Conditions
General terms and conditions of business
of SigMA Werbetechnik GmbH
As of May 1, 2022
- Validity of the General Terms and Conditions (GTC)
For all current and future business transactions
the
SigMA Werbetechnik GmbH, Dr. Schärf Straße 2, A- 4470 Enns, FN
164502s (hereinafter referred to as “ contractor ”) apply exclusively
the following terms and conditions; they are also for all future transactions
binding, even if not expressly referred to
becomes.
Regulations that deviate from or supplement these General Terms and Conditions –
in particular general terms and conditions of business or purchasing
Contractual partner of the contractor (hereinafter briefly
“ Client ”) – will only become part of the contract if this
has been expressly confirmed in writing by the contractor.
- Offers and conclusion of contract
Offers from the contractor are only made in writing
issued and are non-binding.
On orders from the client, the client is responsible for one
Bound for a period of 3 weeks. The client can then
by setting a grace period of at least 1 week from his
Withdraw the order offer by means of a written declaration. The
The contractor reserves the right to examine the order in any way
respect. The respective contract is therefore only valid once a contract has been submitted
written order confirmation from the contractor
closed.
Order confirmations sent by the contractor are dated
Customer must check immediately and apply in the event of a lack
written objection within 7 days of delivery
Order confirmation recognized as correct and complete.
III. Prices and payment terms
Pricing is generally not a flat rate
understand. Prices are exclusive of sales tax and others
public charges and fees.
Invoices are due for payment immediately without any discounts.
For services ordered by the client, which are in
If no cover is found in the original order, you are entitled to it
appropriate remuneration. The same applies to exceeding the
Offers that are caused by changes made by the client.
These are deemed to have been approved by the client, even if none
Notification by the contractor is made and is
to be compensated appropriately.
If the client agrees with an agreed (partial) payment
If default occurs, the contractor is entitled to charge default interest
Calculate the amount of 8% pa. The assertion of one
Further damage caused by delay remains unaffected.
In the event of late payment, the contractor is also entitled to:
Total remuneration or the total outstanding claims for
services already provided must be made due, provided that
the outstanding payment has been due for at least six weeks and
Contractor the client under threat of default
and with a grace period of at least 2 weeks
unsuccessfully warned. In addition, the contractor is also
entitled to the further fulfillment of all existing obligations
To refrain from legal transactions if the client
in default of any obligation towards the contractor
device. The contractor is only then allowed to continue
Obligated to provide services if the client is independent of the
all fees for the original contractual due date
Services provided are paid for by the contractor and for
the contractor's outstanding services are the entirety of what was agreed
Fee has been paid in advance.
All expenses caused by late payment as well
Dunning and collection costs (particularly the remuneration of the
the debt collection agency involved, which results from the VO of the BMwA
above the maximum rates of the debt collection agencies
arise or if the contractor handles the dunning process himself
operates €12.00 per reminder issued and €6.00 per half-year
for maintaining evidence of the guilt relationship) including the
The client must bear legal assistance costs.
- Danger and risk
Danger and risk begin when the goods are dispatched or handed over
to the transporter or to the client. Became
If you have not expressly chosen a specific shipping method, then
Any shipping method chosen by the contractor is deemed to be valid
approved.
If shipping is delayed due to circumstances attributable to the contractor
is not responsible, then danger and risk pass on the day of
Readiness for dispatch passes to the client. the contractor
is not liable for the selection of the transport company or for the
Carrying out the transport. Upon written request and on
The contractor will ship the shipment at the client's expense
against theft, breakage, transport, fire and water damage
as well as insure against other desired insurable risks
let.
- Plans, drawings and other documents
Physically provided by the contractor or
documents made available electronically, such as in particular
Plans, photographs, samples and other documents remain intellectual
Property of the contractor. Any use, especially that
Distribution, reproduction and publication by the
Client requires express written consent
of the contractor.
The documents issued by the contractor can be from
Contractor reclaimed if an order is not placed
become.
Insofar as the contractor is required to prepare an offer from the
The client provides planning and development services
If an order is not placed, this will be compensated by an appropriate fee
to be rewarded. Planning and planning services are free of charge
Development services must be agreed in writing.
