Validity, General information
The deliveries, services and offers of our company are executed solely on the basis of these terms and conditions; we do not recognise any terms and conditions of the Customer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing; in this case, however, these shall only apply to the respective legal transaction, but not to subsequent transactions, and contractual performance on our part shall not apply as acceptance of contractual terms and conditions deviating from our terms and conditions. By accepting the goods, the Customer acknowledges these terms of delivery to the exclusion of his own terms of purchase. These terms and conditions shall also apply as a framework agreement for all other legal transactions between the Contracting Parties.
Offers, Conclusion of contract
- Our offers are subject to change and are non-binding.
- All contracts shall be concluded upon receipt of our written order confirmation, and no later than upon handover of the goods.
- If offers are addressed to us, the offeror shall be bound to a reasonable period of at least 8 days from receipt of the offer. A contract offer from a Customer shall also require a written order confirmation.
- The documents pertaining to our offers, such as illustrations, drawings, weight, dimensions, performance and consumption data, are only approximate information. We reserve the right to make design-related changes.
- We reserve the right of ownership and copyright to offers, drawings and all other documents. They may not be made accessible to third parties or used for their purpose.
- For all deliveries and services, our price lists shall apply in the version valid at the time of delivery or service.
- We reserve the right to create and send offers, delivery notes and invoices electronically.
Prices, Payment terms, Default
- The prices stated at the time of conclusion of the contract shall apply.
- If labour costs change due to collective agreement regulations in the industry or internal agreements or if other cost centres relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc., change, we shall be entitled – with the exception of consumer transactions – to increase or reduce the prices accordingly.
- Prices are ex works/warehouse excl. VAT and packaging. Packaging shall not be taken back.
- Additional costs for requested express shipping shall be borne by the Customer, as well as taxes, contract fees, export and import duties, as well as customs and expenses.
- Unless otherwise agreed, the purchase price shall be due for payment without deduction immediately upon receipt of the goods. Discount deductions require a separate, written agreement. In the event of default in payment, even with partial payments, any discount agreements shall also cease to apply.
- In the event of default in payment by the Customer, we shall be entitled, at our discretion, to claim compensation for the damage actually incurred or default interest at the statutory rate. In the event of default in payment by the Customer, our company shall be entitled to demand compound interest from the date of delivery of the goods.
- In the event of default in payment by the Customer, we shall be entitled to withdraw from the contract and take back the reserved goods at the expense of the Customer. Furthermore, in the event of default in payment, we shall be released from all further performance and delivery obligations and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
- In the event of default, the contractual partner (Customer) undertakes to reimburse the dunning and collection expenses incurred by the creditor, whereby he undertakes in particular to reimburse the costs of the debt collection agency involved. If the creditor conducts the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 per half-year, net in each case, for keeping a record of the contractual obligation in the dunning process.
- The date of receipt of payment for all means of payment is the date on which the amount is at our disposal. Cheques and bills of exchange shall not be accepted.
- We reserve the right to request advance payments before delivery.
- Our sales prices do not include costs for delivery, assembly or installation. On request, however, we shall provide or organise these services subject to separate fees. For transport or delivery, the actual costs incurred, including a reasonable administrative fee, but at least the freight and transport wages of the selected mode of transport applicable or customary on the date of delivery, shall be invoiced.
- For services such as assembly, repairs, maintenance or similar work, we shall charge the hourly rates and material prices applicable upon completion of the service, whereby a standard man-hour rate for the industry shall be deemed to have been agreed. Travel and waiting times are working hours. For overtime, night, Sunday and public holiday work, the surcharges applicable to us shall be charged. Travel expenses as well as daily and overnight allowances shall be invoiced separately.
- We shall only be obliged to perform the service when the Customer has fulfilled all his obligations that are necessary for execution, in particular, all technical and contractual details, preparatory work and preparatory measures. For services such as assembly, repairs, maintenance or similar work on site, the Customer shall have to provide us with the necessary auxiliary staff, as well as the necessary equipment and auxiliary materials (e.g. electricity, etc.) in good time and free of charge, even if the assembly is included in the price. Any necessary substructure must be completed before the fitter arrives. In addition, the Customer must take the necessary safety measures to protect persons. We shall assume no liability for the auxiliary staff, equipment and auxiliary materials provided to us.
Delivery, Transport, Default in acceptance
- Shipping shall be executed carriage forward at the expense of the Customer.
- Any transport damage and losses shall have to be claimed by the Customer immediately upon receipt of the goods and certified by the carrier.
- We shall be entitled to make partial deliveries.
- Delayed delivery due to unforeseeable circumstances through no fault of our own (e.g. labour disputes, operational disruptions, transport problems, lack of raw materials, etc.) may be postponed by us for the duration of the hindrance. We shall be entitled to withdraw from the contract in whole or in part if such hindrances occur. If the delivery exceeds the deadline by more than 8 weeks, the Customer shall have the right to withdraw from the contract. In this case, claims for compensation on the part of the Customer shall be excluded.
- We shall be entitled to exceed the agreed dates and delivery periods by up to one week. Only upon expiry of this period can the Customer withdraw from the contract in the event of a delay in delivery caused by us due to negligence, after setting a reasonable grace period of at least 2 weeks.
- Compensation claims in the event of delay in delivery shall be excluded.
- We only take out transport insurance on behalf of and at the expense of the Customer.
- Delivery items returned for credit or exchange shall only be taken back if they arrive in perfect condition and with notification of the number and date of the invoice or the delivery note within 4 weeks of delivery.
- Custom-made products or orders cannot be returned after prior notice from us.
