General Terms & Conditions
Atelier Christian Jungwirth e.U.
1. PREAMBLE / RENTAL ITEMS
Atelier Christian Jungwirth e.U. (hereinafter referred to as “Atelier Jungwirthˮ) is the creator and holder of other special protection rights pertaining to the “photo benchesˮ. These are concrete elements with mounted stainless steel brackets, both sides of which can be customized.
They can be used for exhibitions, as signposts, for advertisements, as information boards or as effective barriers, both inside and outside. The photo panels are stable Dibond aluminium composite sheets and can be printed using various methods.
Atelier Jungwirth rents out these photo benches (hereinafter also referred to as “rental itemsˮ) under the following conditions:
2. VALIDITY OF THE GENERAL TERMS & CONDITIONS
The following terms and conditions shall apply to all present and future legal transactions between ATELIER JUNGWIRTH and the customer (hereinafter referred to as “lesseeˮ), even if no express reference is made thereto or they are not explicitly agreed again.
The General Terms & Conditions of the lessee shall only become part of the contract if ATELIER JUNGWIRTH submits to them explicitly and in writing.
ATELIER JUNGWIRTH is entitled to amend the GTC. The amended GTC shall also be effective for existing contractual relationships.
These GTC shall apply to entrepreneurs as well as to consumers. Legal restrictions must be observed for legal relationships with consumers; the GTC apply only insofar as they do not contradict the mandatory legal provisions of the Austrian Consumer Protection Act (KSchG). Provisions that are expressly designated as applying to entrepreneurs shall not apply to consumers.
3. LENGTH OF RENTAL, LIABILITY
3.1 The rental items shall remain the property of ATELIER JUNGWIRTH at all times.
3.2 The rental relationship shall begin with the provision of the rental items by ATELIER JUNGWIRTH. The rental items shall be in a proper, serviceable condition on handover. From this point in time, the lessee shall assume the liability for the rental items, which have been delivered or provided, until they are returned to ATELIER JUNGWIRTH, their employees or forwarding agents. The lessee shall be fully liable for loss of and damage to the rental items. Any damage caused by the rental items shall also be borne by the lessee. ATELIER JUNGWIRTH shall not be liable for damage to persons and property (e.g., clothing, floors, etc.) caused by the use of the rental items. The lessee shall check the rental items for safety and serviceability or soiling/debris on acceptance and report to ATELIER JUNGWIRTH without delay. Subsequent complaints cannot be accepted. All claims for damages against ATELIER JUNGWIRTH shall be excluded in case of minor negligence.
Any claims against an insurer are already assigned to ATELIER JUNGWIRTH within the limits of Section 15, Austrian Insurance Contract Act (VersVG).
3.3 The lessee undertakes to treat the rental items with care and to avoid damage as well as heavy soiling. Should items be returned heavily soiled, the additional cleaning costs shall be charged to the lessee. If residue-free cleaning is no longer possible, the replacement cost of the rental item shall be charged.
3.4 Transfer to third parties or transportation to other locations, especially outside the Republic of Austria, shall be prohibited unless this has been agreed explicitly. The lessee shall bear responsibility for the rental item from the time of acceptance until the return of the rental items. He shall be liable in this respect for his employees and agents as well as for third parties.
3.5 The rental relationship shall end on the proper return of the rental items but not before the end of the agreed rental period. After termination of the rental relationship the laminated photos are removed from the Dibond aluminium panels and can therefore no longer be used. The panels along with the photos may also be purchased by prior agreement in good time with ATELIER JUNGWIRTH.
3.6 If the lessee waives his involvement in the inventory and inspection concerning perfect condition upon return, he shall acknowledge the inspection carried out by ATELIER JUNGWIRTH.
Rental items that are not returned or are damaged shall be charged to the lessee at the replacement or restoration price. We reserve the right to assert claims for excess damages.
4. CONCLUSION OF CONTRACT
4.1 Offers from ATELIER JUNGWIRTH are valid for 30 days from the date of issue. The rental price applicable in each case depends on the rental period and the number of photo benches and is described in more detail in the offer. The period of validity of an offer may be extended at any time in writing; any price changes shall be taken into account. An order shall be deemed to have been confirmed as soon as the offer is confirmed by the lessee to ATELIER JUNGWIRTH by e-mail or by post. A written order confirmation from ATELIER JUNGWIRTH confirms the order and can therefore be regarded as a written and legally effective conclusion of the contract.
4.2 The customer shall be liable for the accuracy and regularity of the order. If the persons involved at the customer’s, the users and/or the persons to whom the invoices are addressed are not identical, the order shall be considered – in case of doubt – to have been placed by the customer. The customer shall therefore be deemed to be liable for the payment of the rental invoice and for all costs associated with the collection of the invoice amount. This also applies, in particular, if the collection from the invoice addressee cannot be carried out successfully, for whatever reason.
4.3 Verbal orders shall not be deemed to be order confirmations and are not binding on ATELIER JUNGWIRTH. An order confirmation or an order may only be conveyed in written form. Written orders may be cancelled free of charge by e-mail within 24 hours.
An order may be cancelled free of charge up to 60 days prior to delivery. In the event of cancellation within the last 30 days prior to delivery/collection by the customer 50% of the rental price shall be charged. In the event of cancellation within the last 14 days prior to delivery/collection by the customer the entire rental price in the offer shall be charged as it is no longer possible to rent out the items. The cost of production of the panels and all preparatory work carried out by ATELIER JUNGWIRTH shall be compensated.
