General terms and conditions

Hofmann GmbH Agency for Advertising and Marketing

The following terms and conditions apply to all of Hofmann GmbH, hereinafter referred to as advertising agency (WA) called, issued orders. They are considered agreed if they are not contradicted immediately.

1. Copyright and usage rights

1.1. The client is only entitled to use the concepts developed by the WA, Drafts and others To use works when the necessary rights of use have been transferred, and although there independently of whether the proposals are copyrighted or not. This also applies to use in modified form or by third parties. All elaborated by the WA Concepts, drafts and other works are allowed can only be changed with the prior consent of the WA. In the event of a violation of these provisions, the WA can impose a contractual penalty in the amount of double agreed, or, if no remuneration has been agreed, demand the usual remuneration. As Basis for the usual Remuneration is the budget calculator of Creativ Collection Verlag GmbH as agreed.

1.2. After payment of the remuneration for the usage rights, the client acquires the Right to use the Work in the agreed scope and for the agreed purpose. The recovery goes over the agreed Beyond the scope and / or purpose is a new agreement as well as an additional one Fee owed. The rights of use are only granted after full payment of the remuneration Client over.

1.3. The WA is entitled to sign the advertising material it provides and in its Self-promotion on the care of the client, as well as the advertising material designed by you in brochures, on the Internet as well as in other media. The client is obliged to provide the WA with an appropriate Number of specimen copies to be handed over unsolicited. A violation of the right to Attribution entitles the WA to compensation. Without proof of higher damage the compensation is 100% of the agreed or customary Compensation. The right to claim higher damage remains unaffected.

1.4. Unless otherwise agreed, the WA is entitled to logos and images use your own references.

2. Compensation

2.1. All WA services are to be paid for, unless expressly in individual cases a remuneration in writing was excluded. This also applies to cost estimates. Receives for their achievements the WA the agreed Remuneration or, if no remuneration has been agreed, the usual remuneration. Specific Materials, translations, Travel costs, expenses, organization and procurement costs, as well as technical costs such as Intermediate shots, Photos, tooling costs and production of advertising material etc. will be charged additionally. The WA is entitled To request down payments, namely 50% when placing the order, 50% when accepting the Work. Come one Concept elaborated by the WA and approved by the client for reasons that not to represent the WA does not have to perform, the WAs claim to remuneration remains unaffected.

2.2. WA is entitled to provide third-party services in the name and for the account of the client to forgive. The client grants a corresponding power of attorney if necessary.

2.3. As far as the WA at the instigation of the client external services in its own name forgives, the client has to release the WA from all liabilities arising therefrom. The WA can for External services advances request for the full amount of the anticipated costs

2.4. If the WA is commissioned with presentations, the client / user recognizes with that working out the conception is to be remunerated appropriately - regardless of whether the conception is a Applies. For the Number 1.1 applies to the amount of the remuneration.

2.5. The fee amounts mentioned by us are net amounts plus the statutory VAT are paid.

2.6. Technical know-how, order description, tender, offer evaluation, Order placement, order monitoring, deadline and quality control, Organizational costs are to be paid appropriately by the client.

3. Retention of title, release of data

3.1. All drafts and final artwork remain the property of WA and are at the request of WA after reasonable Return deadline. If the client is not able to do what has been left to him Material in perfect condition return, he has compensation in the amount of the full remuneration in addition to the agreed remuneration Afford. The WA reserves the right to assert higher damages.

3.2. The dispatch of the work and of templates takes place at the risk and for the account of the client

3.3. The WA is not obliged to hand over files and data to the client. Even if they have usage rights transferred, the data remain the property of the WA. If the client wants the Release of computer data, this must be agreed and paid for separately. Has the WA to the client computer files Provided, these may only be used for the agreed purpose and only with prior consent the WA can be changed. The WA is not liable for errors that occur in the transmission or from technical reasons or due to a lack of compatibility of the systems, if they are not intentional or gross acted negligently. The data may only be used within the agreed framework. Used by the client the data about it , e.g. for other purposes or higher requirements than agreed, he shall inform the WA To pay compensation in the amount of at least double the remuneration. The The assertion of higher damages remains unaffected.

