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GENERAL TERMS AND CONDITIONS OF BUSINESS

VERSION 2002


Fachverband Werbung und Marktkommunikation
Wiedner Hauptstraße 63
A-1045 Wien
Tel. +43.1.50105.3539
Fax: +43.1.50105.285
E-Mail: werbung@wko.at

Internet: www.FachverbandWerbung.at

 

General Terms and Conditions of Business for Outdoor Advertising

VERSION 2013

 

1. General:
The "General Terms and Conditions of Business" represent an integrated component of every agreement concluded between the Client and the Billposting Company. On placing of an order the Client acknowledges and accepts our "General Terms and Conditions of Business".

2. Confirmation of order:
Orders are only accepted in written form. The acceptance or refusal of an order is always made in writing. Any changes made to orders must also be made in written form. The Contractor reserves the right to refuse orders without giving reasons for doing so.

3. Evaluation of advertising space:
The media billboards, City Lights, poster lights and rolling boards advertising media are all evaluated to terms of the performance parameters of the Outdoor Server Austria (OSA). These measured performance values define the service the Contractor must provide in terms of contacts with the public and also establish the basis of calculation for our booking costs. The Contractor guarantees that these contact requirements will be fulfilled and also the price resulting from them when an order is confirmed. Variations can result here, however, due to the effective amount of the advertising involved.
Furthermore all the poster billboards are sorted on the basis of these performance values into the categories A+, A, B, C, and D and the media City Lights and Poster Lights too in the categories A+, A, B and C. Each category is offered at a different price. The confirmation of order must include the quantity provided in all of the separate quality categories as ordered for each medium.

4. Warranty:
The Contractor guarantees the orderly implementation to schedule of all the billposting and advertising displays. Claims for compensation may only be submitted, and any defects notified, during the advertisement display period. The warranty term is limited to the display period. Any defects must be documented in writing and made known without delay following delivery and acceptance of the agreed service. Any defects which are acknowledged will only be acknowledged, when these refer to reproducible defects. In case of warranty, corrective improvement work shall always take precedence over price reduction or changes. In all cases of justified complaints the defects will be rectified with within a reasonable period of time.
The reversal of the burden of proof pursuant to § 924 AGBG Austrian Civil Code is ruled out, the existence of the defect must be demonstrated by the Client within the handover period.

5. Liability and consequential damages:
Any force majeur such as natural catastrophes, the effects of unusual weather such as severe storms, unusually severe cold and periods of rain etc., shall release the Contractor from any liability. Should it be impossible or unreasonable to provide the service as a result of these circumstances, the Contractor shall be released from the service obligation, while the right to remuneration shall be retained. The enforcement of consequential damages shall be ruled out, except in circumstances where these are caused either intentionally or as a result of serious negligence by the Contractor within the scope of the statutory regulations. This shall apply in particular for the production costs of billboard posters. Liability for a specific level of advertising success is ruled out. The liability for slight negligence is ruled out. The aggrieved party must prove a case of serious negligence.

6. Duration of the service:
The Contractor shall assume no liability that the advertising announcements on the intended objects under the contract are available in uninterrupted operation during the agreed period of time, or that these advertising announcements are visible on an uninterrupted basis. The Contractor shall not be liable to provide a replacement service for any advertising announcements that are damaged or not replaced in good time.
Restrictive interruptions or defects of a temporary nature, of whatever kind and for whatever reason, will not affect the advertising order and will not entitle the client to demand a partial refunding of the remuneration paid for the advertising service, or other forms of compensation or indemnification.

7. Implementation of billboard posters and display advertising:
The Contractor shall be permitted to change the location and the implementation, in the interests of an improved exploitation of the advertising display surfaces, or for optimising the location quality. Changing the position of the billboard posters must not, however, lead to any detrimental effect for the confirmed contacts, or it must at least result in the same or a higher quality category, insofar as the change of position does not result from concrete problems which have arisen, such as the taking down completely or removal elsewhere of the advertising surface, short-term limitations to visibility, etc. In such cases only those contact quantities or categories which have been effectively fulfilled will actually be charged.
 
8. Replacement billboard posters and display advertising:
The billboard posters and advertising material required for display, maintenance and implementation shall be made available to the Contractor by the Client.
The Contractor shall bear no responsibility for an inadequate billposting caused by any inadequacies of the billboard posters.

9. Running period and campaign duration:
A warranty cannot be given for the implementation of the billposting and display on a specific day. Each billposting and display advertising order will be made in line with schedule of the current bill poster calendar, as published by the Austrian  Professional Association of the Advertising and Market Communication Industry and this is an integrated component of the General Terms and Conditions of Business for outdoor advertising.  The prerequisite for this is that the billboard posters including a 15% excess margin delivered on the ordered quantity are delivered on time within the bill poster calendar schedule. The current usual campaign duration is from 2 to 4 weeks. The Billposting Company guarantees that the booked poster will be displayed for the agreed campaign duration, and thus at present from 2 to 4 weeks. The hanging and pasting of the billboard posters will be carried out exclusively by employees of the Contractor or by others whom he entrusts with this task.

