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.
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.
5. Prices, payment conditions
5.1. All prices and price indications are quoted including of mandatory VAT.
5.2. Invoices shall be payable net within 14 days of receipt.
5.3. In the event of default of payment, statutory default interest shall be deemed to be agreed.
5.4. The Client undertakes to make a down payment of 75% of the amount of the final offer 6 weeks before the
beginning of the event at the latest by transferring the amount to the account specified by the Caterer in writing.
Otherwise the Caterer shall be entitled to terminate the contract with immediate effect and without prior
notification of the customer. If the order is cancelled, the down payment shall be offset against the Caterer's
claims in accordance with the provisions of article 7. If there is a balance, the Caterer shall transfer the
corresponding amount within 14 days from the cancellation date to the account specified by the customer (if the
cancellation fee is lower than the down payment) or invoiced by the Caterer to the customer (if the cancellation
fee exceeds the down payment).
6.
Set off and right of retention
6.1. The customer - unless he is a consumer within the meaning of KSchG (Consumer Protection Act) - is not
entitled to offset his claims against the Caterer's claims, unless the counterclaim has been expressly
acknowledged by the Caterer or recognized by a court of law.
6.2. The customer shall have no right of retention with regard to the objects made available to him. Any right of
retention which a customer, who is a consumer within the meaning of KSchG (Consumer Protection Act), may
have according to the law is not excluded by this provision.
