Terms & Conditions
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions, we do not recognize conflicting terms or conditions of the customer deviating from our terms and conditions, unless we have expressly agreed to their validity. In this respect, performance of our performance on the part of the contract does not constitute acceptance of terms and conditions deviating from our terms and conditions. These terms and conditions apply as a framework agreement for all other legal transactions between the parties.
All prices quoted by us are, unless otherwise stated, exclusive of VAT (VAT). Should wage costs change due to collective agreements in the industry or in-house contracts or should other cost centers or services required for costing such as materials, energy, transport, external work, financing etc. change, we are entitled to change the Increase or decrease prices accordingly.
3. Terms of payment, default interest
If no agreement to the contrary has been made, our debts are to be paid in cash for delivery of the goods. Discount deductions require a separate agreement. In case of late payment, also with installment payments, also any discount agreements will be suspended. Payments by the customer shall only be deemed to have been made on the date of receipt on our business account. In the event of default of payment by the customer, we shall be entitled, at our option, to claim compensation for the damage actually incurred or default interest at the statutory rate. Our company is entitled in the case of default of payment of the customer, from the date of delivery of the goods to demand compound interest.
In case of default in acceptance or other important reasons, such as in particular bankruptcy of the customer or bankruptcy for lack of assets, as well as default of payment of the customer, we are entitled to withdraw from the contract, if it is not fully met by both sides. In the event of resignation, we have the option, if the customer is at fault, of claiming flat-rate damages of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default of payment by the customer, we shall be released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after setting a reasonable period of grace. If the customer withdraws from the contract without being entitled to do so or if he wishes to cancel the contract, we have the option of insisting on the performance of the contract or agreeing to the cancellation of the contract. In the latter case, the customer is obliged to pay a lump sum In the case of distance contracts (§§ 5a Consumer Protection Act), the consumer may withdraw from the contract within 7 working days, whereby Saturdays do not count as working days. The period begins with the day of receipt of the goods by the consumer or, in the case of services, with the day of the conclusion of the contract. It is sufficient to send the resignation within this period. If the consumer withdraws from the contract in accordance with these provisions, he has to bear the costs of returning the goods, and if the contract has been concluded with a credit, he will also have to pay the costs of necessary to carry signatures and the charges (fees) for the granting of credit. In the case of services with which we have agreed to commence work within 7 working days from the conclusion of the contract, it is not possible to resign.
5. Reminder and collection charges
The contracting party (customer) undertakes in the event of default to replace the dunning and collection charges incurred by the creditors, insofar as they are necessary for the purpose of legal prosecution, whereby he undertakes in particular to pay up to a maximum of the remuneration of the involved collection agency replace, which result from the order of the BMwA over the maximum rates of the collection institutes purging remuneration. If the creditor of the dunning system is self-employed, the debtor undertakes to pay an amount of € 10.90 per reminder and an amount of € 3.63 per half-year for keeping the debt in the dunning process.
6. Delivery, transport, acceptance delay & nbsp;
Our selling prices do not include delivery charges.
If the customer has not accepted the goods as agreed (default of acceptance) we are entitled after unsuccessful grace period either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day started. At the same time, we are entitled either to insist on fulfillment of the contract or to rescind the contract after setting an appropriate grace period of at least 2 weeks and to use the goods elsewhere.
7. Delivery Time
We shall only be obliged to perform the service as soon as the customer has fulfilled all his obligations, which are necessary for execution, and in particular has fulfilled all technical and contractual details, preparatory work and preparatory measures. We are entitled to exceed the agreed deadlines and delivery times by up to one week. Only after expiry of this period, the customer can after setting a reasonable grace period
withdraw from the contract. General Conditions of Sale for Trade Non-binding Association Recommendation, issued by the Austrian Chamber of Commerce, Trade Division, for the Chamber of Commerce attributable to its members Page 2
8. Place of performance
Place of performance is the registered office of our company
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items taken over for processing. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove. If it is not a consumer business, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall apply even if the claim for damages is asserted in addition to or instead of a warranty claim.
10. Product Liability
Claims for recourse in the sense of § 12 Product Liability Act are excluded, unless the person entitled to recourse proves that the error has been caused in our sphere and has at least been caused by gross negligence.
11. Retention of title and its validity
All goods are delivered under retention of title and remain our property until full payment. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared. With return of goods, we are entitled to charge incurred transport and handling charges. In the case of access by third parties to the goods subject to retention of title-in particular by garnishment-the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur, whose normal business involves trading in the goods we have purchased, he may not dispose of the reserved goods until the purchase price has been fully settled, in particular not sell, pledge, give or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
12. Assignment of Claims
If delivered under retention of title, the customer hereby assigns to us its claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims on account of payment. The customer must name us at the request of his customers and inform them of the assignment in good time. The assignment must be entered in the books of business, in particular in the open list of items, and made clear to the customer on delivery notes, billing documents, etc. If the customer is in arrears with his payments to us, the sales proceeds entered with him are to be segregated and the customer has these only in our name. Any claims against an insurer are already assigned to us within the limits of §15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
If it is not a consumer business, the customer is justified in justified complaint except in cases of reversal not to withhold the entire, but only a reasonable part of the gross invoice amount.
14. Choice of Law. Jurisdiction
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer business, the competent court at the registered office of our company is exclusively responsible for the local settlement of all disputes arising from this contract.
15. Privacy, Change of Address and Copyright
The customer gives his consent that the personal data contained in the purchase contract in the fulfillment of this contract are stored and processed by us in an automated manner. The customer is obliged to notify us of changes to his residential or business address, as long as the contractual transaction is not completely mutually fulfilled. If the message is omitted, declarations shall be deemed to have been received even if they are sent to the last known address. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain our intellectual property, the customer does not receive any kind of use or exploitation rights.
Subject to technical changes and errors (misprints) and price changes.