General Terms and Conditions of WWM GmbH & Co. KG
§1 Contractual Basis
(1) All orders placed with WWM GmbH & Co. KG ("Contractor") shall be based on these General Terms and Conditions ("GTC") even if the Contractor does not confirm this each time for subsequent orders. Orders shall be accepted exclusively on the basis of these Terms and Conditions. Any terms and conditions of the Customer deviating from these GTC in whole or in part shall not be recognized unless they have been expressly agreed to in writing. These General Terms and Conditions shall also apply exclusively if the Contractor carries out the processing without reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these General Terms and Conditions.
(2) deviations from these GTC require written agreement. The contract shall be concluded on the basis of these GTC and our written offers or order confirmations. 3.
(3) Any reference to the customer's general terms and conditions of business by way of form shall be rejected.
(4) Our General Terms and Conditions shall only apply to entrepreneurs within the meaning of Section 310 (1) of the German Civil Code (BGB).
§2 Content of the Contract
(1) The content of the contractually owed service results from the accepted written offers or our order confirmations or framework agreements.
(2) Prices quoted are based on the project schedule planned by the contractor. Changes, adjustments and additions that are not justified by the contractor may result in additional costs, e.g., due to changes in quantities and dimensions, additional services, equipment or the expiry of deadlines.
(3) Unless otherwise indicated, all items are to be understood as rental items. Costs of a similar amount are to be expected for subsequent projects (subject to price increases).
(4) If additional services become necessary for unforeseeable reasons or at the request of the customer, the contractor shall submit a supplementary offer showing the effects of the extension of the services on the remuneration and the deadline situation. Contents of a supplementary offer shall become part of the contract if the Customer does not object in writing within 5 working days, in urgent cases not immediately.
(5) Costs that are not the fault or responsibility of the contractor, regardless of whether they are the fault of the customer or a third party, e.g. late delivery of registration documents/data, missing specifications for design and visualization, unforeseeable fairground-related waiting times for delivery or collection, waiting times for set-up and dismantling for forklifts, working platforms, empty and full goods storage, transport costs on site, etc. will be charged to the customer against proof. The same applies to the expiry of deadlines, e.g., for commissioning, delivery of print data, approvals, trade fair registrations (especially in the case of delayed transmission of access data to online portals of the organizers) etc.
§3 Offer, Offer and Design Documents
(1) if offers are prepared according to the information provided by the customer and/or the documents and information provided by the respective event organizer, the contractor shall not be contractually obligated to check them. If he nevertheless recognizes the incorrectness or incompleteness of the information and/or documents received, he shall report this immediately.
(2) Offers, plans, drafts, drawings, production and assembly documents as well as descriptions of concepts shall remain the property of the Contractor with all rights, even if they have been handed over to the Customer, unless expressly agreed otherwise in writing. In this respect, they are business secrets of the Contractor within the meaning of § 2 para. 1 no. 1 of the German Act on the Protection of Business Secrets (GeschGehG). The Customer shall require the Contractor's express written consent before disclosing them to third parties.
(3) In the event of differences between the pictorial representation of the stand and the information contained in the offer, the written offer shall be binding.
(4) Details in representations and the offer are subject to the stand construction permit and possibly necessary static calculations and approvals by the trade fair/the organizer. If this approval is not granted, the contractor reserves the right to make conceptual and constructional changes at his own expense. In addition, the contractor reserves the right to make any changes in the construction.
(5) All expenses incurred due to specifications of the organizer/the trade fair (e.g. costs for statics, test statics, proof of stability, extended assembly or dismantling, any permits, the resetting of the hall floor by drilling, disposal and waste removal, etc.) are, unless otherwise stated, not included in the offer and will be invoiced according to expenditure.
§4 Conclusion of Contract
(1) The contract shall be concluded upon the Contractor's written confirmation of the order or upon the commencement of the execution of the order.
