General terms and conditions
As of March 2025
§ 1 Scope
The following general terms and conditions apply exclusively to all business transactions of Eighteen Grad GmbH (hereinafter “eighteen degrees”), in particular for its deliveries and services, unless otherwise agreed in writing. In the following general terms and conditions, the contract partner of eighteen degrees is referred to as “customer”, eighteen degrees and the customer individually also as “party” and together as the “parties”.
The customer's general terms and conditions do not apply even if the customer refers to them in connection with his order or assignment and eighteen degrees does not object to them. Commitments, ancillary agreements and amendments or additions to the general terms and conditions must be made in writing. This also applies to an departure or a change in the written form requirement.
Eighteen Grad reserves the right to amend these general terms and conditions as a result of new technical developments, changes in legislation or case law, or for other equivalent reasons. Changes will be notified accordingly to the customer at least four weeks in advance. If the customer does not object to these changes within four weeks of submission of the notification, the contractual relationship will continue on the basis of the amended general terms and conditions. If the customer objects to the amended general terms and conditions, eighteen degrees has the option of terminating the contract for good cause in accordance with § 5 paragraph 2.
§ 2 Offer, Conclusion of Contract, Delivery and Services
Offers of eighteen degrees are subject to change and non-binding. A contract is only concluded with a written order confirmation of eighteen degrees, at the latest upon acceptance of the delivery by the customer. Unless otherwise expressly agreed in writing, cost estimates are non-binding.
Cost estimates are subject to payment. A fee paid for the cost estimate is credited when an order is placed on the basis of this cost estimate.
The cost estimate is prepared to the best of our knowledge, but no guarantee can be given as to its accuracy. If there are cost increases of over 15% after the order has been placed, Eighteen Degrees will immediately inform the customer. Inevitable cost overruns of up to 15% can also be calculated without separate information.
The content and scope of the services owed by Eighteen Degrees are derived from the order confirmation of Eighteen degrees without other written agreements.
Reasonable partial deliveries are permitted and can be invoiced separately.
Eighteen degrees reserves the right to make product changes, in particular as part of further developments, provided that the agreed performance data are achieved.
Delivery dates are non-binding, unless they are expressly agreed as binding in writing. In any case, eighteen degrees is only in default if the delay of eighteen degrees is due, the payment is due and the customer has set an appropriate written grace period of at least 30 days without success.
Delivery dates are extended by eighteen degrees in the event of disruptions due to force majeure and other events for which eighteen degrees are not responsible, such as disruptions in self-delivery by suppliers, strikes, lockouts, operational disruptions, etc. Eighteen degrees reserves the right to withdraw from the contract if the delay in performance caused by such events lasts longer than six weeks.
In the event of negligence, the customer's claim for compensation due to delay in delivery is excluded, otherwise limited to the amount of foreseeable damage, but not more than 5% of the delivery value affected by the delay in delivery.
If the customer refuses the required acceptance, he bears the price risk. In this case, eighteen degrees is entitled to store the goods at the customer's name, risk and expense and may freely dispose of the goods after a reasonable period of acceptance — without losing the right to payment of the purchase price.
§ 3 Customer's obligations to cooperate
The customer will provide Eighteen Grad with all information and documents required to provide the service in a timely and complete manner. The customer will inform Eighteen degrees of all circumstances that are important for the execution of the order, even if he only becomes aware of them during the execution of the order. Costs that arise eighteen degrees due to the fact that she has to repeat work due to incorrect, incomplete or subsequently changed information provided by the customer, or as a result of any delays, are borne by the customer.
§ 4 Prices and Payment Terms, Retention of Title, Indexation
The prices are based on the order confirmation of eighteen degrees or from the currently valid price list. Invoices are due immediately upon receipt without deduction. For extensive projects, eighteen degrees may require down payments or phased payment plans, which are defined in the respective order confirmation. Should the customer be in default with a payment, eighteen degrees reserves the right to suspend further services until full payment has been received. In the event of late payment, reminder fees and interest may be charged. Eighteen degrees reserves title to delivered goods until full payment has been made.
§ 5 Cancellation options
Contracts with an indefinite term can be terminated with a notice period of three months to the end of the quarter. Services already provided or projects started must be paid in full regardless of termination. Terminations for good cause are possible with immediate effect if the customer significantly breaches his contractual obligations.
§ 6 Warranty and liability
Eighteen degrees guarantees that the contract products are not subject to significant defects. Creative services such as designs, campaigns and texts are subject to subjective evaluation and are not covered by the classic warranty. Complaints based on personal taste preferences do not constitute a defect. Improvements or replacements are carried out at the option of eighteen degrees. Liability for subsequent damage or loss of profit is excluded.
§ 7 Property rights, copyrights and rights of third parties
The customer guarantees that content provided is free from third-party rights and releases eighteen degrees from any liability should there be violations of rights as a result of the content provided by the customer. Eighteen Grad assumes no audit obligation and is not liable for violations of these rights by the customer.
§ 8 Jurisdiction and final provisions
The place of jurisdiction for all disputes is the competent court in Vienna. The parties mutually commit themselves to confidentiality with regard to all information and trade secrets obtained as part of the business relationship. In addition, both parties agree not to recruit any employees of the other party or to employ them directly or indirectly in their own or other companies. This obligation is valid for the duration of the cooperation and for a period of two years after its termination. These terms and conditions are subject to change and will be notified to the customer in good time.
These general terms and conditions come into force as of December 2024 and are valid until revoked or amended.