General terms and conditions for
temporary staffing and service contracts
Preamble
These mks terms and conditions form an integral part of every offer and contract, unless otherwise expressly agreed on in writing in exceptional cases. Differing conditions established by customers (for temporary staffing contracts: hirers) are deemed invalid.
§ 1 Offers and prices
Unless otherwise agreed, the prices are basic net prices ex mks’ headquarters at 52146 Würselen, Schumanstr. 16, without provision of work clothes or other equipment, and excluding travel/shipping costs.
§ 2 Order placement
Customer/Hirer orders must be sent to mks in writing, and are only deemed valid if confirmed in writing by mks. Agreements with representatives or other agreements with the customer/hirer containing legally binding guarantees or differing terms and conditions must be confirmed in writing by mks in order to be deemed valid.
§ 3 Purpose/Execution
a) For service contracts:
Based on the terms and conditions below and the service contract concluded in individual cases, mks renders the contractual services at the agreed location. The staff employed by mks is selected based on and in accordance with the technical requirements described in the service contract. During employment, the staff is exclusively subject to mks’ work instructions, supervision and guidance. mks expressly states that the selected contract form does not include rights for the customer to issue instructions to mks staff.
b) For temporary staffing contracts:
As a service-providing company, mks provides staff at the agreed location based on the German Law on Temporary Employment (AÜG), the following general terms and conditions, and the temporary staffing contract concluded in individual cases. The staff is selected and employed accordingly based on the technical requirements described in the labour supply contract. During employment, the staff is exclusively subjected to the hirer’s work instructions, supervision and guidance, whereby contractual relations are established between the employee and hirer. All key features of the work and any new arrangements must exclusively be agreed on with mks, whereby mks must take into account the particular conditions at the hirer’s business and the wishes of its customers as much as possible. The hirer must inform mks beforehand if it intends to entrust the employee with other tasks or employ him/her at another location. The hirer commits to advising the staff of the accident prevention rules applicable at its establishment and the respective workplace before work commences, and particularly to providing them with the safety equipment and protective clothing stipulated for the respective task. If the employee refuse to commence or continue the work in the event of defective or unavailable safety facilities, equipment, or protective clothing, the hirer is liable to mks for the resulting loss in wages. The mks staff are insured with the employer’s mutual indemnity association. Occupational accidents must be immediately reported to mks and the mutual indemnity association via the notification form. The hirer must send a copy of this form to the competent mutual indemnity association as per Sec. 193 of Volume VII of the German Social Code (SGB VII). First aid facilities and measures are taken care of by the hirer. mks reserves the right to conduct security checks at the place of work. The hirer grants mks access to the work places for this purpose.
§ 4 Liability
mks is only liable under these terms and conditions and where stipulated by law. Any customer/hirer claims extending beyond this, including any compensation claims for consequential damage and damage resulting from subsequent performance prompted by a contractual breach by mks, are limited to typical, foreseeable damage, insofar as mks has not provided any guarantee regarding service life or quality. mks will provide the relevant insurance cover for physical injury and material damage in order to protect against any compensation claims. Any liability of mks is limited to the sum insured of the business operational third party liability insurance of mks with a sum insured of € 5.000.000,00. However, the liability limit does not just apply to other damage based on a deliberate or grossly negligent breach by mks or one of its legal representatives or assistants.
Addendum for temporary staffing contracts:
The hirer’s main obligation is simply to properly select the employees to be delegated to the contractual task. The parties agree here that the supplied temporary workers are not mks assistants in any way. mks is not liable for malperformances or damages caused to items by its staff. mks liability is otherwise excluded, insofar as the employees are entrusted with monetary matters, such as cash management, storage and administration of money, securities and other valuables.
§ 5 Accounting/Payment conditions
The customer/hirer receives a certificate of employment every day for countersigning. A countersigned copy is kept at the customer’s/hirer’s audit office. Unless otherwise expressly and contractually agreed, the legal VAT is not included in mks prices, and is shown separately in the legal amount applicable on the day of accounting. If no particular contractual agreement has been established, the services rendered by mks are due and payable in full immediately. mks employees are not entitled to conduct collection procedures. In the event of payment default, mks is entitled to charge legal default interest 5% above the respective basic rate. The customer/hirer reserves the right to prove less default-induced damage. Counterclaims may only be raised by the customer/hirer through offset and/or by exercising withholding rights in the event undisputed claims exist. mks is entitled to refuse the agreed service/delivery at any time, even after the order has been accepted, if the customer/hirer defaults on payment, if mks becomes aware of issues in the customer’s/hirer’s financial circumstances which no longer sufficiently appear to protect mks’ claims, or if there is a risk that executing the contract may constitute a breach against legal regulations or principles of public ethics and morals. If the customer/hirer exceeds the legal extensive periods, mks is entitled to invalidate all agreement payment terms and make the claim payable immediately.
§ 6 Agency clause
If the customer/hirer enters into a service or employment contract with an mks employee after the job/temporary staffing is complete, or if it otherwise continues to employ him/her – e.g. by using another agency -, mks is entitled to demand an agency fee of € 1,200.00. The fee is reduced by 1/12 per month elapsed since conclusion of the job/original temporary staffing.
