of Snapp Media e.U.
1.1 These General Terms and Conditions govern the legal relationship between Snapp Media e.U. (“we”) and natural or legal persons (“Client”) for the present legal transaction, and—where the Client is an entrepreneur—they also apply to all future transactions, even if not expressly referred to in subsequent or additional orders.
1.2 For entrepreneurial clients, the version applicable at the time of contract conclusion shall apply; it is available on our homepage (www.Snappmedia.at) and has been communicated to the Client.
1.3 We contract exclusively on the basis of these GTC.
1.4 Client’s general terms and conditions or modifications to our GTC require our explicit written approval to be effective when dealing with entrepreneurs.
1.5 We do not recognize Client’s terms even if we do not explicitly object after receipt.
2.1 Our offers are non-binding.
2.2 Commitments, assurances, guarantees, or deviations from these GTC only become binding toward entrepreneurial clients upon our written confirmation.
2.3 Product or service information in catalogs, price lists, brochures, ads, circulars, trade fair materials or other media not prepared by us must be disclosed by the Client if used for placing orders. We may then comment on their accuracy. Absent such disclosure, these remain non-binding unless explicitly confirmed by us in writing to entrepreneurial clients.
2.4 Cost estimates are non-binding and chargeable. Consumers will be informed of cost before preparing the estimate. If the full scope is ordered, fees for the estimate are credited against the invoice amount.
3.1 Prices are not to be understood as flat rates per default.
3.2 Additional services ordered by Client, not covered by the original contract, are payable separately.
3.3 Prices are net, ex‑works, plus statutory VAT. Packaging, transport, loading/unloading, shipping, customs, and insurance costs are borne by entrepreneurial Clients. Consumers only pay these if contractually agreed. We only accept packaging returns if explicitly agreed.
3.4 The Client shall organize eco‑friendly disposal of old materials. If separately commissioned, this is remunerated additionally.
3.5 If delivery with parking is not possible within 100 m of the site, an extra €5 per started kilometer is charged; €30 per floor applies where no usable elevator exists.
3.6 We reserve the right—and at Client’s request are obliged—to adjust agreed fees if costs for labor or materials increase by at least 3 % due to legal, contractual, or market changes since contract conclusion. The adjustment corresponds to actual cost changes unless we are in default.
3.7 Fees for recurring obligations are value-adjusted based on the 2010 CPI benchmark month.
3.8 For consumers, cost adjustments per clauses 3.5/3.6 apply only if individually negotiated and if the service is to be performed within two months of contract conclusion.
3.9 Curve-laid conduits are measured on the outer arc; fittings and embedded parts are measured by nominal pipe size but billed separately. Interruptions up to 1 m are ignored.
3.10 If billing is by measurement and joint measuring is agreed, the Client must prove inaccuracies if absent from the appointment despite timely invitation.
4.1 If Client provides equipment or materials, we may charge a 15 % surcharge on their value.
4.2 Such Client-supplied items are not subject to warranty. Responsibility for their quality and functionality lies with the Client.
5.1 One-third upon contract conclusion, one-third at work commencement, remainder upon completion.
5.2 Discount entitlements require explicit written agreement with entrepreneurial Clients.
5.3 Payment instructions by Client are non-binding for us.
5.4 In case of default, entrepreneurial Clients are charged 8.9 % above base rate under § 456 UGB; consumers 3.9 %.
5.5 Further default charges remain permissible, but only if individually negotiated with consumers.
5.6 If Client is in default under any contract, we may suspend performance under this contract.
5.7 We may declare all claims from ongoing relations due, but only for consumers if overdue at least six weeks and reminder with minimum two-week grace period was issued.
5.8 Offsetting may only be done for recognized or legally determined counterclaims; consumers may offset those closely related to payment liability or in case of our insolvency.
5.9 Discounts expire and are added back to invoice if payment is late.
5.10 Client must reimburse us for necessary enforcement costs (e.g., reminders €90 each) proportionate to claim.
6.1 Client expressly consents to data being shared with creditor protection associations in Austria (AKV, ÖVC, ISA, KSV) solely for creditor protection purposes.
7.1 We only commence work once necessary structural, technical, and legal prerequisites specified in contract or pre-contractual information are met by Client.
7.2 Client must provide information on hidden installations (electricity, gas, water), escape routes, obstacles, hazards, statics, and planned changes.
7.3 Details can be obtained from us upon request.
7.4 If Client fails these duties, non-performance attributable to false Client information doesn’t qualify as deficient workmanship.
7.5 Client arranges necessary permits and notifications (e.g., power connection) at own cost. We will advise during contracting unless Client waives or is expert.
7.6 Client must supply energy and water for execution and testing at own cost.
7.7 Client also ensures their technical systems are in working and compatible condition.
7.8 We may inspect such systems for separate fee.
7.9 Client must provide lockable spaces for workers and storage of tools/materials free of charge.
8.1 We incorporate changes only if technically required to fulfill contract purpose.
8.2 Minor justified changes are deemed pre-approved for entrepreneurial Clients; for consumers only if negotiated.
8.3 Changes or additions extend delivery/performance deadlines appropriately.
8.4 Expedited requests post-contract constitute contract amendments and may incur additional overtime/material costs. Fees rise proportionally.
