General Terms and Conditions of Business for the Leasing Contract
I. General Provisions
- Conclusion of the Contract
Objects shall only be leased by the Lessor to the Lessee for its use on the basis of these terms and conditions of business. Under no circumstances may the Lessee apply any terms and conditions of its own. These General Terms and Conditions of Business shall be deemed to have been accepted in their entirety, at the latest, upon payment of the first advance payment or upon the delivery of the leased object. Conclusions of contracts and additional agreements shall not become binding upon the Lessor until they have been confirmed in writing.
- Terms and Conditions of Payment
All leasing and furniture prices apply for the duration of the event (from three up to ten days). If the order is placed within three days before the event an 25% fee on the rent price applies. Commenced days shall count as full leased days. The object may only be handed back during a-exhibition GmbH´s office hours. The concluded leasing contract shall come into effect once the contractually agreed advance payments have been effected. a-exhibition GmbH shall assume no liability for delays resulting from failure to comply with the terms and conditions of payment.
The Swiss sales tax of 7.6% only applies for services and products in Switzerland.
- Small Quantities
An administration fee of CHF 25.00 shall be charged on invoice amounts lower than CHF 100.00.
- Retention of Title
a-exhibition GmbH stays owner of sold items until they are fully paid. In the case of late payment a-exhibition GmbH has the right to withdraw from the buying contract and to reclaim the items. The buyer is committed to give back the items. In the case of seizure or other interference of third parties the buyer is obliged to inform the seller about these circumstances.
The Lessee shall undertake to report any seizure, retention or attachment of a leased object to the Lessor by registered mail immediately; this shall also apply in the event of bankruptcy proceedings being instituted against its assets, whereby it shall undertake to advise the bankruptcy authorities that the leased object belongs to the Lessor.
- Cancellation of the contract
If cancelled within 20 days before the desired delivery date 100% of the rent costs are payable. No general right to withdraw from a buying or rental contract. If inquired by the customer in written form it is our discretion to accept returned goods. In this case a 20% to 40% fee applies, according to the value of the goods.
II. Executing Delivery
- Lead Time, Delivery Deadline
The lead time shall commence on the date the order is received by the Lessor, albeit not before all the finer details of the work have been clarified in full. If delivery is rendered impossible through no fault of the Lessor, the delivery deadline shall be deemed to have been kept if the Lessor announces that it is ready to ship. If the Lessor is delayed, the Lessee shall agree to grant it a reasonable extension to complete the work. Following expiry of this extension, the Lessee may cancel the contract if the goods are not ready to be shipped by then.
Charges for early placement of products and garbage fees of fair companies are payable by the customer. Storage of empty Boxes for exhibition booths, including handling (i.e. forklift, transport etc.) that is charged by fair companies are payable by the customer directly or indirectly.
- Force Majeure
In the event of force majeure, the Lessor shall reserve the right to extend the lead time by the duration of the hindrance, as well as a reasonable start-up time or to cancel the contract because of the part which has not been completed. Circumstances which render delivery much more difficult or impossible shall be treated like force majeure. The Lessee may ask the Lessor to clarify whether it intends to cancel the contract or deliver on time. The Lessee may cancel the contract if the Lessor fails to meet its deadline.
- Shipping and Transfer of Risk
The Lessee shall carry the risk attaching to the leased object from handover to when it returns same to the Lessor. The Lessee shall be responsible for insuring the object during the period of the lease. At again the price the lessee
Are computed for each damaged or disappeared leased object.
The Lessor shall undertake to deliver the leased objects to the agreed place (point of delivery) and at the agreed time in perfect condition, appropriate for the intended use. Installation, placement, wrapping or unwrapping according to the customers wishes are an extra service that is charged on an hourly basis. If the object cannot be handed over in person because the Lessee does not have a representative available, the Lessor shall reserve the right to leave the object at the point of delivery. In this event, the Lessee's risk and duty of care shall commence at the point in time when the leased object is delivered to the point of delivery, albeit no earlier than the agreed handover time. Insurance is obligatory.
- Order Mistakes
If the Lessee declines to take delivery of ordered leased objects for reasons which cannot be attributed to a-exhibition GmbH, it shall be billed 100% of the order price.
- Complaints and Claimed Problems
The Lessee shall undertake to submit any complaints and claims to the supplier in respect of weight, quantity or the condition of the supplied leased objects as soon as it receives and checks same. Any problems which are not readily apparent, even upon careful checking, must be reported in writing as soon as they come to light. Provided a complaint is justified, the Lessor's liability shall be limited to supplying a replacement in perfect condition. Any more far reaching claims asserted by the Lessee shall be ruled out, provided this is legally permissible. In particular, the Lessee shall not assert any claims to have the order cancelled, for a reduction in price or for compensation for any losses or consequential damages, of a direct or indirect nature, sustained by it or any third party.
- Returning the Leased Object
The Lessee shall undertake to return the leased objects to the Lessee on the final day of the lease contract, at the point of delivery or at a point of return agreed in writing. Under no circumstances may the Lessee exercise any right of retention over the leased objects on account of any claims which it may have against the Lessor. The Lessee shall assume liability vis-à-vis the Lessor for any repairs and servicing work which is not attributable to normal wear and tear on the leased objects.
Technical information shall only be binding if agreed in writing.
- Applicable Law/Place of Performance and Jurisdiction
Any disputes relating to or connected with the Leasing Contract shall be governed solely by Swiss law. The place or performance and jurisdiction for both parties to the Contract shall be Basel. The Lessor shall also reserve the right to sue the Lessee at its general place of jurisdiction. The foregoing shall also apply to any other parties who assume liability for the Lessee's obligations.
- If any of these are invalid, the validity of the other terms shall be thereby unaffected.
- In the event of a legal dispute, the wording of the original German version of these General Terms and Conditions of Business shall be binding.