(2) The contract shall also be deemed to have been concluded if the Customer makes a down payment which the Contractor accepts as such, or if the Contractor commences performance of the contractual services vis-à-vis the Customer without objection.
(3) All claims against the contractor, which are subject to the knowledge-dependent regular statute of limitations, are generally subject to a limitation period of one year from the beginning. Excluded from this are claims for defects by consumers as well as claims for damages due to injury to life, body or health and/or claims for damages due to damage caused by gross negligence or intent. In this respect, the statutory limitation periods shall apply.
(1) the offer prices are valid only with order of the entire offer and in the absence of deviating indication not longer than one month starting from offer date.
(2) the legal value added tax is not included in the price. It will be shown separately in the invoice at the statutory rate. All prices are ex works, production site, warehouse or logistics warehouse and do not include packaging, freight, postage, insurance, etc., unless explicitly included in the offer.
(3) The agreed prices shall be valid for a period of 6 months from the date of the offer, unless otherwise stated. After the expiration of this 6 month period, the contractor is entitled to pass on to the customer any unforeseeable price adjustments by manufacturers, suppliers and trade fair organizers or wage adjustments that become valid after the expiration of the aforementioned 6 months. The customer may withdraw from the contract if the price is more than 10% higher than the price at the time of conclusion of the contract. In this case, the Contractor shall be entitled to remuneration for the services rendered up to that point, whereby the services rendered shall also include claims by third parties which the Contractor has commissioned in reliance on the performance of the contract. Further claims are excluded on both sides.
(4) If the start, progress, or completion of the work is delayed for reasons for which the Contractor is not responsible, the Contractor shall be entitled to invoice the resulting additional expenditure separately against proof of expenditure. In this case, the rates for working hours (including travel and loading times), motor vehicles, material prices and other prices of the Contractor or a third party used to the necessary extent for the execution of the order shall apply. 5.
(5) Services not estimated in the offer, which are carried out at the request of the customer or additional expenses, which are caused by incorrect information of the customer or the organizer, by transport delays through no fault of the customer, insufficient ground conditions, omitted observance or notification of regulations of the organizer by the customer, not on schedule or professional preliminary services of third parties, as far as they are not vicarious agents of the contractor, are to be additionally paid by the customer.
(6) Services performed for the customer at the customer's request or in the customer's recognizable interest in proper contractual performance, in particular within the scope of the planning and/or implementation of the customer's participation in the event, shall be additionally remunerated by the customer according to expenditure. The Contractor shall be entitled to charge a handling fee of 15% for any amounts disbursed or to be disbursed in this respect or for services to be performed. The Contractor shall be entitled to contract out such services to third party companies on behalf of the Customer. This includes, for example, the installation of utility connections (e.g., electricity, water, internet) by the organizer or his vicarious agents.
(7) All offers and prices are subject to change. All prices are exclusive of the statutory value added tax.
§6 Delivery Time / Assembly
(1) If no express fixed date has been agreed for the start of execution or completion, the delivery date stated shall only be approximate.
(2) In the event of changes or modifications to the execution or planning requested or carried out by the customer after conclusion of the contract, even firmly agreed delivery dates, in particular also fixed delivery dates, shall lose their validity. The same shall apply to obstructions for which the Contractor is not responsible, in particular for the untimely provision of documents and materials by the Customer as well as changes to the set-up times on the part of the event organizer which cannot be compensated by the Contractor. If the Contractor succeeds in compensating for postponements of the set-up times, which is in the interest of the Customer, only by means of additional staff and/or cost expenditure, the Contractor may demand separate remuneration for this expenditure.
(3) If disruptions in business operations occur for which the Contractor or its suppliers or subcontractors are not responsible, in particular cases of force majeure, strike and lockout, which are based on an unforeseeable event for which the Contractor is not responsible and which lead to serious operational disruptions, the delivery/completion period shall be extended accordingly. If performance of the contract becomes impossible due to the aforementioned disruptions, both parties shall be entitled to withdraw from the contract. In this case, the Contractor shall be entitled to compensation for the services rendered up to that point, whereby the services rendered shall also include claims of third parties which the Contractor has commissioned in reliance on the performance of the contract, as well as all costs associated with the execution of the contract, such as cancellations, return transport of materials, additional travel expenses, etc. Further claims for damages are excluded on both sides, unless the customer is responsible for the disruptions.
