Terms and Conditions
for the delivery and installation of 4media products
GmbH
1. 4media Products
1.1. S.A.M.S. is a tension frame system by 4media Werbeproduktionen GmbH (hereinafter “4media”) for the installation of truck advertising surfaces. These General Terms and Conditions (GTC) apply to the sale and installation of S.A.M.S., related advertising banners, as well as to the sale and application of films and other related services by 4media for the customer (hereinafter referred to as “4media Products”).
2. Conclusion of Contract, Delivery Conditions
2.1. All offers from 4media are non-binding and remain valid for 21 days from the date of the offer, unless otherwise agreed in writing. The submission of a price list by 4media does not constitute an offer.
2.2. A contract with 4media is concluded when 4media confirms the customer’s order in writing. Orders referring to general quotations, circulars or price lists do not oblige 4media to accept them.
2.3. Place of performance is the registered office of 4media.
3. Prices
3.1. All prices are in euros and apply – unless otherwise agreed in writing – ex works, excluding transport and packaging costs and excluding statutory VAT.
3.2. Transport and packaging costs will be invoiced separately at the rates valid on the day of dispatch or packaging.
3.3. Costs for designs, prints, samples, and final artwork will be charged separately and are not included in the quoted price. This also applies to any special requests beyond the usual scope.
3.4. If the customer fails to accept the ordered 4media products on time, 4media is entitled to charge storage fees at the applicable rate.
3.5. Even after acceptance of the offer by the customer but before delivery, 4media reserves the right to adjust prices for products made wholly or partly from raw materials subject to fluctuating global market prices. Furthermore, 4media may increase the prices proportionally if personnel costs increase due to collective agreements or legal regulations.
3.6. Subsequent changes to the order at the request of the client, including any resulting idle times, will be charged to the client at the current rates. Subsequent changes also include repetitions of test prints of advertising banners or films requested by the client due to minor deviations from the template or their specifications, as well as the production of samples for production approval.
3.7. Changes to the offer made by 4media due to subsequent modifications requested by the client shall be deemed approved by the client even without prior notification. The client waives the right of withdrawal in such cases. Order modifications or additional orders will be invoiced at the current applicable rates.
3.8. All prices are adjusted using the Consumer Price Index 2020 (VPI 2020) or a successor index. The adjustment takes place annually on January 1st, based on the most recently published index value at that time. This index-based adjustment does not preclude 4media from calculating prices for new offers independently of this index.
4. Payment Terms
4.1. Unless otherwise agreed, payment shall be made as follows, due immediately upon invoicing:
• 30% upon order
• 70% upon delivery
4.2. Payment is considered to have been made on the day the amount is credited to 4media’s account.
4.3. All payments must be made via bank transfer to the account specified on the invoice issued by 4media. Cash payments are excluded. All transaction fees shall be borne exclusively by the client.
4.4. In the event of payment default, all outstanding claims of 4media against the client, including those not yet due, become immediately payable. Default interest of 9% p.a. will be charged on the outstanding amount. In addition, the defaulting client must bear all costs related to the collection of outstanding payments, including reminder fees, collection charges, investigation costs, information fees, and legal fees. Claims for damages to which 4media is entitled due to the non-fulfillment of the contract by the contractual partner remain unaffected.
4.5. The client has no right of retention. In particular, they may not withhold or delay payment due to any complaints regarding defects. The client is also not entitled to offset payments with their own claims.
4.6. If insolvency proceedings are initiated against the client’s assets or if a petition for insolvency is rejected due to insufficient assets to cover costs, 4media is entitled to declare all outstanding claims immediately due and to withdraw from any open supply contracts without incurring any loss of rights or claims.
5. Retention of Title
5.1. All delivered goods, including samples or designs created at the client’s request, remain the property of 4media until full payment of the purchase price, including all associated costs (e.g., transport costs), has been received. The transfer of risk to the client upon handover of the goods to a carrier or freight forwarder remains unaffected.
5.2. 4media is entitled to demand the immediate return of delivered goods that have not yet been fully paid for if:
• the client fails to meet their payment obligations fully and on time,
• insolvency proceedings are initiated against the client’s assets,
• a petition for insolvency is rejected due to insufficient assets to cover costs,
• the client effectively ceases making payments, or
• the client approaches creditors for an out-of-court restructuring agreement.