4. Liability

4.1. The WA is not liable for non-fulfillment, deficiencies in performance or default of Third party agents who are not their vicarious agents. Is liable for their own behavior the WA only in the case of intent and gross negligence, unless for Damage resulting from injury to life, limb or health. For such The WA is also liable for any damage in the case of slight negligence. Otherwise, WA is only liable for slight negligence, if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (Cardinal obligation). For damage to templates and objects that you have received from the client were made available, the WA is only liable in Amount of the material value.

4.2. The WA undertakes to carefully select its vicarious agents and to guide. In addition, she is liable for their vicarious agents only if they acted willfully or with gross negligence to have.

4.3. As soon as the client has drafts, texts, final designs and final drawings has released, each is omitted WA liability.

4.4. The WA is only liable for drafts to be registered and protected if this is the case previously agreed in writing has been. The WA is liable for the legal inadmissibility of advertising measures. only if you grossly negligent or acted willfully. The client is obliged to use the advertising own costs legally over to have checked.

4.5. Notification of obvious defects must be made within 14 days of delivery of the plant in writing to the WA to assert. Thereafter, the work is deemed to be accepted free of defects.

4.6. Claims by entrepreneurs against the WA expire after one year from the statutory Start of limitation.

5. Freedom of design and templates

5.1. The WA has freedom of design within the scope of the order. Changes to the original, between WA and the client, concept and author corrections are dated Client separately, according to Time spent to be reimbursed.

5.2. The client undertakes to provide the WA with all for the proper implementation of the Documents required for the order and deliver information on time and free of charge. Implementation is delayed of the order for reasons for which the client is responsible, the WA can issue a request a reasonable increase in remuneration. At It can also assert claims for damages with intent or gross negligence. The assertion any further damage caused by default remains unaffected.

5.3. The client undertakes to provide the WA only with templates such as photos, models, Texts or other work to the use of which he is authorized. Should he oppose this Insurance not for use be entitled, he bears full liability and makes the WA of all claims Third free.

5.4. The client assures to use the computer programs, as well as from other data that he provides to the WA Provides to be eligible.

6. Final provisions

6.1. Place of fulfillment and place of jurisdiction for all disputes also for bills of exchange and Check liabilities is the seat of the WA

6.2. The ineffectiveness of one of the above agreements affects the validity of the other provisions not.

6.3. The law of the Federal Republic of Germany. Status: 1.1.2006

Terms and conditions for print jobs

Print orders are processed exclusively on the basis of the following conditions executed.

1. Information, offers and prices

1.1. The prices quoted by Hofmann GmbH do not include VAT. you apply ex works and close Freight / shipping not one. Exceptions must be confirmed in writing.

1.2. All prices are given in euros

1.3. All offers and information are non-binding.

2. Placing and accepting orders

2.1. Before the start of printing, the client receives a proof or a digital proof, usually as a PDF file that he is error-free too must be checked and approved in writing before the start of printing.

2.2 Printouts or proofs by the client are used to check the data, but can not as a color-accurate sample serve, especially if the color spaces of the printing machine (CYMK) are not taken into account.

2.3. For low-quality materials (e.g. data carriers, proofs, etc.) from the client does not exist for the contractor Archiving or return obligation, unless the contractor wishes the return of the documents with their Sending in writing.

3. Order execution

3.1. Changes after approval for printing cause additional costs that depend on the degree of completion of the Order and will be billed to the customer.

4. Delivery

4.1. The delivery takes place, provided that the client does not pick it up Clients risk.

4.2. The is liable for delays in delivery that are the responsibility of third parties Hofmann GmbH does not.

4.3. Delivery dates require written confirmation by Hofmann GmbH. Fixed dates within the meaning of 361 BGB are only valid if this is in writing as a fixed date (also "fixed date" or "binding Appointment ").