(4) If the exhibition and/or event rooms or areas are provided or booked by the customer, the premises shall be made accessible to employees and agents of the contractor on the set-up, dismantling and event days for the set-up and dismantling of exhibition stands and stage constructions, installation of lighting and sound equipment, as well as for stage rehearsals, and all specifications and restrictions of the event organizer shall be passed on to the contractor at an early stage and in full.
§7 Technical Installations
(1) simple electrical connections shall only be made for equipment supplied by the contractor. Other electrical installations must be carried out by legally authorized installers. This also applies to heavy current, water and compressed air connections.
(2) exhibition site costs such as full and empty storage, forklifts, scissor lifts, disposal and waste, recycling on site, floor deliveries - if not explicitly included in the offer - will be invoiced directly or according to actual receipts. Stand cleaning is the responsibility of the customer, rough cleaning for stand handover is included.
(3) utility connections, e.g. internet, water and electrical supply, suspension points for ceiling and/or rigging, sprinkler or smoke alarm systems, etc., as well as associated fees and consumption costs, will be ordered by the contractor on behalf and for the account of the customer and only after receipt of the order from the trade fair. Associated expenses, such as correspondence and separate preparation of plans, etc., will be invoiced separately to the Customer by the Contractor on a time and material basis. A processing period of at least 10 working days must be allowed for. Online and access data for order forms shall be forwarded or communicated to the Contractor immediately upon receipt.
§8 Freight and Packaging / Transfer of Risk / Prints
(1) The products of the contractor always travel at the expense and risk of the customer, unless otherwise agreed in writing. Any packaging required and/or deemed necessary by the Contractor in accordance with its duty shall be additionally remunerated by the Customer.
(2) Materials of the customer which are to be used in the manufacture or assembly must be delivered free to the factory or assembly site on the agreed date. Return deliveries of such items shall be made carriage forward ex works or place of use at the customer's risk.
(3) Unless otherwise agreed, all risks shall pass to the Customer when the goods leave the Contractor's premises or are made available to the Customer. This shall also apply in cases where carriage paid delivery has been agreed.
(4) If the goods ready for dispatch cannot be delivered for reasons for which the customer is responsible, the risk shall pass to the customer on the day on which the goods are ready for dispatch. The Contractor's performance shall be deemed to have been fulfilled upon delivery of the notice of readiness for shipment to the Customer.
(5) If exhibit-equipment of the customer are to be (co-)transported, the above provisions shall apply accordingly.
(6) Graphics are stored as dismantled, without visual inspection. Material and color manufacturers do not guarantee constant quality for the period of storage. Therefore, the contractor cannot guarantee with certainty the reusability after the storage period.
§9 Acceptance / Handover
(1) Acceptance or handover shall regularly take place formally and immediately after completion. The Customer undertakes to attend the acceptance meeting itself or to be represented by a duly authorized representative. In this respect, it is expressly acknowledged that in special cases an acceptance date one hour before the start of the trade fair is not unreasonable. The acceptance date shall be set by the Contractor in accordance with the completion schedule and notified to the Customer. Any waiting times of the Contractor for which the Customer or its vicarious agents are responsible, e.g., in the event of a late arrival of the Customer, shall be additionally remunerated by the Customer.
(2) Any outstanding minor partial services or the elimination of defects shall be made up for or remedied as quickly as possible. Provided that they do not significantly impair the function of the subject matter of the contract, they do not entitle the customer to refuse acceptance. Withholdings of payment are only permissible on a pro rata basis.
(3) If the customer has used the service or part of the service without prior formal acceptance, acceptance shall be deemed to have taken place with the act of use.
