Terms and Conditions
for the delivery and installation of 4media products
1.1. S.A.M.S. is a clamping frame system from 4media Werbeproduktionen GmbH (hereafter “4media”) for mounting truck advertising space. These General Terms and Conditions (GTC) apply to the sale and assembly of S.A.M.S. as well as associated advertising banners and for other services of 4media in connection with S.A.M.S. towards the customer.
2. Conclusion of contract, terms of delivery
2.1. All offers from 4media are non-binding and remain valid for 21 days from the date of the offer, unless otherwise agreed in writing. The sending of a price list by 4media does not count as an offer.
2.2. A contract with 4media is formed when 4media accepts a customer’s order in writing. Orders, even if they refer to general offers, circulars or price lists, do not oblige 4media to accept them.
2.3. The place of performance is the registered office of 4media.
3.1. All prices are in euros and apply – unless otherwise agreed in writing – ex works, including packaging but excluding statutory sales tax.
3.2. The separate charging of transport costs takes place at the prices that are valid on the day of the respective shipment.
3.3. Even after the customer has accepted the offer, 4Media remains entitled to adjust the prices of products that consist entirely or partially of raw materials with strongly fluctuating world market prices to new market conditions.
3.4. All prices are valued with the CPI 2020 or an index that takes its place. The adjustment is made annually on January 1st. with the last index value published at that time. This valorization does not prevent 4media from calculating prices for new offers independently of this index.
4. Terms of Payment
4.1. Unless otherwise agreed, the purchase price will be charged in the following partial amounts and is due promptly after invoicing:
- 30% on order
- 70% upon delivery
4.2. Payment is deemed to have been effected on the day on which the amount is credited to 4media’s account.
4.3. All payments must be made by bank transfer to the 4media account specified on the invoice. Cash payments are excluded. The customer bears the expenses of money transactions without exception.
4.4. In the event of a delay in payment, all of 4media’s claims against the customer that are not yet due at this point in time become due immediately. Default interest is 9% p.a. from the outstanding claim. Furthermore, the defaulting customer has to pay all dunning, collection, collection, information and
bear legal fees. Claims for damages to which 4Media is entitled due to non-performance of the contract by the contractual partner remain unaffected. General Terms and Conditions 4media as of April 2022 page 2 of 4
4.5. The customer has no right of retention. In particular, he may not refuse or delay payment because of any notices of defects. The customer is also not entitled to offset against his own claims.
4.6. If bankruptcy proceedings are initiated against the customer’s assets or an application for bankruptcy is rejected due to insufficient assets to cover costs, 4media is entitled to call in all open claims and to withdraw from open delivery contracts without suffering a loss of entitlement.
5. Retention of Title
5.1. All delivered goods remain the property of 4media until the purchase price has been paid in full, including all expenses (transport costs, etc.). This does not affect the transfer of risk to the customer when the goods are handed over to a freight forwarder or carrier.
5.2. 4media is entitled to demand the immediate return of the delivered but not yet fully paid goods if the customer does not meet his payment obligations on time and in full, bankruptcy proceedings are opened against the customer’s assets, an application for the opening of bankruptcy proceedings is rejected due to insufficient funds to cover costs the customer actually stops making payments or if the customer approaches his creditors to complete an out-of-court restructuring.
5.3. The costs arising from the assertion of 4media’s rights from the retention of title shall be borne by the customer
6. Customer’s Duty to Cooperate
6.1. For assemblies on site and in the customer’s business area, the customer must contribute everything necessary in his sphere to ensure a rapid and high-quality assembly of S.A.M.S. allow on the vehicles. The customer must therefore ensure the following requirements in particular:
6.1.1. Clean, dry mounting surfaces
6.1.2. If the conditions at the agreed time of assembly outdoors in terms of temperature (5-28°, direct sunlight) and humidity (max. 50%) make professional and proper assembly impossible, an assembly hall is required.
6.1.3. If several vehicles are assembled on the customer’s premises, the customer’s own driver must be provided to maneuver the vehicles.
6.1.4. The assembly dates must be strictly observed. If the vehicles are not cleaned and ready at the agreed assembly location on the agreed date, the waiting times or additional journeys will be charged at the current 4media rates.
6.1.5. For the assembly of S.A.M.S. Covered parking spaces are to be provided.
6.1.6. The assembly surfaces of the vehicles must be cleaned and dry at the time of assembly.
6.1.7. The vehicle body must not have any “wavy” or “warped” outer surfaces at the bonding points, otherwise the profiles of the base frame cannot be bonded.
6.1.8. The surface quality must be suitable for the long-term stability of the bond. On the one hand, different materials (e.g. thermoplastics) or pre-painted surfaces can be unsuitable for assembly.
