§ 1 Scope of Conditions
(1) All offers from mlg GmbH are non-binding and subject to change unless expressly marked as binding or contain a specific acceptance period. Information from mlg GmbH regarding the subject of delivery or service, as well as representations thereof (e.g., drawings and illustrations), are only approximate unless precise conformity is necessary for the contractually intended purpose. They are not guaranteed characteristics but rather descriptions or identifications of the delivery or service.
(2) The conclusion of the contract only occurs when mlg GmbH sends an order confirmation to the customer after the offer (order forms of mlg GmbH also constitute offers).
(3) The written contract, in the form of the corresponding offer in conjunction with the order confirmation or the order form, including these General Terms and Conditions, is solely decisive for the legal relationships between mlg GmbH and the customer.
(4) Oral statements and agreements are legally non-binding and require written confirmation to be effective. Supplements and amendments to the agreements made, including these terms and conditions, require written form to be valid. Transmission via fax or email is also sufficient to meet the written form requirement.
(5) Rental exhibition stands are provided for the duration of an exhibition. Therefore, all delivered items are explicitly rented unless they are designated as purchased items in the offer and/or order confirmation.
§ 3 Prices
(1) The rental prices of mlg GmbH are valid for the duration of the respective exhibition or event, up to a maximum of 9 days, plus 3% insurance (damage caused by third parties), plus 4% surcharge for energy/raw material/transportation costs, and the statutory value-added tax.
(2) Unless otherwise agreed, the price does not include exhibition-related connection costs, costs for approval procedures (e.g., statics), as well as fees of all kinds charged by trade fair companies, freight forwarders, clearance authorities, customs offices, etc. Any new charges imposed on the rented items due to increases in VAT, transportation tax, customs duties, export duties, overseas freight, or similar official measures or orders after the conclusion of the contract will be borne by the customer.
(3) For system stands, plan changes from the third modification onwards will be charged at a flat rate of EUR 25.00 plus VAT per modification. From the start of construction, changes to the stand layout for system stands will only be carried out subject to feasibility and at additional costs (hourly rate EUR 55.00 plus material plus VAT).
(4) In the event of default in payment, mlg GmbH reserves the right to refuse delivery of the rental items or to retrieve already delivered rental items prematurely.
(5) If an order from a customer is received by mlg GmbH only 21 days before the start of the fair, there will be a surcharge of 25% on the rental price; if received 14 days before the start of the fair, there will be a surcharge of 50%. If the order is received only five days before the start of the fair, there will be a surcharge of 100% on the rental price.
§ 4 Delivery and Delivery Time
(1) The fulfillment of delivery and performance obligations by mlg GmbH requires the timely and proper fulfillment of the customer's obligations. This primarily includes the timely submission of all documents to be provided by the customer, timely clarification and approval of plans, absence of construction site hindrances, compliance with the agreed payment terms, and other obligations of the customer. If these conditions are not met in a timely or complete manner, the deadline for mlg GmbH's performance will be extended by the period during which the customer fails to fulfill its contractual obligations towards mlg GmbH.
(2) mlg GmbH is not liable for the impossibility of delivery or for delivery delays caused by force majeure or other unforeseeable events at the time of contract conclusion that are beyond the control of mlg GmbH. If such events significantly hinder or make delivery or performance by mlg GmbH impossible and the hindrance is not only of a temporary nature, mlg GmbH is entitled to withdraw from the contract. Claims for damages against mlg GmbH are excluded in this case.
§ 5 Rental Conditions
(1) The rental items are provided for the agreed purpose and duration. Delivery is made in such a way that the rental items are available at the start of the fair/event. Subletting is only permitted to co-exhibitors of the same booth. Liability for the rental items remains with the contractual partner of mlg GmbH in the case of subletting.
(2) The tenant's liability begins with the delivery of the rental items and ends with their return by mlg GmbH. Liability starts with delivery to the fair booth and ends with retrieval from there. This applies even if the fair booth is not occupied.
