The General Terms and Conditions of asfc gmbh
asfc – atelier scherer fair consulting gmbh, Herrmann-Glockner-Straße 5, 90763 Fuerth, Germany
Telephone +49 911 970058-0, Fax +49 911 970058-66, E-mail: [email protected], www.crm-expo.com
2.1 Application to participate may only be made as follows: the application form, filled in completely and with legally binding signature denoting recognition of these conditions of participation, must be received by asfc gmbh by the date specified. The application is an offer to asfc gmbh.
2.2 With signature of the application, the applicant recognizes the regulations contained in the service manual. These shall also apply to any person employed by the applicant at the exposition/conference.
2.3 The applicant further accepts, by signing the application, the guidelines of the fairground and the regulations given in the service manual. The service manual and guidelines can be requested at asfc gmbh.
2.4 The application deadline is eight weeks prior to the fair.
2.5 Receipt of the application will be confirmed in writing by asfc gmbh. The application and the confirmation of its receipt shall not substantiate any right to acceptance, neither shall it substantiate a right to participate at the exposition.
3.1 The decision about which applicant will be accepted at the fair and which products may be exhibited will be made by asfc gmbh. Once the notice of acceptance has been sent, the contract between the organizer and exhibitor will be deemed to have been concluded.
asfc gmbh shall be entitled to refuse an applicant without giving reason.
3.2 asfc gmbh has the right, especially if the available exhibition space is over-subscripted, to bar applicants from the exhibition and if necessary to restrict the exhibited product groups and to diversify the exhibition area.
3.3 The acceptance shall apply only to the product groups specified in the application, to the exhibitors stated in the confirmation of acceptance and the space specified therein.
4. Assignment of exhibition spaces
4.1 Assignment of exhibition space shall be carried out by the organizer taking into account the nomenclature and organization of the respective fair as well as the available premises. Positioning requests contained in the application shall be complied with, if possible. The chronological order of the receipt of applications is not the sole criteria for the assignment of exhibition spaces.
4.2 The organizer shall be entitled to change size, form and location of the assigned exhibition space, if necessary. If such need arises, the organizer shall notify the exhibitor without undue delay, while assigning to him a new and equivalent exhibition space, if possible. A change in rental fee will result in a refund or a subsequent billing. Damage claims shall be excluded. The exhibitor shall furthermore accept that the location of the other exhibition spaces at the beginning of the fair may have changed, compared to the date of admission; such changes shall not give rise to any claims or rights of the exhibitor.
4.3 Exchanging the assigned exhibition space with another exhibitor as well as granting some of the exhibition space to a third person, wholly or in part, shall not be permitted without the organizer’s consent.
5. Joint exhibitors
If several exhibitors intend to rent an exhibition space jointly, they shall appoint a joint exhibition representative, authorized by them at the registration, who shall be the authorized contact person for the organizer.
6.1 Exhibition spaces are generally assigned to a contractual partner as a whole. An exhibitor shall only be permitted to admit co-, respectively sub-exhibitors to his stand upon prior written consent by the organizer; such co- and sub-exhibitors will have to be nominated by the main exhibitor in advance.
6.2 The admission of one or more co-/sub-exhibitors shall be subject to an additional fee. The main exhibitor shall be liable for the performance of all exhibitors’ duties by the sub-/co-exhibitor.
7. Terms of payment
All invoices issued by the organizer are payable without deduction at the agreed dates. All prices are exclusive of VAT at the statutory rate.
Payment of the invoices for rental fees on time is the precondition for the use of the assigned exhibition space. As a security for these claims, the organizer reserves the right to enforce its landlord lien by selling the pledged property, after written notification, by means of private sale. No liability for damage to the pledged property shall be assumed, except in cases of intentional or gross negligence.
9. Contractual exclusion of setoff, retention of goods
Exhibitors shall not be entitled to a contractual exclusion of setoff or retention of goods.