- Copy and reproduction rights
The client is liable for advertising, copyright, trademark and
competition law harmlessness of what he delivers
Print templates, images, content and the like.
Without express written notice from the client
the contractor therefore assumes that the client
about the execution of the contract in question
has the necessary copying and reproduction rights.
Are due to failure to inform the execution
of the order, third-party rights, in particular third-party copyrights
violated, the client is solely liable for this and is obliged to
to indemnify the contractor from all third-party claims, as well as
indemnify and hold harmless the contractor in the event of any legal disputes arising
to keep without complaint.
The client transfers by transmitting his
Print templates, logos, images, content or the like to
Contractor all existing rights to this content
(in particular copyright and/or ancillary copyrights as well
similar rights) non-exclusively to the contractor. In the case,
that a transfer of rights is based on mandatory legal requirements
If the specifications are not possible, the client agrees to this
Contractor on this content is non-exclusive, factual and
spatially and temporally unlimited right to use the same
any species known today or that will become known in the future.
This particularly includes the right to edit content
reproduce, distribute, rent or lend through
To broadcast on the radio, to play it back publicly or something like that
to make them available to members of the public at will
are accessible. This also includes the right to share the content with others
to combine services and/or works and to supplement them
or to process it in any other way. Those mentioned above
Rights also apply in particular to these edited ones
(modified) versions that the contractor is entitled to
for reference and other purposes.
The client expressly waives this for himself and at most
Third parties involved in the creation of this content have the right to do so
Attribution. All permissions listed above
The contractor is entitled to do so even after completion of the contract
respective order without the client having any claims,
in particular on remuneration.
The contractor is entitled to receive from the client
granted rights in whole or in part to third parties
transfer or third parties the right to use the work or
To grant work use permits where necessary
is to fulfill the order.
VII. Retention of title
The contractor reserves all goods delivered until
full fulfillment of all liabilities (including interest and
any collection costs) on the part of the client
right of ownership. The retention of title to already paid
Goods remain as security until all payments have been made
other claims of the contractor.
Authorized in the event that retention of title is asserted
the client already has possession of the contractor
To withdraw goods without legal assistance and grants him this
For this purpose, you have free access to your goods at any time.
A resale of the reserved goods by the client
is only possible with the express written consent of the
Contractors permitted. The purchase price requirement applies in this case
already now up to the amount to which the contractor is entitled
Purchase price claim including interest and costs to the contractor
assigned and the contractor is entitled to the assignment
to disclose the claim.
If the client defaults on payment or is liable to do so
Contractor circumstances regarding the insolvency of the contractor
known about the client or his poor economic situation,
The contractor is entitled to retain title within his rights
to dismantle standing goods or devices and/or
to be taken back without this being tantamount to withdrawal from the contract
is to be set.
If there is a seizure or other claim by third parties
If this is done by the client, the latter must pass this on to the contractor
communicate immediately and the property rights of the
to demonstrably secure the contractor's ownership of the reserved item.
VIII. Performance deadlines and performance
The service deadlines and dates will be determined by the contractor
Possibility complied with. Unless expressly stated otherwise, they are
agreed, non-binding and always understood as
expected date of completion. From the client
Any fixed dates set will be set by the contractor
not recognized unless these are expressly and
confirmed in writing as a fixed date.
Becomes the beginning of the performance or execution
delayed and this delay was not caused by the contractor
If you are at fault, agreed performance deadlines or
Completion dates extended accordingly or
pushed out. This does not affect the right of the
The client to withdraw from the contract in the event of delays
make binding to the contract unreasonable.
If the service is provided by someone who is not within the sphere of
The contractor's delay is impossible or unreasonable,
The contractor can withdraw from the contract without this
The client has a claim for damages. The
In this case, the contractor retains his claim to payment
all services actually provided up to the point of withdrawal.
A withdrawal from the contract by the client due to performance issues
or delay in delivery is only possible if an appropriate amount is set
– at least 14 days – grace period possible. Withdrawal is by means of
registered letter. The right of withdrawal
refers only to the service or delivery part
whose default is present. Should come from one of the contractor
Damage caused by delay in performance or delivery, consequential damage
or loss of profit, replacement is easier
Negligence of the contractor is excluded.