6.2. If the products of 4media are to be installed on objects other than vehicles, the installation conditions are agreed separately for the specific object.
General Terms and Conditions 4media as of April 2022 page 3 of 4
7.1. 4media guarantees the proper functionality of S.A.M.S for a period of three years if all of the regulated conditions are met.
7.2. In the event of an injury, even just one of the persons mentioned in point 6.4. Regulated conditions expire all guarantee, warranty and / or claims for damages against 4media.
7.3. Requirements for extending the warranty for S.A.M.S. according to point 6.2.:
7.3.1. Assembly of S.A.M.S by 4media or a partner certified by 4media;
7.3.2. Use of advertising banners produced by a printer certified by 4media;
7.3.3. Assembly of the advertising banners by 4media or a partner certified by 4media;
7.3.4. Repair of S.A.M.S after damage by 4media or a certified partner.
7.3.5. The S.A.M.S systems must be verifiably checked, serviced and maintained annually by 4media or a certified partner, as well as confirmed by an inspection sticker.
7.4. For the documentation of the perfect assembly in the sense of point 6.4. hires 4media
Online tool available on which the customer has to enter all subsequent modifications, repairs and banner changes.
7.5. The customer is obliged to immediately and fully inspect the delivered and assembled goods. Complaints must be made in writing by email within 24 hours. After this period has expired, the goods or the assembly shall be deemed to have been accepted without any problems.
7.6. In the event of a guarantee or warranty claim, 4media has the choice of improving or providing a replacement.
A price reduction is excluded. In the case of a replacement delivery or improvement under the guarantee or warranty, no new period begins to run.
8. Liability including product liability
8.1. 4media is not liable for damage caused by slight negligence. Liability for consequential damage, direct or indirect damage and loss of profit is also excluded in the event of gross negligence. The burden of proof for fault lies with 4media
8.2. If, during the legally required inspection of the vehicle for its roadworthiness, errors or damage to the SAMS system are noticed, these must be reported to 4media immediately.
8.2.1. 4media is not liable for personal injury or damage to property if this is even partially due to incomplete or improper compliance with paragraph 8.2. are due. The customer bears the burden of proof for any contributory negligence on the part of 4media.
9. Intellectual Property
S.A.M.S is trademark and patent protected. Trademarks on the goods delivered by 4media may not be changed, damaged or made unrecognizable. The customer must acquire license rights from 4Media on the basis of a separate agreement.
10. Code of Conduct
10.1. 4media’s business activities are honest, fair and transparent. Compliance with legal regulations and ethical principles is a matter of course for 4media. 4media also expects the same from its customers. In addition, climate and environmental protection are important concerns for 4media.
10.2. 4media rejects corruption and bribery in every respect. In business contact with 4media, the customer will therefore refrain without exception from demanding, accepting, offering or granting any benefits or other benefits that are illegal and/or contrary to good morals and/or fair competition.
10.3. Violation of the provisions of this code of conduct is an important reason that entitles 4media to terminate the contract with immediate effect. Delaying the termination of the contract for a longer period of time does not constitute a waiver of the reason for termination.
10.4. The customer is liable to 4media for all disadvantages and bears all additional costs that 4media incurs as a result of the violation of the provisions of this code of conduct and/or the justified termination of the contract.
11.1. The customer is obliged to keep confidential all information and data about 4media that is not publicly known and that becomes known to him through the order placed with 4media, unless he has been released from his obligation in writing by 4media in individual cases. The customer may
use information that has become known to him exclusively for the purpose of executing the contract with 4media.
11.2. The customer must only use such employees and vicarious agents who have been expressly committed in writing to secrecy in accordance with these GTC.
11.3. The provisions regarding confidentiality and data protection continue to apply indefinitely even after the contractor has completed the order and the termination of all contractual relationships.
12.1. The customer and 4media will only mutually process the personal data of their employees in strict compliance with the GDPR and the Austrian Data Protection Act (DSG).
12.2. The customer agrees for himself and his employees that his/her personal data will be processed by 4media for the purposes of contract initiation, contract implementation and to ensure the fulfillment of the contract and passed on to affiliated companies. In the
If there is any doubt, a storage period of 5 years after completion of the last contract fulfillment is considered appropriate.
12.3. Reference is made to the data protection declaration of 4media (available at www.4media.at).
13.1. The customer’s general terms and conditions are hereby expressly rejected if they conflict with the content of 4media’s general terms and conditions. Agreements deviating from these General Terms and Conditions require the signature of 4media to be effective.
13.2. Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules of international private law is excluded.
13.3. The exclusive place of jurisdiction for all disputes between 4media and the customer is
Vienna, inner city.
Wiener Neustadt in April 2022