TERMS & CONDITIONS

  1. Contractual basis
    1. All orders are accepted by Fürst Messebau AG based on the following sequence:
      – the quotation
      – the General Terms and Conditions of Business.
    2. Any exceptions to the present General Terms and Conditions must be agreed in writing.
  2. Contents of the contract
    1. All deliveries and services provided shall be exclusively subject to the following terms and conditions.
  3. Quotation and conclusion of contract
    1. Fürst Messebau AG’s quotations are non-binding and do not constitute acceptance of an order.
    2. The contract shall become effective on the date of Fürst Messebau AG’s written acceptance of the order. Nevertheless, any orders submitted are also deemed to have been accepted if they have not been rejected by FÜRST Messebau AG within 30 days of receipt.
    3. Any order submitted by the customer without a prior quotation from Fürst Messebau AG shall be construed as a quotation under the provisions of Art. 3 et. seq. of the Swiss Code of Obligations. Fürst Messebau AG may accept this within 30 days of receipt.
    4. Quotations are produced on the basis of Information provided by the customer and the documentation provided by him and the exhibition management concerned. Fürst Messebau AG shall not be liable for the accuracy of such documentation, in particular that of the exhibition management.
    5. Should the order not be placed, any plans, drafts, drawings, manufacturing and assembly documentation must be returned to Fürst Messebau AG forthwith.
  4. Prices
    1. The prices quoted are valid only in the event of an order for the entire subject of the quotation.
    2. Unless the quotation explicitly states otherwise, the normal rate of value added tax is payable in addition to the prices indicated.
    3. Where the commencement, continuation or conclusion of the works is delayed for reasons beyond the control of Fürst Messebau AG, the latter shall be entitled to charge the additional expenses incurred on a separate basis. These shall be determined in accordance with the cost rates for number of hours worked (including journey and loading (times), motor vehicle equipment, the price of materials and other costs incurred by Fürst Messebau AG as applicable on the day of fulfilment.
    4. Services carried out at the request of the customer and which are not estimated in the quotation, but also additional expenses incurred as a result of incorrect information being provided by the customer or the exhibition organisers, no-fault transportation delays, inadequate ground conditions, or advance third-party services which fail to meet deadlines or required standards, provided such third parties are not vicarious agents of Fürst Messebau AG, will also be billed to the customer. The basis for such calculations is given in point IV.3.
    5. Services and procurements carried out on behalf of the customer at his request as part of the planning and implementation of his participation in an exhibition and which extend beyond the contractually agreed scope of services (full service) shall be charged for separately. Fürst Messebau AG is entitled to subcontract the provision of such services to third parties on behalf of the customer.
  5. Delivery period and assembly
    1. Where a delivery date has been agreed for the commencement of performance or completion, the delivery period shall comprise a period one week prior to and one week subsequent to such date. This shall not apply where the delivery date coincides with a particular exhibition opening. In such instances, the procedure shall be as per point VIII 5.
    2. Where the customer makes changes or modifications to the specifications, any firm delivery dates will no longer be binding.
    3. Where Fürst Messebau AG is prevented from delivering on time by disruption to its operating processes or other events beyond its reasonable control at its own site or that of its subcontractors and which are proven to be of a material significance, or due to labour disputes, the delivery period shall be extended as appropriate. If this renders delivery impossible, the obligation to deliver shall no longer apply. Any claims for damages are excluded. If the customer proves that later fulfilment as a result of the delay does not serve his interests, he may withdraw from the contract. Any further claims are excluded.
  6. Place of performance and transfer of risk
    1. The place of performance shall be Fürst Messebau AG registered office. Unless agreed otherwise, all risks shall therefore pass to the customer once the goods have left Fürst Messebau AG premises. This shall also apply to prepaid deliveries to the customer’s premises.
    2. The cost of the non-fault loss of materials delivered to the site of assembly shall be borne by the customer.
    3. Where Fürst Messebau AG is entitled to make claims against a third party due to the damage caused to the customer, such claims shall be assigned in the context of the liquidation of third-party damage.
