General Terms and Conditions (GTC) of TTT GmbH / Tailored Tech & Tactics – Project Management & Event Technology
TTT GmbH
Tailored Tech & Tactics, Anisgasse 26, 1220 Vienna, Austria
Section A – General Provisions
1. General information and scope
I. These General Terms and Conditions (“GTC”) apply to all services, deliveries, and contractual relationships between TTT GmbH (Tailored Tech & Tactics), Anisgasse 26, 1220 Vienna (hereinafter also referred to as “TTT” or “we”) and its customers (hereinafter also referred to as “you”). TTT and the customer are jointly referred to as the “Contracting Parties”.
II. The following contractual principles shall apply to the respective contractual relationship in the following order:
- the offer underlying the individual contract or the individual contract itself,
- these terms and conditions.
III. In case of discrepancies between an individual contract and individual provisions of these General Terms and Conditions, the provisions of the individual contract shall prevail.
IV. Any differing, conflicting, or supplementary terms and conditions of the customer shall not apply unless their validity has been expressly approved by TTT in writing. This also applies if such terms and conditions are referenced in the customer's documents.
V. Individual contracts are generally concluded exclusively on the basis of these General Terms and Conditions. The version valid at the time of conclusion of the contract shall apply. In ongoing business relationships, these General Terms and Conditions shall also be deemed agreed upon even if they are not expressly referred to in the individual contract.
VI. These terms and conditions are divided into:
- Sections A and E, which apply regardless of the type of service,
- Sections B to D contain special provisions specific to the services provided and apply when TTT provides corresponding services.
VII. The applicability of one special section does not preclude the simultaneous applicability of other special sections:
- Section A: General Provisions
- Section B: Equipment Rental
- Section C: Purchase, assembly and works contracts
- Section D: Physical, hybrid and digital events
- Section E: Final Provisions
VIII. Amendments to these Terms and Conditions will be communicated to the customer in writing or electronically and will be deemed accepted unless the customer objects in writing within 14 days of notification. The customer will be expressly advised of the significance of remaining silent.
IX. All offers from TTT are subject to change and non-binding unless they are expressly designated as binding and duly signed by a company official. Customer offers are only considered accepted when confirmed by a written order confirmation from TTT.
X. In case of discrepancies between a German and a foreign language version of these Terms and Conditions, only the German version shall prevail.
2. Performance
I. The scope of services owed is determined exclusively by the respective individual contract or the offer on which it is based, as well as by the supplementary service descriptions in sections B to D of these General Terms and Conditions.
II. TTT is entitled, after prior agreement with the customer, to provide services in partial deliveries, provided this is objectively justified.
3. Deadlines and delays in performance
I. Performance deadlines agreed upon in an individual contract are only binding if they have been expressly designated as binding.
II. Binding performance deadlines begin at the earliest when all information, documents and cooperation from the customer that are necessary for proper performance have been fully received.
III. Subsequent change or addition requests from the customer will extend agreed performance deadlines appropriately.
IV. The customer must accept minor delays in meeting binding performance deadlines without incurring any consequences for default.
V. In the event of a significant delay in performance, the customer may, after setting a reasonable grace period, either insist on performance of the contract or withdraw from the contract with regard to services not yet rendered. Partial services already rendered remain unaffected.
4. Delivery terms, transfer of risk and default of acceptance
I. Unless otherwise agreed in the individual contract, all deliveries are ex works (Incoterms 2020). TTT is not obligated to load goods or equipment onto the customer's means of transport or to provide assistance in this regard. If, however, transport or loading assistance is provided, a separate, reasonable fee will be charged.
II. All transport, customs, duties and incidental costs shall be borne by the customer.
III. The risk of loss or damage passes to the customer as soon as TTT notifies the customer that the goods are ready for collection.
IV. If the customer fails to collect the goods in a timely manner, TTT is entitled to store the goods at the customer's expense or, after setting a grace period of at least 14 days, to withdraw from the contract and dispose of the goods elsewhere. In addition, a contractual penalty of 30% of the contractually agreed price shall be deemed agreed. Further claims for damages remain unaffected.
5. Cost estimates
I. Cost estimates are generally non-binding unless expressly agreed otherwise. Changes resulting from the customer's circumstances may be billed separately at reasonable rates.
II. Cost estimates are subject to a fee unless otherwise agreed. If a contract is concluded based on a cost estimate, any costs incurred for its preparation will be credited towards the agreed fee.
