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delivery terms

valid as of october 2003

I. terms applicable for hire and sale

1. validity

the goods, services and quotations from us shall be exclusively in accordance with these terms and conditions of business. if an order is placed, these terms and conditions of business shall be deemed to have been accepted. any agreements to the contrary shall require our written consent. any counter confirmations by the hirer or purchaser referring to its own terms and conditions of business are hereby opposed. special terms shall apply to deliveries abroad.

2. quotation and conclusion of contract

quotations are only produced on written request, are provisional and non-binding unless specified otherwise in the quotation. declarations by our employees are not binding and only effective if they are recognised and/or confirmed in writing by kopfstand. we shall only recognise orders in written form and they shall require our written confirmation.

3. conversion and reduction

conversion or reduction of the price and subsequent delivery can only be demanded if an attempt at repair or subsequent delivery has been made unsuccessfully on the part of the purchaser/hirer. real wood, real wood veneers and leather are natural products. so colours, structure and surface may differ from those pictured. metals, especially cast and/or polished aluminium, can exhibit differences in the surface caused by the production process. for subsequent orders, we cannot guarantee consistency of models or consistency in terms of colour, structure and surface. the above reasons do not justify refusal to accept by the purchaser / hirer, neither do they justify a claim for amendment and/or return of the goods. (see also II and III)

4. place of jurisdiction

the place of jurisdiction for both parties is Munich.

5. other information

if a clause is or becomes invalid, this shall not affect the validity of the remaining terms or agreements. all further terms, unless detailed under I, II or III, shall be governed by the applicable law.

II. terms on hire application in addition to I.

1. conclusion of contract

orders shall only be recognised in writing. the order must include the location of the event, the name of the event, the hire period and the exact delivery address. incorrect or incomplete information shall absolve us of any obligation to comply with deadlines agreed. orders to different delivery locations (including different show stands) and subsequent orders for an existing job are treated as separate orders. shipping costs will be calculated separately.

2. prices

the rent shall be valid from the kirchheim-heimstetten store, prices are in € plus shipping and statutory value added tax. the shipping costs invoiced by us include, unless agreed otherwise in writing, delivery to the stand (boundary stand), storage of the packaging material by us and collection (for more information, see II. 11).
delivery to the new exhibition centre in Munich by kopfstand mobiliar is free of charge. rush deliveries, courier services or subsequent deliveries are charged at the normal rate. if transported by a haulage company, the costs shall be charged to the hirer. (for more information, see II. 11)

3. payment

unless agreed otherwise, invoices must be paid within 15 days.
deliveries will only be made to new customers for payment in advance or COD. if the payment terms are exceeded, we will charge for the costs incurred. further deliveries, even for orders that have already been confirmed, are only made against payment in advance. we also reserve the right to demand a deposit to the level of the value of the goods or to refuse any further deliveries.
shipping costs that are included in the invoiced amount are not subject to cash discount. the cash discount amount is stated separately on the purchase order and the invoice.

4. hire period

the hire price shall apply for the duration of the event, but for 14 days at the most. for events which exceed this period or if the hired goods are returned late, the hire price shall be 50 % of the list hire price for each week or part thereof (see also point II.a. and II.b.) the hired goods shall only serve the agreed purpose at the agreed event. any other use over the same period or subsequently shall not be authorised. we must be informed in writing immediately if the hired goods are moved to another location (show stand). otherwise the hirer shall be fully liable for any damages and losses incurred as a result.
in exceptional cases, the hire period can be extended after the event. however, this is only possibly on written request from the hirer and with our express written consent.

5. delivery and collection

the lesser shall not be responsible for delayed deliveries as a result of unforeseeable events. incomplete information shall absolve us of any obligation to deliver (p. I.1).
a. delivery by kopfstand
the hired goods shall be delivered in good time before the beginning of the event. special delivery dates can only be agreed to the event that delivery or collection will be completed by an agreed date. they must be confirmed in writing. agreements on dates which specify delivery and/or collection on a fixed date and/or time are not binding.
the hired goods shall generally be collected after the end of the event or on the days thereafter. until it is handed over to us, even if this is at a later date, the hirer shall be responsible for the hired goods. if the hired goods cannot be collected despite repeated attempts, the hirer is obliged to send them back to us at its own expense within 4 days. this also applies if the hirer has accidentally taken the hired goods with it.
b. transport by a courier/haulage company
we reserve the right to have the hired goods delivered by a carrier. goods are transported in specially designed packaging. the hirer is responsible for proper storage of packaging materials, proper packaging of the hired goods for return transport and punctual delivery back to us. the hirer bears the costs. the hired goods must be returned to us at our premises no later than 4 days after the end of the event or by the agreed date, otherwise another 50 % of the list hire cost is payable for each week or part thereof, irrespective of the prior hire period. if we are to collect the goods, this must be agreed separately. if the goods are not delivered by the carrier by the agreed date, the customer must contact us by 14:00 in order that measures can be taken if necessary.
c. delivery with special permission
if the furniture can only be delivered or collected with special permission or a special ID card, the customer or its representative is obliged to inform us of this. it must ensure that we have the ID cards and permits in good time and free of charge. if they are not provided to us in time or not at all, the customer or its representative is liable for any delays in delivery or collection. the resulting costs are also borne by the customer. the same applies if the delivery is not made by us, but by a delivery company authorised by us.

