Terms of delivery
1. General provisions
Our work and deliveries are carried out exclusively under the following Terms and Conditions, which are automatically accepted when an order is placed with us, even if the Customer’s Terms and Conditions contradict these. Our quotes are issued without any obligation and are subject to change. The Customer cannot cancel the order once this has been placed. The order is concluded as soon as it is confirmed by the Contractor. Any legal invalidity of individual points of the Terms and Conditions shall in no way affect the contractual validity of all other Terms and Conditions.
2. Execution
Dimensions, weights and performance figures as well as illustrations are only approximate and non-binding. All brochures, photos, price lists, descriptions, drafts, drawings and cost estimates – even if these have been prepared at the request of the Customer – remain the property of the Contractor. These documents may not be copied or made available to third parties. They must be returned to the Contractor immediately if the Contract is not concluded. If these obligations are not fulfilled, a processing fee of 25% (twenty-five percent) of the cost estimate amount shall be deemed to have been agreed. This does not preclude the assertion of a further claim for damages. The Contractor also reserves the copyright for the trade fair stands and associated equipment it creates.
a.) If we are to carry out the work according to drawings, samples or models provided by the Customer, all copyrights are to be borne by the Customer.
b.) If the Customer or former Customer is in possession of our manufacturing elements and imitates them on its own authority, it assumes full responsibility and undertakes to inform us immediately of the quantity produced and to pay a copyright fee in the amount of 25% of the sales value.
c.) The Contractor reserves the right to object to improper use of our system parts.
d.) By paying the above-mentioned 25%, the Purchaser does not acquire any rights.
3. Pricing and payment terms
The prices shall apply ex place of fulfilment and shall be in EUROS at the rates valid on the day of delivery. Only quotes confirmed in writing is decisive for the prizes. Any additional deliveries and changes that have not been budgeted for, including those resulting from a previously unknown construction situation, will be charged separately. If there are changes in the cost price between the order being placed and it being delivered, such as the price of materials, wages and the like, the prices valid on the day of delivery shall apply. Payments are only to be made directly to the Contractor. Unless expressly agreed otherwise, they must be paid in the amount of 50% when the order is placed, with the remaining amount being paid in any case before the trade fair starts in the case of trade fair stands. Withholding payments or setting these off against any counterclaims by the Customer are excluded. The payment deadlines must be strictly observed. If the payment deadline is exceeded, interest at the rate of 4% above the respective discount rate set by the Austrian National Bank will be charged from the due date, subject to the validity of any further damage claims arising by default. Bills of exchange are only accepted by special agreement and only on account of payment. They shall not be considered payment until the equivalent value has been credited to the Contractor's account. Discount and bill charges, as well as any associated additional costs, shall be borne by the Customer. The Contractor shall not be liable for timely presentation, protest, notification and return of the bill of exchange in the event of non-redemption. Instalment payment agreements are only valid if they are agreed in writing. If the Customer is in arrears with an instalment of more than 14 days, a special reminder is not required here, and the entire purchase price is due immediately. In the event that delivery dates are postponed at the request of the Customer, payment shall be made as if delivery had been made in accordance with the Contract. Payments are to be made exclusively to blu donau atelier damböck GmbH.
4. Handover and takeover
If the Customer is in default with acceptance of the goods or fulfilment of its payment obligation, or if it has stopped its payments, or if there are facts that are to be regarded as equivalent to a suspension of payments, the Contractor shall be entitled, subject to its other rights, to demand the provision of security from the Customer in the contract amount. The same applies if the Customer’s economic circumstances change or the Contractor receives unfavourable information about the Customer. If the Customer is in default with acceptance or payment, or if it does not provide the required security, the Contractor may, without setting a grace period, either – take the delivery item back without waiving its claims until these have been satisfied – dismantle the assembled stand in the case of trade fair stands and transport it back to the factory (in this case, the Customer is liable for the associated costs, including those of a new installation) – or claim damages for non-performance – or withdraw from the Contract and demand a contractual penalty in the amount of 25% of the sales or rental price. In addition, the Contractor reserves the right to claim fulfilment of the Purchase Contract. – If material damage occurs, which is caused by the Customer, the Contractor shall be entitled to invoice for the resulting costs. – The rental inventory, in particular the kitchen equipment, is handed over by the Contractor in a clean condition. The Customer must ensure that it is returned in just as clean a condition, otherwise the Contractor has the right to charge a cleaning fee of EUR 500.
5. Terms of delivery
The delivery period shall only commence after receipt of the advance payment and any services to be provided by the Customer – such as the provision of material – and only after clarification of all documents as well as the technical and spatial details for the construction by the Customer.The delivery deadline is met – even in the case of fixed transactions – if the shipment is ready for dispatch within the deadline and the Customer is informed of this. Partial deliveries are permitted. The delivery period shall also be deemed to have been fulfilled in the event of unforeseen obstacles beyond the control of the Contractor or its subcontractor, in particular in cases of force majeure, official measures, transport and operational disruptions, as well as circumstances that make production or delivery excessively difficult or impossible, regardless of whether these affect the Contractor, subcontractor or subsupplier.
