General Terms and Conditions

1. order confirmation

Every order for poles and custom-made products requires a written order by the purchaser and an order confirmation by the supplier in order to be legally effective.

This shall be deemed to have been accepted and acknowledged by the Buyer after 48 hours. The latter sentence does not apply to consumer transactions.

2. price

The prices quoted are exclusive of Austrian value added tax and are shown in EURO. In the event of invoicing, the statutory value added tax shall be added to these prices. We reserve the right to change prices due to circumstances beyond our control. Unless otherwise stated, we shall be bound by the prices contained in our offers for 30 days from their date. Point 2, sentences 3 and 4 do not apply to consumer transactions.

3. production according to templates

If goods are produced according to a template provided by the customer, the supplier shall reproduce this as closely as possible. Color specifications in HKS or Pantone will be matched as closely as possible to the HKS-K or Pantone C version. As a matter of principle, our printing inks are always sampled in standard light D50. We reserve the right to deviations in color and appearance due to the technical possibilities in textile printing and the different color appearance of different base materials, and this does not constitute a defect. This also applies to print samples in comparison to series production. Dimensional deviations in width and length of +/- 5%, due to the technical production process, are within a normal tolerance limit.

In the case of consumer transactions, the following shall apply in place of the above contractual conditions under point 3 (deviations in color and presentation): Minor deviations in color and appearance, due to the technical possibilities in textile printing and the different color fallout with different types of base materials, shall be deemed approved in advance, provided they are reasonable for the customer. This also applies to print samples in comparison to series production. Minor dimensional deviations in width and length due to the technical production process, which are reasonable for the customer, shall also be deemed to have been approved in advance.

4. drafts and makeshift templates

Our prices are based on the assumption that customer templates are provided, which are graphically prepared in accordance with our graphic data exchange sheet. Requested changes or necessary graphic processing, for example because fonts have not been converted into curves, will be invoiced by us at the current hourly rate for graphics. In the case of print data, the party placing the order shall be liable for ensuring that no copyright trademarks or other industrial property rights of third parties are infringed. Drawings and drafts, as well as makeshift templates, films, embroidery cards and other design templates produced in-house shall remain the property of the supplier and may only be changed or passed on to third parties with our consent. Order documents shall be stored in the form of data for 3 years; subsequent reorders shall require a share of the costs for reactivating these templates and shall be invoiced at the current hourly rate for graphics. Films and templates are not stored.

5 Design and usage rights

All works created by us, such as logos, ... are our intellectual property and are protected by copyright. The customer therefore undertakes to refrain from any use or exploitation beyond the scope of the purchase contract in question, in particular imitation, distribution, reproduction and the like. Exceptions are only possible against payment and a separate written agreement. Insofar as contributions for such works are supplied by the customer, the customer shall ensure that these do not infringe any third-party rights and shall indemnify and hold the supplier harmless in this respect.

The Supplier is entitled to use the ordered designs or products for its own advertising purposes and to refer to the name and logo of the Purchaser.

6 Delivery and performance time

Delivery dates or deadlines must be in writing. An agreed delivery date does not make the transaction a firm deal. No liability can be accepted for delays in delivery and performance due to force majeure or due to events which make delivery considerably more difficult or impossible for us. We are entitled to make partial deliveries at any time.

7 Goods provided

The processing of provided goods is carried out exclusively at the buyer's risk. Provided materials must first be subjected to an inspection for processability.

8. delivery and assembly of flagpoles

The flagpole and flag must be erected in accordance with the assembly instructions. In the case of delivery of flagpoles, the supplier assumes no liability for the condition of the erection or assembly of the same or any resulting damage. We ask the customer to check the local conditions himself.

9. wind and storm damage

In order to protect flags and flagpoles and to avoid damage, flags must be taken down starting at wind force 7 (= 50-61 km/h) and poles must be moved starting at wind force 8 (= 62-74 km/h). We ask for your understanding that we can accept NO LIABILITY for storm damage to flags, flagpoles or third parties!!!

10. shipping

Shipping is ex works. The risk is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transportation or has left our warehouse for the purpose of shipment. If shipment becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. The shipment, e.g. DPD, rail express, etc., shall be uninsured, at the expense and risk of the recipient. Postage and packaging costs will be charged at cost price.

