Terms and Conditions of Trade
of Gradinger Werbegestaltungs GmbH
These Terms and Conditions shall be deemed to be incorporated in contracts between the Client and the Contractor Gradinger Werbegestaltungs GmbH and shall apply to all estimates made and services rendered by the Contractor and are deemed to be legally binding for both parties. Unless agreed otherwise in writing, our estimates are made without obligation.
he contract is only deemed valid after written confirmation of the order has been sent. All deliveries and services rendered by the company Gradinger Werbegestaltungs GmbH arising from orders by fax, orally by telephone, in writing by post or online orders via the Internet or other online services are subject to these terms and conditions of trade.
Differing or supplementary agreements require the express consent of the company Gradinger Werbegestaltungs GmbH. The company Gradinger Werbegestaltungs GmbH reserves the right to confirm special agreements solely in writing.
Should the Client not accept or only partly accept these conditions of sale and delivery, we reserve the right to withdraw from the sale and the Client foregoes his claims to compensation.
Estimate of costs:
The estimate of costs is made to the best of our expert knowledge. However, liability cannot be accepted for the accuracy of the estimate of costs. Should a rise in costs of over 15 % arise after the placing of the order, the Contractor will inform the client immediately. In the case of costs rising up to 15 % the Contractor is not bound to inform the Client and these costs can be invoiced without notice being given.
Changes to the order or extra orders:
Providing there has been no prior agreement to the contrary, changes to the order or extra orders may be invoiced at a reasonable price.
Terms of payment and delivery:
Providing there has been no prior agreement to the contrary, the prices stated in the offer or the order form apply. All prices stated include Value Added Tax for the end user and exclude Value Added Tax for the Contractor. We reserve the right to alter prices. Payments invoiced by the company Gradinger Werbegestaltungs GmbH are to be met without deduction within 8 days of the invoice date. In cases where payment is delayed the company Gradinger Werbegestaltungs GmbH reserves the right to charge interest at a rate of 13% of the value of the order, plus postage charges including 20 % Added Value Tax, reminder fees (of a minimum of 4 EUROS) and, where prosecution is required, debt recovery expenses and legal expenses.
Additionally, further services agreed in writing with the Client can be refused until full payment is received. Furthermore, losses, particularly losses incurred through higher interest rates on our credit accounts due to non-payment by the Client, are to be recovered by the Client, irrespective of what caused the delay in payment.
Delivered goods remain the property of the company Gradinger Werbegestaltungs GmbH until full payment has been received. A confirmed delivery date is deemed to be binding when the readiness to deliver has been communicated to the Client by the Contractor. We are not liable to pay compensation or meet other claims if the promise to deliver by a certain date cannot be fulfilled due to a delay or an error on the part of our suppliers or due to an error on our part that cannot be deemed to be grossly negligent at the very least. In the event of an Act of God, measures undertaken by authorities, missing documents or specifications or other circumstances beyond our control the confirmed delivery date will automatically be postponed by the amount of time equivalent to the duration of these circumstances. All recourse to claims with open demands of the Firma Gradinger Werbegestaltungs GmbH and the withholding of payments due to defects claimed by the Client but not acknowledged by the Contractor are excluded.
Orders:
Orders are binding. Orders are taken by the company Gradinger Werbegestaltungs GmbH under the terms of these General Terms and Condition of Trade after receipt of written confirmation of the order in person, by fax or orally by telephone, in writing by post or in the case of online orders over the Internet or other online services. In the case of orders received by email we do not accept liability for the transfer or for the accuracy of data received. Ancilliary verbal agreements or agreed special terms require written confirmation to come into effect. Upon the client’s forwarding of written confirmation of the order the order becomes binding for the Client, i.e. the price agreed for our services is due. Should the Client withdraw from the contract due to reasons for which the company Gradinger Werbegestaltungs GmbH is not responsible, then the Client is deemed to have agreed to payment of a fee equivalent to the amount of the costs incurred by the company Gradinger Werbegestaltungs GmbH, corresponding to a minimum of 20% of the net value of the order.
