GTC
General Terms and Conditions (GTC) for customers of Kahmann- Frilla Lichtwerbung GmbH, 3033 Altlengbach, Außerfurth 24, described as "Kahmann" for short.
1. Area of application
1.1 All offers, deliveries, services and work performed by Kahmann,
are made solely on the basis of these General Terms and Conditions (GTC) as subsequently amended at the time.
1.2 Any terms and conditions of the contractual partner that conflict with the GTC are hereby waived, which shall also apply in the future.
1.3 Deviations from the GTC must be explicitly authorized in writing by Kahmann in order to be legally binding in all cases.
2. Offer
2.1 Offers made by Kahmann shall be regarded as subject to change.
2.2 All offer and project documents are factual and intellectual property of Kahmann and are to be treated strictly confidential.
2.3. Our offers are prepared on the basis of the total award of all offered positions.
If individual items or groups of services are assigned elsewhere, we are authorized to recalculate the individual prices.
3. Conclusion of contract
3.1 The contract shall be deemed concluded when Kahmann has sent a written order confirmation or a delivery after receival of the order.
3.2 The information contained in catalogs, brochures and comparable documents as well as further written or verbal statements shall only be authoritative,
if they are expressly referred to in the order confirmation.
3.3 Any subsequent amendments and extensions to the contract must be confirmed in writing by Kahmann in order to be legally binding.
The contract partner is obliged to check the order confirmation at once upon receipt. If the order confirmation deviates from the
order, it shall be deemed to have been accepted by the contract partner, unless they notify us of a deviation within 3 days by registered letter.
4. Prices
4.1 The prices apply ex works or ex warehouse Kahmanns excluding value added tax, packaging, loading, disassembly, return and
proper use and disposal of waste electrical and electronic equipment for commercial purposes within the meaning of the Ordinance on Waste Electrical Equipment.
If fees, taxes or other charges are levied in connection with the delivery, then these shall be covered by the contract partner.
If the contract provides for delivery, it will be charged separately, as well as any transport insurance requested by the contract partner,
however, this does not include unloading and transfer. The packaging will only be taken back after explicit agreement.
4.2 In case of an order deviating from the total offer, Kahmann reserves the right to change the price accordingly.
4.3 Prices are based on costs at the time of the initial price quotation.
In the event that the purchase costs should increase by the time of delivery, Kahmann is entitled to adjust the prices accordingly.
4.4 In the case of repair work, the services identified by Kahmann as expedient shall be provided and invoiced on the basis of the expenditure incurred.
This shall also apply to services and additional services whose expediency only becomes apparent during the execution of the order,
in which case no special notification to the contract partner is to be provided.
4.5 The expenses for the preparation of repair offers or for appraisals will be charged to the contract partner.
5. Illuminated signage systems in relation to the legal framework conditions
Signage installations with illumination are installations in the road space that are not related to traffic and have a visual impact.
They are subject to the StVO 1960-§35/§82/§84 and the RVS 05.06.12/RVS 05.06.11.
For the use of roads, including the airspace above them, a permit ( official notice) is mandatory for illuminated advertising installations,
in case of road safety requirements and if the illumination may interfere with the attentiveness of drivers.
The RVS specifies the criteria to be reviewed in relation to a proposed advertising sign location.
The authority for and responsibility for legally compliant operation of an illuminated advertising system lies with the owner.
Any responsibility on the part of Kahmann is excluded. Illuminated advertising systems delivered and installed by Kahmann correspond to experience,
their design in terms of lighting technology and their visual effect are based exclusively on experience and do not guarantee legal conformity.
Kahmann only guarantees delivery/installation in compliance with the law if the technical lighting contents of the illuminated advertising system are made known in the
individual notice by the customer before or in the course of placing the order.
6. Prints
6.1. Minor deviations from the original in the case of color reproductions are regarded as approved by the contractual partner.
A guarantee of the authenticity properties of printed materials. varnishes, laminates and laminations will only be provided to the extent that the
upstream suppliers undertake to guarantee Kahmann.
6.2. The contract partner acknowledges that the final product may have deviations from a correctable intermediate product
("digital proof" or "screen proof"), which are caused by the different manufacturing processes, calibration of the screen
and, in particular, different printing materials.
