The terms and conditions below replace any other version, e.g. also the printed terms on the current letterhead.
The present terms and conditions are valid for several contracts as well as related agreements between SanMOD® GmbH and the customer (either made via e-commerce or other ways) as long as there are no other legal conditions in contradiction to these conditions. Those terms and conditions are always applicable in their current version and for future business. Any other agreement has to be concluded on a written basis. The customer or partner resigns to claim its own general terms and conditions.
We basically close contracts with customers that are natural and legally competent persons according to law, elder than 18 years old or legal entities registered in Austria or the European Union (continuously called „customers“). Businesses with companies from third countries can be made upon setting special conditions. In case a contract was signed with any other people not belonging to one of the above categories, SanMOD® GmbH is entitled to rescind the contract.
Further, our offers are subject to confirmation and do not force us to deliver. Orders are binding after a clear confirmation or an actual delivery and conducted service. The customer resigns to claim a declaration of acceptance according to the corresponding law.
3.1 Prices listed on websites as well as any other statements concerning products and prices are non-obligatory und subject to change at any time. Unit prices in our quotation are always calculated considering the entire volume. Changes in specification and quantity will always result in price changes. All mentioned prices do not include tax, insurance, packaging and delivery.
3.2 In case of defaults in calculation or availability of the product after order confirmation, we immediately will notify the customer and revise the information. If no further confirmation is received from the customer we can cancel the contract within two weeks time.
Deliveries are sent from our company base in case not agreed differently. Deliveries are always arranged on customer’s risk and bill. Our given delivery dates are subject to change any time and also depend on customer’s duties such as agreed advance payments or supply of data or materials. Given delivery dates are only valid upon written confirmation of data previews and samples.
All documents and files of the customer in order to be able to process the order are provided on the risk of the customer. We are not obliged to offer insurance for neither the documents nor the final products. Further, we reserve our right to control and also reject the provided documents or files without giving reasons. If the customer fails in delivering the appropriate material for further processing in time and in an adequate manner and SanMOD® GmbH is therefore not able to process the order, we reserve our right to profit.
If SanMOD® GmbH is taking over installation services, requirements are as follows: Construction site is accessible at the agreed date, lifts are available at all times and no other sub-contractors are working on the same areas. Installation prices are based on normal working hours from Monday to Friday 7am-7pm. Additional hours or on weekends and holidays will be charged extra.
Above all, we are not liable for damages and costs emerging from delayed deliveries or installation unless we made a clear delivery date announcement before and failed intentionally or due to gross fault.
If our customer cancels the agreement, we are entitled to receive 30% of the order volume. In case this is not enough to cover the expenses, we are entitled to calculate the amount as per actual expenses.
5. Provided files and materials
We are not obliged to store all kind of documents, files and products provided by the client. After receiving a written notice of the customer, we send back all details within a month. Otherwise we are entitled to throw them away after one month of receipt.
Further, we are not obligated to check the content of the delivered files and proof their legal validity. The customer declares that he possesses the necessary copyrights of the material provided to us and allows us to use and process them. Further, the customer states that the handling and diffusion of the material does not infringe competition regulations. The customer also undertakes to not prosecute us in any way in case the customer has violated those regulations. All kind of costs emerging from this violation – including costs for legal prosecution – have to be repayed to us by the customer.
6. File transfer
We are not liable for any faults and problems occuring when files or finished products are going to be delivered via electronic devices. In order to be able to judge whether the order was processed successfully, the actual state of the material when arriving on our servers or sending from our servers is crucial.
The customer is obliged to share with us any change in address and contact details from time of job begin until termination via invoicing to guarantee that important information is received. Any claims about “information not received” cannot be accepted if the supplier can provide the written proof of the given information.
7. Competition regulations
Any ideas and products as well as graphic design developped by us underlies our own copyright. On demand and by paying an appropriate license fee, the customer obtains a license for further usage and diffusion of our products.
For any concepts and ideas that are not going to be confirmed and implemented, we remain entitled to use them elsewhere. The customer has to bear any expenses and images charges for drafts and concepts in case the job is not going to be manufactured by us.
