GENERAL TERMS AND CONDITIONS - STROHBOID GMBH
I. Preamble
1.1 Strohboid GmbH (hereinafter referred to as the "Contractor") and its partners shall always endeavor to perform the services to be rendered to the fullest satisfaction of all parties involved by acting and acting in a professional manner.
1.2 Under the brand name STROHBOID Event Tent, the Contractor offers the rental and sale of roofing systems including transport, assembly and disassembly as well as permanent installation.
1.3 The customer uses the roofing systems for private or commercial purposes.
II. scope of application
2.1 These Terms and Conditions shall apply between the Contractor and natural persons and legal entities for the legal transaction in question and, in relation to entrepreneurial customers, also for all future transactions, even if no further express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders.
2.2 The Entrepreneur shall contract exclusively on the basis of its General Terms and Conditions. Terms and conditions of the Customer or amendments or supplements to these GTC shall require the express written consent of the Contractor in order to be valid.
2.3 The Customer's terms and conditions shall not be recognized even if the Entrepreneur does not expressly object to them after receipt.
III Offer, Conclusion of Contract and Payment
3.1 The Contractor's offers are non-binding and subject to change. Until an order is placed, the Contractor reserves the right to use them for other purposes.
3.2 Promises, assurances and guarantees made by the entrepreneur or agreements in connection with the conclusion of the contract that deviate from these GTC shall only become binding vis-à-vis entrepreneurial customers upon written confirmation by the entrepreneur.
3.3 As soon as the order is placed in writing (e.g. by countersigning our order confirmation), a binding reservation for the specified rental period or the object of purchase shall be concluded. A valid rental contract or purchase contract is only concluded when a deposit of 50% has been credited to our account within the payment period of one week after the order has been placed. If this payment deadline is not met, the reservation expires. The final invoice for the total price minus the deposit will be sent after the start of the rental or the delivery of the object of purchase. This payment must be credited to the Contractor's account no later than two weeks after the start of the rental period or delivery of the object of purchase.
IV. Rental price and rental period
4.1 The rental prices (net prices) are based on the cost structure on the date of the order confirmation.
4.2 The rental prices shall be agreed as value-assured according to the CPI 2015 and an adjustment of the charges shall be made as a result. The month in which the contract was concluded shall be taken as the starting point. In the event of a change in costs, the fee shall only be adjusted for consumers as customers in the event of individual contractual negotiations if the service is to be provided within two months of the conclusion of the contract.
4.3 The rental period, the start of assembly, the handover and the start of dismantling shall be specified in the order confirmation.
4.4 If the location for the roofing systems does not meet the requirements for the and for this reason additional expenses are incurred by the Contractor, an additional charge will be made for the additional expenses incurred. A surcharge will also be assessed if soil nails cannot be used to anchor the roofing systems and heavy duty anchors, a heavy duty floor or weights must therefore be used. A labor hourly rate in the amount of the applicable price list shall apply.
4.5 If additional equipment (e.g. crane, forklift) is required for the assembly of the roofing systems, the Customer shall bear the additional costs for this.
V. Duties of the Contractor and Changes in Performance
5.1 The Contractor shall be responsible for the assembly and dismantling of the roofing systems as well as their delivery and removal within the scope of rentals. In the case of purchases, the Contractor shall provide transport and assembly of the roofing system if ordered by the Customer.
5.2 The Contractor shall provide the necessary personnel for assembly, dismantling and transport. Assistants may be provided by the Customer in individual cases after consultation with the Contractor. If the Customer provides his own helpers, they must comply with the safety requirements of the Contractor, otherwise they may be expelled from the construction site and the Contractor shall be entitled to stop the assembly/disassembly work or the Contractor shall continue the work with the assistance of substitute personnel against appropriate remuneration. The helpers must be of age and suitable for the work to be performed. The Contractor and its employees shall be responsible for assessing whether they are suitable.