11 Warranty

Reference is made to the assembly and care instructions supplied with the goods. Complaints will only be accepted within 14 days of delivery of the respective consignment (including partial deliveries), provided they are made in writing and the care instructions mentioned have been strictly adhered to. Otherwise the delivery shall be deemed approved. In the event of quality complaints within the above period, both parties, unless the buyer is a consumer under the Consumer Protection Act, shall submit to the arbitration court of the Vienna Commodity Exchange. If warranty claims are asserted, we reserve the right to replace defective goods with defect-free goods within a reasonable period of time, as well as to improve goods and make up for missing items. Any sales discounts shall only be granted on the basis of fully paid invoices. Liability for the durability of outdoor flags and banners is excluded due to a wide variety of weather and environmental influences. In any case, the occurrence of signs of wear does not constitute a case of warranty.

Point 11 sentence 2, sentence 3 and sentence 4 shall not apply to consumer transactions.

12 Complaints

Transport damage must be reported by the customer to ÖBB or the respective deliverer/carrier without delay and immediately upon acceptance (any claim against us shall lapse - see also point 10). Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an aliquot part of the invoice amount. Independent modifications to our products exclude any warranty. Point 12 sentence 2 does not apply to consumer transactions.

13 Liability

Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo, from product liability and from tort are excluded both against us and against our vicarious agents, except in cases of willful misconduct or gross negligence.

Point 13 does not apply to personal injury and damage to items accepted for processing in the case of consumer transactions.

14 Payment

In the absence of a separate agreement, the invoice amount including VAT shall be payable promptly without deduction. Conceded cash discounts are not permitted if older invoices are still outstanding whose due date has already passed. Payments by bill of exchange are only permitted if they have been agreed with us. Payments shall be credited against the oldest outstanding claim in the following order: costs, interest, principal. We reserve the right to recalculate in the event of an error. In the event of default, the customer undertakes to pay default interest in the amount of 10% p.a.. All reminder and collection charges as well as the costs of legal intervention shall be reimbursed. In the case of custom-made products, a down payment of approx. 50% of the invoice amount for the ordered goods and for the costs incurred for temporary templates and designs is required. This amount plus VAT is due immediately after the order has been placed. Any bank charges incurred when transferring the invoice amount shall be borne by the buyer. Offsetting, retention or reduction against claims of the supplier is only permitted with counterclaims that have been legally established or expressly recognized in writing. Point 14 sentence 6, sentence 7 and last sentence shall not apply to consumer transactions.

15 Retention of title

The delivered goods remain the property of the seller until full payment of the sales price, interest and costs, whereby the buyer is liable for all damages, including those caused by force majeure, up to the full purchase price until this time. In the event of seizure of goods subject to retention of title or in the event of insolvency on the part of the buyer, the customer must draw attention to our ownership and inform the supplier immediately. Processing or transformation of the goods subject to retention of title shall always be carried out for us as the manufacturer, but without any obligation on our part. If our (co-)ownership expires through combination, it is hereby agreed that the buyer's (co-)ownership of the uniform item shall pass to us in proportion to its value (invoice value). By way of security, the purchaser hereby assigns to us in full any claims arising from the resale or on any other legal grounds (such as insurance, tort) in respect of the reserved goods. In the event of breach of contract by the Buyer _ in particular default of payment _ we shall be entitled to take back the reserved goods and, if necessary, to demand assignment of the Buyer's claims for restitution against third parties. The repossession or seizure of the reserved goods by us shall not constitute a withdrawal from the contract.

16 Place of performance, choice of law and arbitration clause

The place of performance for all obligations is Mittersill. Austrian law shall apply. The contracting parties agree to Austrian domestic jurisdiction. The court with subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction to decide on all disputes arising from the contract. Point 16, last sentence, shall not apply to consumer transactions.

17 POWERFLAG guarantee

The guarantee applies exclusively to the POWERFLAG or POWERFLAG-RC product (155g goods, Polyweb Plus® or Polyweb Plus® RC material). The warranty period is 12 months from the date of delivery, regardless of when the flag is hoisted. No claims can be made at a later date. If damage occurs within this period, the supplier will repair the flag free of charge. The guarantee applies from a degree of destruction of level 3 according to our scale of degrees of destruction. This is an additional service offered voluntarily by the supplier. Storm damage, natural disasters (mudslides, avalanches, etc.) and willful damage (vandalism) are excluded from the guarantee.

BANK DETAILS

RAIBA:
IBAN: AT353503900000010157, BIC: RVSAAT2S039

Sparkasse:
IBAN: AT502040200000005181, BIC: SPMIAT21

Raiffeisenverband:
IBAN: AT643500000000051540, BIC: RVSAAT2S

All packaging delivered to you is fully discharged via ARA under license number 3216.