(4) If the Contractor's services have been provided to the Customer on a rental basis, a formal handover of the rented items shall take place immediately after the end of the trade fair at the Contractor's request.
§10 Special Obligations / Duty to Cooperate of the Customer
(1) The Customer shall provide the Contractor with all necessary plans, graphic files, supporting documents and records in a timely manner and shall provide the Contractor with access to the information necessary for the Contractor's activities.
(2) The contractor is not responsible for the content of the services to be provided in the name and on behalf of the customer; this applies in particular to the content of correspondence, telephone calls, messages or actions which are processed by the contractor on behalf of the customer or which the contractor produces, forwards or undertakes on the basis of the contract with the customer.
(3) The Contractor does not check the legal admissibility of graphics, motifs, advertising statements and claims.
(4) The customer shall pass on the technical or organizational information provided to him by the organizer. He shall bear any additional costs incurred due to inaccurate information.
(5) All information, dimensions and plans are to be checked by the customer for accuracy. Any deviations, discrepancies and concerns about the planned execution must be reported immediately.
(1) The warranty shall be governed by the provisions on the contract for work and services of the German Civil Code, and in the case of rental, by the provisions of the rental agreement.
(2) As a warranty, the customer may initially only demand subsequent performance in the form of rectification of defects. The manner of appropriate rectification shall be at the discretion of the Contractor. The Contractor shall be entitled to make a replacement delivery at any time. Further claims, in particular claims for reduction or withdrawal from the contract, may be asserted by the Customer if two attempts at rectification have failed due to the same defect.
(3) The guarantee does not extend to such defects, which arise with the customer by natural wear, humidity, strong warming or inappropriate treatment or inappropriate storage. In the same way, the warranty does not extend to insignificant deviations in shape, dimensions, color and condition of the material, as far as the usability does not otherwise cease.
(4) The customer is obliged to examine the contractual services immediately for recognizable defects and to notify the contractor of defects in writing without delay and to give him the opportunity to make the corresponding determinations. 5. if the notification of defects is made in writing, the customer is obliged to notify the contractor of the defects in writing without delay.
(5) If the notification of defects is made late or if reservations were not made at the time of acceptance due to known defects or defects that could be detected during a proper inspection, the warranty claims shall lapse entirely.
(6) The warranty claims shall also expire if the customer himself makes changes or makes it difficult or impossible for the contractor to determine and rectify the defects. This is regularly the case in the event of a notification of defects after the end of the trade fair for defects that occurred or became known during the trade fair.
(1) Claims for defects and damages arising from the provision of supplies and services by third parties on behalf of the Customer shall be excluded unless the Contractor has breached its duty of care in the selection of the third parties.
(2) The Contractor shall not be liable for the Customer's goods unless safekeeping has been expressly agreed in writing. In this case, the Contractor shall only be liable to the extent of the insurance benefits, unless he is responsible for intent or gross negligence.
(3) If only planning and designs are the subject matter of the contract, the Contractor shall only be liable for the fact that he himself is in a position to realize the plans or designs accordingly. Further claims are excluded.
(4) Gratuitous advice, information or other gratuitous services may not be made the subject of business decisions or dispositions. No liability shall be assumed for any use made of such information.
(5) Claims for compensation for damages of any kind, including such damages that have not occurred to the delivery item itself, for example, from delay or breach of duty, are excluded, unless the damage was caused by intentional or grossly negligent action or the culpable breach of a material contractual obligation. In the latter case, any obligation to pay compensation shall be limited in scope to damage typical for the contract and foreseeable at the time of conclusion of the contract. Compensation for pure financial loss in the form of lost profit is excluded. The limitation of liability shall apply to the same extent to the Contractor's vicarious agents and assistants. Claims for damages arising from injury to life, body and health as well as claims under the Product Liability Act shall be unlimited to the extent provided by law.