§ 7 Other
The customer/hirer must provide mks with all necessary documents, information, particularly any necessary access authorisations/exhibitor passes. The exclusive local and international jurisdiction of the Aachen Local/District Court is agreed on for all contractual and non-contractual disputes, under the application of Federal German law. mks hereby assures, that its employees receive a minimum wage in the course of the provision of the services rendered, in accordance with the statutory requirements of Art. 1 of the German Federal “Mindestlohngesetz’ (Minimum Wage Legislation).
Addendum for temporary staffing contracts:
mks holds a permanent permit to supply temporary commercial workers under Sec. 1 Para. 1 of the German Law on Temporary Employment (AÜG). This permit was issued to the hirer by the NRW State Employment Office in Düsseldorf on 21/2/2009.
Additional provisions for catering assignments:
§ 1 Rental items
The client is obliged to insure the rented item against all risk. Liability begins at the time of handover, and ends with its return. If no authorised client is present at the time of handover, the rented item is left at the venue, with the client thereby acknowledging correct delivery. An offer does not imply any reservation.
§ 2 Transportation, delivery, collection
mks guarantees delivery prior to event commencement. If deliveries are impeded or rendered impossible by force majeure, meaning agreed times and deadlines cannot be upheld, mks cannot be held responsible for this. Various client schedule requests are outlined for free deliveries. Fixed deliveries require a written confirmation. Deliveries not governed by these agreements incur a cost. Upon delivery, the client confirms receipt of the item on a delivery slip. The client must immediately check the item for defects. Complaints must be lodged with mks within 24 hours; those received after this time are deemed invalid. Deliveries are made at ground level as far as the stand boundary or first door. Crockery deliveries are made in specially designated transportation crates, which are stored by the client until collection at the end of the trade fair. If this incurs costs, these are borne by the client. Packing and unpacking/stowage of crockery/accessories is not included in the price. The rented item must be made available for collection at the end of the event. If collection/dismantling is not possible, the client must immediately return the item to mks at its own expense. Crockery crates must be sorted and made available for collection in flawless condition. Food leftovers must be removed from the crockery, leftover drinks must be poured out, and glasses sorted upright.
§ 3 Complaints and defects
Normal traces of wear resulting from usage as a rental item are not recognised as complaints. If, however, a rental item is replaced, mks reserves the right to deliver an equivalent or better item. The replacement is made within 24 hours. mks guarantees on-site service for defects and technical issues reported promptly. The device is repaired or replaced within 24 hours. If, during repairs, it is found that the defect was caused by the client or a third party, the client bears the repair or replacement costs. The devices illustrated may differ in shape, colour and dimensions from those delivered. Insofar as this does not affect functionality for the client, it cannot be recognised as a complaint. Items incorrectly ordered by the client cannot be replaced or retracted. mks charges for all rented items, regardless of whether or not the client actually uses them.
§ 4 Incorrect quantities and breakages in crockery/devices
The rented item is retracted subject to reservations. Breakages and incorrect quantities are only detected and documented during cleaning and checks by our staff. They are charged at the replacement price (original price) plus procurement costs.
§ 5 During the trade fair
The client ensures that areas in which food is handled only have smooth surfaces which are easy to wash and disinfect. The floor must be non-slip, and must similarly be easy to wash and disinfect (no carpet!). Kitchens and counters must have facilities for hand-washing (basins with running hot and cold water, disposable towels, soap dispensers) and disinfection. The client ensures that areas in which food is handled uphold the hygiene regulations of the relevant states and exhibition company. Power and water connections, as well as drainage, are provided by the client. Rubbish disposal costs are borne by the client. The client provides mks with an exhibitor pass free of charge.
§ 6 Food and beverage – orders and deliveries
The client advises its food orders for the entire trade fair no later than 10 days prior to the event’s commencement. Order quantities may be corrected 10% down and 50% up for the individual days. The trade fair stand is generally supplied once a day, unless otherwise agreed. Orders for the following day must be placed by 2pm; mks cannot guarantee next-day delivery for late orders. Orders must be made in writing. If they are placed by telephone, mks cannot be held liable for any errors. A 60-minute grace period must be factored in for deliveries. If an item is out of stock or missing, mks reserves the right to provide a replacement within 24 hours. Beverages in returnable containers are delivered on a returnable basis, i.e. the opened packaging (box, container) is charged for. If mandatory returnable items are not returned, the amount is charged retrospectively. Empty items and unused beverages are collected no later than the first working day after the trade fair has ended. Delivered food (except the aforementioned beverages) and any consumables are not collected. Complaints may only be taken into account if lodged immediately upon receipt of the item. Compensation claims extending beyond the item’s purchase price are excluded. mks assumes no liability for incorrect storage by the client.
§ 7 Payment conditions
All stated prices are net prices, and are exclusive of the legal VAT. If the contract is awarded, a down-payment equalling 50% of the order sum must be paid at least 14 days prior to the event’s commencement. The total invoice is submitted after the event, and is payable in full upon receipt. Disclaimer: No claims may be raised if delivery is impeded by force majeure (accident, etc.). All deliveries, services and offers are based exclusively on these terms and conditions. Sub-agreements must be confirmed in writing by mks. Our offers are subject to change. The contract takes effect following written confirmation by mks.
All additional agreements/information and complaints must be in writing, and must be addressed to:
mks Messe- und Kongress-Service GmbH, Schumanstr. 16,
52146 Würselen, Tel.: 02405/45060, Fax: 02405/450630,
Email: info@mksgmbh.com