General Terms and Conditions for Catering Contracts of GMS GOURMET GmbH
1. General information, scope
1.1.
These General Terms and Conditions apply without exception to all catering contracts, including any
future contracts, concluded between GMS GOURMET GmbH (hereinafter referred to as "Caterer") and
the customer, unless otherwise expressly agreed in writing.
1.2.
Any provisions included in standard contractual forms of the customer, which contradict the provisions of
these General Terms and Conditions, shall be ineffective in their entirety, irrespective of when and in
which form they are brought to the caterer's attention. Deviating agreements on individual provisions of
these General Terms and Conditions shall only be valid for the relevant provisions and require the
express prior written approval of the Caterer to become effective. Silence with regard to the General
Terms and Conditions of the customer shall not be deemed as acceptance.
1.3.
Silence on the part of the Caterer "in general" has no explanatory value whatsoever.
2. Offer and conclusion of contract
2.1.
The offer shall be non-binding and subject to change unless otherwise expressly stated by the Caterer in
the offer. Any offers made orally or by telephone require the immediate written confirmation by the
Caterer to become effective. The contract shall become effective with the written order confirmation of
the Caterer. Changes to the contract require the consent of both parties unless otherwise specified in
these General Terms and Conditions (see especially point 7 cancellation conditions).
2.2.
The Caterer shall not accept any liability for the accuracy and completeness of the documents and
information provided by the customer and used for the preparation of the offer, unless their faultiness is
not recognized by the Caterer in a deliberate or grossly negligent manner.
2.3.
All documents made available in connection with the preparation of the offer (e.g. plans, concepts,
descriptions) shall remain the property of the Caterer and can be reclaimed by the Caterer at any time. In
such case they shall be promptly returned to the Caterer at the customer's cost and risk. The documents
shall be treated strictly confidentially and shall not be copied, published, transferred to or made available
to third parties or used for any other than the agreed purpose without the express written approval of the
Caterer.
2.4.
The product range we offer is subject to seasonal changes. If individual items included in this offer
cannot be procured in time, the Caterer reserves the right to provide goods of equivalent quality and
price.
3. Delivery, transfer of risk
3.1.
The risk for the goods delivered shall pass to the customer, as soon as the goods have been handed
over to the customer by the Caterer or by a third party appointed by the Caterer.
3.2.
All materials and objects - with the exception of food and beverages - delivered by the Caterer are
provided to the Client on a loan or hire basis. Any damage or loss incurred shall be reimbursed to the
Caterer by the customer.
3.3.
Any outstanding partial deliveries or services or reported defects shall be completed or remedied by the
Caterer as soon as possible. If the overall performance of the Caterer is not substantially impaired by
such outstanding services or defects, the client shall not have the right to refuse acceptance.
4. Warranty, notice of defects
4.1.
The statutory warranty periods shall apply.
4.2.
Defects are - without legal consequences to the customer, who is a consumer within the meaning of the
KSchG (consumer protection law), for defaulting - to be disclosed immediately upon delivery or
detection.
4.3.
If the customer is an entrepreneur within the meaning of KSchG (Consumer Protection Act), he is obliged
to inspect the delivered goods or rendered services immediately upon receipt within the meaning of §
377 UGB (Austrian Commercial Code) for completeness, correctness and other faultlessness and send a
written complaint about any possible defects immediately, at the latest, however, five working days after
the receipt of goods or rendered services; failure to do so will result in forfeiture of all claims he is entitled
to in the course of a proper examination for identifiable defects. If the customer is an entrepreneur within
the meaning of KSchG (Consumer Protection Act), the customer shall also send a written complaint
about any defects arising at a later date; failure to do so will result in forfeiture of all warranty claims.
4.4.
Improper storage, handling or processing of the goods after delivery to the customers also results in
forfeiture of all warranty claims.