8.5 Justified partial deliveries/services are permitted and can be billed separately.
9.1 Deadlines extend in case of force majeure, strikes, unforeseeable supplier delays, or similar events outside our control. Clients retain cancellation rights if unreasonable delay occurs.
9.2 If start/performance is delayed due to Client circumstances (e.g., § 7), deadlines are extended accordingly.
9.3 We may charge 2 % per month of invoice amount for delayed storage at our facility; payment and acceptance obligations remain.
9.4 Delivery dates are binding for entrepreneurial Clients only if confirmed in writing.
9.5 In case of our default, Client may withdraw after a reasonable grace period set in writing (registered letter for entrepreneurs) with withdrawal threat.
10.1 During assembly or repair, damage to existing lines or devices caused by hidden conditions or material defects is our liability only if caused by our fault.
10.2 Interim repairs have limited durability.
10.3 Client must quickly arrange proper repair following any interim measure.
11.1 For consumers, risk passes upon dispatch as per § 7b KSchG.
11.2 For entrepreneurs, risk passes when goods are made available for collection, delivered, or handed to a carrier.
11.3 Entrepreneurial Clients must insure accordingly; upon request and at Client’s expense, we will arrange transport insurance. Client consents to usual shipping method.
12.1 If Client fails acceptance for more than 2 weeks despite grace period, we may reallocate materials/devices and reorder if contract continues.
12.2 We may store the goods at €100/m³; contract remuneration remains due.
12.3 We may invoice for services and withdraw after grace period.
12.4 Higher damage claims possible; for consumers only if negotiated.
13.1 Delivered or installed goods remain our property until full payment.
13.2 Resale is only allowed with our prior notice and consent.
13.3 Upon consent, purchase claim is already assigned to us.
13.4 In default, we may demand return after grace period; for consumers only if payment overdue six weeks after reminder.
13.5 Client must notify insolvency or seizure of reservation goods immediately.
13.6 We may, with notice, enter Client premises to reclaim goods.
13.7 Client bears reasonable costs of enforcement.
13.8 Reclaiming does not equate to contract withdrawal unless expressly declared.
13.9 We may resell repossessed goods.
13.10 Until full payment, goods may not be pledged, assigned for security, or encumbered; Client must notify us of any seizure.
14.1 If Client supplies IP or documents and third-party rights are asserted, we may suspend production at Client risk and claim reimbursement for necessary costs unless claims are clearly unfounded.
14.2 Client indemnifies us.
14.3 We may recover necessary costs.
14.4 We may request cost advances from entrepreneurial Clients for litigation costs.
15.1 Plans, sketches, estimates, and documents provided by us remain our intellectual property.
15.2 Use outside intended purpose — including copying, publishing, sharing — requires our express consent.
15.3 Client must keep confidential any knowledge gained in the business relationship.
16.1 Statutory warranty provisions apply.
16.2 Warranty period for entrepreneurial Clients is one year from delivery.
16.3 Delivery time is assumed as the point of completion or when Client takes possession or refuses without reason.
16.4 If joint delivery is planned and Client is absent at scheduled time, delivery is deemed made that day.
16.5 Remedy of a defect claimed by Client does not imply acknowledgement of defect.
16.6 Entrepreneurial Clients must allow at least two attempts to remedy.
16.7 We may cure or reduce price instead of contract cancellation if defect is not material or incurable.
16.8 If defect claim is unjustified, Client reimburses inspection or correction costs.
16.9 Entrepreneurial Clients bear burden of proving defect existed at delivery.
16.10 Defects discoverable by normal inspection must be reported in writing within 2 days of delivery.
16.11 Continued use or processing of defective items causing or complicating damage must cease immediately unless unreasonable.
16.12 Late complaint constitutes acceptance.
16.13 Defective items must, if economically feasible, be returned to us. Transport costs are borne by Client.
16.14 Client must allow immediate defect inspection.
16.15 Warranty excluded if Client’s technical systems are not compatible or in proper condition and this caused the defect.
16.16 No defect exists if goods fail due to differing actual conditions unknown due to Client’s failure to cooperate per § 7.
17.1 We are liable for financial losses from breach of contract or pre-contractual duties, impossibility, delay, etc., only in cases of intent or gross negligence, given technical specifics.
17.2 For entrepreneurial Clients, liability is capped at the maximum amount of our liability insurance.
17.3 This limitation also covers damage to items we took in for processing; for consumers only if negotiated.
17.4 Entrepreneurial Clients must assert claims within two years in court or they lapse.
17.5 Exclusion also covers claims against our employees, representatives, and vicarious agents.
17.6 No liability for damage from improper use, overuse, disregard of instructions, faulty assembly/use by Client or third parties, or natural wear and tear—if causal. Same applies to omitted maintenance unless contractually obligated.
17.7 If Client can claim insurance for covered damages, Client must do so; our liability is limited to disadvantages (e.g. premium increase).
18.1 If any provision is invalid, remaining provisions stay in effect.
18.2 We and entrepreneurial Client commit to replace invalid clause with a lawful one closest to its economic intent.
19.1 Austrian law applies.
19.2 UN Convention on Contracts for the International Sale of Goods is excluded.
19.3 Place of performance: the company’s registered office (1130 Vienna).
19.4 Jurisdiction for disputes with entrepreneurial Clients is the court responsible for our seat. For consumers residing domestically, jurisdiction is at their place of residence or employment.