6. replacement delivery

in exceptional circumstances (acts of god, etc.) or if damage is reported promptly, we reserve the right to provide the hirer with replacement goods to the same or higher value for the same price.

7. transfer of risk

as of the handover of the hired goods on the stand or the collection of the hired goods from the kirchheim-heimstetten store, the hirer shall be responsible for the hired goods. the hirer undertakes to use only the packaging provided. damage or loss caused as a result of improper transport or use shall be the liability of the hirer. any faults in the hired goods or incorrect deliveries must be reported to us immediately on receipt of the hired goods. goods made of glass must be checked for breakage in the presence of the driver. any external damage to the packaging must be noted on the shipping docket or receipt. subsequent complaints cannot be accepted. the hirer’s liability for the hired goods ends when we collect them or they are handed over at our kirchheim-heimstetten store.

8. insurance
the hired goods is no longer insured by us. it makes no difference whether the delivery is made by kopfstand mobiliar, couriers, express delivery service or other shipping carrier.
the same applies if you collect the goods from our kirchheim-heimstetten store yourself.
hired goods which are missing or not returned will be charged at the list price. damaged furniture which can be repaired will be replaced by us. replacement parts and time will be charged to the hirer. we recommend including the hired goods in the stand insurance. or concluding an appropriate insurance policy
goods value – insurance value
we will inform you of the insurance value of the hired goods in writing on request
breakable material
material which is easily breakable, such as glass table tops, display cases and other glass furniture must be insured separately or specifically reported to the insurance company.
International use
Because of the increased risk abroad and, if applicable, the extended hire period, the insurance company must be informed of any plans to use the goods abroad.
9. cancellation

the customer has the right to cancel up to 14 days before delivery is scheduled. if it cancels later, the full hire price plus costs incurred will be payable.

10. rush orders

rush orders are only carried out if the order confirmation is faxed back to us signed by an authorised signatory of the company placing the order. the hirer must pay the full costs if rush orders are cancelled that have already been confirmed.

11. Calculation of shipping costs

a. delivery through kopfstand mobiliar directly
the kopfstand mobiliar shipping price list applies. b. delivery by a courier/haulage company
in this case, the goods are delivered at the expense of the recipient. the storage of the empty containers and return is at the expense of the hirer. (for more information, see II. 5b)

12. reservation of furniture.

goods can only be reserved on written request. the maximum reservation period is 10 days. reservations must be confirmed in writing by us. no reservations are possibly less than 14 days before the beginning of the event.

III. terms on sale application in addition to I.

1. delivery times

the delivery dates and periods specified by the vendor are non-binding unless specifically agreed otherwise in writing. the vendor cannot be held responsible for delayed delivery as a result of an act of god or events which make delivery significantly more difficult or impossible for the vendor, even if a binding delivery date has been agreed. these delivery delays give the vendor the right to delay the delivery for the period of the problem plus a reasonable start-up period, or to withdraw from the contract in part or in whole because of the part not completed. incorrect or incomplete information absolves us of any obligation to comply with deadlines agreed.

2. transfer of risk

the risk passes over to the customer as soon as the consignment has been handed over to the transport company.
goods made of glass must be checked for breakage in the presence of the driver.
evident damage in transport will only be acknowledged if it is noticed immediately on receipt of the goods and noted on the delivery docket. damage to the packaging must be noted on the freight docket or receipt. even if the packaging is not visibly damage, the goods must be checked for damage in transit within three days. any damage must be reported to the vendor immediately and in writing. complaints after this period will not be acknowledged.

3. prices

prices are in € plus freight and statutory value added tax.

4. payment

unless agreed otherwise, invoices must be paid within 15 days. deliveries will only be made to new customers for payment in advance or COD. if the payment terms are exceeded, we will charge for the costs incurred. further deliveries, even for orders that have already been confirmed, are only made against payment in advance. we also reserve the right to demand a deposit to the level of the value of the goods or to refuse any further deliveries.

5. preservation of ownership.

the goods remain the property of the vendor until complete payment has been received.

6. cancellation

in the event of cancellation of stock goods which have been ordered in writing and confirmed by us, at least 25 % of the list price plus a processing fee of €20 is payable. for goods which are not in stock, the damages incurred by the vendor are payable, but at least 50 % of the list price plus a processing fee of €20. subject to change. no liability accepted for printing errors.

kopfstand mobiliar
ausstattungsservice für messen gmbh
am werbering 7a
85551 kirchheim-heimstetten
germany
fon: +49 (0) 89/9038027
fax: +49 (0) 89/9038029

managing director: wolfgang seidl
register court: amtsgericht münchen
hrb 66685
business location: 85551 kirchheim
ustid: de 129396844
info[at]kopfstand-mobiliar.de
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kopfstand mobiliar · ausstattungsservice für messen gmbh · am werbering 7a · 85551 kirchheim-heimstetten · germany · fon: +49.(0)89 9038027 · email-contact