6.3. The warranty on the service life of inks for digital printing, foils and surfaces of coated materials are different and depend
on the quality specified in the order. For these materials, cleaning and maintenance instructions apply in order to maintain the warranty claims,
which we will be happy to send you on request.
7. Data transfer and backup
7.1. The transfer of data and documents to Kahmann is at the risk of the contract partner.
The risk of loss or alteration during the transfer of electronically transmitted data is therefore the responsibility of the contract partner.
7.2. The obligation to back up data is the sole responsibility of the contract partner.
Kahmann is not obligated to save or archive data, in particular print data, but is entitled to make a copy regardless of whether this is required.
8. Delivery
8.1 The delivery period begins with the latest of the following dates:
a) Date of order confirmation
b) Date of fulfillment of all technical, commercial and other requirements incumbent upon the contracting party;
c) Date on which Kahmann receives a deposit or security to be paid in advance of the delivery of goods.
8.2 Official approvals and any authorizations of third parties required for the execution of installations shall be obtained by the contract partner.
If such approvals are not obtained in time, the time of delivery shall be extended accordingly.
8.3 Kahmann shall be entitled to make and invoice partial or advance deliveries.
If delivery on call has been agreed, the goods shall be deemed to have been called at the latest 1 year after the order.
8.4 If unforeseeable circumstances or circumstances independent of the will of the parties occur, such as all cases of force majeure, which impede compliance with the
agreed delivery period, the latter shall be extended in any case by the duration of such circumstances; these shall include in particular armed conflicts,
prohibitions, transport and customs clearance delays, transport damage, energy and raw material shortages, labor disputes as well as the failure of a major
supplier who is difficult to replace.
These previously mentioned circumstances shall also entitle us to extend the delivery period if they occur at subcontractors.
If a contractual fine (penalty) for delayed delivery was agreed between the contracting parties at the time of conclusion of the contract, it is to be paid in accordance with
the following regulation, whereby a deviation from this in individual points does not affect its application in other aspects:
Any delay in performance demonstrably due to the sole fault of Kahmann shall entitle the other contracting party to claim for each completed week of the
delay a contractual penalty of a maximum of 1/2%, but not exceeding a total of 5%
of the value of that part of the total delivery in question which cannot be used as a result of failure to deliver an essential part on time,
provided that the contracting party has suffered damage in this amount.
Further claims from the title of delay are excluded.
Transfer of risk and place of performance
Use and risk shall pass to the contractual partner upon dispatch of the delivery ex works or ex warehouse, irrespective of the pricing
agreed for the delivery (e.g. carriage paid, CIF, etc.). This also applies if the delivery is made as part of an installation or if the transport
is carried out or organized and managed by Kahmann. In the case of services, the place of performance shall be where the service is being rendered.
The risk for a service or an agreed partial service is transferred to the contract partner upon its performance.
Payment
Unless payment terms have been agreed upon, 1/3 of the price is due upon receipt of the order confirmation, 1/3 at the halfway point of delivery, and the remainder upon delivery.
Regardless of this, the VAT included in the invoice must be paid in any case no later than 30 days after the invoice is issued.
In the case of partial settlements, the corresponding partial payments shall be due upon receipt of the respective invoice. This shall also apply to offsetting amounts which arise as a result of
deliveries or other agreements exceeding the original final amount, irrespective of the terms of payment agreed for the main delivery.
Payments are to be made without any deductions free Kahmann's paying agent in the agreed currency.
Any acceptance of a check or bill of exchange shall always be on account of payment only. All interest and expenses in connection therewith
(such as collection and discount charges) shall be borne by the contractual partner.
The contract partner is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
A payment is deemed to have been made on the day on which Kahmann can access it.
If the contracting party is in default with an agreed payment or other performance arising from this or other transactions, Kahmann may, without prejudice to its other rights
Kahmann may, without prejudice to its other rights, a) postpone performance of its own obligations until such payment or other performance has been effected and claim a reasonable
extension of the delivery period,
b) call in all outstanding claims arising from this or other transactions and charge interest on these amounts from the respective due date
at the rate of 1.25% per month plus value added tax, unless Kahmann proves costs in excess thereof.
In any case, Kahmann shall be entitled to charge pre-litigation costs, in particular reminder fees and attorney's fees.
Discounts or bonuses granted are conditional upon timely performance of full payment.
