AGB / General terms of delivery and conditions of service
1. General information
The HEY-U Group, hereinafter referred to as "HEY U", concludes agreements and accepts orders only on the basis of the following General Terms of Business.
Supplementary and/or deviating regulations or contradictory business/purchasing conditions of the client/customer require the expressed and duly signed consent by HEY-U.
2. Service - scope of services by HEY-U
The scope of contractual services and the considerations (fees) result from a separate agreement to be concluded between HEY-U and the customer. Subsidiary agreements or amendments modifying the scope of the originally agreed contractual service and/or price require an expressed agreement between HEY-U and the customer and shall be put down in writing immediately.
3. The customer shall guarantee/provide/ensure:
(unless otherwise agreed, in particular in writing)
a) Catering (food and beverages) and accommodation (single rooms, bath/shower, WC) of the entire HEY-U staff and any additional persons employed for the production during setup and dismantling as well as during the event.
b) Parking facilities for production vehicles of HEY-U. If this should not be possible, the customer shall be charged separately for any parking fees incurred.
c) Appropriate electricity connections (setup, costs) - The customer covenants to provide the electricity supply for HEY-U to the extent the scope of services by HEY-U can be provided on site under the contractual co-operation (production, etc.).
d) Electricity consumption shall be at the expense of the customer.
4. Terms of lease
Any devices used or surrendered as well as their accessories and packaging shall remain the property of HEY-U. Re-letting of the devices for use by third parties as well as any kind of changes to these devices by the customer shall not be permitted without the expressed consent by HEY-U.
In case of operation of the surrendered devices by third party staff supplied or contracted by the customer (requiring prior and exclusive consent by HEY-U), the customer shall be liable
for all damage caused by incorrect and/or unauthorised operation, vandalism, weather exposure, fire, theft, etc., even in case the time of the services includes several days.
HEY-U shall not be liable, even if any disruptions or the failure of the devices during the agreement period shall cause any direct or indirect damage to customer or any third party.
In such cases, any claims of the customer for cancellation, reduction or damages shall be expressly excluded.
The customer shall be liable for all damage to the equipment of HEY-U caused by his/her clients/visitors/guests or any other third parties during the setup and dismantling and during the event.
6. Cost estimates, planning
Cost estimates/plans/offers/concepts/presentations etc. prepared by HEY-U shall remain the
property of HEY-U and are basically free of charge, unless we have made any prior advise of an obligation for payment.
7. Prices/payment conditions
All prices stated by HEY-U are net prices without legal value-added tax. Therefore all prices / total amounts are net amounts plus VAT.
Payment conditions: 50% at placement of an order, 50% after the event/delivery, all within 3 days of issue of the invoices by HEY-U without deduction of any discount etc.
In case of any default in payment, 10% of interest on arrears p.a. shall apply as agreed rate. Furthermore, the customer shall be obligated to reimburse all costs for requests for payment of unsettled claims, as well as necessary costs for the relevant, appropriate legal prosecution (collection agency, lawyer).
8. Offer/confirmation of order
The customer shall check the accuracy of the offer/the confirmation of the order and the event, rehearsal and delivery dates contained therein. If the offer/the confirmation of order deviates from the original order, and if the customer does not object within three workdays on receipt of the offer/confirmation of order in writing, such deviations are deemed approved.
9. Modifications due to technical development
HEY-U reserves the right to modifications due to technical development and/or other important and justified reasons. If any way possible, HEY-U shall only carry out such modifications in co-ordination with the customer.
10. Industrial property rights
The customer shall keep HEY-U completely indemnified with regard to third party claims for any violation of industrial property rights.
Any taxes, fees, duties and royalties resulting from the performance of the event shall be at the expense of the customer.
The customer shall bear the costs of any technical commissioning. The amounts necessary for the performance of the event shall be provided by the customer until the agreed time and according to the agreement/offer.
If the customer invites to the preparation of offers/presentations/concepts, and if HEY-U should not be awarded the contract by the customer and/or the event does not take place, for whatever reason, HEY-U shall be entitled to charging a reasonable commission for the services provided (preparation of offer, calculations, etc.).
The customer shall be entitled to terminate the contractual relation with HEY-U. Any premature rescission of the contractual relation, however, shall obligate the customer to the payment of the agreed fee minus any saved expenses due to the premature rescission of the contractual relation, unless contradicted by other prior contractual relations concluded by HEY-U.
HEY-U shall be entitled to the immediate rescission of the agreement due to important reasons, in particular if the agreed partial payments are not made by the customer despite maturity and the granting of a period of grace of 1 week, or if budgetary payments under the contractual agreements are not made within the agreed term despite a reminder from HEY-U. In this case, HEY-U shall also be entitled to the full payment of the agreed fee, minus any saved expenses due to the premature rescission of the contractual relation, unless contradicted by other prior contractual relations concluded by HEY-U.
If possible, HEY-U offers the customer to take out a sufficient event liability insurance for the event. In any case, the costs for such an insurance shall be charged to the customer as the policy holder.
15. Claims made by HEY-U
The claims made by HEY-U shall be independent of the economic success of the event.
16. Place of jurisdiciton
The place of jurisdiction shall be Vienna. Austrian law of property shall apply exclusively, with the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any contradictory, mandatory legal regulations shall remain unaffected.