(3) In case of unforeseen events, mlg GmbH reserves the right to deliver equivalent or better replacement items to the customer instead of the ordered rental items.
(4) No partial rental refund will be provided for items included in the basic equipment that the customer does not need on a case-by-case basis. These items cannot be exchanged or offset against other services.
(5) The customer is responsible for the care and supervision of the entire rental item from handover before the fair starts until 4 hours after the fair ends. The tenant is liable regardless of fault for damages and losses of the rental items during the period in which the rental items are in their care, provided that the damages were not caused by a third party and therefore covered by insurance (see § 3 Paragraph 1 of these conditions). Consequently, the customer is responsible for all necessary expenses for the restoration or repair of the rental items. If an item is damaged to an extent that restoration is not possible, the customer is responsible for the cost of replacement. In case of loss of the rental items, the customer is responsible for the cost of replacement. Such events do not release the customer from the obligation to pay the rent. The customer must inform mlg GmbH immediately of such events.
(6) The rental agreement ends with the end of the respective fair/event upon return by mlg GmbH. Dismantling begins immediately after the end, unless otherwise agreed. The rental items must be made available for pick-up and accessible by the tenant after the end of the event. Items left at the rental booth will be disposed of without compensation.
(7) Rental items can only be canceled free of charge up to 21 days before the event. In case of later cancellation, the full rental fee will be charged.
§ 6 Minimum Order Value / Non-achievement of Minimum Order Value
(1) A minimum order value of 100 euros (hereinafter referred to as "minimum order value") applies to all orders unless there is a separate written agreement between the customer and mlg GmbH.
(2) The minimum order value refers to the total value of the ordered goods net of discounts or other benefits.
(3) If the minimum order value of 100 euros is not met, we reserve the right to charge a fee of 35 euros (hereinafter referred to as "minimum order value fee").
(4) The fee is charged in addition to the order value and must be paid by the customer if the minimum order value is not met.
(5) The fee is intended to partially cover the costs incurred for processing, packaging, and shipping.
§ 7 Payments
(1) The customer must pay the entire rental fee to mlg GmbH within 14 days of receiving the invoice, at the latest, before the start of the fair. Payment must be made immediately upon receipt of the respective invoice without deduction, unless otherwise agreed in writing. mlg GmbH reserves the right to apply other payment terms, which will be explicitly mentioned in the order confirmation.
(2) Foreign payments must be made by fee-free bank transfer.
(3) Offset against counterclaims of the customer or withholding of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally determined. Furthermore, the customer is only entitled to exercise a right of retention to the extent that their counterclaim arises from the same contractual relationship. The assertion of an additional right of retention - especially the commercial right of retention within the meaning of § 369 of the German Commercial Code (HGB) - is excluded.
(4) mlg GmbH only accepts bills of exchange by prior written agreement and for the purpose of fulfillment. All costs are borne by the customer. The payment claim remains until the bill of exchange is redeemed.
(5) If events occur with the customer that affect their creditworthiness, mlg GmbH is entitled to demand immediate payment of all outstanding, already due claims. If payment is not made despite a request to do so within a reasonable period, mlg GmbH may withdraw from the contract and take back the items delivered by them.
(6) In case of payment default, mlg GmbH is entitled to withdraw from the contract after setting a reasonable deadline without further notice and to demand compensation for its planning and preparation services. The assertion of further damages, particularly for delayed performance, remains unaffected.
§ 8 Insurance
(1) The tenant is aware that the rental items are not insured against theft. It is recommended that the rental items be insured for the duration of an event, including setup and dismantling, and the tenant is responsible for arranging this insurance themselves.
(2) The insurance value of the rental items can be communicated in writing upon request. Fragile materials such as glass tabletops, showcases, and other glass furniture must be insured separately or declared to the insurance company.