Kahmann retains title to all goods delivered by them until full payment of the invoice amounts plus interest and costs have been received.
The contracting party hereby assigns to Kahmann as security for the latter's purchase price claim its claim arising from a resale of goods subject to retention of title,
even if these have been processed, transformed or mixed, and undertakes to make a corresponding note in its books or on its invoices.
Upon request, the contractual partner shall disclose to Kahmann the assigned claim and its debtor and provide Kahmann with all information and documents required for
the collection of the claim and to notify the third-party debtor of the assignment.
In the event of seizure or other recourse, the contracting party is obliged to draw attention to Kahmann's title and to notify Kahmann without delay.
9. Warranty and liability for defects
9.1 Subject to compliance with the agreed terms of payment, Kahmann shall be obliged, in accordance with the following provisions, to remedy any defect
which exists at the time of handover and which is due to a defect in design, material or workmanship.
No warranty claims can be derived from information in catalogs, brochures, advertising literature and written or oral statements that have not been included in the
contract.
9.2 The warranty period amounts to 12 months, unless special warranty periods have been agreed for individual delivery items.
This also applies to delivery and service items that are firmly connected to a building or land.
The warranty period shall commence at the time of the transfer of risk in accordance with Section 8.
9.3 The warranty claim presupposes that the contractual partner has immediately notified us in writing of the defects that have occurred.
The contractual partner shall immediately prove the existence of the defect, in particular by providing Kahmann with the documents or data available to them.In the event of a defect covered by warranty pursuant to clause 9.1, Kahmann shall at its discretion
repair the defective goods or the defective part at the place of performance or have them sent to it for repair, or
provide a reasonable price reduction.
Claims going beyond the rectification of defects or a corresponding reduction of the invoiced price, in particular claims for compensation
for non-fulfillment or compensation for indirect damages, are excluded.
9.4 All ancillary costs incurred in connection with the rectification of defects (e.g. for installation and removal, transportation, disposal, travel and travel time)
shall be at the expense of the contractual partner.
For warranty work on the premises of the contractual partner, the necessary auxiliary personnel, lifting equipment, scaffolding and small materials etc. shall be provided free of charge.
Replaced parts shall become the property of Kahmann.
9.5 If goods are manufactured by Kahmann on the basis of design data, drawings, models or other specifications of the contracting party,
Kahmann's liability shall extend only to execution in accordance with the conditions.
Unless otherwise stated, the design of the load-bearing structural elements is performed in accordance with EN1090 EXC1.
9.6 Excluded from the warranty are such defects resulting from arrangement and assembly not carried out by Kahmann, inadequate equipment,
non-observance of the installation requirements and conditions of use, overloading of the parts beyond the performance specified by Kahmann,
negligent or incorrect handling and the use of unsuitable operating materials; this shall also apply in the case of defects which are due to
attributable to material provided by the contractual partner. Kahmann shall also not be liable for damage resulting from the actions of third parties, atmospheric
discharges, overvoltages and chemical influences.
The warranty does not cover the replacement of parts subject to natural wear and tear.
Kahmann does not assume any warranty for the sale of used goods.
9.7 The warranty shall expire immediately if, without the written consent of Kahmann, the other party to the contract or a third party
not expressly authorized by Kahmann makes changes or repairs to the delivered items.
9.8 Conditions 9.1 to 9.8 shall apply mutatis mutandis to any liability for defects on other legal grounds.
In addition to the warranty provisions of the General Terms and Conditions, it is noted that no warranty claim can be derived from any contradiction of the executed work
to the guidelines and regulations for road construction (RVS) no warranty claim can be derived.
10. Withdrawal from the contract
10.1 The precondition for the contracting party's rescission of the contract is, in the absence of a more specific provision, a delay in delivery attributable to gross
negligence on the part of Kahmann and the unsuccessful expiry of a reasonable period of grace granted by Kahmann.
The withdrawal must be asserted by registered letter.
10.2 Irrespective of its other rights, Kahmann shall be entitled to withdraw from the contract,
a) if the execution of the delivery or the start or continuation of the service becomes impossible for reasons for which the contractual partner is responsible,
impossible or is further delayed despite the setting of a reasonable period of grace,
b) if doubts have arisen as to the contractual partner's ability to pay and the contractual partner, at Kahmann's request, neither makes an advance payment
nor provides suitable security prior to delivery, or
c) if the extension of the delivery period due to the circumstances set out in clause 8.4 exceeds in total more than half of the originally agreed delivery period,
but at least 6 months.