10. Withdrawal of registration
10.1 After the admission the exhibitor shall pay the full rental fee even if he cancels his participation or refuses to take part. Furthermore, the organizer reserves the right to claim damages.
10.2 In the event that the stand is not used, the rental fee shall be payable in full, also, if the organizer rents out or uses the stand otherwise. Exhibitors not making use of their rented stand shall furthermore be under the obligation to put the stand in suitable condition for the exposition. If the exhibitor fails to do so, the organizer shall be entitled to decorate the stand at the expense of the exhibitor. The exhibitor shall have the right to nominate another exhibitor as substitute, which, however, can be refused by the organizer without reason.
10.3 The request to withdraw from the fair shall in all cases be made in writing and by registered mail.
11. Revocation of admission and assignment of exhibitions spaces
In the following cases, the organizer shall be entitled to revoke the admission and to allocate the exhibition spaces to other exhibitors:
• The exhibition space is not visibly used in due time, i.e. 24 hours before the official opening at the latest..
• The exhibitor is in arrears with the rental fee at the agreed upon dates. The setting of an additional formal time limit including the refusal by the organizer to accept performance after sait time limit shall not be required.
• The exhibitor no longer conforms to the requirements of a confirmation of application or the organizer becomes aware of circumstances which would have justified refusal of acceptance of the admission, such as application for insolvency proceeding by the exhibitor.
• The exhibitor commits infringements of the organizer's authority regarding the permises.
In all of theese cases, the organizer reserves the right to claim further damages.
12. Exclusion of items
The organizer shall be entitled to demand the removal of items that were not included in the registration or that turn out to create nuisance, to be dangerous or otherwise unsuitable. If this demand is not complied with, the organizer shall remove such items at the exhibitor’s expense
13. Stand assembly, stand equipment, stand design
13.1 The exhibitor shall be responsible to observe all legal and other regulations applicable for the venue, especially industrial law and building safety laws, as well as construction and technical regulations, as well as the general terms and conditions of the fair management (organizer and fair premises). The organizer reserves the right to prohibit or to change the construction of unsuitable or inadequately equipped stands at the exhibitor’s expense.
13.2 When using the booth construction company atelier scherer, the aforementioned building regulations are considered to be observed.
13.3 The exhibition space shall be equipped properly and staffed with competent staff for the entire duration of the event during the general opening hours. The assembly has to be completed and the stand shall be cleaned of packaging material on the last date of assembly at the latest. The removal of exhibition goods and the disassembly of stands prior to the closing of the event are not permitted.
13.4 Company name and principal office of the exhibitor shall be made clearly visible on the caption of the booth.
13.5 Exceeding the fixed height limit for the stands requires permission of the fair management (organizer and fair premises). The same shall apply for the exhibition of particularly heavy exhibition goods. Anchorage in the hall floor, walls or ceilings is not permitted.
13.6 In case of multi-story construction of stands, 50 %, of the floor space rental fee shall be billed for the accessible area. Multi-story construction can only be permitted upon consent by the fair management (organizer and fair premises) and the competent building authority or similar authority. Due to different hall heights this might not be possible in all halls.
13.7 The exhibitor shall be held liable for any damage caused by him. Damages have to be reported to the fair management (organizer and fair premises) after their occurrence without undue delay.
13.8 Exhibition goods still on the stands after the last date for disassembly can be removed and put into storage at the exhibitor’s expense.
14. Force majeure
14.1 The organizer shall inform the exhibitor without undue delay if the organizer is unable to carry out the event due to force majeure. The exhibitor shall not be entitled to claim damages or return of amounts already paid.
14.2 In the event, that the organizer is able to execute the event at a later date, he shall inform the exhibitor hereof without undue delay. In this case the exhibitor shall be obliged to participate and to pay all invoices according to the existing contract.
14.3 In the case that the organizer has to shorten or cancel an event due to force majeure, the exhibitor shall not be entitled to claim refund or waiver of the rental fee.
