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GENERAL TERMS AND CONDITIONS OF BUSINESS FOR OUTDOOR ADVERTISING
VERSION OF 2002
Fachverband Werbung und Marktkommunikation
Wiedner Hauptstraße 63
A-1045 Vienna
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 OF 2002
1. General: The “General Terms and Conditions of Business“ form an integral part of all agreements concluded between the client and the billposting company. By placing an order, the client confirms that he has read, and accepts, the “General Terms and Conditions of Business“.
2. Order confirmation: Orders are accepted only in written form. Acceptance or rejection will be notified in writing. Any changes to orders must also be made in writing. The contractor reserves the right to refuse orders without giving reasons.
3. Billboard categories: Billboards rated by Austrian Billboard Rating (PWÖ) are assigned, on the basis of their rating, to one of the following categories: Standard, Select, Top, Star, Star Plus and Superstar. Each category is offered at a different price. The order confirmation must include the number of posters reserved in each quality category.
4. Guarantee: The contractor guarantees that posters will be displayed satisfactorily and by the agreed time. Claims for compensation may only be submitted, and any defects notified, during the display period. The guarantee period is limited to the period during which posters are displayed. Any defects identified must be notified in writing immediately after delivery of the agreed services and supply and the acceptance thereof. Notifications of defects will only be accepted if they relate to reproducible defects. In the event of a guarantee claim, priority will in all cases be given to remedying defects rather than to price reductions or cancellation. Where a notification of defects is justified, the defects will be remedied within a reasonable time.
The burden of proof may not be reversed as provided for in Art. 924 of the Austrian Civil Code; the client will be required to prove that the defect existed at the time of delivery.
5. Liability and consequential loss: in the event of force majeure, such as natural disasters, exceptional weather conditions such as periods of storms, cold or rain and so on, the contractor will be exempted from all liability. No claims can be brought in respect of consequential loss except – on the basis of the statutory regulations - where defective performance by the contractor is due to malice aforethought or gross negligence. This applies in particular to poster production costs. No liability can be accepted for any specific advertising outcome. No liability can be accepted for minor negligence. Gross negligence must be proven by the party which has incurred loss.
6. Period of operation: The contractor cannot guarantee that the installations on which the advertisements are displayed, in accordance with the order, will remain operational continuously throughout the agreed period or that the advertisements will be continuously visible. The contractor will not pay compensation for any advertisements which are damaged or not changed in due time.
Restrictions and interruptions 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 refund of the remuneration paid for the advertising service, or other forms of compensation or indemnification.
7. Resiting of posters: In order to achieve better use of display surfaces or to optimise the quality of the display location, the contractor is permitted to change locations within the Standard, Select and Top categories and to resite posters. Posters must be resited within the same category or a higher category. In the Star, Star Plus and Super Star categories, resiting is only permitted in the event of specific problems, such as erection or adaptation of the advertising installation, short-term visibility restrictions, etc.
8. Spare posters: The client must provide the contractor with the posters required for posting, maintenance and resiting.
The contractor will not be responsible in the event of imperfect display due to defects in posters.
9. Duration and display period: No guarantee can be given that posting will be carried out on a given day. Each posting order will be carried out on the dates specified in the current posting calendar published by the trade association Fachverband Werbung und Marktkommunikation, which forms an integral part of the General Terms and Conditions of Business for Outdoor Advertising. This is conditional on the posters being supplied, together with a 15% surplus, punctually by the agreed delivery dates as per the posting calendar. The normal display period is currently between 2 and 4 weeks. Billposting companies guarantee that each poster for which space is reserved will remain displayed for at least the agreed display period, currently 2 to 4 weeks. Posting will be carried out exclusively by the contractor’s employees or agents.
10. Colour changes: No liability can be accepted for changes in the colour of posters due to the use of particular printing inks or weather conditions.
11. Official regulations: The client alone is responsible for the form and content of the posters and for compliance with official regulations. The contractor is entitled to withdraw from an order which has already been accepted if the form and content of the posters were not known to the contractor at the time of acceptance and are contrary to morality or infringe official regulations, etc. In this case, the client will nonetheless be obliged to pay the full posting charge.
12. Rejection by Austrian Advertising Standards Authority:
In case Austrian Advertising Standards Authority, for whatever reason,
objects to advertising activities, Ankünder reserves the right to cancel the posting (including the immediate stop of a posted campaign). In such a case Ankünder can decline an order or resign an effective order. If this is the case for Gewista withdrawing from the order, the client is entitled to cancel the order not later than four weeks before the official posting is to commence according to item 29 with the statutory consequences listed in item 27; after this period, the client must pay the full posting fee. The option of providing a replacement poster in accordance with the schedules of the poster calendar as outlined by item 16 unaffected.
13. Confiscation of posters: If posters are confiscated, for whatever reasons, the client will be required to pay the full posting charge. The contractor will be required to pay any costs incurred in removing or covering over the confiscated posters.
14. Refusal by the authorities: If permission to display, or continue to display, the advertisements is refused or withdrawn, for whatever reason, by the authorities responsible or by the owner of the advertising installation or if the contractor’s right to dispose of the advertising installation ceases, all agreements relating thereto will cease to apply. In this case, the client will not be entitled to any compensation, but any proportion of the advertising fee which has been paid in advance will be refunded, except in cases where the posters have been confiscated.
15. Exclusion of competitors: The exclusion of competitors cannot be granted.
16. Delivery of posters: Delivery of the agreed number of posters and spare posters (15 % of the order volume) must be made in accordance with the dates specified on the billposting calendar, carriage and customs paid and, in the case of large quantities, on pallets to the contractor’s warehouse. In the event of late delivery, the full duration will be charged for. In this case, punctual and complete fulfilment of the order cannot be guaranteed. If this results in posting being delayed, the duration will not be extended.