10.3 Withdrawal may also be declared with regard to an outstanding part of the delivery or service for the above reasons.
10.4 If insolvency proceedings are instituted against the assets of one of the contracting parties or if an application for the institution of insolvency proceedings is
rejected for lack of sufficient assets, the other contracting party shall be entitled to withdraw from the contract without setting a grace period.
10.5 Without prejudice to Kahmann's claims for damages, including pre-litigation costs, in the event of withdrawal from the contract,
services already rendered shall be invoiced and paid for in accordance with the contract. This shall also apply insofar as the delivery or service has not yet been taken over
by the contractual partner as well as for preparatory actions performed by Kahmann. In lieu thereof, Kahmann shall also be entitled to demand the return
of items already delivered.
10.6 Other consequences of the withdrawal are excluded.
11. Disposal of waste electrical and electronic equipment
11.1 The contracting party of electrical and electronic equipment for commercial purposes, which has its registered office in Austria, assumes the obligation to finance
the collection and treatment of waste electrical and electronic equipment in accordance with the Ordinance on Waste Electrical and Electronic Equipment
(Elektroaltgeräteverordnung) in the event that he himself is the user of the electrical and electronic equipment.
If the contractual partner is not the end user, it must transfer the financing obligation in full to its customer by agreement and document this to Kahmann.11.2 The contractual partner, who is domiciled in Austria, shall ensure that all information is made available to Kahmann,
in order to be able to fulfill the obligations of the seller as manufacturer/importer, in particular in accordance with §§ 11 and 24 of the Ordinance on Waste Electrical
Equipment and the Waste Management Act.
11.3 The contractual partner, which is domiciled in Austria, shall be liable to Kahmann for all damages and other financial disadvantages
incurred by Kahmann as a result of the contractual partner's failure to fulfil or defective fulfilment of the financing obligation and other obligations under
clause 11. The burden of proof for the fulfillment of this obligation shall lie with the contractual partner.
12. Liability of Kahmann
12.1 Kahmann shall be liable for damages outside the scope of the Product Liability Act only if it can be proven that Kahmann acted with intent or gross negligence
within the scope of the statutory provisions. Liability for slight negligence, compensation for consequential damage and pecuniary loss, non-achieved
savings, loss of interest and damages from third party claims against the contractual partner are excluded.
Kahmann shall not be liable to entrepreneurs for material (consequential) damage under the Product Liability Act or for any other claims derived therefrom.
This release is to be transferred to further contractual partners with other liability of the client.
The customer shall not be entitled to assign the claims to which it is entitled against Kahmann to which he is entitled. ( Prohibition of assignment)12.2 In the event of non-compliance with any conditions for installation, commissioning and use (e.g. in operating instructions) or with official requirements, any
compensation for damages is excluded.
12.3 If contractual penalties have been agreed, any further claims under the respective title shall be excluded.
13. Assertion of claims
Unless separately agreed or statutory provisions provide for shorter periods in individual cases, all claims of the contractual partner are to be asserted incourt within 1 year of the transfer of risk.
14. Industrial property rights and copyright
14.1 If goods are manufactured by Kahmann on the basis of design data, drawings, models or other specifications of the contractual partner,
the contractual partner shall indemnify and hold Kahmann harmless in the event of any infringement of industrial property rights.
14.2 Design documents such as plans, sketches and other technical documents, as well as samples, catalogs, brochures, illustrations and the like, shall always remain the
intellectual property of Kahmann and are subject to the relevant statutory provisions regarding reproduction, imitation, competition, etc.
Point 2.2 also applies to execution documents.
15. General:
If individual provisions of the contract or these provisions should be invalid, the validity of the remaining provisions shall not be affected.
The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended objective.
16. Jurisdiction and Law:
For the resolution of all disputes arising from the contract - including those concerning its existence or non-existence -
the competent court at Kahmann's headquarters shall have exclusive jurisdiction. The contract is subject to Austrian law under
exclusion of the rules of further reference.
The application of the UNCITRAL United Nations Convention on Contracts for the International Sale of Goods is excluded.