5.3 Minor changes to our performance which are reasonable and objectively justified for the entrepreneurial customer (in particular those which serve the further development of the product) shall be deemed to have been approved in advance. With respect to consumers, this right shall only exist if it is negotiated on a case-by-case basis. In any case, the entrepreneur will inform the customer of such changes.
VI Obligations of the Customer and Installation Site
6.1 The Customer shall ensure that the site is level, horizontal and suitable for tents and shall restore the original condition of the site after the end of dismantling in the case of rentals. The set-up area must be cleared prior to the delivery of materials and must be available for a period of time sufficient for set-up. The repair of holes caused by pegs or similar (e.g. in the hard court) is the responsibility of the customer. In case of failure to do so, the Contractor shall not assume any liability.
6.2 An unobstructed, level area of 12 m x 12 m is required for set-up in the context of rentals. The access and exit roads, as well as the construction site area must be passable for transporters with a 13.5 m long trailer with a total combination length of 18.7 m, as well as trucks. In addition, the contractor must have an uncovered storage area suitable for a 13.5 m long car trailer with a size of 18 m x 3 m available. If the location does not meet these requirements, a surcharge corresponding to the expenditure may be charged.
6.3 The exact place of installation is to be determined and instructed by the customer or by his trusted persons. On the basis of precise, verified map material or a site inspection with the Contractor or a person authorized by him, locations deviating from this can also serve as the construction site after written confirmation by the Contractor.
6.4 The Contractor Customer shall ensure that the installation site is secured, enclosed and illuminated. The Customer shall ensure that unauthorized persons do not enter the work area during assembly and disassembly in the context of rentals.
6.5 Prior to the start of assembly, the Customer shall, without being requested to do so, collect and make available the necessary information on the location of concealed power, gas, district heating, communication and water lines or similar devices, escape routes, other obstacles of a structural nature, other possible sources of interference and sources of danger. The Contractor shall not be obliged to carry out any further inspections or surveys of its own. If the customer does not provide the above-mentioned information, the customer shall be liable for any damage (line damage, etc.).
6.6 The customer shall arrange for the necessary consents and permits of third parties as well as notifications to and permits by authorities at its own expense. He shall ensure that the statutory provisions applicable at the place of installation (e.g. building and event regulations) are complied with.
6.7 The Customer shall ensure that employees or agents of the Contractor have access to the event site and the roofing systems at all times, including during the performance of the event in the context of rentals. If the employees or agents are denied access and an accident should occur as a result, the Customer shall compensate the Contractor for all damages resulting therefrom and shall indemnify and hold the Contractor harmless against third parties.
6.8 In the context of rentals, the roofing system may only be used by the Customer at the specified place of use. A change of this location or the transfer, as well as a subletting to third parties is only permitted with the prior written consent of the Contractor.
VII Delivery and Service Deadlines, Delay
7.1 The agreed delivery period shall be subject to unforeseeable events beyond the control of the Contractor. These include cases of force majeure, strike, shortage of raw materials, import ban, confiscation, official measures and failure of the forwarder to provide the transport space in time. In the aforementioned cases, the Contractor shall not be liable for damages due to the delayed provision of the roofing systems. The Contractor shall provide proof of the existence of the aforementioned circumstances. This shall not affect the Customer's right to withdraw from the contract in the event of delays that make it unreasonable to commit to the contract.
7.2 In the event of a delay in the performance of the contract by the Entrepreneur, the Customer shall be entitled to withdraw from the contract after setting a reasonable grace period. The setting of the period of grace shall be made in writing (by entrepreneurial customers by registered letter) with simultaneous threat of withdrawal.
VIII. Assembly, Dismantling and Use
8.1 The Customer shall ensure that the place of assembly and disassembly of the roofing systems is freely accessible and that there are no physical or legal obstacles to the assembly and disassembly. The Customer shall be liable for any damage caused by delay during the assembly and disassembly of the roofing systems or resulting from the Customer's failure to fulfill its obligations under VI. The Contractor shall be entitled to charge the Customer for the additional costs of such delays and waiting times during assembly and dismantling at the applicable hourly rates for personnel costs.