  7. Freight and packaging
    1. Fürst Messebau AG’s products are always delivered at the customer’s risk and cost, unless otherwise agreed.
    2. Parts which belong to the customer and are to be used for manufacturing or assembly must be delivered by the customer on the agreed date ex works or site of assembly. Such parts shall be returned ex works or place of use at the customer’s risk and cost.
  8. Acceptance / handover
    1. The provisions of Art. 157-164 of SIA Standard 118 shall apply with respect to acceptance / handover, with the proviso that acceptance be conducted formally, i.e. by indicating completion in addition to mutual verification, and immediately upon fulfilment. The customer undertakes to be present on the handover date or be represented by a duly authorised agent.
    2. If the trade fair stand is not staffed at the agreed time, the delivery / service is deemed to have been duly provided as of completion.
    3. If the customer has taken the product or part of the product into use without prior formal acceptance, acceptance is deemed to have occurred as of the point of usage.
    4. Any outstanding product components / defects shall be delivered / rectified as quickly as possible. If these do not materially impair the functioning of the subject of the contract, they shall not constitute entitlement to refuse acceptance. Retention of payments shall only be permitted on a proportional basis.
    5. If no date is explicitly fixed for acceptance, completion and handover must take place no later than 3 p.m. on the day prior to the opening of the event concerned. Irrespective of the handover, Fürst Messebau AG nevertheless reserves the right to carry out smaller residual works up to the actual opening of the event, provided this does not materially impair utilisation of the exhibition stand by the customer.
    6. Where Fürst Messebau AG products have been leased to the customer, the rented property must be formally handed over immediately following the end of the trade fair if Fürst Messebau AG so requests. The customer is required to be present on the handover date or be represented by a duly authorised agent.
  9. Guarantee and liability
    1. Where the customer purchases the subject of the contract, complaints regarding incomplete or incorrect delivery, the service provided or manifest deficiencies must be made immediately to Fürst Messebau AG in writing upon receipt, delivery or completion. Where a defect only becomes apparent at a later time, despite careful examination, such defect must be reported as soon as it has come to attention.
    2. If complaints about defects are belated or no provisos regarding known defects were made upon acceptance, warranty claims in relation to defects not reported or reported late shall lapse. The same shall apply where the customer makes changes himself or renders it difficult for Fürst Messebau AG to identify the defects.
    3. Reasonable deviations in the shape, size, colour and properties of the material are permitted under the contract and do not constitute entitlement for complaints of defects.
    4. Where an exhibition stand purchased by the customer possesses a defect for which Fürst Messebau AG is responsible, Fürst MessebauU AG shall at its discretion either rectify the defect or provide a replacement. Where the rectification of defects or delivery of a replacement is not possible within a reasonable period or by the actual commencement of the event, or is not reasonable due to disproportionate costs or high expenses, or fails or is refused by Fürst Messebau AG, the customer shall have the right to a price reduction or, if he so chooses, to withdraw from the contract. Where there is only a negligible breach of contract, especially in the case of only marginal defects, the customer shall not have the right to withdraw.
    5. Unless otherwise specified below, the customer shall not be entitled to further claims – for whatever legal reasons. Fürst Messebau AG shall therefore not be liable for claims that do not arise in connection with the subject of the delivery itself; in particular, it shall not be liable for any lost earnings or other financial losses of the customer.
    6. The aforesaid liability limit does not apply provided the cause of the claim is due to unlawful or wilful intent or gross negligence, although the liability to pay compensation is limited to the foreseeable, direct damage.
    7. Fürst Messebau AG shall not be liable for the fulfilment of those services and procurements provided by Fürst Messebau AG on behalf of the customer at his request as part of the planning and organisation for his participation in the exhibition and that extend beyond the contractually agreed scope of service and are subcontracted by Fürst MessebauU AG to third-party firms on behalf of the customer in accordance with point IV. 5 of these terms and conditions. Nevertheless, this shall not apply where the customer provides Fürst Messebau AG with evidence of a breach of its due diligence obligations in selecting the third party firm in question.
    8. Where Fürst Messebau AG liability is excluded or restricted, this shall also apply to the personal liability of Fürst Messebau AG employees, representatives and vicarious agents.
