GENERAL TERMS AND CONDITIONS AND CANCELLATION POLICY
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the 1st day after receipt of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. 3 To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
VariusSystem digital solutions GmbH
Obachgasse 20
1220 Vienna
Austria
info@variussystems.com
+43 (0)1 250 95 226
1. scope of application
The following General Terms and Conditions apply to all business relations, deliveries and services of the company VariusSystems digital solutions GmbH, hereinafter also referred to as the Contractor. Deviations from these shall only be deemed binding if they are acknowledged in writing by the Contractor.
2. offers
2.1 Our offers are subject to change without notice.
2.2 All information contained in catalogues, brochures, leaflets and the like shall only be authoritative if expressly confirmed by us in the order confirmation.
2.3 Any permits required by authorities or third parties for the execution of an order shall be obtained by the Client, who shall inform us in this respect and indemnify and hold us harmless if necessary. VariusSystems is not obliged to start work before these permits have been obtained in a legally effective manner.
2.4 We shall be reimbursed for the cost of drafts, sketches or samples prepared at the request of the client even if no order is placed.
2.5 Print and personalisation data shall be provided by the client in sufficient quality and format. Any designs, in particular optical designs of designs, design elements, backgrounds or the like, are not included in the offer.
3. conclusion of contract
3.1 In principle, the contract shall be deemed concluded as soon as we have sent a written order confirmation or the delivery has actually been made. Any amendments or supplements require our written consent in order to be valid.
3.2 For all orders for which special materials have been produced or procured at the request of the Client, termination is excluded as long as these materials have not been used up or paid for by the Contractor.
3.3 In the case of orders with different invoice and delivery addresses, as well as in the case of deliveries to third parties, the customer shall be deemed to be the principal, unless otherwise agreed.
3.4 Subject to other written agreements, work to be performed periodically, for which no separate notice period or end date has been agreed, may be terminated by either contracting party with three months' notice to the last day of the month.
4. prices
4.1 Price quotations are only binding if the scope of services has been confirmed by us in writing. Any deliveries or services exceeding this scope of performance may be invoiced separately by us.
4.2 In the event of delays for which we are not responsible in the course of clarifying technical or legal requirements, we shall be entitled to charge for any additional costs incurred. This also applies in particular to any overtime that may be demanded by the client in order to provide the service.
4.3 We are entitled to over-deliver or under-deliver 10%, whereby this does not entitle the principal to a delay in the due date of the invoice amount.
4.4 Unless otherwise agreed, our prices are ex works. If delivery with delivery has been agreed, our prices do not include unloading or carrying activities.
4.5 Additional costs for special packaging, freight, postage or other costs relevant to shipping are to be agreed and are subject to a written confirmation issued by us.
4.6 Prices quoted by us are based on costs at the time of the enquiry. We are entitled to adjust prices if the order differs from the total offer or if costs have changed by the time of delivery.
5. delivery
5.1 The delivery period shall be included in the order confirmation. It shall commence on the latest of the following dates: date of the order confirmation, releases by the principal or receipt of down payments or the date on which a letter of credit was opened.
5.2 We are entitled to make advance deliveries or partial deliveries and to invoice them.
5.3 In cases of force majeure or the loss or rendering unusable of an indispensable or important work item, we shall be entitled to extend the delivery period appropriately and to make any price adjustments without being in default.
5.4 The storage of raw materials, semi-finished or finished products shall only take place after written agreement.
5.5 Packaging made of paper or cardboard will be charged at our cost price and will not be taken back.
6. transfer of risk
6.1 Use and risk shall pass to the client when the delivery item leaves our factory or is stored with us within the meaning of point 5.4 of these terms and conditions. This is independent of the payment conditions agreed for the delivery.
6.2 Special agreements with regard to quality or receiving inspections as well as trial operations shall not affect the provisions on the place of performance and transfer of risk.
6.3 If call-off orders have been agreed, we may consider the goods to have been called off one year after the order has been placed and demand the services owed by the principal.
6.4 All services not included in the order confirmation which are necessary for the fulfilment of the order shall be borne by the client.
6.5 Materials provided by the client shall be delivered free domicile. In the case of larger quantities, any costs for quality inspections and storage charges shall be reimbursed by the client.
6.6 All manuscripts, originals, papers, films or other goods handed over to us shall be stored by us exclusively at the risk of the client.
7. payment
7.1 If no special terms of payment have been agreed, the invoice amount (net price plus VAT) shall be due for payment within 14 days of the invoice date.
7.2 In the case of partial or advance invoices, the respective partial amounts shall be due upon receipt of the invoice. This also applies to subsequent deliveries or other agreements which exceed the original order amount.
7.3 Payments shall be made in due time without any deduction in the currency stated in the invoice. The date of payment shall be the date of receipt.
7.4 The client is not entitled to withhold payments due to warranty claims or other claims or to offset them against counterclaims.
7.5 If the client is in default with his payments
8. warranty
8.1 A warranty claim shall only arise if the client immediately points out the defect that has occurred in writing and, if necessary, submits voucher copies. Defects in a part of the delivery may not lead to a complaint about the entire delivery. In the event of justified defects, we shall be entitled, at our discretion, to replace or repair the defective parts.
8.2 All transport costs, travel costs or travel times incurred by replacement or rectification shall be borne by the client. The necessary assistants, tools or auxiliary materials shall be made available to us free of charge for rectification work at the customer's premises.
8.3 If goods are manufactured according to special specifications of the customer which do not comply with the standard, our liability shall only extend to the execution in accordance with the conditions.
8.4 We do not provide any warranty for the sale of used items or goods, or for the acceptance of repair orders.
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.
9. compensation
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.
11. imprint
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.
12. copyrights
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.