If a time is determined for the provision of the work
the client is not entitled to do so without express consent
written consent of the contractor the time of performance
to postpone. However, if the contractor does so
If he agrees to the postponement, he is entitled to the wages for the work - if
justified – adjust accordingly.
If the client defaults on acceptance, the contractor is responsible
entitled to demand payment for services rendered and
to withdraw from the contract after a reasonable grace period.
In the event of the client's consent to the revocation
Order despite ongoing commitment by the contractor
this entitles you to a no-fault and not the
contractual penalty subject to judicial moderation
of 30% of the order value plus VAT without proof of this
to demand actual damages from the client. The
Claims for higher damages remain unaffected.
Unless total delivery has been expressly agreed, the
Contractor is entitled to deliver in parts
to carry out and submit partial invoices.
- Warranty and liability
The contractor's warranty is exclusively for
expressly guaranteed properties of its products/works
and usually required properties are not achieved
however, for the suitability of the trade/product for certain purposes
of the client.
The obligation to report defects in accordance with Section 377 of the German Commercial Code (UGB) applies to entrepreneurs.
In the event of any other loss of claim, the client has every delivery
and service immediately, but no later than within 14 days
Check delivery or service for visible defects and
Any defects identified should also be detailed in writing
immediately, to complain.
The warranty period is for the services of
Contractor towards entrepreneurs 6 months from delivery
and begins with the handover of the goods to the client.
Prolong replacement deliveries or remedy defects
or do not interrupt the warranty period.
Recourse claims according to § 933b ABGB against the contractor
are excluded. The assertion of defects is justified
the client does not have the right to plead that the contract has not been fulfilled and
for changes to payment terms.
The existence of defects must be proven by the client. §
924 ABGB does not apply.
The client is obliged to provide immediate notice
To enable the contractor to identify defects
In the event of a warranty, the contractor is entitled to:
Type of warranty (improvement, replacement, price reduction
or change) to determine for yourself. The improvement takes place after
Choice of contractor at the place of delivery or at the registered office
contractor.
The contractor is eligible for compensation in all cases
future cases only in the case of intent or gross negligence
negligent. In the event of slight negligence, he is liable
Contractor exclusively for personal injuries. For indirect
Damages, lost profits, loss of interest, omission
He is liable for savings, consequential and financial losses
Contractor not. The contractor's liability expires in 6
months from the client becoming aware of the damage and
Damage, but at least within 3 years from complete
Performance.
The client is responsible for any fault on the part of the contractor
to prove.
The exclusion of liability also includes claims against
Employees, representatives and vicarious agents of the contractor,
due to damage caused to the client - without
Reference to a contract on your part with the client.
If, in whatever case, a penalty is borne by the
If the contractor has agreed, this is subject to judicial review
Right of moderation and the assertion of penalties
Any additional compensation is excluded.
Any legitimate claims for compensation by the client
are in any case with the value of the order sum of the respective
Order limited.
- Prohibition of offsetting and retention
The client can object to the contractor's claims
only with judicially determined or expressly written
offsetting recognized claims. Incidentally, that is
Compensation excluded.
The client is not entitled to make payments with reference to
Guarantee, warranty or compensation claims
to hold back.
- Consumer stores
If the client is a consumer in the sense
of the KSchG, the provisions of these General Terms and Conditions apply only
insofar as they do not comply with the mandatory provisions of the KSchG
contradict its current version.
XII. Place of jurisdiction and applicable law
For all disputes arising from legal transactions between
Contractor and the client including disputes
about the conclusion, the legal validity, the change and the
Termination of these legal transactions becomes the exclusive
Jurisdiction of the relevant court for 4470 Enns/Upper Austria
agreed.
Austrian law applies to the exclusion of
Referral norms of Austrian conflict of laws law and the
UN Convention on Contracts for the International Sale of Goods as agreed.
XIII. Severability clause
If one or more points of these terms and conditions are ineffective or
the other points remain unaffected. Instead of
legally ineffective point is deemed to be agreed upon
is legally effective and the economic purpose of the ineffective
closest to the point.