8.2 Set-up and dismantling shall be carried out in accordance with the contract. After the end of the rental period in the case of rental contracts, all installations and inventory of all kinds shall be removed so that dismantling can be started immediately after the arrival of the entrepreneur.
8.3 The Entrepreneurial Customer shall designate and appoint a reliable person to take possession of the roofing system on site and to assist the Contractor with assembly and disassembly. The Customer or this person shall be instructed in the handling of the roofing system during the rental period or after delivery after completion of the assembly.
8.4 In the case of rental, the Customer may not make, have made or tolerate any changes or repairs to the rented roofing systems without the Contractor's consent, with the exception of maintenance and safety measures which the Contractor is obliged to carry out. In the event of purchase, the Customer shall be free to make appropriate modifications to the roofing systems.
8.5 The roofing systems are not calculated for snow load, the customer has to provide sufficient heating of the roofing systems or other suitable measures in case of snowfall (e.g. clearing of the roofing systems).
8.6 The tent scaffolding may only be used as a suspension device, in particular for heavy loads, if the Contractor undertakes the installation in this respect or gives precise instructions in advance on how to attach loads.
8.7 Painting of scaffolding parts and flooring is not permitted within the scope of the rental. The renting Customer shall remove any adhesive residues from advertising materials or the like before returning them to the Contractor. The costs of any necessary restoration of the original condition shall be borne by the Customer.
8.8 The hiring Customer is prohibited in any case from moving or removing construction parts, in particular struts or bracings, without authorization. Should structural parts, roofing or bracing become loose or detached, the hiring Customer is obliged to notify the Contractor immediately or to initiate the necessary securing measures himself.
8.9 The Entrepreneurial Customer shall have the premises on which the roofing systems are located monitored at its own expense for the entire rental period to protect against vandalism or theft. The liability of the renting customer begins with the handover and ends with the return, i.e. with the beginning of the dismantling.
IX. Handover and return
9.1 The Customer shall certify to the Contractor in writing that the completed roofing systems have been properly handed over. Commissioning shall be deemed to be acceptance. The statutory provisions on warranty shall apply, unless these have been excluded in respect of entrepreneurial customers.
9.2 In order to rectify defects, the Customer shall make the system accessible to the Contractor and grant the Contractor the opportunity to have it inspected by the Contractor or by experts appointed by the Contractor.
9.3 Any use of the defective items that threatens further damage or makes improvement more difficult or impossible shall be discontinued by the Customer without delay, insofar as this is reasonable.
9.4 At the end of the rental period, the Customer or his authorized representative shall return the equipment to the Contractor or his authorized representative. If the entrepreneurial customer waives a formal return within the scope of the rental (e.g. by absence at the scheduled handover date), he has to prove the non-existence at the time of the handover date in case the entrepreneur detects damages.
X. Liability for Damages, Insurance
10.1 The Contractor shall only be liable for financial losses in cases of intent or gross negligence. Liability towards entrepreneurial customers is limited to the maximum liability amount of any liability insurance taken out by the entrepreneur.
10.2 If and to the extent that the Customer can claim insurance benefits for damages for which the Contractor is liable through a damage insurance policy taken out by the Customer or in the Customer's favor (e.g. liability insurance, hull insurance, transport, fire, business interruption or others), the Customer shall be obligated to claim the insurance benefits and the Contractor's liability shall be limited to the disadvantages incurred by the Customer as a result of claiming this insurance (e.g. higher insurance premium, deductible).
10.3 Repairs shall be remunerated according to the time required at the applicable hourly rate plus the cost of materials. Lost or defective rental material which can no longer be repaired shall be invoiced at the official sales price less 20 % for the reduced value of the used material, regardless of age.
