Maillog Richter & Weiner GmbH

General Terms and Conditions

1. Scope 

The following terms and conditions apply to all contracts, legal transactions, actions, and services concluded with us, unless expressly agreed otherwise in writing - signed by both contracting parties. 

These terms and conditions also apply to the conclusion of future transactions with the customer. 

Any differing terms and conditions of the customer are not binding for us and are expressly not agreed, even if we do not expressly object to them. 

2. General 

We are a hybrid between a forwarding company and a direct marketing company. Accordingly, our range of services includes not only postal and forwarding services but also creative services, lettershop, and marketing consulting. 

Regarding the transports to be carried out, we act only as intermediaries who select carriers and delivery companies with the care of a diligent merchant and assign them the execution of transport and delivery services, so that the conclusion and fulfillment of the transport contract are carried out exclusively with or through them. 

In addition, within the postal and forwarding area, we provide the following services: acceptance of the shipment from the sender, further processing in accordance with the applicable postal regulations, all typical pre-services of the postal service, and handover to a company commissioned by us for further contract-compliant processing. 

3. Offers 

Our offers are binding only in written form and, in the absence of a different validity period in the offer itself, are valid for 14 days from the date of creation. 

Cost estimates are non-binding unless expressly designated as binding.  

Oral offers are non-binding and do not create any obligation for us. 

In the event of discrepancies between our offer and the customer's order confirmation, only the text of our offer is binding, and any deviations from it shall not become part of the contract under any circumstances. 

4. Payment Terms 

Our prices are based on our respective offer or order confirmation and are net without value-added tax. Costs for additional services such as insurance, collection from the recipient, etc., are not included and will be billed separately. Likewise, the costs of any return, for any reason, are not included and will be invoiced separately to the customer. 

In the event of price increases of more than 5% for any of the services used between the submission of the offer and the execution of our services, we are entitled to adjust our prices to the same extent. 

Rechnungen sind innerhalb von 7 Tagen ab Rechnungsdatum ohne Abzug zur Zahlung fällig. Vereinbarungen hinsichtlich oder tatsächlicher Abzug von Skonti oder sonstigen Rabatten werden in keinem Fall akzeptiert oder gewährt. 

In the event of payment default, default interest of 10% per year is agreed upon; any reminder charges and intervention costs will be billed separately. 

The customer is not entitled to set off our claims or to exercise any form of retention unless we expressly agree to such in writing on a case-by-case basis. 

Agreed advance payments and deposits must be transferred in full to our account in advance so that a credit is booked no later than three working days before the first shipping date. 

For non-cash payments, the value date on our account is the relevant payment date. 

5. Shipping/Delivery 

An agreed or promised delivery date is only a non-binding announcement, unless a fixed transaction has been expressly agreed in writing. Accordingly, we are not liable in any way for deviations from the actual delivery date from the announced delivery date. 

In the case of fixed transactions, we are only liable for delivery delays in the event of intent and gross negligence, and only within the scope of the following point 6.  

The choice of the shipping method is at our discretion, and the customer gives his approval in advance. 

We reserve the right to provide services only against advance payment or the provision of full payment, which must be made within seven days of the request. In the event of non-compliance with the deadline, we are entitled to withdraw from the contract without further notice or setting a deadline and to claim any damage incurred by us in the amount of full satisfaction from the customer. 

6. Liability 

The customer is obliged to check a received consignment for external damage immediately upon receipt and, if necessary, to report any damage to the supplier immediately. 

If the customer fails to inspect the goods and/or report any damage, the delivery shall be deemed to have been approved and we shall have no further warranty obligation or obligation to pay damages - if such an obligation exists at all. If the defect is not immediately recognizable during a careful inspection, the customer must send us this notification immediately after the time of first recognizability, otherwise the above-mentioned consequences shall apply. After the expiry of two weeks from receipt, the delivery shall in any case be deemed to have been approved and any assertion of claims under warranty or compensation shall in any case be time-barred. 

In the event of a warranty claim, the customer shall initially only have the right to rectification or supplementation of what is missing or - at our discretion - replacement delivery. The customer shall only be entitled to a price reduction, replacement or rescission after two unsuccessful attempts at improvement if he has granted a sufficiently extended period of grace for improvement in each case. 

