Terms and Conditions
General Terms and Conditions (GTC) of Expoequip / IPM AG
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the rental, sale, and provision of related services, particularly in the areas of furniture rental, trade fair equipment, logistics, assembly and disassembly, and project-related services, between
IPM AG – Institut für Produktionsmanagement
Schiffgraben 42, 30175 Hanover
Phone: +49 511 47314790
Fax: +49 511 47314791
Email: info@ipm.ag
Internet: www.ipm.ag
– acting under the brand Expoequip –
(hereinafter "Expoequip" or "Provider")
and entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter "Customer").
1.2 Expoequip's offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special funds under public law. Contracts with consumers within the meaning of § 13 BGB are not concluded.
1.3 Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall not become part of the contract, unless Expoequip has expressly agreed to their validity in writing.
1.4 Individual agreements with the Customer take precedence over these GTC, provided they have been confirmed in writing.
2) Conclusion of Contract
2.1 General
2.1.1 All offers from Expoequip are non-binding and subject to change, unless explicitly designated as binding.
2.1.2 The basis for the creation of an offer are the details provided by the Customer, in particular regarding the place of performance, period of performance, stand area, event format, desired furniture, equipment, and other requirements.
2.1.3 Documents, plans, organizer specifications, exhibitor manuals, or other information provided by the Customer will be taken into account for offer and service creation, as far as necessary.
2.1.4 Dimensions, weights, color specifications, depictions, visualizations, renderings, designs, and other service descriptions are approximate, unless they are expressly designated as binding.
2.1.5 The contract is concluded
- by written acceptance of an Expoequip offer by the Customer,
- by written order confirmation from Expoequip,
- or for orders placed via the online shop in accordance with Section 11.
2.1.6 The German language is generally available for concluding the contract, optionally also the English language.
2.1.7 Changes or additions to an already confirmed order require written or text form. Expoequip is not obliged to accept change requests from the Customer.
2.2 Period of Performance
2.2.1 The period of performance begins with the agreed assembly day and ends with the agreed disassembly day or with the return of the rental items by Expoequip.
2.2.2 The dates specified in the offer, order confirmation, or order are authoritative.
3) Scope of Services
3.1 General Services
3.1.1 Expoequip rents and sells furniture, equipment, and other movable property and provides related services, in particular transport, logistics, assembly and disassembly, installation, retrieval, storage, project management, and other project-related services.
3.1.2 The specific scope of services to be provided by Expoequip results exclusively from the respective offer, order confirmation, or online order.
3.2 Condition and State of the Rental Items
3.2.1 Rental items are generally provided as used items in proper, usable condition. Customary signs of wear, minor optical deviations, or standard tolerances do not constitute a defect.
3.2.2 Color, material, dimension, and equipment deviations are reserved, provided they are minor, customary in trade, reasonable for the Customer, and do not impair functionality.
3.3 Replacement Delivery
If individual items are unavailable for reasons not attributable to Expoequip, Expoequip is entitled to provide equivalent replacement items, insofar as this is reasonable for the Customer.
3.4 Additional and Service Charges
3.4.1 Additional services, in particular project management, assembly, disassembly, transport, logistics, travel costs, storage, special procurement, support with customer's own material, or shipping of customer material, are agreed upon and charged separately.
3.4.2 If services are invoiced according to actual expenditure, invoicing will be based on the actual expenditure incurred.
3.5 Goods for Sale and Individual Services
3.5.1 Goods for sale, graphics, custom-made products, or customer-specific manufactured products will only be delivered by separate agreement.
3.5.2 Unless otherwise agreed, goods for sale, graphics, or individualized materials not taken over by the Customer will remain with Expoequip or may be disposed of after the event. A right to storage or return shipment exists only by express agreement.
4) Designs, Documents, and Rights of Use
4.1 All designs, plans, drawings, visualizations, renderings, concepts, and other documents created in connection with the order remain – subject to a deviating written agreement – the property of Expoequip.
4.2 These documents may not be duplicated, passed on to third parties, or otherwise utilized without prior written consent from Expoequip.
4.3 If the Customer does not receive an order or if a contract is not concluded, the Customer must return or delete all documents provided to them upon request.
4.4 If Expoequip provides design or planning services, rights of use are granted only to the extent expressly agreed upon in writing.
5) Prices and Payment Terms
5.1 Prices
5.1.1 All prices are in Euro and net plus the applicable statutory value-added tax.
5.1.2 If a reverse charge mechanism or other tax treatment applies to cross-border services, the Customer is responsible for proper tax treatment. Any value-added tax or comparable charges subsequently incurred may be retroactively charged to the Customer.
