of the German Civil Code on contracts for work and services.
(2) In principle, the Client may initially only demand subsequent performance in the form of rectification. The type and manner of proper rectification shall be at the discretion of the Contractor. The Contractor shall be entitled to make a replacement delivery at any time. The Client may assert further claims, in particular claims for a reduction in price or withdrawal from the contract, if two attempts at rectification have failed due to the same defect.
(3) The liability for defects shall not extend to such defects that arise at the client's premises due to natural wear and tear, moisture, excessive heating or improper handling or improper storage. Similarly, the liability for defects does not extend to reasonable deviations in shape, dimensions, color and quality of the material.
(4) The Client shall be responsible for the correctness and completeness of any templates (e.g. print files), dimensions and other information provided to the Contractor for the execution of the order. Incorrect information on the part of the client cannot justify a defect in the service.
(5) The Client is obliged to notify the Contractor immediately of any defects and to give the Contractor the opportunity to make the relevant findings. Notices of defects must be addressed exclusively to jokic-design Inh. Jokic.
(6) If the notification of defects is late or if reservations were not made at the time of acceptance due to known defects, the liability for defects shall lapse completely.
(7) Liability for defects shall also lapse if the customer makes changes himself or makes it difficult or impossible for the contractor to detect and rectify the defects, which is regularly the case with a notice of defects after the end of the trade fair for defects that occurred or became known during the trade fair.
§ Section 11 Copyright and other property rights
(1) The design documents, the planning, drawing, production and assembly documents as well as the design and the concept description shall remain the intellectual property of the Contractor. The Client is not entitled to reproduce the resulting documents without the Contractor's consent, to exploit them itself or to pass them on to third parties. He is also not entitled to create replicas from them or have them created.
(2) If the client violates the copyrights or industrial property rights, he shall pay a contractual penalty amounting to 50% of the order amount. Any further claims for damages and injunctive relief shall remain unaffected by this.
(3) The provisions of the above paragraph 2 shall also apply if no contract is concluded. The constructional execution of the Contractor's planning services and designs by third parties is expressly prohibited.
(4) The Contractor is entitled to publish image or video material of the delivered services free of charge or to use it for advertising purposes (e.g. homepage, social media). In doing so, the Contractor shall take into account the legitimate interests of the Client.
(5) If the Client provides the Contractor with planning documents, the Client shall guarantee that the production and delivery of the work produced in accordance with the planning documents does not infringe the property rights of third parties. The Contractor shall be under no obligation to check whether the documents provided to it by the Client are subject to third-party property rights. If claims are asserted against the Contractor by third parties due to an infringement of property rights, the Client shall indemnify the Contractor against all present and future claims.
§ 12 Data processing
The Contractor shall be entitled to process and store the data received in relation to or in connection with the business relationship in accordance with the applicable data protection regulations under the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). The Contractor guarantees that no Client data will be passed on unless it is necessary for the execution of the order or the Client has expressly consented to such a transfer.
§ Section 13 Place of performance and place of jurisdiction
(1) The place of performance for payment by the client is Neuss.
(2) The exclusive place of jurisdiction is Neuss.
(3) The law of the Federal Republic of Germany shall apply.
§ 14 Severability clause
(1) Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions of these terms and conditions. Ineffective provisions of these terms and conditions shall be replaced by provisions that come closest in their effectiveness to the omitted provision of these terms and conditions. The same shall apply in the event of a loophole.
(2) The Contractor reserves the right to adapt these GTC to the applicable legal situation and jurisdiction at any time and without prior notice.
Status: 01.01.2020