6. Payment terms and late payment
I. All prices are in euros and exclude statutory VAT.
II. The price quoted in the offer includes only the services expressly described therein. Additional services or subsequent changes will be billed separately.
III. Unless otherwise agreed, 50% of the agreed fee is due as a deposit before the commencement of services. The remaining balance is payable within 14 days of the invoice date.
IV. TTT is entitled to demand full prepayment in the event of a significant deterioration in the customer's economic situation.
V. Discounts or other deductions are expressly excluded.
VI. In case of late payment, TTT is entitled to withhold services without itself being in default.
VII. In case of late payment, default interest will be charged at a rate of 9.2 percentage points above the base interest rate (§ 456 UGB). In addition, reminder and collection costs, but at least EUR 40,000, must be reimbursed.
VIII. TTT is entitled to declare all outstanding claims immediately due and to forfeit any discounts or concessions without compensation.
IX. Price changes of up to 15% due to increased costs (e.g., energy, personnel, materials) are considered to be pre-approved.
7. Cancellation policy
I. The customer is entitled to withdraw from the contract, subject to the following cancellation conditions:
- Up to 11 weeks before the first day of deployment: free of charge
- From 10 weeks before the first day of deployment: 50% of the agreed fee
- From 8 weeks before the first day of deployment: 75% of the agreed fee
- From 4 weeks before the first day of work: 100% of the agreed fee
II. Cancellations must be in writing. The decisive factor is the date on which the cancellation notice is received by TTT.
8. Set-off and assignment
I. A set-off is only permissible with legally established claims.
II. The assignment of claims against TTT requires prior written consent.
9. Warranty and Guarantee
I. Received services and goods must be inspected immediately. Obvious defects must be reported in writing within 14 days at the latest.
II. If a proper notice of defects is not given, services are deemed to be approved.
III. Minor deviations do not constitute a defect.
IV. The warranty period is a maximum of 12 months. The presumption of defects pursuant to § 924 ABGB is excluded.
V. Warranty claims are limited to repair or replacement. Cancellation is excluded.
VI. Unauthorized modifications by the customer or third parties will result in the complete loss of warranty claims.
VII. Guarantees are only given if expressly agreed to in writing.
10. Compensation for damages
I. The customer is liable without limitation for damages caused by his fault.
II. TTT is liable only for intent and gross negligence. Liability is limited to the value of the order.
III. Liability for consequential damages, lost profits or purely financial losses is excluded.
IV. The customer bears the burden of proof for TTT's fault.
V. Claims for damages must be asserted in court within 12 months.
11. Force Majeure and Impossibility
I. Events of force majeure release TTT from the obligation to comply with binding deadlines.
II. If performance becomes impossible due to force majeure, the contract shall be deemed cancelled.
III. If the cause lies within the customer's sphere, the right to payment remains.
IV. If the cause lies within TTT's sphere of responsibility, the entitlement to payment for services not rendered is forfeited.
12. Intellectual property rights
I. All rights to offers, concepts, plans and documents remain with TTT.
II. Any transfer or use by third parties requires written consent.
III. TTT is entitled to name the customer as a reference.
13. Use of subcontractors
I. TTT is entitled to use subcontractors or agents to fulfill the contract and remains responsible to the customer.
Section B – Equipment Rental
14. Scope of application
I. Insofar as the respective individual contract concerns the rental of equipment and/or other movable property (hereinafter referred to as "rental items") by TTT GmbH (Tailored Tech & Tactics), the following provisions of this Section B shall apply in addition.
15. Leased Object and Ownership
I. All rental items are rented exclusively through TTT.
II. All rental items are owned or controlled by TTT. No ownership is transferred by concluding a rental agreement.
16. Contract duration
I. The rental period begins at the contractually agreed time of collection or handover of the rental items and ends with their proper return at the agreed time.
17. Customer rights and obligations
I. The customer must provide TTT with all information relevant to the rental no later than upon conclusion of the contract. If the customer fails to do so, they bear the resulting risk while remaining obligated to pay.
II. The customer is obligated to use the rented items carefully, properly, and exclusively in accordance with their agreed-upon purpose. In particular, they are responsible for professional setup, installation, operation, and storage.
