General Terms and Conditions
1. Scope of application
The Contractor shall only work in accordance with these Terms and Conditions; this shall also apply to order extensions and follow-up orders. Deviating agreements, in particular contradictory terms and conditions and supplements, require our written consent.
2. Cost estimates
Cost estimates for the sale of goods or for fixed installations are only prepared at the customer’s request and are subject to a charge and will be credited upon conclusion of the contract. Cost estimates for events are provided free of charge up to a customary scope. We reserve the right to charge separately for additional services such as the preparation of documents, e.g. plans or visualisations, as well as costs for above-average planning expenses.
3. Rental offer, conclusion of contract
Our offer is subject to change and non-binding, unless we have expressly agreed otherwise in writing. The contractual relationship shall only become legally effective for us upon written confirmation or upon our commencement of execution or work. Until then, we reserve the right to reject incoming orders – even without giving reasons – whereby in this case any liability for costs and compensation is excluded. In all cases in which we are prevented from delivering on time through no fault of our own, we shall be released from the obligation to deliver.
Contracts or orders placed with us by the customer which are not preceded by a written offer to the same effect shall require confirmation of the order by the contractor in order for a contract to be concluded.
4. Provision, contract term, provision
Unless otherwise agreed, the delivery of equipment, installation on site, dismantling and return delivery to our warehouse are not included in the contract price. These services shall entitle us to charge an additional fee.
The rental period begins on the day of collection/delivery and ends on the day of return to our warehouse. A daily rental price refers to a rental period of 24 hours. Partial days are charged as full days. Collection and return can only take place during normal business hours and only to or by our employees. Unsuccessful return attempts outside of business hours shall not terminate the chargeable rental period.
The contractual partner shall be liable for any damage incurred by us as a result of the return date being exceeded, including any loss of profit. In addition, the contractual partner must pay 1.5 times the value of the proportion calculated from the contract sum per day for each day the deadline is exceeded.
5. Changes to services and additional services
For additional or modified services ordered by the client or its representative which are not covered by the order placed, the client shall be entitled to reasonable remuneration.
The Contractor reserves the right to make minor technical changes that are reasonable for the Client. Rental items shall only be made available for the agreed purpose and period. Subletting is not permitted. An extension of the rental period requires the consent of the lessor.
With regard to the flawless condition of the rental object, the Lessee shall be obliged to inspect and give notice of defects immediately upon receipt; failure to do so shall be deemed to confirm the absence of defects. The same applies if the Lessor takes back the item.
6. Data, documents and materials of the client
All data, documents and materials provided by the client must be in a condition suitable for the service.
The Contractor shall not be liable for any data lost or damaged in the course of the work performed. Furthermore, the Contractor shall not be liable for data backup, which is the responsibility of the Client. The Contractor shall not check the correct licensing of programmes provided by the Client and therefore cannot be held liable for any failure to obtain licences. In the course of carrying out work, the Contractor shall pay particular attention to the relevant provisions of the Data Protection Act (observance of data secrecy, duty of confidentiality).
7. Terms of delivery
All prices for materials and services are ex works, 5081 Anif. Freight costs will be added to the invoice for deliveries by transport companies (e.g. parcel service). For deliveries or services by trained personnel, the client will be charged a flat rate for travelling costs corresponding to the distance.
8. Terms of payment
Unless otherwise agreed, the invoice amount is due within 14 days of the invoice date without any deductions.
If the due date is exceeded, default interest in accordance with the statutory provisions and reminder fees of € 11.00 will be charged.
If the Contractor becomes aware of circumstances relating to the Client’s inability to pay after the contract has been concluded, it shall be entitled to withdraw from the contract and to invoice any services already rendered immediately. The offsetting of the Client’s claims against those of the Contractor is excluded unless the Contractor has become insolvent or the Contractor’s counterclaim is legally related to its liability arising from the order, has been established by a court or has been recognised by the Contractor. In the event of default or delay in payment by the contractual partner, any discount granted by us on the normal prices according to our price lists shall lapse and the amount subsequently invoiced by us in this respect shall be due for payment immediately.