5.3. Any costs incurred in asserting 4media’s rights under the retention of title shall be borne by the client.
6. Client’s Duty to Cooperate in the Installation of 4media Products
6.1. For installations of 4media products, regardless of whether they take place at the client’s premises or at 4media’s facilities, the client must do everything within their sphere of responsibility to ensure a prompt and high-quality installation or wrapping of 4media products on vehicles or other advertising surfaces. The client must, in particular, ensure the following conditions:
6.1.1. The client must ensure compliance with the conditions outlined in the technical information sheet provided to them.
6.1.2. For all orders, the client is obligated to provide 4media with a chassis number, body number, license plate, or comparable identification details for each vehicle or structure.
6.1.3. If the client wishes to request a specific installation date, this must be coordinated with 4media at least 21 calendar days in advance. All documents required for the installation must be submitted completely and on time.
6.1.4. Installation appointments must be strictly adhered to. If the vehicles or other advertising surfaces are not cleaned and ready at the agreed installation location by the scheduled time, any waiting periods or additional trips will be charged according to 4media’s current rates.
6.1.5. The client must provide 4media with clean and dry vehicle surfaces at the time of installation. If the client fails to meet this obligation and 4media has to clean and dry the surfaces itself, the corresponding costs will be charged based on actual effort.
6.1.6. The vehicle body must not have ‘wavy’ or ‘warped’ exterior surfaces at the adhesive areas, as the base frame profiles cannot be properly applied in such cases.
6.1.7. The surface condition of the installation areas must be suitable to ensure long-term adhesion. Certain materials (e.g., thermoplastics) or pre-painted surfaces may, for instance, be unsuitable for installation.
6.1.8. The client is responsible for the load-bearing capacity, compatibility, and legal admissibility of the signage on and with the surface to which the advertisement is applied. If a structural analysis is required for the installation at the client’s request, the costs shall be borne by the client.
6.1.9. If the measurements of the installation or wrapping surface are provided by the client and prove to be incorrect, any additional effort resulting from this will be charged to the client according to 4media’s current rates.
6.1.10. If the installation or wrapping surface is measured by the client, they must inform 4media in writing of any irregularities on the surface (such as tail lift controls, side doors, door stoppers, magnetic plates, etc.).
6.2. For on-site installations of 4media products at the client’s business premises, the client must also ensure the following additional conditions in particular:
6.2.1. Covered parking spaces must be provided for the installation of 4media products.
6.2.2. If the conditions specified in the provided technical information sheet—particularly those concerning outdoor environments (e.g., temperature, direct sunlight, humidity, etc.)—do not allow for a proper and professional installation at the agreed time, an indoor installation area is required. In such a case, the client is obligated to provide 4media with an installation hall that meets the conditions outlined in the technical information sheet.
6.3. If the conditions for adhesive installation of the S.A.M.S. tension frame system are not met (as specified in the technical information sheet provided to the client), 4media has the right to install the S.A.M.S. tension frame system using rivets.
6.4. During the entire installation or wrapping process, the client must provide a drivable vehicle with a driver on-site who can reposition the vehicle or its structures at any time upon the installation team’s request.
6.5. 4media is not liable for any damages resulting from the client’s failure to fulfill their cooperation duties under section 6 of these General Terms and Conditions. Any additional effort incurred by 4media due to the client’s breach of cooperation duties or failure to comply with the conditions outlined in the technical information sheet will be charged to the client according to the current applicable rates.
6.6. If 4media products are to be installed on objects other than vehicles, the installation conditions will be agreed upon separately, based on the specific object.
7. Foils
7.1. The client confirms that they were informed prior to placing the order that the foil does not adhere to rust spots, paint blisters, dents, or non-structural surface irregularities.
7.2. The client has been informed that the foil will only be applied to externally visible painted surfaces.
7.3. The client confirms that they received care instructions prior to placing the order.
7.4. The client was informed by 4media prior to placing the order that:
• despite the greatest possible care, the formation of small wrinkles or air bubbles may occur and does not constitute a defect;
• the foil can be removed for up to 1 year under normal use and conditions;
• removing the foil may cause paint damage and a residue-free removal is not possible;
• the foil is not resistant to scratches, impacts, or acids;
• car washes and the use of standard cleaning agents are permissible;
• in the event of damage, the foil cannot be repaired—any damaged section must be fully replaced.