    9. Fürst Messebau AG shall not be liable for the exhibitor’s assets unless the safekeeping thereof has been confirmed in writing.
    10. In the case of contracts for the provision of special consulting services and / or information, Fürst Messebau AG shall only be liable up to the amount of the service being paid for by the customer.
    11. It shall not bear liability for unpaid advice, information or other services.
    12. Fürst Messebau AG shall not be liable for the accuracy of the documents provided by the customer or those supplied by the exhibition management in question. The provisos made by the exhibition management in this respect are also taken up by Fürst Messebau AG.
  10. Insurance
    1. Fürst Messebau AG will insure the shipments it arranges or conducts to the amount of the replacement value of the item shipped, unless otherwise agreed.
    2. Any damage in transit must be reported to Fürst Messebau AG immediately. In the case of shipments by forwarders, any damage must be noted immediately on the bill of lading, while in the case of rail transportation an official railway certificate concerning the damage must be requested immediately and sent to Fürst Messebau AG.
    3. Customer items accepted for storage by Fürst Messebau AG on the basis of written confirmation are insured by Fürst Messebau AG against fire, water damage and burglary for the duration of the storage to an amount equivalent to the replacement value.
    4. If work-related and manufacturing documents such as originals, drawings, negatives, etc. submitted to Fürst Messebau AG are to be insured against any damage, the customer must arrange the relevant insurance. Fürst Messebau AG shall only be liable for the loss of such documents if its wilful or gross negligence can be proven.
    5. Unless otherwise agreed it is the customer’s responsibility to insure the trade fair and exhibition stand against loss and damage of whatever nature during installation and dismantling as well as for the duration of the event.
  11. Basis of credit
    1. The customer’s creditworthiness is a prerequisite for Fürst Messebau AG obligation to perform. Where the customer has provided inaccurate or incomplete information about his person or the facts underlying his creditworthiness or has stopped his payments or his assets have been made the subject of bankruptcy or settlement proceedings, Fürst Messebau AG shall not be obliged to perform the service. In such instances, Fürst Messebau AG is entitled prior to delivery or manufacturing of the trade fair and exhibition stand and / or items to withdraw from the contract and request compensation due to non-fulfilment. The customer retains the right to prove that no damage has occurred or that the damage is not of the amount cited. Fürst Messebau AG reserves the right to assert a proven claim for higher compensation.
  12. Reservation of title
    1. Where the purchase of Fürst Messebau AG goods and services has been agreed between the parties, all subjects of the delivery remain in the ownership of Fürst Messebau AG until complete fulfilment of all liabilities arising from this contractual relationship. If applicable the customer authorises Fürst Messebau AG to apply for an entry in the relevant reservation of title register.
    2. The customer is entitled to resell the reserved goods only in the course of a proper business transaction. He shall not be permitted to pledge or transfer the ownership of collateral. The customer assigns his claims from the resale of the reserved goods to Fürst Messebau AG. Fürst Messebau AG accepts such assignment. The customer shall on request provide Fürst Messebau AG with the information necessary for recovery of the assigned claim, and notify the debtors of such assignment.
    3. Any handling or processing of the reserved goods is undertaken by the customer for Fürst Messebau AG, and no liabilities shall arise for the latter as a result. Where the reserved goods are processed, combined, mixed or confused with other goods and subjects not belonging to Fürst Messebau AG, Fürst Messebau AG is entitled to the resulting co-ownership share in the new item in proportion to the value of the reserved goods as a per cent of the other processed goods at the time of processing, combining, mixing or confusing. Where the customer acquires sole ownership of the item, the contracting partners agree that the customer grants co- ownership of the new item to Fürst Messebau AG in proportion to the value of the processed, combined, mixed or confused reserved goods and keeps these in safe custody on behalf of Fürst Messebau AG free of charge. Where the reserved goods are resold together with other goods, regardless of whether this occurs before or after processing, combining, mixing or confusing, the advance assignment agreed above amounts only to the value of the reserved goods which are sold together with the other goods.