III. Without the express written consent of TTT, the customer is prohibited from:
- To pass on or sublet rented items to third parties,
- to make structural, technical or optical changes,
- Removing, covering, or altering any TTT markings or trademarks.
IV. Upon receipt, the customer must inspect the rental items for completeness and any obvious defects. Any defects must be reported in writing without delay. Failure to report such defects will be deemed acceptance of the rental items in proper condition. Subsequent objections are excluded. Clause 9 of these Terms and Conditions applies accordingly, with the exception that rent reductions pursuant to Section 1096 of the Austrian Civil Code (ABGB) are expressly excluded.
V. Unless otherwise agreed, the customer confirms upon acceptance of the rental equipment that they possess the necessary knowledge to handle it. Otherwise, paid training from TTT must be arranged. All instructions given must be strictly followed.
VI. The rented items must be returned complete, undamaged, on time, and in their original condition. Acceptance of the returned items by TTT does not constitute an acknowledgment of their being free of defects. TTT is entitled to subsequently determine and charge for any damages.
18. Rent and late payment
I. The rental fee is charged for each commenced calendar day. In case of late return, the rental fee is payable for each additional commenced day.
II. In addition, TTT is entitled to charge the customer in full for any costs incurred for replacement rentals.
III. The rental fee is also owed if the rented items are not used or are only used to a limited extent. The customer bears the economic risk of use.
IV. Consumables are not included in the rental price and will be charged separately.
V. In the case of longer rental periods, TTT expressly reserves the right to make partial invoices.
VI. In case of late payment, TTT is entitled to immediately prohibit further use of the rented items and to suspend services. Point 6 of the General Terms and Conditions remains unaffected.
19. Insurance, permits and fees
I. The customer is obligated to adequately insure the rented items, particularly against theft and damage, at their replacement value. Insurance through TTT is only provided upon explicit agreement and at the customer's expense.
II. Lost or damaged rental items, accessories and packaging will be charged to the customer at the new price.
III. All official permits, safety inspections, electrical connections and ongoing operating costs are the responsibility of the customer.
IV. The customer is responsible for fulfilling all legal obligations, in particular in connection with collecting societies (e.g. AKM) or other fees (e.g. GIS).
20. Compensation
I. The customer is liable for all damage to rented items during the rental period, regardless of cause or fault.
II. The customer is further liable for damage to persons or property caused by improper use of the rented items, unless these are operated by TTT itself.
III. For rental periods exceeding one week, the customer also bears the risk of normal wear and tear.
IV. TTT excludes liability for damages resulting from failures or malfunctions of the rented items during the rental period.
V. The customer bears the sole risk of finding a suitable installation site.
21. Seizure and Insolvency
I. If rented items are seized or subject to other rights of third parties, the customer must immediately point out TTT's ownership.
II. In the event of the customer's insolvency, the customer shall provide TTT with the best possible support in enforcing claims for segregation.
22. Extraordinary termination
I. TTT is entitled to terminate the contract with immediate effect for good cause, in particular if:
- Rented items are used in a grossly improper manner
- Due fees are not paid within 14 days despite a reminder.
II. Further claims by TTT remain unaffected.
Section C – Sales and assembly work
23. Scope of application
I. This section applies to contracts for the sale of goods, assembly work and contracts for the supply of goods by TTT.
24. Customer's Obligations
I. The customer must provide TTT with all information necessary for the proper fulfillment of the contract in a timely manner. Failure to do so will be at the customer's expense, while the obligation to pay remains.
25. Retention of title and resale
I. Delivered goods remain the property of TTT until full payment has been received.
II. TTT is entitled to reclaim goods subject to retention of title or to otherwise dispose of them.
III. The customer is obliged to carefully store, mark, and insure goods subject to retention of title at their replacement value at their own expense.
IV. Attachments or other third-party claims must be reported to TTT immediately.
V. The customer is entitled to resell goods subject to retention of title in the ordinary course of business. Claims arising from such resale are hereby assigned to TTT.
VI. TTT is entitled to inform third parties about this assignment.
26. Delay in performance
I. In the event of a delay by TTT, the customer must in any case grant a grace period of at least 14 days.
27. Warranty
I. Warranty claims are excluded as long as the purchase price has not been paid in full.
28. Compensation
I. In the case of contracts for work and materials, TTT is not liable if the customer insists on a specific design despite being advised accordingly.
