(1) The following general terms and conditions apply solely, unless otherwise agreed in particular case in written form. Different agreements from the client (hirer) shall be regarded as refused and are excluded.
(2) The transmission and introduction to the work, for which our personnel had been booked, shall be provided by the hirer. A contractual relationship between our employees and the hirer is not justified hereby.
(3) The hirer has to proof our employees for suitability during the first two days after start of work. In case of justified complaints, the party has the right to require an exchange of the employee after consultation.
(4) If needed, it is our task to exchange our employee as long as this is not contrary to the legitimate interests of the hirer. The longest permissible of uninterrupted operating time for one employee at one and the same hirer are 12 months currently (Artikel 1 § 3 Abs. 1, Ziff. 6 AÜG).
(5) The client assures that he/she will only mandate or allow overtime work to the extent allowed for necessary operations at stated in the Arbeitszeitgesetz (ArbZG). The hirer need to procure a regulatory approval of overtime work if needed. The client undertakes to inform us about exceptional circumstances for overtime work. The hirer should adhere to the regulations of the accident prevention and industrial-safety rules and any other generally recognized rules relevant to safety and occupational health concerning all particular activities of the employee must be observed as well. The employer shall instruct the insured persons on hazards which occur during performing work activities. Further the client is obliged to inform us about whether or when and what occupational-medical health examinations are required for the work. The client grants us the access rights to the respective work place of the workers so we can be assured of compliance with safety and occupational and health regulations.
(6) The hirer is obligated to confirm the hours with a signature (on the submitted time sheet), in which our employees were available. In case the time sheet cannot be submitted for signature to a representative on-site, our employees are entitled to confirm instead. Objections concerning confirmed hours by our employees need to be claimed in writing, within eight days after invoicing and with verifiable reason.
(7) The agreed hourly rates are based on a 9-hour work day. To the extent that there is a change, we reserve the right to adjust the hourly rates. A surcharge will be calculated on the internal price in case of overtime, which is over the agreed working hours and working hours on Sundays and public holidays, evening and night-time work as well as with particular difficulties. Should more than one of the extra rates apply, the higher rate will be charged.
(8) Due to the confirmed time sheets, we create an invoice, which is due immediately and payable without any deduction. In the case of delayed payment, we charge interest on arrears at the rate of 3% above the bank rate. We reserve the right to assert claims for higher compensation in each case.
(9) The employees are not authorized to accept payments. The client is especially not allowed to pay wage payments or any other compensation in advance. Such payment shall not be recognized by us and cannot be utilized.
We only advocate for the proper selection of our leased employees.
We do not take responsibility for success of the action and for damage to the
working device or transferred work that our employees cause.
We also do not adhere for any damages, which are caused by our employees only during the occasion of the activity. Our liability is excluded, once the care for money, security paper or any other valuable items has been entrusted to the employee.
(11) Liability exists only if the damage is covered by the existing liability insurance (damages on persons up to € 2.500.000,00, material damages up to € 2.500.000,00, financial losses up to € 50.000,00).
(12) In case the client does not violate from the agreement or all its obligations under the law and do not take care for the provision of security equipments as well as for compliance with safety requirements, fails to pay a due invoice or the like, he/she is liable to the employee for damages. In this case, our right to terminate the contract without notice and to divert our employees away remains unaffected by this.
(13) The exclusive court of jurisdiction for all disputes arising from and in relation to the exhibition contract shall be Laatzen, at our own discretion also the place of jurisdiction of the hirer, also expressly applies to all conflicts on respect of drafts, checks and processes involving documents.
become invalid, this shall not affect the validity of the remaining terms and
conditions. Such regulation shall apply as agreed that as equates as closely is
permissible to the intended purpose of the parties.
InterCris Messeagentur GmbH
Hildesheimer Straße 532
30880 Laatzen (GERMANY)
Phone: +49 (0) 5102 9384 - 0
Fax: +49 (0) 5102 9384 - 50