General Terms and Conditions
- KISKA GmbH (hereinafter referred to as KISKA) conducts business exclusively in accordance with the General Terms and Conditions set out below. Any ancillary or contrary agreements come into force subject to separate written agreements. Oral collateral agreements containing provisions which deviate from the General Terms and Conditions are invalid in any event.
- KISKA’s quotations and estimates remain binding for a period of 15 days. If an order is placed after this time has elapsed, KISKA reserves the right to re-examine the offer and make any adjustments, where applicable.
- An invoice is submitted at the end of each project stage and is due for settlement within 30 days’ net. It is understood that a 1% default interest per month shall be charged for overdue payment. KISKA shall retain the title to all creative work supplied to the Client until payment has been made in full. If a Client places an order for the first time, 30% of the sum due for the respective stage of the project is payable in advance. An order can be cancelled at any time with 30 days’ notice. All costs incurred up to the time of the cancellation will be invoiced, plus all charges due by the end of the cancellation term as indicated in the quotation.
- Orders which KISKA contracts out to third parties on the Client’s behalf will be invoiced at a surcharge of 15% on the net value of the order. For the remainder, the Client is not entitled to off-set dues with accounts receivable from KISKA.
- All rights of use are assigned to the Client upon placing the order, provided the Client fulfils its payment obligations on time and in full. If several proposals (alternative designs) are submitted, only one design as selected by the Client is covered by the fee. Where several alternative designs are selected, a separate fee shall be charged for each variation. KISKA may make unrestricted use elsewhere of any designs which are not employed. The Client is obliged to treat such designs as confidential and is not allowed to avail itself of proposals which it has not adopted or make them available to third parties.
- KISKA and the Client pledge not to divulge to any third parties any corporate secrets which may come to its knowledge during the course of their cooperation.
- KISKA in no way guarantees the novelty of the artwork, or is liable for the risk of the technical workability, the technical construction, the use or economic feasibility.
- KISKA is allowed, without restrictions in time and place, to use the Client’s name, the logo and the products created by KISKA under reference to their partnership in PR and advertising. However, the created products only as soon as they have been published by the Client in any form. The Client is entitled to an editorial right of veto.
- The Client is liable for all texts, graphic elements and designs supplied or provided by itself and it pledges to indemnify KISKA against, or exempt it from, any third-party claims.
- All designs created by KISKA are protected by copyright and may only be used within the designated scope. Modifications to the proposed designs are subject to consultation with KISKA. Irrespective of the rights of use to which the Client is entitled, the original designs and drawings shall remain the rightful property of KISKA. KISKA is entitled to any patentable inventions made by KISKA while processing the order. However, KISKA undertakes to offer the Client the option of buying or utilising the patent rights. In this case, KISKA is still to be named as the inventor.
- The Client is not permitted to assign rights arising from this contract, either gratuitously or for a consideration, without KISKA’s written consent.
- Subject to any contradictory agreements, KISKA is not bound by restrictions of any kind with regard to the processing of the same or similar projects from different clients.
- KISKA is entitled to claim a complimentary author’s copy from the Client. In so far as the relevant costs for materials exceed the sum of EUR 5.000,00, the Client pledges to provide KISKA with a specimen copy at the manufacturer’s price on request.
- The Client and all companies associated with the Client shall refrain from commissioning or recruiting KISKA employees during the cooperation and a period of three years following the termination of the cooperation (date of the last invoice).
- For travels on behalf of the Client inside the European Union KISKA flights Economy Class. Any flight outside of the European Union is subject of separate terms & conditions and has to be agreed and signed off by the Client. Train tickets will be booked and charged in First class. To secure cost transparency the vouchers and receipts will be attached to invoices.
- In terms of clearance and shipping (e.g. frames, clay bases or other physical parts) from the Client to KISKA the incoterm DDU/DDP will be used. For shipping from KISKA to the Client (e.g. shipping the show model) the incoterm EXW will be used. In general, the Client is responsible for deliveries from and to KISKA.
- For all disputes arising out of the contractual agreement between KISKA and the Client, the parties agree on the exclusive responsibility of the relevant court of the City of Salzburg as the place of litigation.
KISKA GmbH, 2018