GENERAL TERMS AND CONDITIONS
All our offers, sales, deliveries and services are subject to our general terms and conditions, even in the event, that no explicit reference to our General Terms and Conditions is made. We consider alternative agreements as binding only when stipulated in writing. General terms and conditions of our contracting party which differ from ours are not binding for us, not even if they are referred to by the contracting party, and not expressly objected by us.
Purchase orders, offers, orders, changes of orders, cancelations and other agreements are subject to our written confirmation in order to become effective. Silence is not considered as acceptance. The contract is considered as concluded after arrival of payment.
Media Pros HandelsGmbH Waris Dirie Foundation
Bank Austria Creditanstalt
Media Pros HandelsGmbH
Commercial Court Vienna
Reasonable effort is made to observe accepted terms of delivery as far as possible; however, such terms are for information only and without responsibility, they require an ordering procedure according to the rules and a clarification of all technical and commercial concerns.
Our contracting party is not entitled to claim damages for possible justifiable or unjustifiable non-compliance with terms of delivery. We are entitled to carry out partial deliveries or deliveries in advance.
Cases of force majeure or other circumstances which were not caused by us or our suppliers, in particular traffic congestion or disruption of operations, transport delay, delays in duties, damage in transit, defects in material, loss of human labour, fire loss, lack of labourers or raw materials, strikes or lockouts, order of higher authority and any circumstances which prevent or reduce production or shipping and suchlike entitle us to delay delivery for the length of obstruction, or to withdraw from the contract on account of the part not yet complied with. A withdrawal from the contract by the purchaser because of these reasons is impossible.
" Completion and Transfer of Perils
Place of payment is the registered office in Vienna . When collected by the buyer as arranged, our obligation of delivery is regarded as accomplished when we announce readiness for dispatch. The use and price risk are passed on to the buyer in the moment we announce readiness for dispatch, however, at the latest in the moment of dispatch of delivery ex our stock and in case of direct delivery ex stock of our supplier respectively, irrespective of the price regulations agreed upon for the delivery.
For modalities concerning payment in advance see point 2 of Delivery Conditions and Conditions of Payment. All bank charges and other fees are chargeable to our contracting party. The contracting party is forbidden to set a possibly rightful claim off against our claim or to assign a rightful claim against us to a third, natural or legal entity, no matter whether under public or private law (prohibition of set-off prohibition of assignment of a claim).
The buyer is liable to immediately check the goods on delivery for identifyable defects and to immediatly inform us in writing of any such existing defect, however, within 7 days from that time at the latest; hidden defects are to be reported in writing within 7 days after detection. If the buyer does not act accordingly, warrenty expires. In case of reclamation, however, the buyer is bound to receive the good, to unload it appropriately and to store the good.
However, in case of determinable or indeterminable obligations we reserve the right to be released from possible claims for cancelation of the contract, price reduction or improvement by change of the defected good for a good free of defects within an approriate time limit. If the defects are repairable it is left to us, whether we allow for warranty by improvement, price reduction or through an entire or partial change for a good free of faults. Liability for consequential damages from the title of compensation on our part is excluded. For those goods which we ourselves obtain from suppliers, we allow for warranty only within the limits of warranty we are entitled to on the part of our supplier. We only guarantee that the goods delivered by us show the features usually assumed for such products in use. We only guarantee for special features which go beyond the above, in those cases where these features were assured in writing by us in the course of placing the order. Irrespective of the periods mentioned above, the claims for warranty become time-barred after six months ex delivery of the good. Warranty immediately expires if changes, improvements or repair on the delivered good are carried out by the buyer himself or by a person authorized by the buyer without our written acceptance.
The buyer is not authorized to withhold due payment because of possible claims for warranty.
VII. Compensation for Damages
" We are only liable for our contracting parties for damages caused within the limits of transaction if the damages are caused by our own gross negligence.
" If our customer is a commercial consumer, duty of replacement for damage of property resulting from the product liability law as well as claims for product liability, which could be derived from other regulations, are excluded.
" If our customer brings (again) goods delivered by us into circulation (§ 6 of the Austrian law of product liability) then he is bound to,
aa) to exclude liability for entrepreneurial damage (to property) within the limits of the transaction or in case of transmission of the good according to lit. b) above.
bb) oblige the buyer or other contracting parties or those persons the goods are passed on, to transfer of all concrete articles of the contract of possible followers in the right of disposal in our favor, so that we are directly authorized through the transfer to assert the claims for compensations according to lit.b) through this imposition.
" In case our customer acts in opposition to the regulations of lit.c), and in case a claim for damages for which liability of our customer is excluded according to lit.b) is made, our customer is obliged to indemnify us regarding all damages and disadvantages.
" If the customer himself is held liable as a result of the product liability law, the customer expressly waives any recourses against us.
" If a foreign customer is claimed as importer as a result of faultiness of a product which was delivered by us, Austrian law has to be applied to in case of a claim for recourse. If in such a case, our scope of liability is lower according to the foreign legal system in question than according to the legal regulations of Austrian law, the amount of the claim for recourse is to be assessed according to the legal order which is most favourable for us.
" Choice of Law
Within the framework of our contractual relations, their handling, finalisation or subsequent dispute, the application of Austrian law is agreed upon between our contracting parties and us. Place of jurisdiction is Vienna / Austria .
" Copyright and Right of Use
Any commercial use of card and picture materials different from the original purpose of use, particularly the framing of artistic post cards and calender sheets is without limitation specifically prohibited due to copyright reasons. If buyers transfer our goods to commercial companies, buyers are obliged to inform of these conditions and to have them confirmed in writing. In accordance with copyright law regulations, duplications, copies and imitations even of sections or parts are illegal.