We are entitled to quote our company or the owner of the copyright on all materials without the customer’s approval and his right to compensation.
The customer accepts that we do not expulse any competitors or harm competition. In addition, we point out that we can not be made responsible for materials supplied by the customer. We are not liable for damages, breaks and any other visible defaults. In these cases the customer is not entitled to claim damage compensation. Intangible damage cannot be claimed at any time.
We are liable for any damages that have been caused through gross fault or on purpose if the customer is able to provide evidence. In these cases, our liability is limited to those damages that typically occur in the corresponding constellation. Damage claims due to product liabilities as well as duties of replacement and costs of installation, travelling and delivery cannot be claimed. We are just liable for our own production which does not include further costs and additional expenses of replacement and installation. Therefore any claims to cover additional costs rather than the charged products and services as well as potential loss of profit are not accepted.
If we manufacture or print materials provided by our customer, we do not take over responsibility for damage, break or the result of the print. Kindly check our separate data sheet for provided materials.
If original documents or materials of the customer are destroyed due to technical problems of machines, we are obliged to replace the raw material but are not held repsonsible for any production costs of the provided files or materials themselves.
In addition, we do not take over responsibility for duties of the customer in terms of discipline. The customer is responsible to fulfill his legal duties. He must approve advertising actions carried out by 360 decoro while being aware of competition regulations and taking the whole risk of the implementation of the advertising action.
9. Reservation of proprietary rights
In case of goods delivery, they belong to us up to their entire payment. If SanMOD® GmbH is a sub-contractor in certain projects but the constructor or contracting entity is not able to meet payment deadlines, we reserve the right to extend the proprietary rights to the end-consumer or to the first contracting entity.
10. Notice of defects
All kinds of faults or damages of the delivered products must be reported immediately in written manner. The customer is committed to store the product until jurisdictional hearing of evidence. Otherwise the notice of defect is not valid. In case of a real damage caused by us we reserve the right to offer improvement, extension of missing features or replacement of the product instead of price reduction at first instance. Only if any of the preferred solutions do not make sense due to massive cost load, price reduction will be given.
Colour differences that are based on technical reasons as well as colour changes due to UV, climate or age are not considered to be defects. The customer accepts in advance that these difficulties may occur being a normal characteristic of digital printing. That is why the notice of defects and any other further costs in these cases cannot be accepted. Other than that customers must be aware that not calibrated monitors and printers also provoke colour differences. Colours can just be guaranteed when providing a colour-binding proof (Fogra). Hard copies of printers do not belong to any norm. Also the picture on the screen does not correspond to the final print. Further, colour variation can occur in case of reorder or provision of samples due to production conditions. Any kind of complaints in this case are not being accepted.
If the customer delivers the material to us, it is clearly agreed that we are not liable for the outcome of the product and the final result.
Finally, all damages that occur during shipment of the product by an external transportation company are not our responsibility.
Any billed products and services have to be paid immediately unless agreed differently. For bigger projects and new customers the customer accepts to pay in advance the whole or a part of the invoice. In case of any advance payment, no process will start without this payment being made. In case of delayed payment by the customer we are not held responsible for any failed deadlines concerning the finalisation of the project.
In case of payment delay, we are entitled to raise 12% interest. Any payment reminder will be added a fee of 10€. Any further costs for legal advise or legal prosecution will be billed to the customer. Incoming payments will be credited to the oldest outstanding invoices first.
12. Place of performance and jurisdiction
The place of performance concerning deliveries and payments is the official location of the company (Austria, Germany, UK, UAE, Hong Kong). It is clearly accepted that the UN Convention on contracts for the International Sale of Goods is not applicable.
13. Legal force
If any regulation of the present general terms and conditions is completely or partly not legally effective or going to lose its legal effectivity, the validity of the other terms is not affected. For the legally non-effective regulations the parties of this contract agree to find other legally effective terms that are similar to the non-effective ones in reference to the purpose of the term. This is also applicable for non-predictable gaps in the contract.
14. Data protection
Please review the information for the general data protection on our website.