10.4 The Contractor shall not be liable for damage caused by improper handling and use, overloading, erection of the roofing systems on unsuitable ground, faulty commissioning, maintenance or servicing by the Customer or third parties not authorized by the Contractor, if this event was causal for the damage. Likewise, the exclusion of liability exists for failure to carry out necessary maintenance, unless the Contractor has contractually assumed the obligation to carry out maintenance.
10.5 The Contractor's rented roofing systems are covered by liability insurance. The insurance cover does not extend to items brought in and consequential damage, for which compensation is excluded.
10.6 The Customer shall be liable for all damage to the roofing systems caused by his culpable conduct or the culpable conduct of third parties. The Contractor recommends the Customer to take out additional accident, liability, fire or other insurance for the rental period.
10.7 The returned rental items shall be inspected by the Contractor. Damage that cannot be attributed to normal wear and tear and soiling that cannot be removed by simple sweeping or rubbing will be removed by the Contractor at the expense of the Customer. The Customer is obliged to reimburse the repair costs and costs of cleaning the roofing systems.
XI. Assumption of risk
11.1 In the event that it should be impossible for the Contractor to erect the roofing system due to weather conditions (storm, hail, heavy rain), the Contractor shall be released from the obligation to perform. In this case, the customer is also not obliged to pay the rent or to accept the object of purchase. The Customer may not claim compensation for any damage from the Contractor.
11.2 In the event that the Customer's description of the installation site does not correspond to the actual local conditions and the Contractor is of the opinion that it is not possible to install the roofing systems, the Contractor shall also be released from its obligation to perform. The customer is nevertheless obliged to pay the agreed remuneration to the contractor in the case of rental agreements. In the case of a purchase contract, the Customer shall bear the frustrated expense of the journey to and from the site or the attempted assembly.
11.3 The risk that the roofing system cannot be used, in particular due to weather conditions (e.g. storm from wind force 9), shall be borne by the Customer. The MIetkunde must ensure that the canopies and the surrounding event area are cleared at wind force 8.
XII Withdrawal from the contract
12.1 Withdrawal from the contract must be made in writing. Cancellation by the customer is possible at any time, however, the following cancellation fees ( 909 ABGB) will be charged for this in the context of rentals: (a) Cancellation up to 6 months before start of assembly or delivery date: 25% of the order amount. (b) Cancellation up to 3 months before start of assembly or delivery date: 50% of the order total. (c) Cancellation up to 1 month before start of assembly or date of delivery: 75% of the order total. (d) less than 1 month before start of assembly or date of delivery: 90% of the order total. Any claim for damages on the part of the Contractor in excess thereof shall remain valid.
12.2 If the Contractor becomes aware of credit-reducing circumstances of the Customer which jeopardize the collectability of the Contractor's claims, or if the Customer no longer meets his previous payment obligations, the Contractor shall be entitled to withdraw from the contract.
12.3 If the Customer is in default of acceptance (refusal of acceptance, default in advance performance or otherwise), and if the Customer, despite having been granted a reasonable grace period, has failed to remedy the circumstances for which he is responsible and which delay or prevent the performance of the service, the Contractor shall be entitled to otherwise dispose of the rented roofing systems or event objects if the contract is still valid, or, in the case of a purchase contract, to withdraw from the same after having granted a reasonable grace period.
XIII Retention of Title
13.1 In the event of a sale of the roofing systems, the Contractor shall retain title to the delivered goods until full payment of the purchase price by the Customer.
XIV Confidentiality
14.1 The Customer undertakes to maintain secrecy about the prices agreed with the Contractor.
XV. Final Provisions
15.1 Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on a new provision that comes as close as possible to what was originally agreed.
15.2 The law of the Republic of Austria shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
15.3 The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between the Entrepreneur and the Entrepreneurial Customer shall be the court having subject-matter jurisdiction for the Entrepreneur's registered office.
15.4 The Entrepreneur shall be notified immediately by the Customer of any changes to its name, company, address, legal form or other relevant information.