10. Colour changes:
No liability can be accepted for any changes in the colours of billboard posters resulting from the use of specific printing inks or as the result of weather influences.

11. Public authority regulations:
The responsibility for the form and content of the billboard posters displayed and also for observing all public authority regulations shall be borne exclusively by the Client. The Contractor has the right to withdraw from a contract which has already been accepted, in cases where the form and content of the billboard posters was unknown to the Contractor at the time of the acceptance of the contract and where these offend against good taste, infringe against public authority regulations etc. In such a case the Client must nevertheless pay the full billposting fee that shall be due.

12. Rejection by the Austrian Advertising Council:
The Contractor reserves the right not to place any advertisements against which objections have been raised by the Austrian Advertising Council (up to and including an immediate stop to a current advertising campaign). For this reason both the refusal of an advertising contract, as also withdrawal from legally accepted orders are possible. In the event of a cancellation of this nature by the Contractor the Client shall be entitled to the legal consequences of cancellation resulting from such a measure as defined under Point 29, at the latest four calendar weeks before the intended start of the intended bill posting; subsequent to this date the Client must pay the full billposting fee. The possibility for the provision of replacement billboard posters in compliance with the schedule in the bill poster calendar under the terms of Point 16 shall remain unaffected by this.

13. Confiscation of billboard posters:
On the confiscation of billboard posters for whatsoever reason, the Client must pay the full billposting fee. Any costs incurred in the removal or pasting over of confiscated billboard posters must be borne by the Client.

14. Refusal by authorities:
Should the placing of an advertisement, or the remaining of it at a specific position meet with a refusal or a discontinuation order from either a public authority or the proprietor of the object where it is displayed, for whatsoever reason, or should the Contractor’s right of disposal over the site where it is displayed be terminated, then all agreements relating thereto will cease to apply. The Client shall have no right whatsoever to compensation, however, in the event of such a case arising - with the exception of the confiscation of billboard posters - any advance payment made against the advertising fee will be returned.

15. Competition exclusion:
Competition exclusions cannot be granted.

16. Billboard poster delivery:
The delivery of the agreed number of billboard posters and replacement billboard posters (15 % of the contract volume) must be in accordance with the bill poster calendar schedule and free of charge, with all customs duty paid and in the case of larger quantities on transport pallets to the shipment address of the Contractor. In the event of a delayed delivery the full running period shall be charged. In a case of this kind a complete contract fulfilment to schedule cannot be assured. The delayed hanging and pasting of the posters which results shall not result in an extension of the running period.

17. Elections and referendums:
The Contractor reserves the right during times when elections are held (local authority, provincial assembly, parliamentary etc.) as also in the case of referendums or similar procedures, to reduce or cancel orders which have already been placed, to the extent that this shall be absolutely necessary and without the Client deriving any claim to compensation from this measure.

18. Exceptional costs:
Costs for exceptional services, e.g. for packaging material, customs clearance, dispatch charges, the sticking of additional strip messages, billposting outside the regular display area, the return of billboard posters that have not been used etc., must be borne by the Client.

19. Transfer of advertising surfaces to third parties:
the sub-letting or transfer of booked advertising surfaces to third parties is not permitted.

20. Collective billboard posters:
A surcharge of up to 200 % can be made for collective billboard posters (billboard posters, which advertise for multiple products and brands or for the services provided by multiple companies).

21. Billboard poster formats:
A pasting sketch is requested for billboard posters above 16/1 sheet format in order to allow a precise implementation of the contract. A surcharge will be made for additional work in pasting and for paper costs for billboard poster formats that are not compliant with either the Austrian standard (O-Norm) or with the order specification.

The following billboard poster formats are applicable as Ö-Norm A 1001 standard:
1/1 sheet 84 x 59.5 cm
2/1 sheet 119 x 84 cm
4/1 sheet 168 x 119 cm
8/1 sheet 238 x 168 cm
16/1 sheet 238 x 336 cm
24/1 sheet 238 x 504 cm
32/1 sheet 238 x 672 cm
48/1 sheet 238 x 1008 cm
72/1 sheet 238 x 1512 cm
Special formats are available by agreement

22. Surcharges for large sized billboard posters:
A 20 % surcharge is made for billboard posters from 8/1 poster sheet size, the smallest parts of which are less than 2/1 sheet, or which require a special pasting procedure. Those billboard posters, which are ordered in portrait format, but delivered in landscape format or vice versa, cannot usually be affixed due to their division. The invoicing for billboard posters as ordered, however, will be in accordance with the order.

23. Paper quality:
All billboard poster orders have as a standard paper quality a wood-free poster paper, smooth on one side and to a weight of at least 100 and at most 115g/m². In the case of transparent poster paper the costs for a sub layer paper will be charged as the costs for additional pasting work.

24. Unused billboard posters:
Those billboard posters which are not used will pass into the ownership of the outdoor advertising company when not specifically agreed otherwise in writing.

