Terms & Conditions
I. OFFER, ORDER
- Our offers are always subject to change and in particular we are not obliged to accept orders.
- Insofar as the customer’s terms and conditions of purchase differ from our terms and conditions of sale and delivery, they shall not be recognised by us unless expressly agreed otherwise in writing. The customer tacitly acknowledges the exclusive validity of our terms and conditions of sale and delivery by accepting our order confirmation without contradiction, at the latest with the acceptance of the first delivery. If the customer, when placing the order or later, applies purchasing conditions that deviate from our terms and conditions of sale and delivery, our terms and conditions of sale and delivery shall be deemed to have been agreed irrespective of this.
- The customer’s rights from the supply contract are not transferable. The amendments or the legal invalidity of individual provisions of the supply contract shall not affect the legal validity of the remaining agreements. The contractual relationship shall be governed by Austrian law.
- Our prices are in Euro without value added tax for deliveries ex works excluding packaging, freight, postage, value insurance and other expenses.
- Invoicing shall be based on the price valid on the day of delivery. If the cost elements (material, wages, tax, social benefits, etc.) change during the term of delivery contracts, we reserve the right to increase the price accordingly.
III. DELIVERY – DELIVERY TIMES
- The delivery is made at the expense and risk of the customer. In the absence of any special instructions from the customer, we shall effect shipment by the best and cheapest means of shipment at our discretion. We are entitled to insure the dispatched goods against transport damage at the customer’s expense. However, there is no obligation on our part to insure the goods. Packaging shall be carried out according to customary professional and commercial practice; special packaging and replacement packaging shall be charged at cost price.
- Cases of force majeure, strikes, operational breakdowns, shortage of materials and all other circumstances which substantially impair the execution and delivery of accepted orders or make it completely impossible, entitle us, to the exclusion of any claims of the customer for damages or cancellation of the contract, depending on the circumstances, to reduce the scope of delivery, to postpone the delivery date or to withdraw completely from the contract.
- The customer may only withdraw from the purchase contract with our express written consent. In this case we are entitled to charge a cancellation fee of 20% of the order value. In the case of custom-made products produced at the customer’s request, withdrawal is not possible under any circumstances.
- More and short deliveries of up to 10% are permitted.
- The delivery periods shall commence on the day of acceptance of the order, but in the case of printing of the ordered goods, only on the day of presentation of the printing block by the customer.
- Partial deliveries are permitted. They are considered as self-contained transactions and may be invoiced accordingly.
- The delivery times stated in price lists or offers are not binding!
IV. RESERVATION OF WITHDRAWAL
- We are entitled to withdraw from a contract that has come into effect if events of force majeure occur, unsatisfactory information about the economic and personal creditworthiness of the customer is received or the customer files for bankruptcy or compensation proceedings after placing the order.
- If the customer is in arrears with the payment of an earlier delivery, we are entitled to withhold deliveries without being obliged to compensate for any damage that may arise.
- If the customer does not accept the goods on time due to his fault, we are entitled to claim damages and to withdraw from the contract.
V. TERMS OF PAYMENT
- The customer has only fulfilled his payment obligation in time and in full if we have received the full amount of our invoice on the due date without loss and at our free disposal.
- In the event of late or deferred payment, the customer shall pay interest on arrears at a rate of 7% above the prime rate of the Austrian National Bank. The customer is obliged to pay the expenses incurred by the non-fulfilment of his contractual obligation, in particular costs of legal intervention as well as possible inflation, immediately after they arise and are announced.
- If the customer is in default of payment, if his bills of exchange or cheques are protested or if it becomes known after conclusion of the delivery contract that the customer’s financial circumstances are unfavourable or deteriorate, we shall be entitled, without the customer being entitled to withdraw from the contract for this reason, to demand immediate cash payment of all outstanding invoices or the return of the delivered goods, and furthermore advance payment or provision of security for goods still to be delivered. If the customer does not comply with such an obligation, we are entitled to claim damages for non-performance without setting a deadline or to withdraw from the contract in whole or in part, charging the customer for the expenses we have incurred.
- The customer can only assert a right of retention or offsetting against counterclaims if the counterclaims have been recognised by us or have been legally established.
VI. RETENTION OF TITLE
- All goods delivered by us remain our property until all our claims arising from the current business relations have been paid in full. Clichés, even if they are paid for and ordered by the customer, become our property.
- Our customers may only resell the goods subject to our retention of title to third parties in their own name and in the course of proper, normal business transactions. The resale to customers who have excluded the assignment of the claim for payment directed against them is prohibited.
- In the event of resale of our goods subject to retention of title, their damage or loss, the customer hereby assigns to us in advance his claims against the purchaser and all other third parties (including the insurance company) arising from such resale. If our goods subject to retention of title are sold by the customer together with other goods not belonging to us at a total price, the assignment shall only be made to the amount of the value of our goods invoiced by us. The customer undertakes to provide us with information on the existence of the assigned claims and to surrender to us the documents necessary for their assertion.
- The customer agrees that we may resell II. choice goods (misprints) without the customer’s consent.
- The customer is solely responsible for checking the right to reproduce the artwork.
- The customer (principal) expressly agrees to the publication of the advertising balloons printed by us on our websites. A link to his website can be added on request.
VIII. WARRANTY AND LIABILITY
- The customer must check the goods delivered by us for completeness and quality immediately upon receipt. The customer must notify us in writing of any defects within 8 days of receipt. If the customer fails to notify us immediately, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. Such hidden defects can still be reported within 6 months of receipt of the goods. As balloon printing is not comparable with other printing processes, we do not accept any complaints regarding the printing quality.
- If our examination of allegedly defective goods shows that there is a manufacturing or material defect, we will, at our discretion, repair, replace and/or issue a credit note. If the repair fails, a replacement delivery is impossible or a credit note is not issued, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or cancellation of the contract (rescission) by mutual agreement.
- Claims for damages of any kind arising from the contract, impossibility of performance, positive violation of claims, culpa in contrahendo, delay and damages arising from defects against persons or material goods as well as ideal values of the customer are excluded both against us and against our vicarious agents and assistants, unless there is evidence of wilful intent or gross negligence.
IX. PLACE OF PERFORMANCE AND JURISDICTION
- Place of performance for deliveries and payments is Imst.
- Exclusive place of jurisdiction for any disputes arising from supply contracts with domestic customers is Imst.
- For any disputes arising from delivery contracts with foreign customers, the courts in Imst, Innsbruck, Vienna or the courts in the capital of the country in which the customer has his registered office or residence shall be competent at our discretion.
- Austrian law applies.