5. Reservation of title

5.1. The goods remain the property of Hofmann GmbH until they have been paid for in full.

5.2. If third parties are involved in the treatment or processing, the contractor is on one Co-ownership is limited to the amount of the invoice value of the reserved goods. That so Acquired property is deemed to be reserved property.

6. Complaints, complaints

6.1. In the case of justified complaints, the contractor is to the exclusion of others Claims for rectification and / or a replacement delivery.

6.2. Defects in part of the delivered goods do not entitle the entire delivery, unless the partial delivery is of no interest to the client.

6.3. In the case of color reproductions in all manufacturing processes, minor Deviations from the original or existing series cannot be objected to.

6.4. Excess or short deliveries are up to 10% of the ordered print run possible due to production and cannot be objected to. The amount delivered will be charged.

6.5. The is liable for deviations in the quality of the material used Client only up to the amount of Order value.

6.7. If the client waives the production, e.g. for scheduling reasons of a proof, Hofmann GmbH is released from any liability.

6.8. Production tolerances within the technical possibilities of the machines occur (Color tolerances, fold tolerances, etc.) are not eligible for complaints.

7. Liability

7.1. Hofmann is liable unless expressly stated in these terms and conditions excluded, only in mandatory cases Legal liability. Liability for consequential damage of any kind that result from delivery delays, wrong deliveries or inadequate print products, is basically limited to the amount of the order value.

7.2. Operational disruptions for which Hofmann GmbH is not responsible, e.g. due to force majeure, machine failure, Strike, etc. and thus lead to a delayed delivery, entitle the Client to withdraw from Order if the contractor accepts the order despite a grace period of 10 working days cannot execute.

7.3. Immediate withdrawal from the order free of charge in the event of a delay in delivery only with one fixed in writing Fixed date possible.

7.4. Liability for loss or damage to items sent or surrendered Documents, data or other Documents are excluded.

8. Industrial property rights / copyright

8.1. The client is personally liable if through the execution of his Order rights of third parties, in particular Copyrights are violated. The client provides Hofmann GmbH Ordering of all claims Third party free for such a violation.

9. Commercial Customs

9.1. In commercial transactions, the commercial customs of the printing industry apply (e.g. none Surrender obligation of Zwischener certificates such as dates, control prints or printing plates that are used to produce the owed end product created unless a different contract has been issued

Terms and conditions for trade fair construction

1. Validity of the conditions

All deliveries, services, offers, order confirmations and contracts occur exclusively due to of these terms and conditions. They therefore also apply to all future ones Business relationships, even if they are not repeated be expressly agreed. Apply at the latest when the service is accepted these conditions as accepted. Different terms and conditions of Customer is hereby contradicted. Even then you wont recognized, if we do not express them again after receipt by us contradict. Our final representatives are only authorized to make written commitments. Oral agreements, especially at the time of performance and the nature of the service therefore require written confirmation in order to be valid

2. Offer and conclusion of contract

All offers are subject to change and non-binding. Conclusions only come through acceptance of the written offer. Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly stated is agreed in writing.

3. Performance and delivery time

The performance and delivery date is the time confirmed in writing. We keep but before, minor remaining work up to To carry out the opening of the trade fair or exhibition, insofar as the Stand by the client not significantly affect. The stand will be dismantled from the end of the trade fair, i. H. Furnishings and materials of the The customer or the exhibitor must be notified by him immediately after the end of the trade fair remove so that the stand can be dismantled without Delay and obstruction can occur. Must furnishings, material or exhibits of the client or the If the exhibitor is removed, expanded or packaged by us, we will charge for the the costs incurred as a result. To the client for use Objects left are in proper condition, especially cleaned return. Wall elements that go through the hanging of pictures or exhibits has been damaged or by sticking cannot be removed without leaving any residue Foils that we can no longer use will be billed to the client. Should the exhibition stand be open for a longer period before or after the event Are available, the relevant information must be agreed in writing. are we by force majeure, z. B. Strike, official order, not from us Delay in transport caused by the timely completion of the If the order / exhibition stand is prevented, the client must be informed immediately. The He has to reimburse us already incurred expenses on proof. Expectations of the client are entitled to compensation for non-compliance with the performance time excluded, unless the disruption in performance is due to gross negligence or willful breach of duty by the contractor or one of his statutory obligations Representatives or vicarious agents.