Transport and risk of loss:
Our sales prices do not include the cost of delivery, fitting or assembly. If required, we can provide these services at an extra cost. In the event of default of acceptance, we reserve the right to store the goods on our premises, to charge a storage fee of 36 Euros per calendar day and to insist on fulfilment of the contract or, after setting an appropriate deadline, to withdraw from the contract and use the goods in any way we see fit; in this case a penalty payment of 20 % of the invoiced amount applies.
Warranty and liability:
The goods and services (such as signage, windshield wraps, promotional graphics, creative and fitting studio) are to be inspected immediately after delivery. Any defects discovered are to be reported to the contractor immediately, with clear statement of the type and extent of the defect. Hidden defects are to be reported immediately they have been discovered. If defects are not specified or not specified in writing within the period stipulated, the goods shall be deemed to have been accepted, in which case no warranty claims or claims for compensation or avoidance on account of mistake shall be recognized. The existence of a defect does not entitle the Client to remove the defect him or herself or have it removed by third parties; the Contractor is to be given the opportunity to rectify the defect within a reasonable timeframe. If the defect can be rectified, the warranty will be met through rectifying of the defect at no extra cost within a reasonable timeframe. The method of rectification lies at the Contractor’s discretion and may include replacement of the faulty item within a reasonable timeframe. In such cases the Client is not entitled to a refund or discount.
Compensation:
The Client is not entitled to compensation in cases of slight negligence. The aggrieved party must prove the existence of gross negligence. Any damages the Client may assert against us forfeit within 3 years of rendering of the service or delivery of the goods.
Product liabilty:
Outside the scope of the Product Liability Act iSd PHG, we are liable only if the damage in question is proved to be due to intentional acts or acts of gross negligence on our part, within the limits of statutory provisions.
In the event that a vehicle or other object with signage or wrapping must for want of a lack of any other viable technical solution be cut with a cutter, we do not accept liability for damage caused to clear lacquer or any other foundation material. An exception are vehicles that develop corrosion through negligent and excessively deep cutting.
Further, we accept no liability should the Client insist on a wrap or signage being applied to the roof and in the course of the application or removal of the wrap or signage bumps or dents are created (due to the vehicle’s materials).
In the event of damage being caused to paintwork during the removal of signage or wraps from a vehicle, which is normally not the case with original paintwork but can occur with repainting of any kind, we do not accept liability.
All parking of vehicles in front of the building of the company Gradinger is at the owner’s risk! The company Gradinger accepts no liability for theft or damage by third parties. Use of the car park is at the Client’s or visitor’s own risk.
Right to withdrawal according to remote sales law:
“Clients or customers who are consumers according to the consumer protection laws can withdraw from a remote sales contract (or a contract declaration made at a distance) within 7 working days. The rescinding period begins the day the contract is signed, whereby Saturdays do not count as working days. For consumer customers from Germany we grant the right to withdraw within 14 days from the signing of the contract. It suffices to send the declaration of withdrawal within the rescinding period without stating reasons for the withdrawal. Right to withdrawal does not apply however if in accordance with an agreement service has commenced within the rescinding period.
Links to our homepage (E-Commerce Laws)
The company Gradinger Werbegestaltungs GmbH accepts no liability for the content of external sites and electronic messages which are linked with our homepages.
Data protection:
The Client agrees that personal data (customer data) provided to the company Gradinger Werbegestaltungs GmbH for the purposes of the business transaction may be stored and used in the future exclusively for contacting the Client. The data will only be used for internal purposes and will not be passed on to third parties. The Client can unsubscribe from our news service by email by sending an email with the subject line “unsubscribe” containing the Client’s email address to the email address office@folie-gradinger.at
Place of performance and jurisdiction:
Austrian substantive law applies, under the exclusion of UN sales rights. The language of the contract shall be German. The place of performance for delivery from the factory, for delivery from our warehouse and for payments is Gradinger Werbegestalungs GmbH, 2345 Brunn/Gebirge, Industriestraße B16 and 7221 Marz, Kirchenäcker 18. The place of jurisdiction for all legal disputes is Eisenstadt.
