Terms and conditions

Terms and Conditions of Service and Supply
of Accente Gastronomie Service GmbH

General · Banquet & Partyservice · Stand Delivery · Staff Service

1. General

1.1. Our contractual partners are referred to in the following as the customer, Accente Gastronomie Service GmbH as supplier or ACS without prejudice to any legal classification of the contractual relationship.

1.2. The following terms and conditions become constituents of all agreements entered into between the customer and ACS without ACS’s objection being necessary against any restrictions claimed by the customer. All other issues are governed by statutory provisions.

1.3. General terms and conditions of the customer and other agreements or amendments and side agreements are only valid if ACS has given its express consent in writing.

1.4. Dates of performance set for delivery and service agreed upon in separate agreements are generally binding.

1.5. ACS is exempted from its duty to deliver if it is unable to fulfil its obligations in case of unforeseeable, extraordinary circumstances which ACS was unable to prevent in spite of applying reasonable care concerning the circumstance, such as force majeure, operational interruptions on the grounds of strike or lockout, governmental acts, delays in the delivery of essential commodities etc. which lead to a failure to deliver or render the service. For all of the reasons for failure it is irrelevant whether they have incurred in the customer’s or ACS’s responsibility.

1.6. If ACS is exempted from delivery, no claims for damages and any rights of cancellation can be asserted by the customer. Customer reimburses ACS for all cost incurred by ACS up to the point of time when ACS is exempted from delivery under Number 1.5.

1.7. Rights of the customer on the grounds of the lack of warranted quality can only be justified if the warranted quality is expressly mentioned in the order confirmation by ACS. The customer has no other rights relating to such issues.

1.8. We are bound by our offer if it is accepted within 4 weeks of the date of offer.

1.9. Amounts invoiced are final prices and payable immediately without deduction. Should invoices have to be changed due to address changes or other reasons for which the supplier is not responsible the customer is to pay an administrative fee of € 15.00 net of VAT.

1.10. Amendments or supplements to these terms and conditions, as well as the cancellation of individual provisions require the written form to become binding. The same is applicable to this requirement of the written form.

1.11. The invalidity of any provision of the agreement shall not affect the validity of the other contractual provisions. The contractual parties agree to replace the invalid contractual provision by way of complementary agreements by a written agreement which comes as close as possible to the economic result of the invalid provisions without delay.

1.12. Exclusive jurisdictional venue is Frankfurt/Main, Germany among fully registered merchants for all disputes arising from the contractual relationship and the origin and validity of the agreement. The contractual relationship is governed by the laws of the Federal Republic of Germany.

2. Additional special terms and conditions for Banquet & Partyservice

2.1. Offer and contract

2.1.1. ACS is only bound by declarations of agreement made by ACS in writing, in particular by offers of performance and the acceptance of offers. Any oral agreements granted by ACS require a confirmation in writing by ACS to become effective.

2.1.2. A contract is only valid if it has been fixed in writing and the document has been signed with legal effect. A contract sent to the customer must be signed and returned.

2.1.3. Customer should place a purchase order with ACS no later than 5 business days prior to the event in case of events with up to 100 people, 12 business days for up to 500 people, and 3 weeks prior to events with more than 500 people. Shorter ordering periods can be accepted during trade fair events.

2.1.4. ACS needs a binding number of people which must be communicated 3 days prior to events with up to100 people, 8 days prior to events up to500 people and 10 days prior to events with more than 500 people. The number of people can be increased after consultation and special agreement even after the expiry of said period of communication. The number of people communicated is the basis of invoicing.

2.1.5. Customer agrees to notify ACS of all changes of the schedule of event and/or number of people as soon as possible. Contract modifications and new offers must be in writing and confirmed.

2.1.6. For cancellations of contract by customer, the following calculation is applicable: No invoicing of cost up to 84 days prior to event start, between 83 and 57 days prior to event start all cost incurred from provisioning up to that day, between 56 and 43 days prior to event start all cost incurred from provisioning up to that day plus 25% of the turnover of food and beverages to be reasonably expected (calculated on the basis of the contractual estimated cost calculation of food and beverages), between 42 and 15 days prior to event start all cost incurred from provisioning up to that day plus 50% of the turnover of food and beverages to be reasonably expected, less than 15 days prior to event start all cost incurred from provisioning up to that day plus 75% of the turnover of food and beverages to be reasonably expected.