6. Packaging, shipping, transfer of risk and storage
In all cases, shipping is carried out at the Customer’s expense and risk, even if delivery is made by an in-house logistics department. No liability is assumed for damage and loss during transport.If no specific shipping rules have been agreed, the Contractor must arrange the best shipping method at its discretion. The Contractor is not obliged to take out insurance. However, the Contractor shall be entitled to store items at the Customer's own discretion at the Customer's expense and risk and to charge for these as if delivered ex works or from stock. All additional costs for materials and working hours shall be borne by the Customer. We also assume no liability for any postponement caused by this. If stands are purchased, the Customer must ensure storage of empties for its trade fair stand in its own name and on its own account. If the Contractor organises this, it has the right to pass on the full costs (including handling costs) for storage of empties and forklifts to the Customer. If logos or other items owned by the Customer are stored by the Contractor free of charge, the Contractor shall not be liable for theft, fire or damage. The costs for disposal shall be borne by the Customer.
7. Construction
Any installation shall be carried out by the Customer, who shall provide skilled and unskilled workers as well as assembly materials and other means necessary for assembly at its own expense.If, according to the Contract, the installation is carried out by the Contractor and there is no special agreement, the following applies: The installation shall be remunerated according to time, whereby the subsequent costs are invoiced separately.
a.)Staff travel costs and the costs of transporting special equipment and personal luggage shall be remunerated to a reasonable extent.
b.) A daily allowance shall be paid for the entire duration of the staff's absence from their place of residence, which must also be paid during rest periods and public holidays.
c.) The remuneration agreed for the working time, including remuneration for overtime, holiday and night work, shall be calculated in accordance with the statutory provisions applicable to the Contractor's personnel in Austria.
d.) the required time for
preparing and completing the formalities for staff’s outward and return travel;
-the daily return journey between the accommodation and the exhibition location if it exceeds half an hour and there is no accommodation closer to the exhibition location;
-the time staff spend waiting if the work is interrupted for reasons for which the Contractor is not responsible under the Contract.
e.) Taxes and duties payable by the Contractor in the country where the installation is carried out shall be included in the invoice amount.
8. Complaints
The Contractor shall not be liable for defects in the delivery, which also include the lack of warranted characteristics, provided that the Customer has not arbitrarily initiated changes and repairs, to the exclusion of further claims – in particular also claims for damages – as follows:All components that are demonstrably unusable as a result of a circumstance prior to the transfer of risk shall be repaired or resupplied free of charge by the Contractor; this applies in particular to issues caused by defective construction, poor building materials or defective workmanship, or to components whose usability is significantly impaired. In any case, the prerequisite for the warranty is that full payment has been made beforehand.The Customer shall inspect the goods for defects at the Contractor's factory when it has received notification that they are ready for dispatch and shall notify the Contractor in writing of the discovery of these defects prior to dispatch. If the Customer is not specifically informed of the readiness for shipment, it must notify the Contractor in writing of any defects on the day on which the goods are handed over. Timed-barred objections shall be rejected. The goods shall be deemed to have been properly and completely executed if notification of the defects has not been made in time. The acceptance date and the work carried out must be certified in writing to the fitters or the Contractor's representatives. The Customer shall be obliged to appoint a responsible representative who can certify the acceptance date and the work carried out in good time. Any complaints must be noted on the certificate and must be communicated by the start of the trade fair at the latest. If the complaint is not made in time, the delivery and all work shall be deemed to have been approved. The following are excluded from the warranty: Transport, enamel and glass damage, loss of refrigerant and damage on the part of the Customer caused by natural wear and tear, humidity, weather and temperature influences, moth damage, excessive use, non-compliance with handling instructions, repair work and interventions of any kind by third parties. Damage to motor winding and fluorescent tubes, as well as all live cables and fuses, are excluded from the warranty. Rented items are usually second-hand goods. In this respect, the Contractor assumes no liability due to normal signs of wear and tear. The Customer is liable for accidents, property damage, etc., which occur due to improper use and assembly. The Customer is liable for accidents, property damage, etc., which occur due to improper use and assembly. Local conditions at the location the customer has rented from the trade fair management may result in changes during construction, for which we cannot assume any guarantee. When working according to wood and colour samples, there is also no guarantee that the tint and grain will match exactly.
9. Ownership
Until all outstanding invoices, including all ancillary claims, have been paid, all equipment supplied by the Contractor shall remain the property of the Contractor.Resale before final payment is only permitted with express consent from the Contractor. In such a case, the claim arising from the sale shall be transferred to the Contractor.In the event of foreclosure, the Customer is obliged to notify the Contractor immediately. The Customer undertakes to insure the property owned by the Contractor against fire, water and theft at its own expense. Insurance claims shall already be assigned to the Contractor in the amount of the Contractor's outstanding claims.
10. Place of performance and jurisdiction
The place of performance and jurisdiction for all claims and disputes directly arising from the entire contractual relationship – including complaints in the documents and change process – shall be the Commercial Court in Linz at the discretion of the Contractor.
