Client: The one who is a potential buyer of the goods and/or services offered by AV Event Productions.
Agreement: the agreement entered into between AV Event Productions and the Client, to which these general terms and conditions and any additional conditions apply.
Article 2 – General Provisions
These conditions apply to all (future) offers, agreements, and other contractual relationships between AV Event Productions and the Client.
Deviations and/or additions to any provision in the agreement and/or General Terms and Conditions are only valid if expressly agreed upon in writing by both parties.
Third parties engaged by AV Event Productions in the execution of the agreement can also invoke these general terms and conditions.
These Terms and Conditions are governed by Austrian law.
Article 3 – Pricing, Offer, and Agreement
Each offer, whether it be a quotation or otherwise, is made fully and unconditionally without obligation and is revocable, with a validity period of thirty (30) days, unless otherwise stated in writing by AV Event Productions.
Each offer can only be accepted once and therefore does not apply to any subsequent orders, unless otherwise agreed upon.
The offer is made after careful consideration. When concluding the agreement, both parties consider the prices to be fair and reasonable.
Last-minute bookings are subject to availability and may incur additional charges.
All prices provided by AV Event Productions are exclusive of VAT, transportation costs, and any other levies or duties applicable to the goods and/or services, unless otherwise stated on the order confirmation.
All prices are determined based on the prevailing factors at the time of quoting or concluding the agreement, including tax burdens, levies, prices of raw materials, energy, fuel, and materials, import duties, transportation costs, and exchange rates against the Euro. If changes occur in one or more of these price-determining factors resulting in an increase in the purchase price by 5% or more after the conclusion of the agreement but before delivery by AV Event Productions, AV Event Productions reserves the right to adjust the agreed price accordingly. Both parties expressly consider this situation as unforeseen.
All specifications of quantities, sizes, weights, and colors of goods/services to be used or supplied in trial placements, quotations, drawings, images, photos, models, or other forms of offers by AV Event Productions are merely indicative. Slight deviations in these upon delivery do not constitute a breach of the agreement on the part of AV Event Productions.
Obvious typographical errors and inadvertent mistakes in the offer are not binding on AV Event Productions.
The agreement is concluded after both parties have signed a written offer or after AV Event Productions has confirmed a written acceptance.
The agreement is explicitly entered into subject to the suspensive and/or dissolving condition of sufficient availability of personnel and products. The failure to fulfill these conditions does not entitle to compensation.
Article 4 – Execution and Delivery
AV Event Productions shall execute the agreement to the best of its insight and ability, in accordance with the requirements of good craftsmanship. All services provided by AV Event Productions are performed on a best efforts basis, unless expressly otherwise agreed upon in the written agreement, where the intended result is clearly and precisely described.
AV Event Productions may choose to engage third parties for the execution of the assignment or delivery.
If a third party causes inconvenience or disturbance that hinders AV Event Productions’s execution of the agreement, AV Event Productions reserves the right to suspend the work. Any resulting damage is borne by the Client and/or the third party.
Article 5 – Obligations of the Client
The Client undertakes to enable AV Event Productions to carry out the assignment and provides the necessary cooperation for the smooth execution of the agreement by AV Event Productions. These obligations include, among others.
Ensuring timely approvals (such as permits) and providing relevant data for the assignment.
Providing connection possibilities for electricity, water, gas, and compressed air, with the costs for electricity, gas, and water borne by the Client.
Ensuring sufficient space for storage and disposal of necessary materials and providing lockable spaces, such as work closets for material storage. The Client is responsible for the items stored by AV Event Productions and is obliged to make them available to AV Event Productions upon first request;
Granting access to the execution site and ensuring that the goods are accessible within a range of 25 meters. The goods are expressly not to be lifted upstairs, except in the case of a passenger elevator. Therefore, the Client must be present during the execution of the assignment or provide access, for example, by providing a key;
Ensuring that the workplace and/or work environment meet all safety requirements relevant to the performance of the work. This includes, but is not limited to, compliance with the Working Conditions Act.
Providing sufficient assistance and security personnel to prevent interference by third parties during the execution of the assignment.
Ensuring that AV Event Productions can start dismantling the rented or provided items immediately after the agreed show.
Providing sufficient refreshments on-site for AV Event Productions personnel involved in the execution.
If the Client fails to fulfill its obligations in a timely manner, they must inform AV Event Productions promptly. AV Event Productions reserves the right to charge the Client for any additional costs resulting from this delay, including storage, travel, and wage costs. However, AV Event Productions is not obliged to compensate the Client for damages resulting from delays under any circumstances.
The Client expressly accepts the risk of damage caused by:
Inaccuracies in the constructions and methods required by the Client.
Defects in the immovable or movable property to which or in which the assignment is carried out.
Defects in materials or tools provided by the Client.
The Client ensures that all necessary data are provided to AV Event Productions in a timely manner. AV Event Productions has the right to suspend the execution of the agreement in case of untimely provision of this data and to charge the Client for any additional costs resulting from the delay.
Article 6 – Payments and Cancellation
Payments must be made in full according to the terms specified in the invoice. In the event of delayed payment of monetary obligations, the amount of the default interest for the Client who is the entrepreneur corresponds to a percentage calculated from the base interest rate applicable at the time of the due date plus a surcharge of 9.2%. The amount of the default interest for the Client who is the consumer and for entrepreneurs who are not responsible for the delay corresponds to a percentage calculated from the base interest rate applicable at the time of the due date plus a surcharge of 4%. The base interest rate is published on the website of the Austrian National Bank at www.oenb.at.