17. Elections and referenda: The contractor reserves the right to reduce or cancel orders placed, insofar as is absolutely necessary, in the event that elections (local, provincial, and national, and so on) or referenda or similar electoral events are held. This will not entitle the client to bring any claim for compensation.
18. Extraordinary costs: The client will be required to pay the cost of special supplies or services such as packaging materials, customs, despatch costs, affixing additional strips, posting outside the regular billposting circuit, returns of unused posters and so on.
19. Subletting of advertising space: Advertising space which has been reserved may not be sublet or transferred to third parties.
20. Combined posters: For combined posters (posters advertising more than one product or brand, or the services of more than one company) a surcharge of up to 200 % may be levied.
21. Poster formats: For posters in 16 sheet or larger formats, a display sketch is requested, to enable the order to be fulfilled accurately. For poster formats which do not conform to the dimensions or ‘Ö-Norm’ standards or the order specifications, an additional charge to cover posting and paper costs is liable to be levied.
The following formats apply as per the A 1001 ‘Ö-Norm’ standard:
1 sheet 84 x 59.5 cm
2 sheet 119 x 84 cm
4 sheet 168 x 119 cm
8 sheet 238 x 168 cm
16 sheet 238 x 336 cm
24 sheet 238 x 504 cm
32 sheet 238 x 672 cm
48 sheet 238 x 1008 cm
72 sheet 238 x 1512 cm
Special formats by agreement.
22. Supplementary charges for large-format posters: For posters in 8 sheet or larger formats which consist of parts smaller than 2 sheet or require special posting, a supplement of 20 % will be charged. It will not normally be possible to display posters ordered in portrait format but delivered in landscape format or vice versa, owing to considerations of surface allocation. The posters ordered will however be billed for as per the order.
23. Paper quality: All poster orders assume standard quality, wood-free poster paper with one gloss surface and a weight of at least 100 but not more than 115g/m2. For translucent poster paper, the cost of underlay paper will be charged in the form of additional posting costs.
24. Unused posters: Unless explicitly agreed otherwise, unused posters will become the property of the outdoor advertising company.
25. Advertising costs surveys: The contractor is entitled, for the sole purpose of advertising costs surveys, to inform the relevant institutions which carry out such surveys of advertising costs in all the classic media, of the number of posters posted for the client, indicating the format and the quality category reserved, as classified by PWÖ.
26. Data protection: The following information: title, name and address will be stored in connection with the business relationship between client and contractor, for the purposes of customer records, the sending of information material and the keeping of accounts relating to the client. The data referred to will be transmitted only in connection with payment transactions. Any other form of transmission requires the client’s specific consent. The client’s personal data will only be used and communicated insofar as is legally permissible.
27. Advertising Charges: Invoicing is based on the scale of charges in force at the time when the order is executed. The right to alter these charges at any time is reserved. All prices exclude VAT and advertising tax and are payable net cash, without discounts, in advance. Only payments made directly to the contractor will be taken into account.
28. Payment terms: In the event of default or deferred payment, default interest at bank rates will be charged. In the event of non-compliance with the payment terms the contractor is entitled not to execute the order or to remove or cover over the advertisement immediately after setting a 3-day extension period, without any further extension. In this case the charge due for the service – to the extent that it has been provided – will be payable immediately. In the event of default, the client undertakes to reimburse the contractor for the resulting loss, and in particular for the costs incurred in the process of extrajudicial collection.
29. Cancellation terms: Orders can only be cancelled without charge up to 4 calendar weeks before the start of posting as defined by the Austrian Billposting Calendar. For order cancellations after this deadline, a cancellation fee of 10% (in words: ten per cent) of the gross order value, excluding advertising tax, will be charged. This cancellation fee will be credited against an order of the same volume and on the same terms, if executed within a period of 6 months. Cancellation must be effected in writing. The date of cancellation will be deemed to be the date when this written advice of cancellation is received by the contractor. Advice of cancellation may be sent by post, fax or e-mail.
30. Fees associated with the contract: Any statutory fees associated with the contract will be paid by the client.
31. Place of performance: The place of performance and place of jurisdiction for all obligations of both parties is the locality of the contractor’s registered office.
32. City Light: Posters are in 4-sheet portrait format, one-piece, 118.5x175 cm. The print format is 117x172 cm, visible surface 115x171 cm (portrait format). Posters must be delivered in one piece.
City Light is reserved in networks. Selection or reservation in billboard categories, as indicated in Point 3, is not possible.
The standard paper quality for a City Light poster is coated offset paper, white, matt, wood-free, with a weight of at least 120 but not more than 140 g/m2. Vinyl film (large transparencies) can also be used if of the size indicated above.
Posters must be delivered flat or rolled – but under no circumstances folded - 13 days before the start of posting (or 14 days if this date falls on a public holiday).
The display period is one week. The duration begins, in each case, on a Thursday.
Cancellation deadlines:
Orders can only be cancelled without charge up to 4 months before the start of the display period/duration. In the event of cancellation after this deadline, a cancellation fee will be charged: for order cancellations up to 3 months before the start of the agreed duration, 10% (in words: ten per cent), 2 months before the start of the agreed duration 20% (in words: twenty per cent), 1 month before the start of the agreed duration 30% (in words: thirty per cent) and, if the order is cancelled less than 30 days before the start of posting 40% (in words: forty per cent).
For all other matters, the General Terms and Conditions of Business apply by extension.
The above General Terms and Conditions of Business for Outdoor Advertising should be regarded as non-binding under Art. 36 of the Cartel Act. |
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