(6) The Customer shall be liable to the Contractor for all items loaned or rented to it, including the exhibition stand, to the total amount of the restoration costs (in the case of repairable damage) or the amount of the replacement value (in the case of destruction and loss).
(7) Valuables, exhibition goods, merchandise, etc. of the customer are to be removed from the exhibition stand or from the rooms immediately after the end of the trade fair. The Contractor shall not be liable for loss or damage.
§13 Force Majeure
(1) In case of force majeure, such as war, strikes, terrorism, natural disasters, epidemics, confiscation, removal or detention by any government, customs, authority, or power, etc., the Contractor shall not be responsible for the delays and losses to the Customer.
(2) In case of non-performance of the contractual service by the contractor or his agents due to force majeure or special events, all claims arising from this contract shall lapse. In such cases, the Contractor shall retain the claim to the already due fee portions and demonstrably incurred third-party costs in accordance with the payment schedule. The Contractor shall be entitled to a share of the fee corresponding to this performance for the Contractor's services which were rendered after the last installment due in accordance with the payment schedule.
(1) For any transports, the Customer's goods shall be insured only upon express written instruction and at the Customer's expense to the amount of the replacement value. If the customer fails to take out or instruct insurance, the contractor shall be released from any liability to the extent of the otherwise existing insurance benefit.
(2) Transport damages are to be documented and reported to the contractor immediately. In the case of forwarding shipment, damage must be noted immediately on the bill of lading. In the case of rail transport, a railroad certificate of damage must be requested and sent to the contractor.
(3) Unless otherwise agreed, goods of the customer taken over by the contractor for storage on the basis of written confirmation shall be insured by the contractor at the customer's expense against fire, water damage and burglary for the duration of storage in the amount of the new acquisition value.
(4) The Contractor shall not assume any liability for the transport of the Customer's own exhibits and equipment. The contractor recommends the conclusion of a transport insurance.
§15 Credit Basis
(1) The Contractor's obligation to perform shall be subject to the Customer's creditworthiness.
(2) If the Customer has provided incorrect or incomplete information about his person or about the facts determining his creditworthiness or has suspended his payments or if insolvency proceedings have been instituted against his assets or if the institution of such proceedings has been rejected for lack of assets or if the Customer himself has applied for the institution of such proceedings, the Contractor shall not be obliged to render performance. In such cases, the Contractor may demand advance payment or other suitable security for the claim to remuneration.
(3) If the Customer does not comply with this request, the Contractor may cancel the contract for good cause in accordance with Section 20 of these General Terms and Conditions or withdraw from the contract and claim damages. With regard to the amount, the provision under clause 20 paragraph 1 of these GTC shall apply.
§16 Retention of Title
(1) All delivery items shall remain the property of the Contractor until all obligations arising from the contractual relationship between the parties have been fulfilled in full.
(2) Without the express written consent of the Contractor, the Customer shall not be entitled to resell the goods subject to retention of title or to process them. Irrespective of this, the Customer hereby assigns to the Contractor any claims arising from the resale of the reserved goods. The contractor accepts this assignment.
§17 Property Rights and Rights of Use
(1) Drafts, plans and illustrations/renderings produced by the contractor are subject to copyright law in its latest version. Reprinting or copying of the plans as well as the realization of the plans (also in extracts) by third parties is not permitted. The Contractor reserves the right to use all drafts, plans and renderings created, including the logos and images used for this purpose as well as the pictorial representation of exhibits for its own advertising and to use them without restriction for advertising purposes. This promotional use may be objected to in writing.
(2) The customer receives rights of use to the contractual services of the contractor only in simple, non-transferable form and only within the scope of the order placed and to the extent that this is necessary for the use of the contractual services for the contractually agreed purpose by the customer himself. Plans, drafts, drawings, production and assembly documents, concept descriptions as well as descriptions of exhibition and event concepts etc. shall remain the property of the Contractor with all rights, even if they have been handed over to the Customer. They are business secrets to the customer within the meaning of §§ 2 Paragraph 1 No. 1 GeschGehG. Any transfer of rights of use beyond those required for the performance of the contract and irrespective of whether special protection rights (e.g. copyrights) exist or not shall require express written agreement. The customer undertakes to refrain from any other exploitation in all forms, in particular reproduction and distribution, transfer to third parties or direct or indirect reproduction, unless this is necessary for the fulfillment of the contract.
