1. General

All sales, deliveries and services are based on the following terms and conditions of sale and delivery. Supplements, amendments or ancillary agreements are only effective if they have been confirmed in writing.

2. Order process

All offers, catalogs and price lists of formatdisplay are subject to change. The order of a formatdisplay product is deemed to be an offer to purchase in accordance with these terms and conditions of sale and delivery. The contract for sale and delivery shall only be concluded upon formatdisplay’s written order confirmation. The order confirmation does not require a signature and can also be transmitted electronically. Changes after dispatch of the order confirmation are only possible with the written or electronically transmitted consent of formatdisplay. formatdisplay may charge a surcharge of 10% on the sales price. The buyer is entitled to prove that no or significantly lower damages were incurred.

3. Prices

The prices are ex works, excluding packaging plus value added tax at the respective statutory rate. Our prices are subject to change unless otherwise agreed. All prices for deliveries and services of formatdisplay are invoiced on the basis of the formatdisplay price list valid at the time of conclusion of the contract. Unless otherwise stated in the price list or the order confirmation, the prices do not include the costs for transport, insurance, packaging, assembly, customs, etc.

4. Terms of payment

All invoices are due for payment without deduction within the agreed deadlines, without any agreement to this effect within 20 days after receipt of the invoice. 50% upon order placement, 50% immediately after delivery. A cash discount and payments on account must be agreed in writing. Reminder letters are subject to a reminder fee of 5.00 EUR per letter.

5. Delivery and assembly

All offers are subject to change. The delivery time is 3-4 weeks for all standard elements, unless otherwise agreed. A delivery obligation exists only after the order confirmation has been issued. Change requests after receipt of order will be invoiced separately according to expenditure. Delivery shall be made free carrier formatdisplay, unless otherwise agreed in writing. Transport is the responsibility of the customer. Delays in delivery do not entitle the customer to refuse acceptance or to claim damages. A right of withdrawal only exists if formatdisplay is responsible for the delay in delivery. Partial deliveries are permissible and do not entitle the buyer to refuse acceptance if they are reasonable for the buyer. Insofar as formatdisplay is commissioned with the delivery and/or assembly of formatdisplay products, the buyer must ensure in good time that there is sufficient access and parking space in the area of the delivery location to be approached for a truck of at least 7.5 tons. In the case of installation by formatdisplay, it is also a prerequisite that the static, spatial and structural conditions necessary for installation, transport and assembly are met so that the formatdisplay products can be delivered, used, installed, set up and/or assembled. This applies in particular to approach and access routes, stairs, elevators, floor coverings, supporting and floor structures, ceilings, supports and walls. The orderer must check the existence of these necessary prerequisites at his own expense prior to delivery. formatdisplay rejects any liability due to the absence of these prerequisites. If the prerequisites for delivery and assembly are not present, the orderer must inform formatdisplay of this at least one week before delivery.

6. Transfer of benefit and risk

Benefit and risk shall pass to the Purchaser upon handover of the goods to the carrier. In case of default of acceptance by the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser when the goods are made available for handover to the carrier. Insurance is the responsibility of the purchaser.

7. Retention of title

formatdisplay retains ownership of the formatdisplay products until all payments have been received. Likewise, drafts, drawings, production and assembly documents are the property of format Messe + Display GmbH. We are entitled to reclaim the purchased goods if the customer acts in breach of contract. The customer is obligated to treat the object of sale with care as long as ownership has not yet passed to him.

8. Warranty

The warranty period for material and manufacturing defects of formatdisplay products is two years from delivery. Obvious defects must be reported and complained about in writing without delay. Warranty claims for obvious defects cannot be asserted at a later date. Concealed defects must be reported to the contractor in writing within 3 days after discovery, at the latest 2 weeks after delivery of the goods. In the event of defects, formatdisplay shall, at its discretion, repair the product or replace it with defect-free parts against return of the defective parts. If the repair fails or if formatdisplay does not comply with the replacement delivery or repair despite a reasonable grace period, the buyer may reduce the purchase price or withdraw from the contract in case of a substantial defect.

No warranty is given for
(a) normal wear and tear;
(b) Defects attributable to improper use, faulty assembly, violation or non-observance of the technical construction rules, overuse, modifications or repairs by the Buyer or third parties commissioned by the Buyer;
(c) Insignificant deviations in design, construction, color or materials used or from the quality standards published on the Internet or otherwise (in particular with regard to surfaces).

Defects do not release the buyer, who is not a consumer, from his obligation to pay and accept.

9. Force majeure

In the event of strike, lockout, interruption of operations, natural disasters, war, epidemics, accidents and similar circumstances which affect the operations of formatdisplay or its suppliers and make the execution of the delivery not only temporarily impossible or unreasonable, formatdisplay may withdraw from the contract without any obligation to pay compensation. In this case formatdisplay undertakes to inform the buyer immediately about the unavailability and to reimburse counter-performances of the buyer without delay. 10. Jurisdiction German law shall apply. The exclusive place of jurisdiction for all legal disputes with merchants based on our contractual relations with the customer is Stuttgart.

format Messe + Display GmbH
Status 01.01.2022