Terms and conditions

General Terms and Conditions of Alpaca Expo Group GMBH

1 Scope of application, form

(1) These General Terms and Conditions apply to all business relationships with our business partners, provided that they are entrepreneurs (Section 14 of the German Civil Code (BGB)), a legal entity under public law, or a special fund under public law.

(2) In particular, these General Terms and Conditions apply to the provision of services by the contractor (Alpaca Expo Group GmbH) to clients. 

(3) These terms and conditions shall also apply to all future business relationships, even if they are not agreed upon again. These terms and conditions shall be deemed recognised at the latest upon acceptance of our services. Deviations from these terms and conditions require our written confirmation.

(4) Verbal collateral agreements, supplements, assurances of characteristics, and subsequent amendments to the contract shall only be valid if we confirm them in writing.

(5) The following terms and conditions exclude the client’s deviating terms and conditions. Deviating conditions require the express written confirmation of our management to be effective.

2 Definition of terms

(1) “Client” within the meaning of these GTCs are companies that have commissioned Alpaca Expo Group GmbH to accompany their trade fair appearance as an exhibitor at the respective trade fair in part or in full. 

(2) “Trade fair presentations” are orders from clients that include the development of the stand design, support during the trade fair, communication with the trade fair organiser and stand construction and dismantling in whole or in part.   

(3) These GTC do not constitute a contract or an agreement between Alpaca Expo Group and the client who provides us with personal information and data.

3 Subject matter of the contract

(1) The client commissions Alpaca Expo Group with the design of a trade fair stand and the organisation of its trade fair appearance. 

(2) Alpaca Expo Group undertakes to do so on the condition that the cost of developing the design is included in the cost of producing the stand itself.

(3) If the client refuses to place an order for the production and assembly of the stand after receiving a design draft from Alpaca Expo Group, he will not incur any costs for the prepared design. However, this only applies if the client or its contractors do not further use the design without the express consent of Alpaca Expo Group. 

(4) If the client or its contractors continue to use the entire design or one of its elements or ideas without written authorisation from Alpaca Expo Group, it is hereby obliged to pay €5,000 compensation for expenses.

(5) When placing an order for the production and assembly of an exhibition stand, further business relations and regulations between the client and the Alpaca Expo Group shall be governed by the respective contract duly signed by both parties. 

4. Price offer
   (1) The prices stated in the information and order agreements are subject to change, plus the statutory value added tax. Only the order confirmation is binding. A price increase is permissible if the amount is justified by a change in the price-determining factors that occurred unforeseeably after the conclusion of the contract. The contractual partner shall be notified of the price increase within a reasonable period. 

(2) Services not estimated in the offer, which are carried out additionally at the request of the client or which become necessary due to incorrect documents of the client or exhibition management, will be invoiced additionally.

(3) Surcharges may be charged for work under difficult conditions after consultation with the client. This also applies to lump-sum orders. 

(4) If the start, progress or completion of the assembly work is delayed for reasons for which Alpaca Expo Group GmbH is not responsible, downtimes may be charged additionally to the customer. 

(5) Additional services become valid with a new order confirmation or by signature of the client. 

(6) Our prices do not include external stand costs and services, costs for authorisation procedures (e.g. structural engineering), or fees of any kind charged by trade fair companies. This also includes costs for forklift services, early set-up, suspension points, and waste disposal, as well as all costs for electricity, water, telephone and internet connections, and consumption costs.

5. Subcontractors
   (1) The Contractor is authorised to award contracts in whole or in part to third parties, such as freelancers or subcontractors, unless otherwise agreed.

6. Сopyrights

(1) Plans, drafts, and drawing documents remain the property of Alpaca Expo Group with all rights, as do production facilities such as tracings, negatives, films, repros, and slides. Any transfer of property rights and copyrights must be made in writing. Changes to plans, drafts etc. may only be made by the Alpaca Expo Group. These documents may not be reproduced or made accessible to third parties without the consent of the Alpaca Expo Group. 

7. Prohibition of offsetting
   (1) The client may only offset against an undisputed and legally established claim.

(2) A customer who is a registered trader within the meaning of the German Commercial Code (HGB) shall not be entitled to any rights of retention or set-off. However, the rights according to § 320 BGB shall remain unaffected as long as and to the extent that our performance is defective and we have not fulfilled our obligations to repair and/or replace the goods.

8 Warranty, liability

(1) The offers shall be prepared under the information provided by the client and the documents provided by the client and the respective exhibition management. The Contractor shall not be liable for the accuracy of these documents, in particular those of the exhibition management.

(2) In the event of justified and timely notification of defects, Alpaca Expo Group is entitled and obliged to rectify and / or replace the goods at its discretion. 

(3) Further claims due to defects or other claims for damages, in particular due to consequential damages, are excluded, except in cases of intent or gross negligence.

(4) Alpaca Expo Group is not liable for objects of the client that are left behind during the construction and / or dismantling of exhibition stands before the start or after the end of the trade fair, unless there is intent or gross negligence.

(5) For the duration of the trade fair, the client is fully liable for the property and objects of Alpaca Expo Group GmbH. 

9. Offsetting and assignment

1. Offsetting with disputed counterclaims is excluded for the client.
2. The rights of the customer arising from this contractual relationship are only transferable with the prior consent of the contractor. This applies in particular to cases in which the contractual relationship ends after the planning and design production of an exhibition stand.

10. Data protection

We would like to point out that the personal data collected within the scope of the business relationship or in connection with it, regardless of whether they originate from the contractor itself or third parties, are processed by the Federal Data Protection Act. M more about this: 

11. Secrecy

(1) The contracting parties mutually undertake to keep all trade secrets obtained within the scope of the contractual relationship confidential without restriction and not to disclose them to third parties. All information about the operational circumstances of the other contracting party shall be deemed to be trade secrets unless the other contracting party publishes such information itself.

(2) These obligations shall continue to exist beyond the term of the contract. The contracting parties also undertake to impose the same confidentiality obligations on their employees, freelancers, subcontractors or other third parties who necessarily have access to the trade secrets.

(3) The contracting parties undertake to treat any documents received in error as confidential and to return them immediately to the sender.

12. References

(1) Alpaca Expo Group reserves the right to name the customer as a reference customer in all media and to use its logo and name on its website and in other documents for sales purposes.

13 Place of jurisdiction and applicable law

(1) German law shall apply exclusively to all legal relationships between the contracting parties.

(2) The General Terms and Conditions shall apply exclusively. Conflicting or deviating terms and conditions of the client shall not be recognised unless a corresponding agreement has been made.

(3) Should one or more provisions of this agreement be or become invalid or void in whole or in part, or should this agreement contain a loophole, this shall not affect the validity of the remaining provisions of this agreement and the signed contract.

(4) The Alpaca Expo Group may amend or supplement the General Terms and Conditions at any time without prior notice. The clients will be informed of the changes and additions in electronic form.

(5) The place of jurisdiction is Wuppertal.