7.5. By signing the order, the client confirms the correctness of the shape, the content of the print, and the design of the foil.
8. Client Assurances
8.1. The client assures 4media that they are authorized to dispose of the vehicles or other advertising surfaces provided for processing.
8.2. The client guarantees 4media that the print data and images provided for the advertising materials are free from third-party rights or that any necessary permissions from rights holders (e.g., trademark owners, copyright holders, etc.) have been fully obtained.
8.3. If any defects or damage to the S.A.M.S. system are identified during the legally required inspection of the vehicle’s roadworthiness, they must be reported to 4media without delay.
8.4. The client confirms that they have not withheld any circumstances essential to the performance of services from 4media.
9. Warrenty
9.1. 4media provides a three-year warranty for the proper functionality of the S.A.M.S. system or the advertising banners, provided that all conditions specified in section 9.2 are met. If even one of the conditions listed in section 9.2 is not fulfilled, all warranty, guarantee, and damage claims against 4media shall be void.
9.2. The conditions for the extended warranty for S.A.M.S. or the advertising banner under section 9.1 are as follows:
9.2.1. Installation of the S.A.M.S. system by 4media or a partner certified by 4media;
9.2.2. Use of advertising banners produced by a printing company certified by 4media;
9.2.3. Installation of the advertising banners by 4media or a partner certified by 4media.
9.2.4. Repairs of the S.A.M.S. system after damage must be carried out by 4media or a certified partner.
9.2.5. The client must comply with the conditions outlined in the technical information sheet.
9.2.6. The S.A.M.S. systems must be demonstrably inspected, serviced, and maintained annually by 4media or a certified partner from the date of contract signing, and confirmed with an inspection sticker.
9.3. To document the proper installation as outlined in section 6, 4media provides an online tool in which the client must record all subsequent changes, repairs, and banner replacements. The client is obligated to immediately and thoroughly inspect the delivered and installed goods. Any complaints regarding defects must be submitted in writing via email within 24 hours. After this period, the goods and installation are deemed to have been accepted without defect.
9.4. Despite the greatest care, scratches or bubbles may occur at the keder welding seam of the S.A.M.S. system or on the foil. These scratches or bubbles do not constitute a defect within the meaning of warranty law.
9.5. In the event of a warranty or guarantee claim, 4media reserves the right to either repair or replace the product. A price reduction is excluded. In the case of a replacement or repair under warranty or guarantee, the original warranty period does not restart.
10. Liability Including Product Liability; Disclaimer of Liability for Removal of S.A.M.S.
10.1. 4media is not liable for damages caused by slight negligence. Liability for consequential damages, indirect or incidental damages, as well as loss of profit, is also excluded in cases of gross negligence. The burden of proof for any fault on the part of 4media lies with the client.
10.2. 4media is not liable for personal injury or property damage if such damage is even partially due to incomplete or improper compliance with section 9.2. The burden of proof for any contributory negligence on the part of 4media also lies with the client.
10.3. During the installation of S.A.M.S., the frame system is permanently bonded to the vehicle body. 4media assumes no liability for damages that may occur when removing the bonded frame systems. This includes, among other things, damage to surfaces, structural damage, or other impairments to the vehicle body caused by the detachment of the adhesive.
10.4. If the frame system is fastened or repaired using rivets, 4media assumes no liability for permanent damage to the vehicle body that may occur during reinstallation or repair. This explicitly includes the creation of holes, water ingress, and other structural damage that may result from removing or refastening the riveted systems.
10.5. The removal of S.A.M.S. and foils without causing damage is not possible. The client is aware of this fact. Liability for any damages arising from the removal of S.A.M.S. or the foil is expressly excluded.
10.6. 4media is not liable for the loss, disappearance, or potential damage to vehicles provided to 4media, nor for any items left inside the vehicles, unless caused by slight or simple gross negligence. Within the scope of fault-based liability, the burden of proof lies with the client to demonstrate that 4media caused the damage.
