General Terms and Conditions of Contract

MARCH GUT Industrial Design OG

1. validity

These General Terms and Conditions of Contract (GTCC) apply to all design contracts (creative services) between DE Designers and its CL client. They do not apply to the sale of originals or to commercial services.

2. principles of cooperation

2.1 The basis of every order is a framework (briefing) provided by the Client, the requirements of which must be fulfilled by the Designer. Within the briefing, there is freedom of design in the fulfillment of the order.

2.2 The Designer creates the work on his own responsibility; however, he is entitled to call in expert employees or cooperation partners to carry out the work.

2.3 Any advice given by the Designer relates exclusively to the specialist field of design; liability for the “advice of a specialist” in accordance with ABGB (§ 1299) is limited to this field.

2.4 The Client shall ensure that the Designers are given timely and complete access to all documents, circumstances and instructions necessary for the optimal fulfillment of the order.

3. copyright and right of use

3.1 Unless otherwise agreed between the Client and the Designer, the Designer shall grant the Client a right to use the work (exclusive right of use). This does not include any programming services.

3.2 Upon full payment of the total fee and ancillary costs, the client shall acquire the agreed right of use to the works created in fulfillment of the order in the version delivered, for the agreed purpose and scope of use. If no agreements have been made regarding the purpose and scope of use, the minimum scope required for the fulfillment of the order shall apply. Any other or further future use shall require the Designer’s consent, which shall be subject to a fee.

3.3 Any modification, editing or imitation of the works provided for use is not permitted unless the right to edit has been granted in writing and for a fee.

3.4 The rights granted to the client (or, in the case of agencies, their customers), the applicant for use, may only be passed on to third parties for a fee or free of charge with the express consent of the designer.

3.5 The client shall not acquire ownership of the designs, elaborations and computer data. In the event of singular succession, all rights and obligations shall pass to the legal successor, but only to the extent agreed between Designers and its client. Any extension of use by the legal successor requires the consent of Designers in all cases.

3.6 If the client wishes to continue to use the concepts, ideas or works developed or designed unchanged after fulfillment of the order, withdrawal or termination of a framework or support contract, this requires the granting of the unlimited right of use; if these are to be changed, updated or used as a basis for further developments by third parties or the client, the granting of the right to processing by third parties is also required. If the client wishes the computer data to be handed over, this shall require an additional agreement.

4. chargeability of presentations

4.1 All of the Designer’s services shall be provided for a fee; only the preparation of performance, time and cost plans required for the preparation of the quotation shall be provided free of charge.

4.2 The Client’s invitation to prepare a presentation with preliminary drafts shall be deemed to be an order to provide a defined service content. The amount of the presentation fee shall be freely agreed and, unless otherwise agreed, shall comprise half of a customary design fee as appropriate remuneration pursuant to Sections 1004, 1152 ABGB. A presentation order shall be deemed to have been placed, accepted and fulfilled upon completion of the presentation.

4.3 If a client or the organizer of a presentation competition does not award a contract at all or only awards a significantly reduced contract to the designer or a presentation co-applicant after the presentation has taken place, the designers are entitled to the full design fee instead of the reduced presentation fee.

4.4 The presentation fee does not include the granting of rights of use.

5. performance, external services and production monitoring

5.1 For the provision of the requested service, including the transfer of production data, an appropriate fee shall be deemed agreed in accordance with §§ 1004, 1152 ABGB. The handover of development data shall only be part of the service if it has been agreed in writing and for a corresponding additional fee.

5.2 The Designer is authorized to provide necessary or agreed ancillary services in connection with the order either himself for the usual local fee or to commission third parties to do so on behalf of and for the account of his Client.

5.3 The client may outsource the coordination and monitoring of duplication/production (as well as color matching or print monitoring) to external producer specialists or the designer. They require a separate order and are carried out for a fee.

6. return and storage

6.1 The Client shall receive all documents, interim results, drafts, concept descriptions and elaborations in trust. Until the rights of use have been acquired and in the event of refusal (waiver of use), the Client shall not be permitted to make copies thereof, store them in computer systems or make them available to third parties for viewing or further processing, except for the purpose of decision-making by opinion research institutes.

6.2 Design originals and computer data shall be returned or handed over to the Designers undamaged at the Client’s risk and expense as soon as they are no longer required for the agreed use.

7. liability

7.1 The Designer is not liable for slight negligence. In the event of gross negligence, he shall be liable up to the amount of his fee (excluding incidental costs and VAT).

7.2 Defects must be reported to the designers within a reasonable period of time after receipt of the services, with a request to rectify them. The Client shall bear any costs incurred by the use of third parties despite the Designer’s willingness to rectify defects. A claim for rectification shall expire after six months.

7.3 The Designer assumes no liability for the legal admissibility of the designs and elaborations, in particular with regard to competition, trademark and administrative law. Likewise, the Designer is not liable for the correctness of text and images if work has been approved by the Client or a template has at least been offered to the Client for review.

7.4 Insofar as the Designer commissions necessary or agreed external services to third parties on behalf of and for the account of the Principal, the respective contractors are not vicarious agents of the Designer.

7.5 The documents provided by the Client (photos, texts, models, samples, etc.) shall be used by the Designer on the assumption that the Client is entitled to use them and that no third-party rights are infringed when they are processed or used. The Client shall be liable to the Designers in accordance with Section 86 of the German Copyright Act (UrhG) for any type of unlawful use in double the amount of the appropriate fee for such use, insofar as such use was at least negligently enabled or tolerated by the Client.

8. attribution and specimen

8.1 Pursuant to § 20 UrhG, the Designer is entitled to affix his name or pseudonym, company name or logo to any work/product designed by him as well as advertising material for it or publications about it. The form and duration of the labeling can be agreed with the Client.

8.2. The designers shall in any case retain the right pursuant to Section 26 of the German Copyright Act (UrhG) to use images of the works/products designed by them for the purpose of self-promotion in printed form or to make them available for this purpose on the worldwide Internet.

8.3 In the case of three-dimensional objects, the Designer shall be entitled to receive, free of charge, copies of the objects produced with the help of his design and to receive a specimen copy, unless the latter is associated with disproportionately high costs. In the case of printed works, the designer is entitled to at least five copies of the works designed by him.

9. withdrawal and cancellation

9.1 Client and Designer are entitled to withdraw from the order after submission of the initial presentation without stating reasons, whereby Client must pay the presentation fee in accordance with Section 4.2 of the DA GTC.

9.2 If the Client cancels the order during the design or execution phase or within a valid framework agreement for reasons for which the Designer is not responsible, or reduces the scope of the order, the Client undertakes to pay the design fee plus the ancillary services and costs incurred up to that point.

9.3 Irrespective of this, the Designer is entitled to charge the Client a fee for work capacity provided and not used and for any damage suffered as a result. No usage fee will be charged; all rights remain with the Designer.

10. final provisions

10.1 Any agreement deviating from or supplementing the DA GTCP as well as all framework agreements must be in writing.

10.2 Austrian law shall apply exclusively. The place of fulfillment and jurisdiction is Linz.