Terms and Conditions
The following General Terms and Conditions are an inseparable part of all transactions between the Customer and Megatechnik professional Multimedia GmbH, hereinafter referred to as Megatechnik. Terms and conditions of the Customer which are contrary to the terms and conditions of Megatechnik shall only be effective if they are expressly accepted by Megatechnik in written form. These General Terms and Conditions shall also be part of the Megatechnik Rental Conditions.
2) Conclusion of Contract:
All offers made by Megatechnik are exclusively subject to change. Orders of the Customer shall require a written order confirmation by Megatechnik and shall only then be deemed accepted. Unless Megatechnik signals its acceptance of the order by activities related to the fulfillment of the order.
3) Delivery/ Transport:
Unless otherwise agreed, delivery shall be made ex warehouse to buyer’s delivery address. The risk shall pass to the buyer as soon as the delivery has left the premises of Megatechnik. Information about delivery times are non-binding as far as they have not been confirmed bindingly and in writing. Transport and shipping costs shall be paid by the buyer unless otherwise agreed. The goods are normally not insured for transport. Devices which are handed over to Megatechnik for repair and are forwarded by Megatechnik to third parties (e.g. Sony, Panasonic) are not covered by transport insurance. However, transport insurance can be arranged upon request. The costs for transport insurance shall be paid by the buyer in both cases.
Unless otherwise agreed, Megatechnik’s invoices are due promptly net cash without any deduction from the date of invoice. Delivered goods shall remain the property of Megatechnik until full payment has been made. Cash discount deductions are only permissible with prior written agreement.
5) Warranty for defects:
Towards professional consumers (B2B customers) the warranty period is generally 1 year, unless otherwise agreed. For private end users the warranty is based on § 922 ABGB warranty. If there is a defect in the purchased goods for which Megatechnik is responsible, Megatechnik shall be entitled to either remedy the defect or deliver a replacement. If the rectification of defects or replacement delivery is delayed beyond a reasonable period of time, the buyer shall be allowed either to demand a corresponding reduction of the purchase price or to withdraw from the contract. Any further claims of the buyer shall be expressly excluded, irrespective of the legal grounds. Unless Megatechnik is responsible for intent or gross negligence.
Megatechnik shall perform all work assigned to Megatechnik in all good faith and in compliance with the principles of law. However, Megatechnik shall not be liable for any loss of profit or damage caused by the use of Megatechnik purchased or rented equipment. Megatechnik shall not be liable for any loss of profit or damage caused by the non-usability, lack of technical requirements or defects of Megatechnik purchase or rental equipment. Megatechnik shall not be liable for any damage caused by delay in delivery of goods (equipment) or delay in execution of services. The Customer itself shall be responsible for compliance with legal regulations, in particular those relating to competition law, trademark law and copyright law, even if Megatechnik makes suggestions regarding trademarks, special programs or image and sound carriers. The Customer has to check the material to be used (programs, license plates, images and sound carriers) himself and only then release it for use, therefore any liability by Megatechnik is expressly excluded. As far as Megatechnik’s liability is excluded, this shall also apply to the personal liability of employees, vicarious agents and subcontractors. For all the above points for which liability is excluded, the exclusion of liability shall not apply if the cause of damage is based on intent or gross negligence.
Megatechnik shall not be liable for delays in the fulfilment of the service if the delay is not due to its own fault. In particular, the customer cannot derive any claims in case of delays due to a pandemic and related quarantine measures, official interventions or other impairments, or due to force majeure. In this case, any existing agreement on a contractual penalty shall not apply and the customer shall be denied the right to assert claims for damages due to delay which have only been caused by force majeure or a pandemic. Megatechnik shall, however, be obliged to inform the customer in a written form immediately after becoming aware of a delay due to force majeure or a pandemic, in particular if third party works are delayed for this reason. Megatechnik shall seek alternatives and solutions in agreement with the Client in order to keep the delays as short as possible.
With the use of the FRAMR. Cockpit website and a valid FRAMR. license, customers are given the opportunity to access all its purchased areas in the FRAMR. System. This allows the customer to provide content to FRAMR. compatible media players.
Megatechnik will ensure that the service is available and usable as uninterrupted as possible. The customer is responsible for access to the internet for using of the backend, as well as for the connection of the media player to the internet. Megatechnik is not liable for any loss of earnings caused by the non-accessibility or the failure of a FRAMR. component like server or a media player.
Megatechnik is not liable for any rights of third parties to content that is distributed via the FRAMR. Server to media players and thus publicly displayed. The liability regarding copyrights lies solely with the customer of the FRAMR. Services and the operator of the media player.
In the event of errors, the customer must ensure the integrity of the media player by means of his own tools and those provided by the FRAMR. System to ensure that a presumably faulty player has access to the internet. If this is the case and still no playout occurs, the player must be restarted via the device settings in the FRAMR. Cockpit. If there is no playout despite the restart, the device must be brought to Megatechnik or an official partner according to the BRING IN principle. There a service technician will decide whether the device will be repaired or exchanged.
If the customer requests a service call by a technician, this call must also be paid for during the 2-year warranty period of the media player. Spare parts are free of charge during the warranty period.
9) Jurisdiction and applicable law:
Austrian law shall apply. Place of jurisdiction is Linz.
10.) If for any reason one of the above conditions should be invalid, the validity of the other provisions shall not be affected.
Version dated 5.10.2022