Terms and Conditions

General terms and conditions of business

1. General
By placing the order, the buyer accepts these conditions as exclusively authoritative. Any agreements to the contrary, unless made in writing and confirmed by us, are not binding for us. The possible invalidity of one of the agreed conditions does not affect the validity of the others.

2 offers
Our offers are subject to change and are valid for a maximum of 6 months.

3. Orders
A written confirmation of incoming orders will only be given if details of the order require express written confirmation. If there is neither an order confirmation nor a written statement on the order, the order is deemed to have been accepted.

4. Delivery dates
•) The delivery date is stated to the best of our knowledge and is not guaranteed. Agreed delivery times begin on the day of our order confirmation, but not before all execution details have been clarified. The delivery deadlines are deemed to have been met if the parts owed by us leave our factory at the agreed time or are made available by and at the delivery factory if you are in arrears with acceptance.

•) We will not be in default if delivery fails due to a circumstance for which we are not responsible. We are not responsible for events of force majeure, strikes and lockouts, accidents and all other causes that require a partial or complete cessation of work, such as material defects, lack of operating materials, transport difficulties, difficulties in the energy supply, operating materials of all kinds in our own company or in a supplier's company. In all these cases, we are entitled to postpone delivery to you for the duration of the hindrance. In all cases, however, we will immediately inform you of the beginning and expected end of such disruptions.

•) In the event of our delay in delivery, you must give us a reasonable grace period of at least 15 working days with the threat of rejection. After its fruitless expiry, you can only assert the right to withdrawal or compensation for the part of the scope of the contract that we have not fulfilled. However, you cannot claim loss of interest.

•) If you experience a significant deterioration in assets after the conclusion of the contract or if such deteriorations in assets only become known after the conclusion of the contract, we have the right to refuse our service and to demand that you eliminate the threat to the purpose of the contract by providing sufficient security. If you do not comply with the request for security within the reasonable deadline set by us, we are entitled to withdraw from the contract and/or demand compensation.

5. Reproductive rights
If a customer provides us with a finished and reproducible line drawing, then this drawing remains his property. Any other use is therefore excluded. However, films, printing plates, clichés, etc. are not handed over and therefore remain in our possession. If we have produced a final artwork based on a postcard or other template and the customer has been charged the usual proportionate final artwork, repro and printing block costs, then the customer retains the exclusive right to dispose of it as long as he orders finished items from us. This right of disposal expires if the customer has not ordered anything for 18 months. There will be no reimbursement of the calculated proportionate costs. An investigation or responsibility for whether drafts, sketches and templates delivered to the university violate certain copyrights, trademarks or utility models filed with the courts is rejected and cannot therefore be assumed by us. The responsibility for this lies exclusively with the purchaser.

6. Proofs and approval samples
The release of submitted proofs or proof samples releases the supplier from any responsibility for the accuracy of the products manufactured according to these documents. The supplier also assumes no responsibility for errors that arise in the order, in submitted documents or due to unclear and incomplete information.

7. Packaging
We will invoice the costs for packaging.

8. Payment Terms
Our invoices are payable within 14 days with a 2% discount or 30 days net cash. For new customers, we only deliver against security of payment (advance payment, cash on delivery, etc.). We only accept bills of exchange based on special agreements and only as payment. The purchaser bears all costs associated with the bills of exchange. We are not liable for the timeliness of the protest. If the agreed payment deadline is not met, we reserve the right to charge interest on arrears amounting to 2% above the respective discount rate, without the need for a special notice of default.

9. Retention of title
The goods remain our property until full payment. The purchaser is entitled to resell the goods that are our property (reserved goods) in the ordinary course of business. However, he hereby assigns to us all claims arising from this resale, regardless of whether the reserved goods are resold without or after processing, or whether or not they are connected to real estate or movable property. The customer is authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected, but we do not undertake to do this as long as the customer properly meets his payment obligations. If the customer makes use of the collection authority, we are entitled to the collected proceeds in the amount of the delivery price for the reserved goods agreed between the customer and us.