Regardless of a reminder or the fault of the Client, who is the entrepreneur, in the event of default, AV Event Productions is entitled to charge a flat rate amount of EUR 40 as compensation for collection costs. In the case of reminders to consumers, reminder fees of EUR 5 per reminder may be charged.
Payment must be made exclusively by bank transfer.
If AV Event Productions becomes aware of circumstances that indicate that the Client will probably not be able to meet their payment obligation, AV Event Productions is entitled to withdraw from the contract with immediate effect; in this case, the services previously provided by AV Event Productions, even if they were not effective for the Client, must be reimbursed by the Client based on the actual costs incurred. Installment agreements require the express consent of AV Event Productions.
Without express written consent from AV Event Productions, the Client is not authorized to set off, suspend, or withhold their payment obligations
In case of cancellation by the Client:
Up to 30 days before the event: Refund of payments, minus the non-refundable deposit.
Less than 30 days before the event: No refunds will be issued.
In the unlikely event that AV Event Productions must cancel, the Client will receive a full refund of payments made.
AV Event Productions reserves the right to change the schedule (location and time) and content of the work, for example, in case of adverse weather conditions or illness. The work can be canceled or postponed by AV Event Productions at any time. The Client will be immediately informed of any cancellation. AV Event Productions will refund the amount paid by the Client, without the Client being entitled to any compensation. If the Client opts for alternative offered work, the amount will not be refunded.
AV Event Productions has the right to terminate the agreement with the Client immediately for the future by written notice without (further) prior notice of default if:
If the Client defaults on payment.
The Client discontinues, liquidates, or otherwise significantly changes its business operations in whole or in part without prior written consent from AV Event Productions, or transfers them to a third party;
The Client is (provisionally) granted suspension of payments, is declared bankrupt, files a request for application of a debt restructuring scheme, or is placed under guardianship or conservatorship;
A seizure is made on a right belonging to the Client. In case of termination of the agreement, all payments due by the Client to AV Event Productions are immediately and fully payable. If the work is not fully completed, the Client is liable for a proportionate part of the total amount.
Article 7 – Warranty & Liability
AV Event Productions acts in the interest of the Client within the limits of the assigned task. AV Event Productions will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. The Client acknowledges that AV Event Productions has artistic freedom in the execution of the agreement as long as no specific and concrete characteristics, functions, or wishes of the Client are documented in the main agreement/quotation. Therefore, all services are performed on a best efforts basis. All goods are accepted with all actual and legal defects.
The Client must immediately, but no later than within 24 hours, inspect each delivery and execution, in phases or otherwise, for conformity regarding both quantity and quality. If the performance does not meet the agreed conformity as established in the agreement, and thus constitutes a complaint, the Client must inform AV Event Productions about this within 5 days of delivery.
AV Event Productions is in no event liable for consequential damages and, except in cases of intent or gross negligence, likewise not for property damage, personal injury, immaterial damage, or loss of profit.
AV Event Productions reserves the right to terminate its services without liability if the Client or attendees engage in unlawful or dangerous behavior during the event.
The Client indemnifies AV Event Productions against damage (from third parties) resulting from actions or omissions of AV Event Productions, based on incorrect, incomplete, or late-provided information, data, and documents by the Client.
The Client indemnifies AV Event Productions against claims from the Client and third parties that suffer damage as a result of the execution of the agreement or the use of rented goods and that are not attributable to AV Event Productions, such as through the actions or omissions of the Client. If AV Event Productions is held liable by third parties as a result, the Client is obliged to assist AV Event Productions both out of court and in court.
In all cases, the period during which AV Event Productions can be held liable for damages is limited to 12 months after the event causing the damage.
The indemnifications as described in this article also apply to third parties engaged by AV Event Productions, such as subcontractors or employees.
Article 8 – Force Majeure
Force majeure includes, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which AV Event Productions cannot exercise control. This includes, among other things, extreme weather conditions, strikes, traffic disruptions, deficiencies of third parties on which AV Event Productions depends for the execution of the agreement, unforeseen stagnation, energy supply problems, transport impediments, fire, loss or damage during transport, epidemics, pandemics, and government measures.
During force majeure, AV Event Productions’s obligations are suspended, unless agreed otherwise. If the force majeure situation lasts longer than one month, or if there are other circumstances that make it excessively difficult for AV Event Productions to fulfill its obligations, AV Event Productions has the right to terminate the agreement in whole or in part without the intervention of the court, by means of a notice to the Client, without this giving rise to compensation.
If AV Event Productions has already partially fulfilled its obligations at the time of force majeure, it has the right to invoice the already delivered or performed part separately, or to partially credit advances.
Article 9 – Privacy and Data Protection
AV Event Productions complies with Austrian and EU data protection laws. Personal information collected from the Client will only be used for the purposes of fulfilling the agreement and will not be shared with third parties without consent.
Article 10 – Dispute Resolution
Any disputes arising from these T&Cs or related services will be resolved amicably where possible. If an amicable solution cannot be reached, disputes will be subject to the jurisdiction of the competent courts in Sankt Johann im Pongau or Salzburg, Austria.
Article 11 – Amendments to Terms and Conditions
The Company reserves the right to modify these T&Cs at any time. Clients will be notified of significant changes prior to their application.