2.1.7. In cases where the contract is modified at customer’s request at a later date, thus resulting in a reduction of the number of people originally planned, the following calculation is applicable: No invoicing of cost up to 29 days prior to event start, between 28 and 6 days prior to event start all cost incurred from provisioning up to that day plus 25% of the turnover of food and beverages to be reasonably expected, 5 days or less prior to event start all cost incurred from provisioning up to that day plus 75% of the turnover of food and beverages to be reasonably expected.

2.2. Scope of services

2.2.1. The supplier’s scope of services in particular includes all material and services necessary to perform the event subject of the contract.

2.2.2. The itemized list of services is included in the contract between the parties.

2.2.3. The scope includes (except for catering at the stand) the delivery on the trade fair site, provision of crockery and equipment pertinent to the ordered goods. Collecting and cleaning the commodities after use, disposal of waste off the gastronomic area. ACS makes table linen or placemats available for menu or buffet deliveries.

2.2.4. For stand catering, the scope of services includes the delivery on the trade fair site and provision of disposable crockery if food was ordered.

2.2.5. The greater of either a service cost lump sum of 15% or one service hour is invoiced on the prices listed in the offer submitted by ACS for standard service. If less than 15 people are served or after 6 p.m., service cost are invoiced by the hour separately.

2.2.6. Energy utilities are the responsibility of the customer.

2.2.7. Accente will not assume liability for objects of any kind introduced on the site.

2.2.8. Customer is responsible for any applications for a prolongation of closing time should this be necessary.

2.3. Payment, Default, Set-off

2.3.1. No later than 7 days prior to the event, customer is to pay a down-payment of 90% of the order value.

2.3.2. Default of payment bears interest of 5% of the applicable basic interest rate of the European Central Bank. Claims to assert higher damages remain unaffected by this.

2.3.3. Offsetting against counterclaims of the customer is excluded unless claims are set off against a claim which is recognized by ACS or judicially established.

2.4. Complaints

2.4.1. Complaints must be notified to the event coordinator without delay.

2.4.2. Customer must notify the event manager and/or ACS respectively without delay, but no later than within 2 days of their detection, of any concealed defects of goods supplied and services rendered by ACS.

2.4.3. If customer does not comply with its duty of communication under Number 2.5.1 and 2.5.2 in time and defects cannot be remedied in time, during or up to the end of the event because of the customer’s behaviour, no claims for damages can be asserted by the customer from such defects.

2.5. Transfer of risk and liability

2.5.1. Customer must check the goods upon their delivery. Complaints are handled as per Number 2.4.

2.5.2. With the acceptance of deliveries under Number 2.5.1 or services under Number 2.2 of these terms and conditions by customer, the risk of loss, damage, reduction or deterioration including indirect consequential damages are transferred to customer.

2.5.3. Any liability for indirect personal injuries, material damage and consequential damage is excluded to the extent permitted by law.

3. Special additional terms for Stand Delivery, Equipment and Furnishings

3.1. Scope of services

3.1.1. The available range of products is referred to in the valid ordering lists. Commodities are only supplied in commercially customary packaging units.

3.1.2. Stand supplies are limited to the Frankfurt trade fair area. No restaurants or conference rooms of said site can be supplied.

3.1.3. Deliveries are made between 8 a.m. and 4.30 p.m. Customer must place orders on the previous day by 1 p.m. to ensure delivery in due time.

3.1.4. Customer must ensure that deliveries can be accepted at the time agreed upon. If no acceptance is possible and a second delivery must be sent, invoicing is as per expenditure.

3.1.5. We invoice a transportation fee of € 17.50 net of VAT for first orders of a value less than € 95.00.

3.1.6. We reserve the right of price and item changes.

3.1.7. Items subject to a deposit are picked up and refunded. No merchandise transfer on a commission basis.

3.1.8. Leased goods and transportation containers are owned by ACS. Orders for complete packaging units are only permitted. The rental price is valid for one day. The minimum rental period is 3 days. The rental price includes delivery, collection and cleaning. If the rented items are not returned in due time or collection is impossible through the fault of the lessee, another full rental price is invoiced. The lessee or a person with powers of attorney is to acknowledge the receipt of the rented items at the time of delivery or collection. The lessee is responsible for the rented items during the entire rental period. We reserve the right to impose a security deposit to be set off against the price for the rented items upon their return. No liability is granted by the lessor for any damage to clothing or health impairment by the use of the rented items. Lessee is responsible for any damage claims asserted by third parties. Ordered items are reserved and provided for the lessee. Please note for any return shipments: Return crockery/cases in perfect condition, clearly segregated and properly packed. Place glasses in the box open end up; remove residual food from the crockery; empty beverage residues; do not heavily soil transportation cases; do not damage identification labels. We reserve the right to a separate cleaning fee for non-compliance with these instructions.