25. Survey of the advertising expenditure:
The Contractor has the right to inform appropriate professional institutes that carry out surveys into advertising expenditure in all the classic media, of the number of billboard posters displayed for the Client with data on the formats and the contacts as booked in accordance with OSA, or the quality categories involved for the exclusive purpose of establishing advertising expenditure.

26. Tariffs:
The factors relevant for the calculation are the tariffs applicable at the time of the contract. The right to make changes in these tariffs is reserved at all times. All prices are exclusive of value added tax and statutory advertising tax, payable in advance cash net without an invoice discount. Only those payments made directly to the Contractor shall be acknowledged.

27. Conditions of payment:
The invoiced amount is due for payment without a discount on receipt and within 14 days at the latest (payable to the Contractor’s account as given on the invoice). The Contractor reserves the right, however, on a first order from a new customer to require 100% advance payment of the entire contract amount, due on the placing of an order. In the event of delayed or deferred payment default interest at the bank rate shall be invoiced. On failure to maintain the conditions of payment the Contractor shall have the right of not implementing the contract, or on the setting of a period of grace of 3 days to immediately remove the billboard posters, or to paste over them without a further reminder, in which case payment for the service is due immediately for the extent to which it has been performed. The Client undertakes the obligation in the event of default of payment, to defray the Contractor for all costs and damages incurred as a result and in particular for collection costs out of court. The Contractor shall have the right not to implement the contract or to immediately remove the advertising announcements, or to paste over the billboard posters, in cases where insolvency or composition proceedings have been opened against the Client, or when proceedings of this nature have been rejected due to a lack of funds, whereby payment for the service is due immediately for the extent to which it has been performed.

28. Cancellation conditions:
Orders can be cancelled without the contract fee being charged only at the latest 4 calendar weeks prior to display pasting, as defined under the Austrian bill poster calendar. In cases of a withdrawal from the contract within this period of grace a cancellation fee of 10% (in words: ten percent) of the gross contract sum shall be invoiced without statutory advertising tax. This cancellations fee will be credited to the account of the Client when an order of the same dimensions and to the same conditions is placed within 6 months. The cancellation must be made in writing. The receipt of this letter by the Contractor shall be the determining factor for a timely cancellation. The cancellation notice can be made by post, fax or e-mail. Any production costs which have already been incurred must be paid in full in all cases.

29. Fees for the contract:
Any statutory fees for the contract shall be borne by the Client.

30. Place of fulfilment:
The place of fulfilment and the court of jurisdiction for all the obligations of the two parties  shall be the location of the Contractor’s headquarters.

31. Special points concerning City Lights:
The display posters have a 4 poster sheet portrait format, in one piece of, 118.5x175 cm size. The print format is 117x172 cm, visible surface 115x171 cm (portrait format). The display posters must be delivered as single pieces.
The standard paper quality for a City Lights poster is a coated
offset paper, white, matt, wood-free with a weight of 120 and
at most 140 g/m
² size. Film strip (large slides) can also be used, when of the specified dimensions.
The delivery of the billboard posters must be either flat or rolled – but under no circumstances folded - and this 13 days prior to the display start. Should this day be a public holiday, then 14 days prior to the display start.
The campaign duration shall be one week. The running period shall begin in each case on a Thursday.

Cancellation deadlines:
Orders can only be cancelled without the contract fee being charged only at the latest 4 months prior to placement pasting or the running period. In cases of a withdrawal from the contract within this period of grace a cancellation fee shall be invoiced. This cancellation fee will be 10%
(in words: ten percent) for a withdrawal from contract up to 3 months prior
to the start of the running period, 2 months prior to the start running period 20%
(in words: twenty percent), 1 month prior to the start running period 30%
(in words: thirty percent) and 40% (in words: forty percent),
when the cancelation is made less than 30 days prior to pasting.
The provisions of the General Terms and Conditions of Business shall apply analogously.

32. Data protection:
Survey of the advertising expenditure: the Contractor has the right to inform appropriate professional institutes that carry out surveys into advertising expenditure in all the classic media, of the number of billboard posters displayed for the Client with data on the formats and the contacts as booked in accordance with OSA or the quality categories for the exclusive purpose of establishing advertising expenditure. The customer takes note of the fact that in the context of the business relationship established between the Client and the Contractor such customer-specific data as the titles, the company/name, address, business sector, etc. for the purposes of customer records, the sending of information material and the keeping of accounts relating to the client. The transfer of this data shall be made only in the scope of the keeping of accounts. Any other form of data transfer shall require the express permission of the Client. The personal data of the Client shall only be used or passed on to third parties to the extent that this is permissible under law. The customer agrees to receive information material in future which may also be sent out by electronic means (e-mail, etc.). Use of images and data material: The Contractor shall create photos and films of the advertising media used for purposes of market communication and own advertising. The Client takes note of this fact that in the context that all the displayed subjects and the data material he has made available (e.g. advertising subjects or spots) may be used for this purpose.

33. The specifics of special advertising formats:
Special supplementary terms and conditions of business are provided and apply for special advertising formats.