The collection, discount charges and chargeback costs shall be borne by the debtor. The lessor reserves the right to refuse delivery in the event of late payment or to take back rented items that have already been delivered.
From a gross order amount of € 4,000, – a payment on account of 50% of the gross order amount must be received by our account from the client at least 7 days before the start of the order.
9. Retention of title and right of retention
All goods delivered shall remain the property of the Contractor until payment has been made in full. If the Customer is in default of payment, the Contractor shall be entitled to dismantle and/or otherwise take back the goods and equipment to which it retains title without this being equivalent to cancellation of the contract. In the event of default of payment, the Contractor shall be entitled to the right of retention of goods and equipment of the Customer which are in the Contractor’s possession to the corresponding equivalent value.
10. Liability & warranty
The Contractor shall not be liable for damage caused by equipment provided by it to facilities, other equipment or persons, in particular if this is caused by improper handling or storage. The Contractor shall be liable for damage, insofar as it is at fault, within the scope of the statutory provisions. Liability for slight negligence is excluded. Compensation for consequential damage and financial loss, loss of profit and damage arising from third-party claims against the Contractor is excluded to the extent permitted by law. The Contractor shall never be liable for errors in programmes or operating systems. Unless otherwise agreed, the relevant statutory provisions shall apply to the warranty. Any additional warranty must be agreed in writing. The warranty period shall commence upon handover to the Client or, in the event of failure to do so, upon invoicing at the latest. However, if the client is already using the service before it is handed over, the warranty period shall commence from this point in time. The warranty and product liability shall lapse in any case if the delivered goods or services have been processed and/or modified by third parties or by the client itself. The breaking of guarantee seals shall also result in the cancellation of the warranty and product liability claims of the client.
11. Special provisions for rental equipment and technology & duty of care
The applicable hourly rate will be charged for set-up and dismantling, adjustment work, cabling and the supervision of events by technicians. The hirer is obliged to treat the hired equipment with particular care. The equipment may only be set up, operated and dismantled by qualified personnel and must be used correctly and for its intended purpose. The hirer shall be liable for all damage caused to rental equipment and technology from the time of collection or the start of provision until it is returned and which goes beyond the normal wear and tear of rental equipment, irrespective of whether or not the hirer is at fault (e.g. theft, burglary, misappropriation, fire, forces of nature, wilful destruction or damage by third parties, etc.). The hirer is obliged to take out adequate insurance cover against the aforementioned incidents. The contractual partner is responsible for ensuring that the power supply to the facilities is uninterrupted and that all applicable safety guidelines are observed.
Any liability on our part for consequences resulting from improper handling is excluded. Our specialised personnel shall not assume any guarding, securing or storage functions on site. For used, defective or lost accessories, e.g. lamps, the contractual partner must reimburse the replacement value.
Any transfer of the equipment to third parties is prohibited.
It is expressly agreed between the lessor and the lessee that the rental agreement relates only to equipment. The hirer shall be responsible for obtaining copyright authorisations and any necessary permits. This applies to all related questions concerning the use of the rental equipment.
In the event of technical defects during the rental period, we will provide a repair service as quickly as possible or provide a replacement device. However, the lessor is also free to terminate the rental relationship at this point in time.
Claims for damages cannot be asserted.
12. Cancellation conditions
If the client cancels an order, the following deadlines and fees apply:
up to 20 calendar days before delivery date no cancellation fee
20 to 10 calendar days before order start/delivery date 30% of the order volume (excl. working time)
9 to 4 calendar days before the start of the order/delivery date 50% of the order volume (excl. working time)
3 to 1 calendar day before order start/delivery date 100% of the order volume (incl. labour time)
13. Severability clause
If at any time any provision or part of any provision of these Terms of Use shall be unlawful, void or unenforceable under the laws of any jurisdiction, this shall not affect the legality, validity or enforceability of the remaining provisions of these Terms of Use or any other jurisdiction.
14. Place of jurisdiction
The competent court in the city of Salzburg is agreed as the place of jurisdiction.
15. Changes
Any agreements deviating from these General Terms and Conditions must be made in writing.
16. Validity
Austrian law shall apply.
Should parts of these General Terms and Conditions become invalid, this shall not affect the validity of the other parts.