3.2. Payment, Default, Set-off

Deliveries only with credit card information given prior to trade fair start. You may give them for payment or security purposes. Invoices are issued and the account is debited after the trade fair is over. The order value only is reserved on the credit card prior to trade fair start.

3.3. Complaints

Any complaints, especially over short quantities or unsolicited items, must be immediately notified to the responsible ACS employee in charge at the site of transfer. Any complaints received at a later date are not accepted as there is no chance of proving the facts and circumstances.

3.4. Transfer of risk and liability

3.4.1. Customer must check the goods upon their delivery. Complaints are handled as per Number 3.3.

3.4.2. With the acceptance of deliveries under Number 3.4.1 or services under Number 3.1 of these terms and conditions by customer, the risk of loss, damage, reduction or deterioration including indirect consequential damages is transferred to customer.

3.4.3. Any liability for indirect personal injuries, material damage and consequential damage is excluded to the extent permitted by law. Special attention is drawn to the fact that the operation of beer pumps (CO2 equipment) is subject to a special duty of care. Any use and operation of said equipment shall be at the entire risk of the customer.

3.4.4. Short quantities and proved damage are invoiced to the lessee as per price list included in the applicable version of the stand supplies catalogue. Liability starts from taking delivery and ends upon collection (or return of the rented item by the lessee in the Accente storeroom.

3.5. Repudiation/Cancellation

Cancellations are invoiced pursuant to the grading below: without charge up to 6 days prior to the date of delivery, up to 2 days prior to the date of delivery 50% of the order value, on the date of delivery 100% of the order value.

4. Additional special terms and conditions for Staff Service

4.1. Offer and contract

A contract is only valid if it has been fixed in writing and the document has been signed with legal effect. A contract sent to the customer must be signed and returned.

4.2. Scope of services

4.2.1. The staff deployed by the supplier must adhere to the agreed working hours in the customer’s company. He must complete all duties assigned to him by adhering to all valid regulations, especially all provisions concerning safety and hygiene. Pursuant to section 11 par. 6 AÜG (German Staff Leasing Act) the customer has certain duties resulting from the regulations on safety and health at the workplace.

4.2.2. In exceptional circumstances, supplier is entitled to postpone the leasing of temporary staff or repudiate any part of the order. This is applicable to any fact that makes the provision complicated or even impossible for any period of time. This is not applicable to an event of a gross negligent violation of contractual provisions by customer or intentional or gross negligent violation of contractual provisions by a legal representative or agent of the customer or in the event that the supplier is unable to render the service by the customer’s fault.

4.2.3. Should the supplier be entitled to postpone the provision of temporary staff or repudiate any part of the contract, the customer has no claims for damages, whatever their legal justification. Any failure to render the service by the customer’s fault is governed by statutory provisions.

4.2.4. Both supplier and the leased staff are bound by secrecy obligations on all business matters of the customer.

4.2.5. The staff deployed has been checked for professional skills and assigned to a specific occupational group. The customer may only assign the deployed staff the tasks specified in the order, and the staff may only use or operate the equipment, machinery, tools etc. which are necessary for the completion of such tasks.

4.2.6. The supplier may assign the further completion of the order to another employee who has equivalent professional skills if important grounds on an organisational or legal level require such an assignment, the supplier considering the special situation of the customer operations and customer’s requests for this purpose.

4.2.7. The deployed staff is not authorised to transport, handle or receive or collect money or other means of payment.

4.2.8. The tasks completed by the staff on the customer’s site are governed by the public-law regulations of safety and health at the workplace valid for the customer’s site; the customer is responsible for all duties which an employer has to fulfil under such regulations notwithstanding the duties of the supplier. Customer undertakes to make sure that all accident prevention and safety and health regulations, as well as the provisions of the German work hour legislation (ArbZG) are adhered to which are valid, and First-Aid facilities and measures are available and ensured on the site where the employee is working. Customer has the duty to instruct the staff on specific hazards of their workplace during their work tasks and precautions to prevent them before the work is carried out.