(3) It shall be presumed that the customer has violated the obligations under section 17. paragraphs 1 and 2, if the customer holds exhibitions or events that are essentially in accordance with the plans and concepts of the contractor. The Customer shall then be at liberty to provide evidence to the contrary. 4.
(4) In the event of a breach of the obligations set forth in Section 17, Paragraphs 1 and 2, the Contractor shall at least be entitled to additional remuneration for the planning, design and conceptual services, the amount of which shall be determined in accordance with the corresponding offer of the Contractor, in the absence of an offer in accordance with the provisions of the Fee Structure for Architects ("HOAI"). Further claims for damages shall remain unaffected. 5.
(5) Furthermore, in the event of a breach of the aforementioned obligation in the event of the results of the services being provided on a rental basis, in particular in the event of reconstruction, the Contractor shall be entitled to additional, lump-sum damages in the amount of 80 % of the fee agreed for the offer period. The Customer shall be at liberty to prove that no damage or not the aforementioned amount of damage has been incurred.
(6) If materials or documents are handed over to the contractor by the customer for the production of the subject matter of the contract, the customer shall guarantee that he has the rights necessary for the implementation for the use of draft and design, primarily copyrights, rights of use, trademarks and design rights, but also all comparable rights of third parties, and that the industrial property rights of third parties are not infringed by the production and delivery of the work carried out according to his documents. The Contractor shall not be obligated to verify whether the information and documents handed over by the Customer for production and delivery violate the property rights of third parties. The Customer undertakes to immediately indemnify the Contractor against all claims for damages asserted or threatened by third parties nevertheless and to pay for the damages arising from the infringement of property rights. In the event of a claim against the Contractor for infringement of such third-party rights, the Customer undertakes to indemnify the Contractor in full against such third-party claims and to reimburse the Contractor for all costs of a legal defense. The Customer shall also be obliged to defend against unfounded claims of third parties with regard to the aforementioned rights.
§18 Terms of Payment according to Project Progress
(1) Invoices of the contractor without due date are due and payable immediately upon receipt of the invoice without deduction. Contractor shall be entitled to declare accruing receivables due at any time and to demand immediate payment. In the event of default in payment, Contractor shall be entitled to demand the respectively applicable statutory default interest as well as reminder costs. Deductions of any kind shall be excluded; no interest shall be paid on down payments. Unless otherwise agreed in the individual contract, the following payment schedule shall be agreed between the parties according to the progress of the project and shall be due as follows:
• 40 % of the agreed total remuneration as payment on account for conception, planning, work, services in advance as well as payments on account to service providers or hotels directly after signing the contract and according to the invoice,
• 20 % of the agreed total remuneration at the latest eight calendar weeks (receipt of payment) before the trade fair/event and in accordance with the invoice,
• 15 % of the agreed total remuneration at the latest six calendar weeks (receipt of payment) before the trade fair/event and in accordance with the invoice,
• 10 % of the agreed total remuneration at the latest upon handover of the services or delivery and in accordance with the invoice.
• The actual additional or reduced costs incurred shall be invoiced as soon as possible after the event period, if necessary, in several partial invoices, the last of which shall be designated as the final invoice.
(2) If the customer does not fulfill his payment obligations or does not fulfill them in a proper manner, he is not entitled to use the services of the contractor. In the event that the services or the trade fair stand are handed over on loan, the Customer undertakes to grant the Contractor possession of the handed-over services and materials or of the trade fair stand as a whole again without delay at the Contractor's request.
