8.5 Excluded from the warranty are defects caused by overuse, negligent or improper handling, damage due to the actions of third parties, atmospheric discharges, overvoltages or chemical influences.
8.6 The warranty claim expires immediately if changes have been made to the delivery item without our consent.
8.7 In principle, a defect shall only apply if the functionality of the product is restricted or prevented. We shall only be liable for subjective impressions such as light-fastness, changeability and deviations in colour to the extent that these are based on defects that were easily recognisable prior to the use of necessary materials, such as transparent foils, when properly inspected.
8.8 In the case of colour reproductions in all printing processes, minor deviations from the original shall not be deemed to be defects. The same applies to differences between the proof print and the print run as well as within a print run due to printing technology.
8.9 Approvals in the form of PDFs, images or the like, are not colour binding to 100%. Deviations from this title cannot be recognised.
8.10. Proofs and approvals are to be checked by the Client for typesetting and other errors and returned to VariusSystems declared ready for printing. VariusSystems shall not be liable for errors overlooked by the Client.
8.11. Typesetting errors can be corrected by us, whereby the additional expenditure will be invoiced.
Unless otherwise provided for in these terms and conditions, our liability shall in all cases be limited to those damages which have occurred to the object of our performance. Any further compensation, in particular for consequential harm caused by a defect, is excluded. This also includes hidden defects which are not apparent to the contractor even after proper inspection.
10 Default and withdrawal
10.1 Should we nevertheless be in default of delivery due to gross negligence and setting of a grace period, the client shall be entitled to withdraw from the contract.
10.2 In addition to the cases mentioned in point 7.5, we are entitled to withdraw from the contract if:
a. the execution of the delivery or the start of a continuation of the service is impossible or is further delayed for reasons for which the client is responsible, despite a period of grace,
b. the client refuses to make advance payment at our request or to provide corresponding security in the event of concerns about his creditworthiness,
c. the extension of the delivery period, due to the circumstances mentioned in item 5.3, amounts to more than half of the delivery period in total.
10.3 If judicial insolvency proceedings are instituted against the assets of the customer or if a petition in bankruptcy is dismissed for lack of coverage of the costs of the proceedings, we shall be entitled to withdraw from the contract without setting a grace period.
10.4 Notwithstanding our claims for damages, in the event of withdrawal we shall be entitled to payment for the services already rendered and, with regard to the contract, also for preparatory acts already performed.
VariusSystems is entitled to imprint a company or brand name or a unique product number on the products that have been executed even without the express consent of the Customer.
We reserve all rights to the designs, offers, projects, drawings, measurements and descriptions used by us. Without our written consent, the client is not permitted to use these for purposes other than those associated with the project, in particular not to reproduce them or make them accessible to third parties. They are to be returned immediately upon our request.
Furthermore, the client undertakes to indemnify and hold VariusSystems harmless against all claims arising from infringement of copyrights, ancillary copyrights, personal rights or other proprietary rights by third parties.
13. law and place of jurisdiction
Unless otherwise contractually agreed, Austrian law shall apply, place of jurisdiction Vienna. This applies to all disputes arising directly or indirectly.