4.2.9. If the staff is exposed to chemical, physical or biological hazards during work at the customer’s site or is required to carry out dangerous work of a risk group requiring special safety precautions in accordance to BGV A 4, customer must subject the staff to special medical check-ups by specialist in industrial medicine before work. The customer notifies the supplier of any accident occurring during work immediately.

4.2.10. The supplier will deploy no staff in the event of a strike on the customer’s site.

4.2.11. Customer agrees not to employ the staff outside the work hours permitted by law. Customer is responsible for the obtaining of a permit if longer work hours are only permitted with the consent of the national safety and health at the workplace authorities. The following surcharges will be calculated on the basis of the regular weekly working hours valid for the customer’s site.

The following surcharges are applicable to overtime, shift work and work on Sundays and public holidays: Overtime Monday to Saturday 25%, working hours on Sunday 50%, working hours on public holidays 100%, working hours between 11 p.m. and 6 a.m. (work at night) 25%. Shift surcharges and deviating surcharges are subject to a separate agreement.

In the event of a combination of overtime, Sunday and public holiday, the highest of the surcharges is applicable. If the site of work is outside the city limits of the ordered premises, customer is to pay the staff’s travel expenses by public transport from the centre of town to the place of work. A reasonable daily allowance may additionally be agreed to in this special event.

4.2.12. The supplier also performs tasks of a personnel recruitment agent. Customer may enter into a separate employment contract with the staff deployed by the supplier for a period after the completion of work, thus taking over such staff. Such an employment contract may be signed directly after the end of the deployment in accordance with the termination provisions applicable to the deployed staff.

For each case of new employment, customer is to pay to the supplier an agency commission of 25% of the annual gross salary (including special payments) the supplier pays to such staff. This commission is reduced by 15% for each month of the previous deployment. Customer is to send the supplier a copy of the employment contract concluded with the staff, but only the part with the itemized salary components which is signed by both parties.

4.3. Period of delivery

Supplier is exempted for rendering the service in the event of delays by industrial disputes, in particular strike and lock-out, and the occurrence of other unforeseeable circumstances outside the influence of the supplier if such circumstances prevent the deployment of temporary staff which the supplier must be able to prove.

4.4. Payment, Default, Set-off

4.4.1. Should nothing to the contrary be agreed to, the prices are net of VAT and are exclusive of any surcharges for overtime, work at night, work on Sunday and public holidays.

4.4.2. We reserve the right to make reasonable price increases. Increases become effective two weeks after the notification of an intended price increase. Such a notification of a price increase entitles the customer to terminate the order as at the date of the announced price increase with a period of notice of one week from the service of the notification.

4.4.3. The supplier is the only one to pay salaries to the deployed staff. The staff is not entitled to accept advance payments or other payments from clients.

4.4.4. Accounting is done every week. Invoices are payable net when due. Customer agrees to sign all activity reports received from the deployed staff every week or directly upon the completion of order.

4.5. Warranty and liability

4.5.1. In view of the fact that the deployed staff complete their tasks under the supervision and direction of the customer, the supplier is not responsible for the quality of work and for damages caused by the staff during or in the connection of their work.

4.5.2. Customer holds the supplier harmless from any claims asserted by third parties in the connection of the execution and completion of the tasks assigned to the deployed staff.

4.5.3. The supplier’s responsibility for the careful selection of the leased staff remains unaffected by the previous rule.

4.5.4. Supplier agrees to obtain all necessary work permits for any foreigners deployed as staff. Customer agrees to adhere to any restrictions entered in work permits in relation to the type of industry or place of work if applicable. Customer holds the supplier harmless from all claims asserted by the labour administration due to violations of such restrictions.

4.5.5. As far as possible, supplier will make available replacement staff to the customer if the latter is not satisfied with the performance of the deployed staff and notifies the supplier within the first four hours of work. These four hours are not invoiced to the customer.

4.5.6. Customer may also terminate the contract within the first five days of work by giving two working days’ notice to the end of a working day. All actual working hours shall be remunerated in such event.

4.5.7. Customer may terminate the contract after this period by giving five working days’ notice if the term of contract is up to six months, with a term of up to twelve months by giving ten working days’ notice, and with a term of longer than twelve months by giving one month's notice to the end of a month.