II. Free work is performed as a courtesy; liability for this is excluded.
Section D – Events and Events
29. Scope of application
I. Insofar as the respective individual contract concerns the planning, advising, consulting, execution and/or holding of physical, hybrid and/or digital events (hereinafter referred to as "event contract"), the provisions of this section D shall apply in addition.
II. If the event contract also includes the rental of equipment, the sale of goods or the supply of work, then in addition to this section, the relevant sections B and C of these terms and conditions also apply.
30. Performance
I. TTT offers the following types of services in particular as part of event contracts:
- Physical events: Planning and execution of events with the physical presence of all participants;
- Hybrid events: a combination of physical attendance and digital participation;
- Digital events: fully virtual execution without physical attendance.
II. The specific scope of services is determined exclusively by the individual contract or the underlying offer.
31. Optional testing and acceptance
I. The following provisions shall only apply if an inspection and acceptance procedure has been expressly agreed upon in the individual contract.
II. Prior to the event, a joint rehearsal or test run of the technical and organizational procedures may be conducted. A record of this rehearsal or test run must be drawn up and signed by both contracting parties.
III. The trial or test run forms the decisive basis for assessing TTT's contractual performance.
IV. Any defects must be reported by the customer immediately during the test run and recorded in the report. If no report is made or the test run is omitted for reasons attributable to the customer, the service shall be deemed to have been properly accepted.
32. Customer's Obligations
I. The customer shall provide TTT with all information required for the planning, preparation and execution of the event in a timely manner.
II. If the event takes place outside of TTT's premises, the customer must ensure in particular that:
- qualified personnel are available on site to provide support;
- all necessary access to infrastructure and premises will be granted;
- suitable workspaces and equipment are available;
- a stable and sufficient power and network supply exists;
- TTT is informed about all risk factors (e.g., lines, connections);
- TTT's equipment, materials and supplies are protected from damage and theft;
- all necessary official permits must be obtained in good time;
- Sufficient insurance coverage exists.
33. Performance deadlines and delays
I. Ongoing agreed performance dates in connection with events must be confirmed by the customer immediately in written form.
II. After confirmation, changes can only be made by mutual agreement.
34. Intellectual property rights
I. If the customer provides software, platforms or systems, he is responsible for complying with the respective license terms.
II. All rights to project-related documents, plans, software solutions and technical concepts remain with TTT.
III. The customer is granted a time-limited license to use the work for the duration of the event, which expires automatically upon completion of the event.
35. Warranty for events
I. For hybrid and digital events, TTT depends on external factors (e.g., internet connections, platforms, network infrastructure). Continuous availability or stability cannot be guaranteed.
II. Service disruptions caused by incorrect operation or actions of the customer or its participants do not give rise to any warranty claims.
36. Compensation for damages and cancellation of the event
I. TTT assumes no liability for the achievement of the customer's economic, organizational or other objectives in connection with the event.
II. If the event is cancelled or prematurely terminated and the cause lies within the customer's sphere of responsibility, TTT is entitled to charge the full contractually agreed fee. Further claims for damages remain unaffected.
Section E – Final Provisions
37. Data protection
I. TTT processes the customer's personal data exclusively for the purpose of fulfilling the contract and in compliance with the applicable data protection regulations.
II. Further information can be found in TTT's privacy policy.
38. Applicable law, jurisdiction and place of performance
I. Austrian substantive law shall apply exclusively, excluding the conflict-of-laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
II. For all disputes, the competent court in Vienna shall have jurisdiction, provided this is legally permissible. TTT is also entitled to bring an action before the court at the customer's place of business.
III. The place of performance is Vienna.
39. Contact details
TTT GmbH (Tailored Tech & Tactics)Anisgasse 261220 WienÖsterreich
Email: office@tt-gmbh.at Website: www.tt-gmbh.at
40. Further provisions
I. The contract language is German.
II. The undersigned confirms that they are authorized to legally represent the customer. TTT is entitled to request corresponding proof (e.g., an excerpt from the commercial register).
III. References to laws refer to Austrian law in its currently valid version.
IV. Should any provision of these Terms and Conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to its intended economic purpose.
V. Any deviations from these Terms and Conditions require the written consent of TTT. This also applies to any waiver of this written form requirement.
VI. Employees of TTT are not authorized to make oral side agreements or give assurances that go beyond the written content of the contract.
VII. By signing the individual contract, the customer fully agrees to these terms and conditions.