Unless otherwise stipulated below, our liability shall be governed by the Convention on the International Carriage of Goods by Road (CMR), whereby Articles 3 and 17 to 29 ("Chapter IV") shall apply to our liability, Articles 7 and 10 shall apply to the customer's liability and conduct, and Articles 30 to 33 ("Chapter V") shall apply to the enforcement of the customer's claims. To the extent that this Convention does not apply due to the absence of a border crossing or for other reasons, the application of the aforementioned articles to the contractual relationship with the customer is expressly agreed. 

Our liability for any kind of damage to the customer is excluded, except in cases of intent or gross negligence. In such cases, any liability for compensation on our part shall be limited to EUR 1,000.00 and the respective current value of the goods. Liability for people and assistants is also excluded to the greatest extent permitted by law, but at least to the same extent as for our own conduct. 

Any claims to which we are entitled against contracted companies due to damage, loss or delay of the shipment shall be assigned to the customer at the customer's request and we shall support the customer to a reasonable extent - but without sharing costs of any kind whatsoever - in enforcing its claims. 

Insofar as material of any kind, in particular data or information, is provided by the customer, the customer shall be liable for proper quality and 

suitability of this material for the intended purpose (in particular suitability for shipping and transportation) and that it is not dangerous or hazardous goods within the meaning of national and international postal regulations. The obligation to give notice of defects pursuant to § 1168a ABGB is expressly excluded for material provided in this way. 

If this material to be provided by the customer is not sent to us at the agreed time or at the time resulting from the nature of the order or fulfillment date, any kind of warranty, compensation or liability on our part is excluded for the consequences resulting from this delay. Insofar as third parties assert claims against us as a result, the customer is obliged to indemnify and hold us completely harmless in this respect. 

Furthermore, the customer is obliged to check for any infringements of third-party rights to this material and to any immaterial items provided, such as texts, photos, graphics, etc., and to obtain the permission of the authorized party if necessary. 

The customer shall be liable to us for the entire damage caused to us by breaches of 

The customer shall be obliged to indemnify and hold us completely harmless in this respect. 

7. Fulfillment 

The place of fulfillment for all reciprocal claims and services between us and the customer is exclusively the headquarters of our company. 

Our services shall be deemed to have been rendered as soon as we have transferred the goods handed over by the customer to a company commissioned by us for further processing in accordance with the contract after the agreed advance services have been rendered. Our obligations are then fulfilled and we are entitled to the full remuneration, unless an earlier date has been contractually agreed. 

The services of the company commissioned by us shall be deemed to have been rendered as soon as it offers them at the agreed location or has them offered by third parties that it uses for fulfillment, or such an offer is not possible due to circumstances within the sphere of the customer, such as absence or refusal. All obligations of the commissioned company are thereby fulfilled and all risk is transferred to the customer. 

8. Intellectual property rights 

All creative services provided by our employees are exclusively our intellectual property and all related copyrights and industrial property rights remain with us. The customer shall only be granted a non-transferable right of use to the extent that this is absolutely necessary for the fulfillment of our order. 

For infringements of our intellectual property rights, a contractual penalty of EUR 10,000.00 per day of the duration of the infringement, but at least EUR 50,000.00 per individual case, not subject to judicial mitigation, is agreed. 

9. Applicable law 

Für sämtliche Rechtsverhältnisse und Ansprüche zwischen uns und dem Kunden gilt – unbeschadet der Ausführungen im Kapitel 6. hinsichtlich Anwendbarkeit der CMR – ausschließlich materielles österreichisches Recht und österreichisches Verfahrensrecht; dies – sofern rechtlich zulässig – unter Ausschluss bi- und multilateraler Abkommen, des UN-Kaufrechts und des europäischen Gemeinschaftsrechts. Bei Vorliegen der entsprechenden Voraussetzungen ist das Warschauer Abkommen jedoch anwendbar. 

Insofar as we provide our own transportation services, the General Austrian Forwarding Conditions (AÖSp) - insofar as they do not contradict these GTC or an individual contractual agreement - are also expressly agreed as an integral part of the contract in the version applicable at the time the contract is concluded. 

10. Jurisdiction 

For all legal disputes between the customer and us, the jurisdiction of the District Court of Liesing/Vienna, the District Court for Commercial Matters in Vienna or the competent Court of First Instance in Vienna is exclusively agreed, depending on the subject matter jurisdiction. 

11. Severability clause 

Should one or more provisions of these terms and conditions be or become invalid or violate mandatory law, this shall not affect the validity and applicability of the other provisions, which shall remain valid and bindingly agreed. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision. 

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