- If the Customer has not taken over the goods as agreed (default in acceptance), we shall be entitled, after setting an unsuccessful grace period, either to store the goods at our premises, for which we shall charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store them at the expense and risk of the Customer in an authorised commercial warehouse. At the same time, we shall be entitled either to insist on fulfilment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and to use the goods elsewhere.
- In the event of withdrawal, we shall have the choice of claiming a lump-sum compensation of 15% of the gross invoice amount or compensation for the damage actually incurred.
- If the Customer withdraws from the contract - without being entitled to do so - or if he requests its cancellation, we shall have the choice of insisting on fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, the Customer shall be obliged, at our discretion, to pay a lump-sum compensation in the amount of 15% of the gross invoice amount or the actual damage incurred.
- In the case of distance contracts (Sections 5a et seq. of the Austrian Consumer Protection Act), the consumer shall be able to withdraw from the contract within 14 working days, whereby Saturdays do not count as working days. The period begins on the date of receipt of the goods by the consumer or, in the case of services, on the date of conclusion of the contract. It shall be sufficient to send the notice of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he shall bear the costs of returning the goods; if a loan has been concluded for the contract, he must also bear the costs of a required certification of signatures as well as the fees for granting the loan. In the case of services whose execution is commenced within 14 working days from the conclusion of the contract, a withdrawal shall not be possible.
Place of performance
The place of performance is the registered office of our company.
Minor performance changes
If it is not a consumer transaction, minor or other changes to our performance or delivery obligation that are reasonable for our customers shall be deemed to have been approved in advance. This shall apply in particular to deviations caused by the item (e.g. dimensions, colours, wood and veneer pattern, grain and structure, etc.).
All compensation claims shall be excluded in cases of minor negligence. This shall not apply to personal injury or, in the case of consumer transactions, to damage to items received for processing purposes. Insofar as the matter does not involve a consumer transaction, the existence of minor or gross negligence shall have to be proven by the injured party. If it is not a consumer transaction, the limitation period for compensation claims is three years from the transfer of risk. The provisions on compensation contained in these terms and conditions or otherwise agreed upon shall also apply if the compensation claim is asserted in addition to or instead of a warranty claim.
Before connecting or transporting IT products or before installing computer programs, the Customer shall be obliged to sufficiently secure the data already on the computer system, otherwise he shall have to bear responsibility for lost data and for all associated damages.
Recourse claims within the meaning of Section 12 of the Austrian Product Liability Act shall be excluded, unless the person entitled to recourse proves that the defect was caused at least by gross negligence on our part.
The warranty period is six months, unless it is a consumer transaction. The warranty period shall not be interrupted by repair or replacement of defective parts. The warranty period for assembly, repairs and maintenance is three months.
Insofar as we provide a warranty, we shall, at our discretion, either exchange the defective item for a flawless item, repair it or issue the Customer with a price reduction or corresponding credit. Exchanged items shall become our property. The costs of remedying defects carried out by the Customer or third parties shall not be reimbursed by us without prior written consent.
Claims from warranty for the following issues are excluded:
- Usual, use-related wear and tear or damage
- Consequences of unintended use (e.g. pressure, medium, temperature) or incorrect assembly of the components
- Improper use or operation as well as violent damage
- Consequences of unsuitable, unapproved components or modifications
- Damage or destruction by third parties or by force majeure
- An increase in damage by putting the item into operation before completion of a repair by us or by continuing to operate it despite the occurrence of damage
- Damage caused by improper repairs or repair attempts which were not carried out by us
- Deviations of the delivery item within usual tolerances
- Parts not supplied by us
Retention of title and its assertion
We shall remain the owner of the goods and deliveries until full payment of all claims arising from the contract, including all ancillary claims with the Customer. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared.
In the event of access by third parties to the reserved goods - through seizures in particular - the customer undertakes to point out our ownership and to notify us immediately. If the Customer is a consumer or not an entrepreneur whose proper business operations include trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been settled in full and, in particular, may not sell, pledge, give away or lend them. The Customer shall bear the full risk for the reserved goods, in particular, for the risk of destruction, loss or deterioration.
Assignments of claims
In the case of delivery under retention of title, the Customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until the final payment of our open debt claims. Upon request, the Customer shall have to tell us his buyers and inform them of the assignment in good time. The assignment shall have to be entered in the company accounts, in particular, in the open item list and shall have to be made visible for the Customer on delivery notes, invoices, etc. If the Customer is in default with his payments to us, the sales revenue received by him shall have to be separated and held by him only in our name. Any claims against an insurer have already been assigned to us within the limits of Section 15 of the Austrian Insurance Contract Act. Claims against us may not be assigned without our express, written consent.
If it is not a consumer transaction, the Customer shall not be entitled to withhold the entire cost, but at most the cost required for possible remedy/improvement in the event of a justified claim, except in cases of rescission.
Choice of law, Place of jurisdiction
Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The Contracting Parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of our company shall have exclusive local jurisdiction to settle all disputes arising from this contract.
If individual provisions of the contract with the Customer, including these GTCs, are void, this shall not affect the validity of all other provisions or agreements.
Data protection, Change of address and Copyright
The GDPR regulations apply in general. We undertake to protect personal information. The Customer gives his consent to our automatic retention and processing of the personal data contained in the purchase contract in fulfilment of this contract.
For the duration of retention within our company, data shall be protected by adequate technical and organisational measures in such a manner that no one but the intended persons shall gain access to it. This data shall be used solely for the purpose of proper fulfilment of the contract and shall be deleted upon expiry of the statutory retention periods for this data. We undertake to maintain the confidentiality of internal information and trade secrets that are made available to us in the course of the cooperation. This obligation shall also apply beyond the end of the business relationship. Conversely, this shall also apply to the Customer.
Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property; the Customer shall not receive any form of work use or exploitation rights.