§ 9 Warranty and Compensation
(1) In the case of rentals, the customer must inspect the rental item for defects upon handover and promptly report any defects. If this notification is not made or is delayed, warranty rights are excluded. Complaints after the fair regarding obvious defects or other defects that would have been recognizable with prompt and careful inspection will not be recognized.
(2) Properly raised and substantiated complaints will be addressed by mlg GmbH at its discretion either by rectification, exchange, or return of the goods with a refund of the rental price. Since the rental items are used goods, normal signs of wear do not constitute grounds for rectification, replacement, or return. This also applies to material-specific color and surface variations.
(3) Further claims by the contractual partner are excluded to the extent legally permissible.
(4) If the goods lack a guaranteed feature or if the customer suffers damage due to a defect caused by mlg GmbH or its agents or assistants acting intentionally or with gross negligence, the customer can claim compensation for this. mlg GmbH is not liable in case of simple negligence by its organs, legal representatives, employees, or other agents, unless it constitutes a breach of material contractual obligations. In case of such a breach of material contractual obligations, mlg GmbH's liability is limited to foreseeable damages. mlg GmbH is liable according to legal provisions for damages resulting from injury to life, body, or health.
§ 10 Complaints
(1) The tenant is obliged to immediately check the proper condition of the rental items and the completeness of the delivery upon delivery.
(2) By accepting the goods, the tenant confirms the proper performance. Any complaints by the tenant regarding non-conforming services must be made within 24 hours. Later complaints cannot be considered.
(3) The tenant is aware that the rental items are reused and not always in new condition. Usual signs of wear do not justify a complaint.
(4) Properly raised and substantiated complaints will be addressed by mlg GmbH through price discounts, rectification, exchange, or return of the goods with a refund of the rental price. Further claims by the contractual partner are excluded to the extent legally permissible.
(5) All dimensions provided by the lessor are approximate. The lessor reserves the right to deviations in form, size, and color, provided it is reasonable for the customer.
(6) The tenant must allow the lessor to rectify or assess the complaint.
§ 11 Security
Cabins and lockable furniture are not burglar-proof. The locking mechanisms serve only as visual protection. Therefore, it is strongly recommended to order stand security.
§ 12 Copyright
(1) Plans, designs, and drawing documents remain the property of mlg GmbH with all rights reserved. mlg GmbH reserves all property and copyright rights. These documents may not be reproduced or made accessible to third parties without the consent of mlg GmbH. Consent to the transfer of property and copyright rights must be in writing. Changes to plans, designs, etc., may only be made by mlg GmbH. mlg GmbH is entitled to sign works and use them for advertising.
(2) Graphics and other documents to be produced, assembled, or set up by mlg GmbH on behalf of the customer are the responsibility of the customer. mlg GmbH does not check for infringement of intellectual property rights or the accuracy of the documents. The customer indemnifies mlg GmbH from any potential claims for damages due to legal violations or errors in writing or color.
§ 13 Data Processing
mlg GmbH is authorized to process and store data regarding business relationships or related data received about the customer, whether from the customer themselves or from third parties, in accordance with data protection laws. mlg GmbH guarantees that customer data will not be disclosed unless necessary for order execution.
§ 14 Storage
(1) In principle, no customer items are stored.
(2) If storage is nevertheless desired in individual cases, this requires a corresponding written agreement. mlg GmbH is liable for the stored items only in case of intent and gross negligence or breach of material contractual obligations.
§ 15 Final Provisions
(1) The place of jurisdiction for any disputes arising from the business relationship between mlg GmbH and the customer is the registered office of mlg GmbH.
(2) The relationship between mlg GmbH and the customer is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
(3) If the contract or these General Terms and Conditions contain gaps, those legally effective provisions shall be deemed agreed upon which the contracting parties would have agreed upon considering the economic objectives of the contract and the purpose of these General Terms and Conditions had they been aware of the gap in regulation.