§19 Offsetting / Assignment
(1) Offsetting with disputed or not legally recognized counterclaims is excluded for the customer. The same shall apply to the assertion of rights of retention. 2.
(2) The rights of the customer arising from this contractual relationship shall only be transferable with the prior consent of the contractor.
§20 Withdrawal / Cancellation
(1) In the event of cancellation by the customer, the contractor may demand reasonable compensation for the services rendered, including lost profit and its expenses, whereby the services rendered also include claims by third parties which the contractor has commissioned in reliance on the performance of the contract.
(2) Instead of the concrete calculation of the compensation for the termination, the Contractor may, taking into account the usually saved expenses, assert the following lump-sum claim for pro-rata compensation. The lump-sum costs in the event of premature termination shall be as follows:
• up to 16 calendar weeks before the start of the trade fair/event 25 % of the agreed remuneration,
• up to 8 calendar weeks before the start of the trade fair/event 50 % of the agreed remuneration,
• up to 6 calendar weeks before the start of the trade fair/event 60 % of the agreed remuneration,
• up to 4 calendar weeks before the start of the trade fair/event 75 % of the agreed remuneration,
• up to 2 calendar weeks before the start of the trade fair/event 90 % of the agreed remuneration,
• thereafter 100 % of the agreed remuneration.
(3) The basis for calculation is the remuneration agreed with the customer plus sales tax less expenses saved (travel costs, accommodation, meals, etc.). The Customer shall be at liberty to prove that no or lower costs were incurred in connection with the termination than the costs stated by the Contractor in the lump sum. In addition, in the event of termination by the Customer, the Contractor shall be entitled to all third-party costs, cancellation fees, etc. incurred in connection with the contract up to the time of termination.
§21 Secrecy / Data Protection
(1) The Customer undertakes to maintain secrecy with regard to all information or processes that have become known as a result of the business relationship between the Parties and the provision of the Services, as well as with regard to all plans and documents received. This shall also apply with regard to all other internal matters of the contracting parties or other third parties involved.
(2) It is pointed out that within the scope of the business relationship or in connection with it, personal data, regardless of whether they originate from the customer himself or from third parties, are processed in the sense and to the permissible extent in accordance with the Federal Data Protection Act and the EU Data Protection Regulation.
§22 Press Releases / Reference Advertising / Documentation
(1) The contracting parties mutually permit each other to issue press releases or to use orders as references. The Contractor shall be named in publications as author and executing agency upon request. The property rights of third parties shall remain unaffected.
(2) Both contracting parties undertake not to provide any third party with information about the agreed fee.
(3) The contractor is entitled to document the production on image and sound carriers of any kind and to distribute or publish all photo, video and film recordings resulting from the contractual relationship as well as other technical reproductions for self-promotion or for editorial purposes without restriction of the spatial, factual and temporal scope. The contractor reserves the right to object to any use and dissemination of image and sound carriers of any kind by the customer or by third parties beyond the scope of the contract.
§23 Final Provisions
(1) Verbal side agreements were not made. Amendments and supplements to the contract, including non-individual amendments to this written form clause, must be in writing.
(2) Should individual provisions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the contracting parties by an effective provision which corresponds to the economic sense and purpose of the contract.
(3) The entire legal relationship between the Customer and the Contractor shall be governed by the substantive and procedural law of the Federal Republic of Germany, excluding the conflict of laws rules. The application of the "UN Convention on Contracts for the International Sale of Goods (CISG)" is excluded.
(4) Aachen (Germany) shall be the sole place of jurisdiction for disputes arising from this contract between the Contractor and the Customer as a merchant, legal entity under public law or special fund under public law. This shall not apply insofar as the disputed claim concerns non-pecuniary disputes which are assigned to the local courts irrespective of the subject matter of the dispute or an exclusive place of jurisdiction exists. The Contractor reserves the right to take legal action at the Customer's general place of jurisdiction.
WWM GmbH & Co. KG, Monschau, as of: January 31st, 2022