STANDART BUSINESS CONDITIONS​

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1. Scope

The following general terms and conditions (GTC) apply to all orders, services, deliveries and works by JG Klein GmbH ("JG Klein"). We provide our services and products exclusively on the basis of these terms and conditions. Conditions of the client and deviating agreements only apply if we have expressly agreed to them. These terms and conditions apply as a framework agreement for all further legal transactions between JG Klein and the client.

 

2. Copyrights & Usage Rights

Our services and products, including the products of subcontractors, may not be changed, used or reproduced without our consent. All of our work is protected by copyright law. Unless otherwise agreed, we shall assign the client a simple right of use to the work. The transfer takes place only with the payment of the full fee. Until then, the client is only permitted to use the services transferred on a revocable basis. If the client uses a concept designed by us several times and JG Klein is not commissioned with the planning, further usage rights will only be transferred for an additional fee. The transfer of granted rights of use to third parties as well as multiple uses require our express consent. The publication of our work is only permitted with the indication of the author (JG Klein). A breach of this obligation entitles us to compensation. We are allowed to document and photograph the concepts and drafts developed by us as well as implemented projects and use them for our own advertising free of charge even after the contract period has ended. In the event of a publication or publication, the client will be informed separately.

 

3. Briefing, design & approval

The briefing by the client forms the basis of our work. Only one draft and its one-time revision is owed. If the client also requests further changes or new designs, these are additional services that are remunerated according to the time spent. By releasing the work, the client assumes responsibility for the correctness of the designs and drawings presented. Unavoidable color and material changes compared to the samples, drafts or printouts do not entitle to withdraw from the contract or to make a complaint.

 

4. Offers & Remuneration

Our offers are non-binding and valid for 24 hours from the date of issue. The contract is only considered concluded upon receipt of a written order confirmation. The offer is drawn up to the best of our knowledge, but no guarantee can be given for its accuracy. The client will be informed if there are increases in costs after the order has been placed. The additional effort is now offered. If no offer was made, the remuneration is based on the time spent. Even if there is no placed order, but the customer makes use of services from us which he can usually only expect to be provided in return for payment, the customer must provide the usual payment for the services. Unless otherwise agreed, the remuneration of our services is based on the time spent in accordance with our hourly rate valid at the time of the order.

Unless otherwise stated, all prices quoted by us are stated as net costs; the statutory value added tax of 20% is shown separately.

 

5. Invoice & terms of payment

If there is no reasoned objection in writing to our invoice within 7 working days, it is in any case considered approved. The invoice is due upon receipt and must be paid immediately. If our services are billed in parts, the corresponding fee is due upon delivery of the partial service. In the event of default in payment, we are entitled to demand reminder interest from the day the goods or services are handed over.

The client consents to invoices being created and transmitted electronically.

 

6. Retention of title

All goods are delivered by us under reservation of title and remain our property until full payment has been made.

 

7. Delivery & Transport

Our sales prices do not include costs for delivery, assembly or installation. Upon request, these services can be provided or organized by us for a separate payment. If there is a default in acceptance because the customer has not accepted the goods as agreed, the additional costs must be borne by the customer.

 

8. Liability, Warranty & Default

We are liable for conscientious, expert-based arrangements for a period of two years after completion of the work, but no more than the amount of the fee paid for our work.

Apart from those cases in which the statutory right to conversion applies, we reserve the right to fulfill the warranty claim, at our discretion, through improvement, replacement or price reduction. The transferee must always prove that the defect already existed at the time of handover. Hidden defects are to be reported immediately upon discovery. Defects caused by third parties or the client himself (such as assembly, cleaning, etc.) are not covered by our warranty.

All claims for damages are excluded in cases of slight negligence.

If we are culpably unable to comply with an expressly agreed first or are in default for other reasons, the customer must grant us a reasonable grace period.

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9. Reduction of the order & withdrawal from the contract

If an order placed is withdrawn or restricted, we are entitled to reimbursement of services rendered and the costs incurred. The services are calculated according to the tariff from the estimated production costs. If it is not possible to estimate these, the billing is based on the time required. In the event of an unjustified cancellation of an order, we are entitled to compensation in accordance with the relevant provisions of the ABGB. If, due to irreconcilable contradictions, it is not possible to continue the order, we have the right to withdraw from the order after 14 days in writing and to charge all services carried out up to that point in addition to the proportional ancillary costs. Furthermore, in the event of default in payment, we have the right to extraordinary termination of the contract after repeated requests for payment. All services provided and purchased third-party services up to this point must be paid for in full by the client.

 

10. Data protection

The client gives his consent that the personal data contained in the purchase contract / offer will be stored and processed by us.

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11. Place of performance, choice of law and place of jurisdiction

The place of performance for all services and the place of jurisdiction for both parties is the seat of our company. Austrian law applies. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction.