Legal Notice/General Terms
and Conditions
The TREVISION Groß.Bild.Technik GmbH (hereinafter referred to as “TREVISION”) undertakes metalworking, particularly the production and selling of light boxes, publicity banners and large-format images; the selling of, and trade with display frames; and the provision of services related to the design of advertising surfaces.
Headquarters Austria
TREVISION Groß.Bild.Technik GmbH
A-7051 Großhöflein
Industriestraße 1
CEO: Jürgen Marzi
UID: ATU67325414
Commercial register
FN 382.130 g
Tel: +43 2682 76060-0
Fax: +43 2682 76060-88
Internet: www.trevision.at
Email: info@trevision.at
1.
By placing this order, the customer agrees to be bound by the terms and conditions of TREVISION set out herein. They will also apply to all future business relationships of the customer with TREVISION. Other contract conditions, particularly the customer’s terms and conditions, are automatically null and void. Other contract conditions only apply if they have been expressly agreed upon in written form by TREVISION. Amendments of, and supplements to these terms and conditions shall be drawn up in writing; verbal subsidiary agreements require written confirmation. This also applies to any waiver of the written form agreement.
2.
The customer shall pay value added tax, turnover tax on imports, possible customs duties, any compensatory levy, and any other comparable levy additionally to the price agreed upon. Payment is due immediately upon delivery of invoice, without cash discount. Bills of exchange and cheques will only be accepted on account of performance; bills of exchanges will further only be accepted following a written agreement between TREVISION and the customer. Upon delay of payment, the buyer shall pay an annual default interest of 14% plus VAT. All payments must be made in euro s to the account specified by TREVISION, and in the form specified by TREVISION. The customer shall reimburse TREVISION for all pretrial costs arising from TREVISION’s prosecution of their rights, in particular dunning costs, collection expenses, statement charges, and possible subsistence expenses and investigation expenses. If payment conditions are not satisfied, all claims of TREVISION will be due immediately. TREVISION shall then be entitled to provide further supplies or services only against advance payment, and to withdraw from the contract after setting an appropriate payment grace period; TREVISION shall further be entitled to demand compensation for non-performance. Offsetting and retention on the part of the customer is invalid. TREVISION shall be entitled to credit payments to any accounts, regardless their dedication.
3.
Any violation of the agreement by the customer, particularly default in payment, shall entitle TREVISION to withdraw from a contract that has not yet been fulfilled, or not yet been completely fulfilled. Particularly the following reasons shall entitle TREVISION to withdraw from the contract: a) if the customer is in arrears with payment(s); b) if doubts have arisen as to the customer’s financial solvency; c) if the customer seeks an out-of-court settlement with their creditors; d) if the customer declares insolvency or the application for opening insolvency proceedings is rejected due to lack of cost-covering assets; e) if the adherence to the agreed delivery date becomes impossible or unreasonably difficult due to unforeseeable circumstances, particularly if the customer fails to provide TREVISION with the primary products required for the service (e.g. dias) in time.
4.
All offers are subject to confirmation and non-binding. The acceptance of offers by TREVISION is validated after sending the order confirmation or upon commencement of order performance. All orders require written confirmation to be legally effective. Upon the customer’s signature of the offer, the customer shall be bound to this offer for the period of one month. After this period, the customer can withdraw from the offer by means of a written declaration after setting an appropriate grace period.
5.
Delivery periods are non-binding insofar as they have not been explicitly agreed on to be binding in the order confirmation. TREVISION seeks to adhere to the delivery periods as stated. Claiming compensation for possible delays of delivery shall be excluded. If delivery becomes impossible due to force majeure or other circumstances including strikes, lock-outs, operational disruptions, scarcity of raw materials or supplies, and boycotts due to resolutions of international organizations, TREVISION shall be exempted from the delivery obligation. In such a case, TREVISION shall furthermore be entitled to withdraw from the contract for a period of two months after the occurrence of force majeure, or the respective circumstances, without the customer being entitled to claim compensation.
6.
Any risks and dangers shall be transferred to the customer with the dispatch of the goods or the handing over to the carrier. Any mode of delivery selected by TREVISION shall be authorized insofar as no mode of delivery has been expressly requested. If the delivery is delayed due to circumstances for which TREVISION is not responsible, any risks and dangers shall be transferred to the customer on the day of readiness for dispatch. TREVISION shall not be liable for carrier selection, or for the completion of transportation. The shipment shall be insured against the risks of theft, breakages, transport, fire, and water damages as well as against further requested insurable risks upon written request and at the expense of the customer.
7.
All goods delivered by TREVISION shall remain the property of TREVISION until full settlement of all outstanding accounts from the mutual business relationship. The customer is obliged to inform TREVISION without delay, in writing, if the delivered goods are distrained or otherwise subjected to the intervention of any third party. Furthermore, the customer shall take any measures required to ensure the preservation of the rights of title of TREVISION. Delivered goods shall neither be resold in return for payment nor be resold without payment during the period of retention of title.
8.
TREVISION warrants conformity only with characteristics expressly warranted in writing, and only for a time period of six months after the delivery of goods to the customer. The same period applies to possible compensation claims of the customer. Warranty and compensation shall be excluded insofar complaints relating to the delivered goods have not been sent by registered mail within eight days after receipt of the goods. Compensation for damages caused by improper handling, use of force, and similar shall also be excluded. Furthermore, TREVISION shall not be liable for slightly negligence of its staff or subcontractors. TREVISION shall similarly not be liable for loss of profit, damages caused by a defective product, and material damage whose compensation is claimed due to the production liability law. If product material provided by the customer or by third parties, in particular dias, photos, copies, or prints, become unusable or lost, TREVISION shall be liable for no more than half of the actual material value of the provided items.
9.
TREVISION shall not be liable for possible infringements of industrial property rights or the law of unfair competition.
10.
In case any provision of these general terms and conditions shall be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Such invalid term or provision shall be replaced with a valid and enforceable term or provision that will achieve, to the extent possible, the economic purposes of such invalid or unenforceable term or provision. Place of fulfillment is Vienna. All contracts are subject to Austrian law. The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable. The parties submit to the exclusive jurisdiction of the competent court in Vienna – inner city. All amendments and supplements to this contract shall be valid only if made in writing. This also applies to any waiver of the written form agreement.