General terms and conditions of business                                                                                       

 

As of March 2022

 

 

1) General 

The General Terms and Conditions of Business, Manufacturing and Delivery apply to all commissioned productions. They are an essential part of every offer and every contract. A legal binding only occurs through the confirmation of the offer or the signing of the contract or the down payment made. 

 

2) costs

The billing of the services takes place according to the offer according to the actual hourly expenditure or as a flat rate.

The services are invoiced plus VAT (artistic activity 13%, other activities 20%). 

 

3) Manufacture, modification, acceptance, delivery time 

The production or service begins at the agreed time after the contract has been concluded and the deposit has been paid. 

Finished products or services must be accepted and approved by the customer. With the acceptance, the customer accepts the content and formal quality. Any complaints (or notifications of defects) must be made known at the latest within 5 working days after delivery or service, stating the reasons. Subsequent notifications of defects are excluded. 

If the customer requests changes after acceptance, he must communicate the desired changes in writing. The contractor is obliged and alone authorized to make changes. Such changes are at the expense and expense of the client. The same applies if proposed changes by the customer lead to a different calculation than the one approved before the start of production. 

Delivery periods or dates are non-binding. Failure to comply with delivery times or deadlines does not release the customer from the obligation to accept. The contractor is not obliged to keep original materials.

 

4) Liability

If a circumstance occurs during the manufacture of a product or the execution of a service that makes contractual agreements impossible, the contractor is only responsible for intent and gross negligence. This also applies to late completion. The impossibility of production or late completion of an order, for which neither the contractor nor the client is responsible, only entitles the client to withdraw from the contract, but the services rendered so far by the contractor are to be remunerated. 

Material defects recognized by the contractor are to be eliminated by the latter. If these corrections cannot be carried out without the cooperation of the client, the contractor can consider the contract as fulfilled after a period of at least two weeks set for carrying out the corresponding actions has expired without result. The contractor is entitled to refuse to remedy the defects until the payments due at the time of correction have been made. 

 

5) Terms of payment 

Unless otherwise agreed, the following terms of payment apply 

1) for orders up to €1,000 (net): 100% upon delivery of the agreed product or service.

2) for orders from €1,000 (net): 50% when the order is placed and 50% when the agreed product or service is delivered or by agreement.

Unless otherwise agreed, the payment period is 10 days net without deductions. In the event of a delay in payment, the contractor is entitled to charge 15% interest per annum and reminder fees of EUR 20.00 plus VAT per reminder. It is not possible to set off counterclaims against fee claims/invoices from the contractor. The customer undertakes to reimburse all costs incurred by the contractor for the collection of receivables, in particular the costs of a licensed debt collection agency in accordance with the fee guidelines of the Federal Economic Chamber 1993, limited in accordance with Federal Law Gazette 141/1996 and the costs of a lawyer commissioned as well as 15% interest on arrears. 

 

6) Copyright, exploitation rights 

All contractual services delivered by the contractor and the rights from services remain the property of the contractor until all claims against the client arising from the business relationship (including interest and ancillary costs) have been paid in full. A resale or other disposition by the client is inadmissible and ineffective during the validity of the retention of title without the written consent of the contractor. The customer only receives the corresponding rights of use after full payment. The customer is obliged to notify the contractor of any further use outside of the acquired rights of use and to acquire the necessary rights of use. 

The contractor reserves the right to use excerpts from her works (texts, audio files,...) for work documentation and for advertising purposes.

 

7. Other provisions 

If no written order is available at the time the order is completed, the records made by the contractor shall be the sole legal basis until there is any evidence to the contrary. 

Changes to the production contract and/or the manufacturing conditions require written confirmation. Should a provision of the production contract render one point of these manufacturing and delivery conditions ineffective, this shall not affect the validity of the remaining provisions. 

 

8. Jurisdiction

In the event of disputes, Vienna is agreed as the place of jurisdiction.