5.2 Payment Terms
5.2.1 The applicable payment terms result from the offer, order confirmation, invoice, or payment details in the online shop.
5.2.2 Expoequip is entitled to provide for the following payment terms at its own discretion, in particular:
- Prepayment by bank transfer,
- Partial payment, in particular 50% upon order placement and 50% after assembly or handover,
- Payment on invoice,
- Credit card payment,
- other expressly agreed payment methods.
5.2.3 If prepayment is agreed, the full invoice amount must have been received in the account designated by Expoequip no later than before the start of the service period.
5.2.4 If purchase on account is agreed, invoices are payable within 14 days from the invoice date without deduction, unless otherwise agreed.
5.3 On-site Reorders
Goods and services reordered on-site or at short notice will be charged separately – subject to their availability and feasibility. Expoequip is entitled to charge an express or additional effort surcharge of up to 25% for this.
5.4 Default of Payment
In the event of default of payment, the statutory provisions apply. Expoequip is entitled to charge default interest in accordance with § 288 BGB. The assertion of further damages remains reserved.
5.5 Set-off and Retention Rights
The Customer is only entitled to set-off or retention insofar as their counterclaims have been legally established, are undisputed, or have been acknowledged by Expoequip.
6) Changes, Withdrawal and Cancellation
6.1 Customer's Change Requests
6.1.1 Changes requested by the Customer after conclusion of the contract require the consent of Expoequip.
6.1.2 Expoequip is entitled to separately charge for additional costs, increased effort, or schedule changes resulting from modifications.
6.1.3 Change requests can generally only be considered if they are communicated in good time before the start of the service period. Longer lead times may be required for custom-made products, individual productions, and graphics.
6.2 Termination / Cancellation by the Customer
6.2.1 The Customer may terminate the order in text form before the start of the service period.
6.2.2 In the event of termination, Expoequip is entitled to charge the following lump-sum cancellation fees:
- for termination up to 1 month before the start of the service period: at least 50% of the order value,
- for termination less than 14 days before the start of the service period: at least 75% of the order value,
- for termination less than 7 days before the start of the service period: 100% of the order value.
6.2.3 The Customer reserves the right to prove that Expoequip incurred no damage or significantly less damage.
6.2.4 Expoequip reserves the right to prove a higher actual damage incurred.
6.3 Special Regulation for Individual Services
Graphic services, custom-made products, individualized products, and already commissioned third-party services must be paid in full in the event of termination, regardless of the termination date, as far as they have already been started, produced, definitively ordered, or reserved.
6.4 Services Already Rendered
Already rendered services, planning services, coordinations, inspections, project management services, or comparable preliminary services must be remunerated proportionally or in full in the event of termination, insofar as they have already been incurred.
7) Delivery, Place of Performance and Handover
7.1 Place of Performance
The place of performance is the event, trade fair, or deployment location agreed between the parties, or, if agreed for storage, the respective designated warehouse of Expoequip or a third party commissioned by Expoequip.
7.2 Delivery
7.2.1 Delivery will be made to the place of performance specified by the Customer.
7.2.2 The Customer must ensure that delivery, installation, assembly, and collection are possible at the agreed time and that all necessary information, access routes, permits, and contact persons are available in good time.
7.2.3 Delays, additional expenses, or additional costs due to incorrect, incomplete, or belatedly communicated information from the Customer shall be borne by the Customer.
7.3 Handover and Acceptance
7.3.1 Handover takes place when the agreed services are made available at the place of performance.
7.3.2 If a joint handover or acceptance is planned, it will be scheduled after completion. A handover protocol may be drawn up.
7.3.3 The service is also deemed to have been properly handed over and accepted,
- if the Customer does not appear at the agreed handover date,
- or if the Customer uses the service in whole or in part.
7.4 Duty to Inspect and Give Notice of Defects
The Customer is obliged to immediately inspect the delivered services for completeness, defects, and functionality and to immediately report any recognizable defects. If no immediate report is made, the services are deemed to have been approved, unless there are hidden defects.
7.5 Subsequent Performance
In the case of defects reported in due time and justified, Expoequip is initially entitled to subsequent performance. Expoequip can, at its discretion, repair or provide a replacement.
8) Retention of Title
8.1 Goods sold remain the property of Expoequip until full payment of all claims arising from the business relationship.
8.2 The Customer is not entitled to pledge or transfer ownership of reserved goods as security before full payment.
8.3 In the event of seizures, confiscations, or other third-party access to reserved goods, the Customer must inform Expoequip immediately in writing.
9) Customer's Obligations Regarding Rental Items
9.1 The Customer must treat all rental items with care and use them exclusively for their intended purpose.
9.2 From handover until retrieval by Expoequip, the customer bears the risk of accidental loss, theft, and damage to the rental items, unless the cause is exclusively attributable to Expoequip.
