Terms of Service

The eXpressive is a full service trade fair agency focusing on trade fair design and construction.

We act exclusively on the basis of these terms and conditions and contradict other terms.

With the first order, the customer agrees that these General Terms and Conditions should also apply to follow-up orders without having to refer again. Additional regulations in individual cases must be in writing.

§1 content of the contract
We develop innovative, tailor-made trade fair concepts for our customers. This can include the creation of complete designs for the trade fair appearance or the further development of existing trade fair concepts, as well as the coordination of construction work via subcontractors. The content of the contract is always based on the offer documents created.

§ 2 scope of the main service • Time planning
Since the time for a successful trade fair appearance should be worked hand in hand, the client must attach a binding schedule (e.g. delivery of graphic templates) to the technical plans. We schedule our main services in advance according to this schedule and have to measure avoidable additional costs against this schedule alone.
• Retained property:
All items delivered by us remain our property until full payment of the purchase price and all existing claims from the business relationship with the customer. If the items sold are processed further, we acquire ownership of the new item; if several items are combined, we acquire co-ownership based on the value ratio of our delivery to the other items associated with the new item. If the reserved goods are resold, the retention of title extends to the respective price, return or surrender claims of our customer.
• Short-term change in the operating times for rental objects:
If the set-up, dismantling or general rental times change at the instigation of the trade fair organizer or the customer, we have to raise an appropriate surcharge in addition to the mere adjustment of the rental price to the time required, in order to avoid the risks of preventing material being used by a follow-up customer and expenses for the assembly workers cover.
• Cleaning fee & excessive wear and tear on rental items:
Rental items are delivered pre-cleaned by us and must be returned in good condition. Excess soiling can only be cleaned by us against a cleaning fee of 48 euros / hour. If damage and wear and tear that are found during normal use during the trade fair, or loss of rental items, the costs for repair work or replacement costs are to be borne by the customer.
• Exhibition insurance:
The eXpressive can make the renting of exhibition setups dependent on the proof of completion of an exhibition insurance by the customer.

§ 3 scope of additional services
• Additional services are invoiced according to the expenditure on which an organizational surcharge of 30% is levied for the cost-free provision.
• With a sampling agreement, we can offer our customers the creation of a model true to the original, for which the cost coverage can be regulated in an additional contract. However, the lack of a separate sampling agreement precludes in any case that the sample properties (especially color fastness, properties and appearances of materials and equipment) can make a claim for a 1: 1 implementation.

§ 4 liability and warranty
• In addition to the culpable breach of contractual obligations, eXpressive is generally only liable for willful and grossly negligent acts. The liability does not extend to indirect damage, consequential damage or loss of profit. The limitation of liability also applies to vicarious agents and subcontractors.
• Only with timely payment in accordance with the terms of payment can the eXpressive guarantee the punctual execution of the contract. In the event of late receipt of payment, eXpressive endeavors to provide the service on time only, but is otherwise free of the service.
• If the contractual partner commissions changes after the contract has been concluded, a schedule has been agreed or a plan has been released, the original delivery date loses its binding force and requires either a new confirmation or an adjustment.
• Even in the event of force majeure, the eXpressive is exempt from the liability for performance, however, it does its best to overcome the obstacle without guarantee.

The following events are defined as cases of force majeure:
1. Transport damage despite the selection of reliable forwarding agents or hauliers
2. Short-term change of mandatory regulations on the part of the fair organizer.