10. Tools
•)If we produce tools and/or devices required for production based on drawings and/or other design templates you have provided to us, we will claim a share in the manufacturing costs (tool cost share), which we will inform you of during the contract negotiations and after approval of the tool. The tool cost shares are with the release of the first contractual delivery of this tool. Regardless of your share of the costs, we remain the owner of the tool, which we use solely for deliveries to you; unless you allow us to use it for other customers upon request in writing.

•) We undertake to keep the tools for you for one year after the last delivery. If you inform us before this deadline that you will be placing orders within another year, we are obliged to store them for the period specified by you. Otherwise we can freely dispose of the tools.

11. Warranty
The purchaser must report any defects in writing immediately, at the latest within 10 days of receipt of the goods. Insignificant or minor defects in the material, surface or color, which are due to the nature of the production, do not give rise to a complaint as long as they are not visible to the naked eye from a distance of approx. 60 cm during a quick inspection under normal lighting conditions and do not affect the overall appearance of the product Do not affect the product in a way that reduces sales. Liability for hidden defects is also excluded 6 months after delivery. If complaints are made in a timely and justified manner and the defective parts are returned, the supplier is free to either deliver a replacement, repair the item free of charge or issue a credit note. Additional claims are excluded. The customer can only cancel the purchase contract or reduce the purchase price if a possible replacement delivery fails or an individual improvement is not successful. The purchaser is not entitled to compensation for damages of any kind, including loss of profit, which are directly or indirectly attributable to the defects. The customer is not entitled to charge the supplier for the costs of the testing work.

12. Withdrawal
We are entitled to withdraw from the contract in whole or in part if the customer is in default of acceptance or has financial difficulties, in particular if a court settlement or bankruptcy proceedings are opened against his assets. In the event of withdrawal, the purchaser is not entitled to any claims for damages against us.

13. Prices
•) Our prices in offers and order confirmations are in EURO ex works, excluding the respective statutory sales tax and excluding packaging.

(2) Subsequent reductions in the order quantities and/or the reduction of agreed call-offs entitled us to appropriate increases in the agreed unit prices and also the agreed share of tool costs. Our prices are based on the currently usual calculation factors. If the calculation basis for call-off orders changes permanently, we are entitled to adjust the agreed unit prices to these cost changes at our reasonable discretion.

14. Contract orders
•) If we carry out contract work and you provide us with or deliver materials, material parts, semi-finished products or tool devices for these or other orders, these items will be processed, handled and stored by us with care and conscientiousness. We are only obliged to test your suitability for the intended purpose if this has been expressly agreed with you and you bear any test costs that may arise.

•) If parts become unusable due to defects in the material, you must reimburse us for the corresponding processing costs.

•) If parts become unusable due to errors during processing, we will carry out the same work on a new piece to be sent freight prepaid without charge. You must accept exclusion of up to 5% of the total amount.

15. Liability
Unless otherwise agreed in these terms and conditions, the purchaser is not entitled to any claims against us or our vicarious agents and vicarious agents, regardless of the legal basis, due to violation of contractual, pre-contractual or statutory obligations, unless the violation of these obligations is due to intent or gross negligence negligence is based.

16. Place of fulfillment and jurisdiction
The place of jurisdiction for all disputes arising from or related to this contract is the local court responsible for Vienna. This also applies to check or bill of exchange lawsuits. However, we are also entitled to file a lawsuit with the domestic or foreign court responsible for the purchaser.

17. Applicable Law
Only Austrian law. The UN Convention on Contracts for the International Sale of Goods is excluded. Place of performance and place of jurisdiction is Vienna.

18. Data storage for commercial purposes
We are entitled to store every email address of our customers and companies or people with whom we work and to keep them for at least 7 years and to use them for advertising purposes without having to accept legal consequences.

19. Severability clause
The ineffectiveness of individual provisions of these terms and conditions does not affect the validity of the remainder of the contract. Should a clause be or become invalid or unenforceable, both parties undertake to replace it with a legally permissible, effective and enforceable clause that comes closest to the economic intent of the provision to be replaced.