15.1 Any advertising whatsoever shall only be permitted within the rented exhibition space for the exhibitor’s own company and only for the products manufactured or distributed by him and only as far as these are registered and approved.
15.2 The use of tools aiming to increase the advertising effect via optical or acoustic means (microphones, speakers, slides, movie or video screenings) requires the written permission of the organizer.
15.3 Political advertising is generally prohibited.
16.1 The organizer shall be entitled to have photographs, drawings or movie shots made of the exposition events, of the exhibition buildings and spaces and the exhibits, each for use in advertisement and press releases. The exhibitor shall not be entitled to raise objections. The same applies to images taken directly by the press or television with the organizer’s consent.
16.2 The exhibitor should place orders for commercial photography only with photographers accredited by the organizer and carrying appropriate identification. Orders for the taking of pictures before and after the daily general opening hours may only be placed with accredited exhibition photographers. Other photographers will not be granted admission at that time.
17. Direct sales
Direct sales shall not be permitted, unless a separate specific permission is granted. In the latter case the products for sale shall be labelled with clearly legible price tags. The exhibitor shall be responsible to obtain and comply with any trade licenses and health certificates required.
The organizer shall procure general cleaning of the fair and exhibition grounds and the hallways. Cleaning of the stand shall be responsibility of the exhibitor. The cleaning has to be finished each day before the general opening of the venue. Orders for stand cleaning should be placed with the cleaning companies accredited by the organizer.
19. Security service
19.1 general security service for the fair grounds shall be performed by contractors of the organizer. The liability provisions pursuant to Nr. 20 shall remain unaffected by this general security service.
19.2 It is strongly recommended that the exhibitor procures security for his stand and his exhibition goods on his own as well as suitable insurance cover. At night time, valuable, easily removable objects have to be locked up.
19.3 With regards to additional stand security, the exhibitor has to use the services of the security company accredited by the organizer at his own expense.
20. Liability, insurance
20.1 The organizer shall be held liable by the exhibitor and his agents for damages that demonstrably occurred during the event on the fair grounds up to an amount of no more than EUR 5,000.00 only in cases of negligence by the organizer or the persons employed by him in performance of his obligations. The aforementioned limitation shall not apply to cases of intent or gross negligence. Only in cases of intent or gross negligence the organizer shall be held liable for damages caused by failure of installations, failure of operations or other incidents affecting the event. The organizer shall not be liable for damage to or theft or loss of exhibition goods and stand equipment and for respective consequential damages.
20.2 The exhibitor shall be liable according to the applicable legal provisions. It is strongly recommended that the exhibitor obtains insurance cover regarding the exhibitor’s liability.
21. Commercial property rights
The exhibitor shall be responsible for the protection of his copyrights and other commercial property rights with regard to his exhibits.
22. Right of the owner of the premises to undisturbed possession, infringement
22.1 During the event and on the entire fair grounds, the exhibitor shall be subject to the organizer’s authority regarding the premises. All requests issued by the personnel of the premises, showing appropriate identification, shall be observed.
22.2 Violations of the General Terms and Conditions or violations of requests based on the organizer’s authority regarding the premises shall entitle the organizer to immediately close the stand at the expense of the exhibitor without compensation, if the violation is not stopped on demand; any liability for damages shall be excluded.
23. Choice of law, place of performance, venue
23.1 The mutual rights and obligations according to this contractual relationship shall be governed by the laws of the Federal Republic of Germany.
23.2 Place of performance for financial obligations shall be Fuerth (Bavaria), Germany. This shall also be the venue for the resolution of disputes if the exhibitor is a registered merchant or a public law entity or has no domestic general place of jurisdiction.
24. Severability Clause
In the event that one or more of the provisions of these terms are or become invalid, the validity of the remaining provisions shall not be affected thereby. Invalid provisions shall be deemed replaced by a legally valid term which serves best the purpose originally reflected by the invalid term.