Use of rented products:

If the customer rents products from Hofmann GmbH, the following applies: The customer undertakes to

• to use the product exclusively for own commercial purposes, with care handle and care for them with care
• to refrain from changing the product or in any other way Attempts to repair or manipulate the To carry out the product or to have it carried out
• the product only with the prior written consent of Hofmann GmbH, the not be refused for no reason will be moved to a place other than that specified in the contract, to sublet and / or leave to third parties. In the event that the product is attached or third parties have other rights to the The customer has to assert the product to inform Hofmann GmbH immediately and Hofmann GmbH all of the process relevant documents in Copy to hand over. Works created by Hofmann GmbH must be submitted immediately Handover by the customer in the presence of To decrease representatives of both parties. The acceptance is on the part of the customer to be confirmed in writing if the The specifications mentioned in the service description are essentially met. The performance also serves as accepted if there is no written complaint on the last day of assembly.

4. Soil condition and structure

The stand area to be built over by us must be free for us in accordance with the set-up dates be available, required services such as laying of water and electricity supply must be carried out. The hall floor must be level, that the exhibition stand takes into account the usual height adjustability of the Supports can be set up and assembled without additional floor leveling elements. Should there be bumps, shoulders or holes in the stand area it is up to us to leave the floor as it is or to remedy it through compensation, Fill in or fill out to create by ourselves or through the organizer. The cost is ours or the organizer separately be invoiced. We are not responsible if due to bad Floor conditions, it is not possible to lay the floor covering properly. The Client bears the risk of the availability of a suitable Stand area.

5. Property rights

Drafts, plans, drawings, production and assembly documents remain with everyone Rights our property. The Transfer of ownership and usage rights as well as the authorization to Reuse, replication or duplication require our written Approval. Changes may only be made by persons commissioned by us be made. We are entitled to sign documents of the aforementioned type and to use for promotional purposes. When executing orders according to the client given drafts or drawing documents the latter guarantees that this does not infringe the property rights of third parties become. The customer is obligated to the replacement of the damage as well as to the exemption from such claims for damages, from any Violation of third-party property rights result.

6. Prices

Unless otherwise stated, we adhere to those contained in our offers Prices 14 days from their date bound. Otherwise, the prices stated in our order confirmation are decisive plus the respective statutory VAT. Additional deliveries and services are listed separately in Billed. The prices are understood to be strictly net from the manufacturing plant or dispatch warehouse and close Packaging, freight, postage, insurance etc. not a. The rent for the stand space is also not included including all additional costs.

Other services:

Deliveries and services that are not specified in the contract are based on expenditure billed.

7. Terms of payment

The remuneration owed by the client is due for payment as follows:
50% when the order is placed or 6 weeks before the start of the trade fair, 50% when the stand is handed over or Delivery. He comes Customers with a partial payment in arrears, we are entitled to the further service to refuse. Deliveries and Services that are not specified in the contract will be invoiced according to expenditure posed.