• We can only guarantee that the safety regulations are complied with if they are made known to eXpressive in good time during the planning stage.
• During the duration of the trade fair, liability lies exclusively with the stand operator.
• As a rule, the stand will be handed over with a signed protocol the day before the start of the fair. It triggers the immediate obligation to give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) in the case of bilateral commercial transactions or the reservation of title under Section 536b of the German Civil Code.
If the contractual partner unilaterally purchases the exhibition stand, the stand is deemed to have been approved free of defects upon commissioning. If both contracting parties are absent from the trade fair location before the start of the event, 1 p.m. of the day before is determined as the time of transfer of risk. Remaining work without endangering the intended commissioning may still be carried out after acceptance.
• Failure to observe operating and maintenance instructions and unauthorized changes by the customer lead to a disclaimer for defects.
• As long as no type of contract has been expressly agreed for the individual case, eXpressive is only liable for the careful selection of the service providers and does not assume any warranty for material defects beyond this.
• If the corporate customer buys new goods through us, we shorten the warranty period to 1 year. If the corporate customer purchases used items from us, we exclude the warranty entirely.
• In the case of external procurement of work elements or services, the eXpressive transfers any warranty claims against the subcontractor to the customer and is thereby released from primary liability.
• Should the eXpressive culpably cause a failure of the trade fair appearance, the loss compensation is capped at € 3,000 per trade fair day. If there are only insignificant restrictions on the trade fair appearance as a result of this fault, the customer agrees to a cover amount of € 1,500 per trade fair day. If the customer would like the intangible value of the trade fair appearance to be higher, this must be stated in an individual agreement for insurance reasons.

§ 5 terms of payment
• The payment modalities are shown individually in each offer and are generally understood as net prices plus sales tax.
• Without prejudice to longer deadlines in the offer, unabridged down payments must have been received by eXpressive no later than 3 calendar days before material loading and transport to the trade fair site, otherwise the interest in executing the eXpressive will no longer exist in accordance with § 323 para. 2 No. 2 BGB. The eXpressive is entitled to immediately replace without replacement and to assert the interest in performance instead of the service.
• If the trade fair takes place more than 2 months after conclusion of the contract and the suppliers change the purchase prices that are relevant for us by more than 2% above the general inflation rate, then eXpressive is entitled to pass on the price increases to the customer.
• Trade fair costs are always exclusive. If the trade fair organizer prescribes the use of its own contractual partners, we are also entitled to pass on the additional costs.

§ 6 property rights
• The rights of exploitation for the ideas, concepts, intellectual works, samples, models or other things subject to copyright protection developed by eXpressive remain with expressive subject to a fee-based transfer regulation.
• If the customer leaves the eXpressive reproductive material, he must guarantee the right to dispose of the corresponding copyrights. Otherwise the customer is liable for the infringement of third party copyrights.
• The customer may use his own photos of the trade fair appearance without restriction.
• Duplication or imitation of our designs is not permitted (§36 KUG, §31 Art Protection Act, §106 ff UrHG and §17 ff UrHG). Forwarding to third parties is also prohibited and obliged to pay compensation (§18 of the Competition Act)

§ 7 exclusive rules
• The customer is not entitled to reproduce copyrighted documents within the meaning of § 5 without the consent of eXpressive, to use them for his own account or to pass them on to third parties. He is also not authorized to make replicas from it.
• eXpressive is entitled to place discreet indications of origin on advertising structures and documents for advertising purposes.
• The eXpressive may use subcontractors whose compliance it ensures. The customer is not permitted to use the subcontractor bypassing the eXpressive for the current order or for follow-up orders in the same execution type.
• We also refer to § 311 Paragraph 2 BGB. § 8 final provisions
• All disputes that arise in connection with the contract or about its validity will be finally decided in accordance with the arbitration rules of the Chamber of Commerce for Munich and Upper Bavaria (IHK Munich) to the exclusion of ordinary legal recourse.
• German law always applies. In the event of an appeal against the arbitration clause, the place of jurisdiction is Munich, as long as the contracting partner is deemed to be a merchant.
• Partial nullity of individual agreements does not invalidate the remaining provisions
• Offsetting against counterclaims by the customer is only permitted if these are undisputed or legally established claims. The assertion of a right of retention by the customer due to unrecognized or not legally established counterclaims is excluded, unless these claims are based on the same contractual relationship.