These general business terms and conditions apply to all legal transactions that are concluded with the company WMS WebMediaSolutions GmbH (FN 385919d). Conditions of the client, also synonymously referred to below as “customer”, are not applicable even if the customer refers to this in the context of his order and we (= contractor) do not object to this. It is understood that agreements or promises deviating from these terms and conditions apply only if they are made in writing.
In the following, the term “system” is used synonymously and refers to all hardware or software supplied by us.
If a system malfunctions, the customer reports the failure. The acceptance of fault reports is possible from Monday to Friday (except public holidays) from 8 am to 4 pm. The system is first checked remotely by the contractor and an error limitation carried out. This requires a functioning internet connection, a properly configured router / firewall and the proper functioning of your possibly involved private network. Only when it has become clear through our defect limitation that there is a malfunction in our area of responsibility, will the facility be regarded as disturbed from this point in time. The defective components are replaced by working ones and, if necessary, reconfigured. If the replacement is easy to implement, the components are shipped to the client and should be replaced by him.
The defective components need to be returned immediately to the contractor. The duration of the warranty is one year. If the failure does not lie within the area of responsibility of the contractor, the costs incurred will be charged to the client. The latter also applies if it turns out only during the course of the troubleshooting that the error was not in the contractor’s sector. Configuration changes are also charged according to effort.
The client is obliged to provide free assistance with work (eg installation, maintenance, fault clearance, fault or defect rectification). For the execution of work, we have delay and free access, material and tool transport to the installation sites to allow and possibly necessary aids (eg special vehicles, ladders, cranes, scaffolding, cable cars, elevators, aircraft including possibly necessary operating personnel) to provide. Under extreme external conditions (eg precipitation or strong wind) no work can be done as components and gauges can be damaged.
All deliveries and services are carried out during the day from Monday to Friday (excluding public holidays). The client ensures by appropriate barriers that during and after work no property or personal injury can occur.
The customer is responsible for adequate earthing and lightning protection. If an offer does not explicitly include electrical installation work for commissioning a system, the client (customer) authorizes us in his name and on his account to commission a licensed electrical company to carry out on-site installations. The costs for the installation of the necessary cabling and the assembly of the respective components are charged by the client directly according to effort and material requirements.
For the calculation a usual hourly wage for electrical engineers is used.
We are not liable for lost profits or other financial losses of the customer.
The hardware and software supplied must not be manipulated. Manipulations also include changes to the configuration or program code. Only solutions that are expressly declared as mobile solutions in the offer may be changed by the client. In terms of infringement, not only will the warranty and product liability expire, but also a right of recovery. Unless otherwise agreed, administration passwords will only be issued if there is no maintenance contract and no warranty claim is made. Servers can only be configured and maintained by us.
We reserve the right to use custom developments for other purposes unless expressly agreed otherwise for exclusive use (e.g., in a particular location or for a particular purpose).
All documents made available to the customer remain our property. Only the right to its own designated use is granted. In particular duplication and passing on of such documents are forbidden.
Internal details, plans, and software and hardware interfaces of delivered equipment may only be disclosed to third parties with our written approval.
Installations are considered accepted once they have been tested by us as functional. If systems cannot be put into operation because of missing customer requirements (for example, power supply, Internet connection, mounting options, necessary specifications or structural requirements), the entire purchase price is due as soon as we can deliver the material completely. Systems with web, photo or panorama cameras and / or weather stations are in any case considered as accepted, if the pictures, weather values (if subject of the contract) as well as other ordered special functions in the intended target medium (web, cable TV, display, printer) are visible. This ensures the functionality of the system. Unless otherwise agreed, installations are designed for exclusive use at the agreed installation location and are not intended for resale.
We reserve the right to cite content that is intended for public media (e.g., Internet or cable TV) as a reference and to display or link to content. This does not entitle the customer to any claims against us. If this is not desired on the part of the customer, we must be informed in writing
Unless otherwise agreed, all data transfer is at the expense of the client. Required transmission media are to be provided according to our specifications. The client is responsible for the regular control of tariffs and contracts, transferred data volume, online or transmission time and resulting costs.
The client ensures that the use of our products and services cannot give the impression that they could come from a competitor.
If delivered products were manufactured, installed or mounted according to drafts or instructions of the customer, the latter holds us against his claims or claims of third parties, which are based on any rights (eg protection and copyright), duties (eg liability), laws or conditions could be made, without complaint and hold harmless.
We reserve the ownership of the delivered goods until complete payment of the resulting purchase price, including installation and commissioning costs. Unless otherwise agreed in writing, the payment of our deliveries and services is due immediately upon receipt of the invoice.
In the event of late payment default interest in the amount of 12% p.a. is charged. Unless otherwise agreed, half of the system costs (without installation) will be charged as a down payment. Default of payment of the client provides us with no further reminder of the fulfillment of services, such as completion, warranties, hosting, maintenance, interference suppression or operation of equipment and allows us to put them out of service and / or terminate existing contracts. Claims for damages on the part of the customer due to equipment shut down in this connection are inadmissible. In the event of default of payment, we reserve the right to offset credits or advance payments against outstanding claims, even if these are not related to the contract. The customer is prohibited from compensation unless we expressly agree to a counterclaim.
If the customer violates one or more provisions of these buisness terms and conditions, we may wholly or partially suspend existing contracts with the customer, or contracts resulting from or related to the respective legal transaction.
Should one or more provisions of these terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed to be replaced by one that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.
Offers are valid for 4 weeks. All amounts are net, plus 20% VAT.
Complaints to systems must be reported to us in writing immediately after receipt of the goods.
For all legal disputes, the jurisdiction of the district or regional court Klagenfurt is expressly agreed. Furthermore, the domestic jurisdiction (Republic of Austria) and the application of Austrian law are expressly agreed.
Current status: October 2010