10.7. If the vehicle provided to 4media is equipped with sensitive electronic components (such as alarm systems, sensors, etc.) that could be affected by the installation of 4media products, the client is obligated to inform 4media accordingly. Otherwise, 4media’s liability is excluded. Such information must be recorded in writing in the order.
10.8. 4media assumes no liability for the shipping of its products.
10.9. If the client does not order packaging for the products ordered from 4media, no paint or packaging protection is provided. In the case of standard shipping without separately ordered packaging, 4media is not liable for damages such as scratches resulting from the lack of packaging.
10.10. Advertising banners must be turned or replaced within 12 months of installation. The client must notify 4media of this in writing. Otherwise, 4media’s liability for any resulting damages or consequential damages is excluded.
11. Intellectual Property Right
11.1. S.A.M.S is protected by trademark and patent law. Trademarks on goods delivered by 4media may not be altered, damaged, or obscured.
11.2. 4media is entitled to photograph vehicles equipped with S.A.M.S. during installation and to use these photos as references on its website and social media, provided that no individuals are identifiable in the images and license plates are rendered unreadable. The client has the right to object to the use of all or specific photos -including retroactively. In such cases, 4media will remove the respective photos from the relevant platforms within four weeks.
11.3. The client is solely responsible for the legal admissibility, usage, and content of the images on advertising banners or foils. Any required permissions from rights holders (e.g., trademark owners, copyright holders, etc.) must be obtained by the client.
12. Code of Conduct
12.1. 4media conducts its business honestly, fairly, and transparently. Compliance with legal regulations and ethical principles is a matter of course for 4media. 4media expects the same from its clients. In addition, climate and environmental protection are important concerns for 4media.
12.2. 4media strictly rejects corruption and bribery in any form. Therefore, the client shall, without exception, refrain from requesting, accepting, offering, or granting any unlawful and/or unethical and/or unfair competitive advantages or other benefits in the course of business relations with 4media.
12.3. A violation of the provisions of this Code of Conduct constitutes good cause entitling 4media to terminate the contract with immediate effect. Any delay in terminating the contract does not constitute a waiver of this right.
12.4. The client is liable to 4media for all disadvantages and bears all additional costs incurred by 4media as a result of a violation of this Code of Conduct and/or justified termination of the contract.
13. Confidentiality
13.1. The client is obligated to maintain confidentiality regarding all non-public information and data about 4media that become known to them through placing an order with 4media, unless they have been expressly released from this obligation in writing by 4media in an individual case. The client may use the information obtained solely for the purpose of fulfilling the contract with 4media.
13.2. The client may only engage employees and agents who have been expressly and contractually bound in writing to maintain confidentiality in accordance with these General Terms and Conditions.
13.3. The provisions regarding confidentiality and data protection shall remain in effect indefinitely, even after the full completion of the order and the termination of all contractual relationships.
14. Data Protection
14.1. The client and 4media shall mutually process personal data of their employees only in strict compliance with the GDPR and the Austrian Data Protection Act (DSG).
14.2. The client agrees on behalf of themselves and their employees that their personal data may be processed by 4media for the purposes of contract initiation, contract execution, and ensuring contract fulfillment, and may be passed on to affiliated companies. In case of doubt, a storage period of 5 years after completion of the last contractual obligation shall be considered reasonable.
14.3. Reference is made to 4media’s privacy policy (available at www.4media.at).
15. Miscellaneous
15.1. All deliveries, services, and offers by 4media are provided exclusively based on these General Terms and Conditions (GTC).
15.2. The client’s general terms and conditions are expressly rejected if they contradict the content of 4media’s GTC. Any agreements deviating from these GTC are only valid if formally signed by 4media.
15.3. The client’s purchasing and acceptance conditions are only binding for 4media if they are expressly acknowledged by 4media in each individual case. Such acknowledgment must be in writing. A lack of objection shall under no circumstances be considered acceptance by 4media.
15.4. Should individual provisions of these GTC be or become invalid for any reason, the validity of the remaining provisions shall not be affected. 4media and the client agree now to jointly replace the invalid provision with one that most closely reflects its economic intent, based on the perspective of reasonable contracting parties.
15.5. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules of private international law is excluded.
15.6. The exclusive place of jurisdiction for all disputes between 4media and the client shall be Vienna, Inner City (Innere Stadt).
Wiener Neustadt,
in May 2025