8. Resignation

If circumstances become known which are likely to affect the customers creditworthiness, we are entitled from Withdraw from the contract. However, services already provided are due for payment. Instead of withdrawing, we are entitled to prepayment for services that have not yet been provided to demand if the customer requests the execution of the further work. Im everyone Case, the agreed remuneration is to be paid by the customer, in the case of one Resignation saved Expenses for services not provided are offset with 50%. Escaping Intermediate remuneration also remains to pay. If the client withdraws on his part, § 649 BGB applies with the proviso, that the saved expenses can only be taken into account with 50%. Further claims for damages against the customers remain expressly Reserved. Offsetting against claims against us is only permissible insofar as it includes undisputed or final ascertained claims.

9. Warranty and liability

The clients claims due to any defects in the work or in a thing are limited to the right to Supplementary performance. The supplementary performance takes place by eliminating the defect at the expense of Client. In the event of the failure of the supplementary performance, the client is entitled to Right to reduce or withdraw from the contract. The client has the To examine and accept work performance immediately after provision, if not major flaws oppose. Defects that can be identified here are to be recognized immediately, especially in good time to complain in writing that a Supplementary performance can still take place until the start of the trade fair. The use of the functional exhibition stand applies as acceptance. Liability for damage resulting from injury to life, limb or the Health based on a culpable breach of duty by the contractor of his legal representatives or vicarious agents, as well as the Liability for other damage in the event of a grossly negligent breach of duty by these persons remains unaffected.

Exemption :

The customer releases Hofmann GmbH from all third party claims that are related to the Reason to be collected, the customer have the legal provisions applicable to his business operations, in particular the provisions of the supervisory, Competition, copyright and data protection law, not complied with.

10. Subcontractors

We are entitled to use ourselves for the purpose of fulfilling our delivery and Third party performance obligations according to ours Discretion and our choice to serve.

10. Subcontractors

We are entitled to use ourselves for the purpose of fulfilling our delivery and Third party performance obligations according to ours Discretion and our choice to serve.

11. Insurance

The objects provided by us to the client only for temporary use are to be insured as part of an exhibition insurance. The client takes over the placing of orders as well as the duty of supervision and due diligence for the items we have given him. The client is liable up to the amount of sum insured by us for damage caused by him or third parties in this Period, regardless of whether this damage has been caused by are or are not covered by his insurance. With the appropriate written Exhibition insurance is agreed for the items left as well as for the property of the client from us completed. This will be the case on transports initiated or carried out by us Shipping goods at the expense of the customer in the amount of the new purchase value insured

12. Reservation of title

All contractually owed transfers of ownership are subject to repayment all of our demands the business relationship with the client. To resell the reserved goods is the client in the normal Business transactions authorized. The purchasers claims from the resale the buyer already applies in the amount of the final invoice amount agreed with us (including VAT). These Assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer also remains to collect the claim entitled after the assignment. Our authority to collect the claim ourselves remains unaffected by it. As long as the buyer fulfills his payment obligations from the proceeds received, not in Default in payment is and in particular no application has been made to open insolvency proceedings, or If there is a suspension of payments, we will accept the claim do not move in.

The delivered items remain property until the purchase price has been paid in full of Hofmann GmbH. The customer is obliged to keep Hofmann GmbH from all access by third parties to the Items subject to retention of title (Goods subject to retention of title), in particular from foreclosures or other seizures, and to inform immediately of all damage to the reserved goods. If the goods are installed in a country in which the above retention of title is not fully effective, is the customer committed to Hofmann GmbH to provide an equivalent level of security.

13. Severability Clause

Should provisions of this contract wholly or partially not be legally effective or not be feasible, so should this does not affect the validity of the remaining provisions of the contract. The contractor is in these Cases empowered to make a provision that contains ineffective or unenforceable regulations comes as close as possible to meet at its reasonable discretion. The same applies if the Contract should reveal a loophole.

14. Place of fulfillment and place of jurisdiction

Place of fulfillment is the seat of Hofmann GmbH. The district court is responsible for all disputes Constance responsible. The local jurisdiction is determined by the seat of Hofmann GmbH certainly. For the terms and conditions and the entire Legal relationships are governed by the law of the Federal Republic of Germany.