9.3 The customer may not make any alterations to the rental items, in particular no貼ing, drilling, screwing, nailing, or other interventions that lead to damage or are difficult to remove without leaving residues, unless expressly approved in writing.
9.4 Advertising materials, foils, adhesives, constructions and other attachments must be removed completely and without residue before the end of the service period. Otherwise, Expoequip is entitled to charge for cleaning and restoration costs.
9.5 Provided keys, accessories, fasteners or other components must be returned completely. In case of loss or damage, Expoequip may charge replacement or procurement costs as well as a reasonable processing fee.
10) Liability, Damages and Insurance
10.1 Customer's liability for rental items
10.1.1 The customer is liable for all damages to rental items as well as for their loss during the period from handover or from the beginning of the setup time relevant for exhibitors until retrieval by Expoequip.
10.1.2 This also applies if the damage or loss was caused by employees, agents, visitors, organizers, other third parties or other circumstances for which the customer is responsible.
10.1.3 Repairable damages will be charged to the customer at the cost of the necessary repairs. In case of loss or irreparable damage, the replacement value must be reimbursed.
10.2 Customer's insurance obligation
The customer is obliged to adequately insure the rental items provided to them against loss, theft, damage and vandalism for the duration of the service period, unless expressly agreed otherwise.
10.3 Liability of Expoequip
10.3.1 Expoequip's liability is unlimited
- in cases of intent and gross negligence,
- in cases of culpable injury to life, body or health,
- under the provisions of the Product Liability Act,
- and in cases where a guarantee has been expressly assumed.
10.3.2 In cases of simple negligence, Expoequip is only liable for the breach of an essential contractual obligation. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the customer may regularly rely.
10.3.3 In cases of simple negligence, Expoequip's liability is limited to the foreseeable damage typical for the contract.
10.3.4 Any further liability of Expoequip is excluded.
10.3.5 Insofar as the liability of Expoequip is excluded or limited, this also applies in favor of Expoequip's legal representatives, employees, vicarious agents and other authorized representatives.
10.4 Customer's own material
10.4.1 Insofar as Expoequip transports, stores, processes or otherwise handles customer's own material, Expoequip is only liable in accordance with these GTC.
10.4.2 The customer must pack their own material safely and properly for transport. Damages due to insufficient packaging, labeling or securing are not the responsibility of Expoequip.
10.4.3 Expoequip is entitled to carry out necessary re-packaging or new packaging at the customer's expense.
10.5 Force majeure
Expoequip is not liable for delays, service disruptions or impossibility of performance due to force majeure or other events unforeseeable at the time of contract conclusion for which Expoequip is not responsible. This includes in particular natural events, strikes, lockouts, official orders, traffic disruptions, power outages, epidemics, pandemics, as well as failures of event locations or logistics service providers.
11) Online Shop
11.1 Applicability
Insofar as Expoequip operates an online shop, the following provisions apply additionally to orders placed via the online shop.
11.2 Conclusion of contract in the online shop
11.2.1 The presentation of products and services in the online shop does not yet constitute a binding offer from Expoequip, but an invitation to submit an order, unless expressly stated otherwise.
11.2.2 The customer can place products in the shopping cart and continuously correct their entries before submitting the order.
11.2.3 By submitting the order, the customer makes a binding offer to conclude a contract.
11.2.4 The contract only comes into existence upon acceptance by Expoequip, in particular through order confirmation, provision of the service or invoicing.
11.2.5 Expoequip is entitled to reject orders without stating reasons, particularly in cases of unavailability, unclear information or outstanding claims from previous business relationships.
11.3 Customer account and communication
11.3.1 If a customer account is provided, the customer must provide complete and accurate information requested during registration and keep it up to date.
11.3.2 The customer is responsible for ensuring that the email address they provide is correct and that emails from Expoequip can be received.
11.3.3 The customer must treat their access data confidentially and protect it from third-party access.
11.4 Invoice data
The customer is obliged to provide correct invoice and company data. Expoequip is entitled to charge a reasonable processing fee for subsequent changes to invoice details if the need for change arises from the customer's area of responsibility.
11.5 No statutory right of withdrawal
There is no statutory right of withdrawal, as Expoequip's offer is exclusively aimed at entrepreneurs and contracts with consumers are not concluded.
12) Place of jurisdiction, applicable law, final provisions
12.1 The place of performance for all services provided by Expoequip is, insofar as legally permissible, the registered office of Expoequip.
12.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, insofar as legally permissible, Hanover.
12.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4 Amendments and additions to contracts as well as ancillary agreements require at least text form, unless a stricter form is legally mandatory.
12.5 Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.