4.4 The lessee shall be obliged to notify ATELIER JUNGWIRTH of any changes in the business address as long as the legal transaction which is the subject of the contract has not been completely fulfilled by both parties. Should the lessee fail to make this notification, any written correspondence (e.g., payment reminders, invoices, etc.) shall be deemed to have been received even if they were sent to the last known address.
5. PRODUCTION, TRANSPORT, ASSEMBLY AND HANDOVER
In order to be able to guarantee the timely delivery of the images for the photo benches, the lessee shall provide ATELIER JUNGWIRTH with the printable image data (after provision of the required printing information by ATELIER JUNGWIRTH) 3 weeks before the assembly at the latest. If ATELIER JUNGWIRTH also designs the layout of the image panels in consultation with the lessee and therefore sends the image data to the lessee for approval in advance, the data must be sent to ATELIER JUNGWIRTH no later than 4 weeks prior to assembly.
Subsequently, the images will be produced by ATELIER JUNGWIRTH, i.e., printed on weather-proof materials and laminated on the Dibond aluminium composite sheets.
ATELIER JUNGWIRTH is neither responsible nor liable for the image content. This applies, in particular, to missing or incorrect photo credits as well as to infringements of or encroachments on copyright, rights of use, etc. of third parties or contrary to accepted principles of morality. In this case the lessee shall indemnify and hold ATELIER JUNGWIRTH harmless.
The delivery and collection of the photo benches shall be carried out by a forwarding agent chosen by ATELIER JUNGWIRTH. The delivery and collection of the photo benches shall be made possible by the lessee on the date and time agreed. The lessee shall ensure unhindered access for the delivery and collection of the rental items. All special permits concerning access/departure and the place of assembly shall be obtained by the lessee in good time.
5.3 ASSEMBLY OF THE PHOTO BENCHES
The assembly of the photo benches on site shall be supervised by the assembly manager of ATELIER JUNGWIRTH. ATELIER JUNGWIRTH requires the lessee to provide 2 to 4 helpers for light assistance work during assembly and dismantling and a fork-lift truck with long forks and driver.
As far as damage to the benches, brackets and photo panels during assembly and dismantling is concerned, the lessee shall be liable for its employees, assembly assistants and for the fork-lift truck company provided by and commissioned by the lessee.
ATELIER JUNGWITH shall only be liable for damage to equipment at the delivery address during delivery, assembly/dismantling by employees of ATELIER JUNGWIRTH. Any other liability shall be explicitly excluded.
5.4 HANDOVER OF THE PHOTO BENCHES
The photo benches shall be handed over in a good condition. They shall be in the same condition upon collection and, if necessary, freed from any soiling/debris (leaves, soil, graffiti, etc.) by the lessee, otherwise the provisions under section 3. of these GTC shall apply. The lessee may insure the rental items for the duration of the rental to protect them from (environmental) damage, theft and vandalism.
Should ATELIER JUNGWIRTH be unable to provide the agreed services in the event of force majeure or other circumstances for which ATELIER JUNGWIRTH is not responsible, the lessee shall not be entitled to assert any claims, especially regarding compensation for damages.
5.5 REARRANGEMENT OF THE BENCHES DURING THE RENTAL PERIOD
For each assembly/dismantling or rearrangement of the rental items either the assembly manager of ATELIER JUNGWIRTH must be on site, or the lessee undertakes to inform ATELIER JUNGWIRTH in good time, in writing and beforehand of the planned rearrangement to be carried out by himself, whereby ATELIER JUNGWIRTH must agree to this in writing. The lessee shall be liable for any damage resulting from improper handling/tampering. This also applies if ATELIER JUNGWIRTH has agreed to the rearrangement by the lessee, but damage occurs nevertheless. Rearrangement by unauthorized persons is prohibited.
6. COPYRIGHT / IDENTIFICATION OF DESIGNER
6.1 The copyright and right of use for all ideas, sketches, proposals, descriptions, concepts and drafts, graphics, drawings and other documentation as well as parts thereof prepared by ATELIER JUNGWIRTH shall be the exclusive property of ATELIER JUNGWIRTH and shall not be transferred. The lessee merely acquires the permission to use the work, limited in time and place, to the agreed extent and for the agreed purpose. The customer shall not be entitled to transfer this authorization of use without explicit consent.
6.2 In the case of exhibitions, the exhibition designer shall be named on an information board using the following wording:
“Idea + Exhibition Design: Christian Jungwirth – www.atelierjungwirth.comˮ
7. RENT, PAYMENT DEFAULT
7.1 The rental price shall be calculated according to the duration of the rental. All prices are net prices and do not include the statutory value added tax. In the event that wage costs change between the conclusion of the contract and delivery due to collective agreement regulations in the industry or to internal company agreements or should other cost centres relevant to the calculation or costs necessary for the provision of services such as those for materials, energy, transport, subcontracting, financing, etc. change, ATELIER JUNGWIRTH shall be entitled to increase the prices accordingly.
7.2 The statutory default regulations for consumers and for entrepreneurs shall apply. In addition, payment reminder fees shall be charged.
8. SEVERABILITY CLAUSE
Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part this shall not affect the validity of the remaining provisions.
9. PLACE OF JURISDICTION, GOVERNING LAW
All disputes arising out of or in connection with the rental contract shall be governed exclusively by Austrian law. The applicability of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded. The contract language is German. The place of jurisdiction shall be the responsible court in Graz exclusively, unless a consumer is involved. The place of performance is the lessor’s registered office in 8010 Graz.
Graz, November 2011