ARTEX ART SERVICES

GENERAL TERMS AND CONDITIONS

1) Property Proviso

All goods delivered by ARTEX Art Services GmbH remain the property of ARTEX Art Services GmbH until all money claims, resulting from the respective order or sales contract, have been settled.

2) Extension or Alteration of Order

In the field of fine art exhibition services, flexibility and non-bureaucratic order processing is of great importance. In many cases, due to the requirement of a quick call for action, it may not always be possible to place an order in writing. Therefore ARTEX Art Services GmbH issues a confirmation of performance every day in order to document accurately any extension and/or alteration of order. These performance confirmations include, apart from regular and required overtime hours worked on the day of issue, complete materials lists and notes of extensions and/or alterations of orders requested by the client. These performance confirmations are to be signed by an agent known to and authorized by the client. In case the agent is not available at the end of a working day, the signing of the performance confirmation should be done as soon as possible thereafter. In such a case records kept by ARTEX Art Services GmbH form the only legal basis, unless the opposite can be proved.
Payment for extensions or alterations of orders is based on the rates quoted in the original order, unless something to the contrary has been agreed upon. If extensions or alterations of orders accrue over time, article 3) applies.

3) Overtime

Unless agreed otherwise ARTEX Art Services GmbH does not charge extra for overtime when executing an order. But in cases where the execution of additional orders or order alterations/extensions within a given deadline can only be accomplished by exceeding regular working hours (as established by the collective labor agreement of the occupational group ‘Marketing and Communication’), ARTEX Art Services GmbH will charge an additional fee, for after hours, of 50%, and for extra hours during nights and Sundays or Holidays an additional fee of 100%.

4) Payment Conditions

It is not possible to charge counterclaims against fees invoiced by ARTEX Art Services GmbH. Invoices presented by ARTEX Art Services GmbH are payable within 10 days without any deductions or charges of expenses. In case of delayed payments, the client is asked to pay 12% interest as well as any accrued dunning costs. The client is committed to reimburse the contractor for all costs accrued while dunning outstanding money, in particular the costs of an authorized debt collection agency, (based on fees guidelines published by the Federal Chamber of Commerce, 1993, limited according to the Federal Law Gazette 141/1996), and the 12% default interest. For orders where the value of materials pre-financed by ARTEX Art Services GmbH exceeds EUR 50.000, the client has to pay 50% of the material value prior to commencement of work. If that does not happen, ARTEX Art Services GmbH may immediately withdraw from the contract without further notice.

5) Disclaimer of Liability

The activities by ARTEX Art Services GmbH constantly require handling of valuable objects. Despite all care and precautions, damaging such objects cannot be ruled out completely. Therefore it is the client’s obligation to ensure that the objects are duly insured. ARTEX Art Services GmbH has taken out a company liability insurance according to customary practice. Liability is excluded for any damages that are not covered by the company’s liability insurance, or another insurance as per article 6), and have not been caused by ARTEX Art Services GmbH and its employees on purpose, respectively. If desired by our clients, we gladly procure insurance on behalf of the client for objects pertaining to a specific order.

6) Transport

For all activities in the area of transportation the “General Austrian Forwarder Conditions” apply.

7) Legal Domicile

For any dispute arising from this business contract, the court responsible for the factual matter at the registered office of ARTEX Art Services GmbH will be competent.

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