    4. The customer must notify Fürst Messebau AG in writing and without delay of enforcement proceedings by third parties covering the reserved goods or the claim assigned in advance and submits the documentation necessary for an intervention. In the event of the customer’s insolvency, credit unworthiness or bankruptcy, he shall no longer be entitled to sell the reserved goods. The customer is required at Fürst Messebau AG request immediately to return to the latter the goods delivered under reservation of title.
    5. Fürst MessebauU AG undertakes to release, at the customer’s request, the collateral to which it is entitled provided that the value of its collateral exceeds the claims to be secured by more than 20%; the choice of collateral to be released is the responsibility of Fürst Messebau AG.
  13. Property rights, drafts, drawings, etc.
    1. Plans, drafts, drawings, manufacturing and assembly documents and all associated rights remain the property of Fürst Messebau AG, even if they have been handed over to the customer. The transfer of ownership and rights of use must in all cases be made in writing. In addition, the customer may not reproduce the documents or make them accessible to third parties without the written consent of Fürst Messebau AG.
    2. Changes to plans, drafts, etc. may only be carried out by Fürst Messebau AG. This applies even if these documents are under the customer’s ownership, unless exclusive rights to their use have been transferred in writing. Fürst Messebau AG is always entitled to sign its documents and use them for promotional purposes.
    3. Fürst Messebau AG is entitled to seek compensation if the customer reproduces, copies or uses the documents cited in provision 1 in any another way, or makes them accessible to third parties, without the consent of Fürst Messebau AG.
    4. For the carrying out of orders based on information or documents given by the customer, the customer guarantees that the works involved in manufacturing and delivery based on his documents do not breach third parties’ proprietary rights. Fürst Messebau AG is not obliged to subsequently verify whether the information or documents submitted by the customer breach the proprietary rights of third parties.
    5. In the case of orders pursuant to point XIII.
    6. the customer undertakes immediately to release Fürst Messebau AG from any compensation claims by third parties and, if requested, to make advance payments for all claims that arise from the breach of proprietary rights.
  14. Payment terms
    1. An advance payment amounting to 50% of the probable order total is due at the time the order is placed, with the remainder falling due upon completion and billing.
    2. Unless the order confirmation provides otherwise, the invoice amount must be paid net (without deduction) within eight days of the date of invoice.
    3. Deductions of any type are excluded, and advance payments do not earn interest. Bills are accepted only following prior arrangement and on account of payment and are subject to discounting options. If payment is made using bills, cheques or other forms of instruction, the customer shall bear the cost of discounting and recovery. Fürst Messebau AG undertakes to protest discounted bills.
    4. In the event of delayed payment, Fürst Messebau AG is entitled to demand interest on arrears at 5%. If Fürst Messebau AG has suffered damage greater than the amount paid to it through interest on arrears; the customer is also obliged to compensate for this damage unless he proves that he is not to blame for any negligence. Fürst Messebau AG is furthermore entitled, after setting a time limit, to withdraw from the contract or to demand compensation due to non-fulfilment.
  15. Netting, retention and assignment
    1. The customer is only entitled to netting rights if his counter-claims are res judicata, undisputed or recognised by Fürst Messebau AG. Due to disputed counter-claims, the customer is also not entitled to any rights of retention.
    2. The rights of the customer from this contractual relationship are transferable only with the prior consent of Fürst Messebau AG. This applies particularly to those cases in which, following planning and finalisation of drafts for an exhibition stand by Fürst Messebau AG, the contractual relationship ends.
  16. Data protection
    1. It should be noted that data relating to individuals in the context of business relationships or in connection therewith, whether or not it stems from Fürst Messebau AG itself or from third parties, is handled in accordance with the Data Protection Act.
  17. Applicable law and place of jurisdiction
    1. The exclusive place of jurisdiction for all disputes arising between the parties on the basis of this contractual relationship is the registered office of Fürst Messebau AG.
    2. This contract shall be governed exclusively by the laws of Switzerland. The UN Convention on Contracts for the International Sale of Goods is excluded. Concluding provisions Where an individual provision of the contract or the General Terms and Conditions is void or ineffective, this shall not affect the validity of the rest of the agreement. Instead of the ineffective and / or void provision, an appropriate rule that comes closest to the sense and intention of the contract or General Terms and Conditions shall apply.