General Terms and Conditions of TURF Handels GmbH

Application

The deliveries, services and offers from our company are made exclusively on the basis of these terms and conditions; we do not accept the customer’s terms that differ from our terms and conditions unless we expressly consent to their application in writing. Our actions to fulfil the contract shall not be deemed to be consent to contractual conditions that differ from our terms and conditions. These terms and conditions shall also apply as a master agreement to all further transactions between the contractual parties.

Conclusion of contract

A contractual offer from a customer requires written order confirmation. Sending the goods ordered by the customer also represents conclusion of a contract. If we receive offers, the bidding party shall be bound by a reasonable period of not less than 8 days from receipt of the offer.

Price

Unless expressly stated otherwise, all prices quoted by us are exclusive of VAT. If labour costs change due to collective bargaining provisions in the industry or due to agreements within the company, or if other costs centres relevant for the calculation of costs necessary to provide the work and services change, such as for materials, energy, transport, contractors, finance, etc., we reserve the right to increase or reduce the prices correspondingly. No. III shall not apply to consumer transactions.

Payment conditions, default interest

Unless agreed otherwise, our claims are payable in cash in return for handover of the goods. Discounts require a separate written agreement. In the case of default, also with part-payments, discount agreements shall lapse. Payments by the customer shall only be deemed paid from the date of receipt in our business account.
In case of default by the customer, we reserve the right either to demand compensation for the actual loss incurred or to charge default interest at the statutory rate. Our company reserves the right, in the case of default, also to demand compound interest from the date the goods were handed over.

Withdrawal from contract

In case of delayed acceptance (No. VII.) or other good reasons such as customer bankruptcy or refusal of bankruptcy due to lack of assets, as well as in case of default, we reserve the right to withdraw from the contract, insofar as it has not yet been entirely fulfilled by both parties. In case of withdrawal, we can choose to demand either general compensation at 15 % of the gross invoice amount or reimbursement of the actual losses incurred. In case of default by the customer, we are released from all further delivery and service obligations and we reserve the right to withhold outstanding deliveries or services and to demand prepayments or security or, after setting a reasonable additional period, to withdraw from the contract. If the customer withdraws from the contract - without being entitled to do so - or demands its termination, we can choose to insist on fulfilment of the contract or consent to termination of the contract; in the latter case and at our choice the customer shall either pay general compensation at 15% of the gross invoice amount or pay the losses actually incurred.
For contracts concluded through distance selling (sections 5a et seq. Consumer Protection Act), the consumer can withdraw from the contract within 7 working days, whereby Saturdays are not considered working days. The term shall start on the day the goods are received by the consumer or, for services, on the day the contract is concluded. Sending the declaration of withdrawal within this period shall suffice. If the consumer withdraws from the contract in accordance with this condition, they shall bear the costs for return of the goods; if credit has been agreed for the contract, they shall also bear the costs for a required certification of signatures and the costs (fees) for granting the credit. Withdrawal is not possible for services that have already been started as agreed within 7 working days of conclusion of the contract.

Dunning and debt collection costs

In case of default, the contractual partner (customer) shall reimburse all dunning and debt collection costs incurred by the creditor; specifically they shall reimburse the costs of the debt collection agency engaged. If the creditor performs the dunning itself, the debtor shall pay the amount of EUR 10.90 net per reminder and the amount of EUR 3.63 net per six-month period for retention of evidence of the debt relationship in the dunning.

Delivery, transport, delayed acceptance

Our sales prices do not include costs for delivery, assembly or erection. Upon request, however, these services can be provided or organised by us for a separate charge. The actual costs plus a reasonable administration fee, but at least the freight and carriage charges for the selected transport method shall be billed for transport and delivery. Assembly work is charged according to the time involved, whereby a person-hour rate standard in the industry is deemed to be agreed.
If the customer does not accept the goods as agreed (delayed acceptance), after expiration of an additional period we reserve the right to charge storage costs of 0.1 % of the gross involve amount per calendar day or part thereof, or to store the goods with an authorised company at the customer’s costs and risk. At the same time we reserve the right either to insist on fulfilment of the contract or, after setting a reasonable additional period of at least 2 weeks, to withdraw from the contract and to use the goods otherwise.

Delivery period

We are only required to provide work and services once the customer has fulfilled all their obligations, which are necessary for execution, notably all technical and contractual details, preliminary work and preparatory measures.
We reserve the right to exceed the agreed deadlines and delivery periods by up to one week. The customer can only withdraw from the contract after the expiration of this period after setting a reasonable additional period.

Place of performance

Place of performance is our company’s place of domicile.

Slight changes to service

If this is not a consumer transaction, negligible or other changes reasonable for our customers to our service and delivery obligation shall be deemed to be approved in advance. This shall apply in particular to deviations caused by the item (e.g. dimensions, colours, wood and veneer, texture and structure, etc.).

Compensation

All claims for compensation are excluded in cases of slight negligence. This shall not apply to personal injuries or to consumer transactions for damages to items assumed for processing. If the transaction is not with a consumer, the damaged party shall prove the existence of slight or gross negligence. If the transaction is not with a consumer, the expiration period for compensation claims is three years from transfer of risk. The conditions regarding compensation contained in these general terms and conditions or agreed elsewhere shall also apply if the claim for compensation is asserted alongside or instead of a guarantee claim.
Before connection or transport of technical IT products or before installation of computer programs, the customer shall sufficiently backup the data already on the computer system; otherwise it shall be responsible for lost data and for all associated losses.

Product liability

Regress claims as defined in s. 12 Product Liability Act is excluded unless the regress beneficiary demonstrates that the fault was caused in our sphere and was caused at least through gross negligence.

Retention of title and assertion of same

All goods are supplied by us subject to retention of title and shall remain our property until payment in full. The assertion of retention of title only includes withdrawal from the contract is this is expressly declared. If retrieving goods, we reserve the right to charge any transport and handling costs incurred. In case of intervention by third parties in respect of goods that are still our property - in particular when they are seized - the customer shall refer to our property and immediately inform us. If the customer is a consumer or not a company, whose ordinary business includes trading with goods purchased from us, until payment in full of the outstanding purchase price they may not dispose of the goods that are still our property, in particular they may not sell, pledge, give or lend them. The customer shall bear the full risk for the goods that are still our property, in particular the risk of destruction, loss or deterioration.

Assignment of claims

For delivery subject to retention of title, the customer herewith assigns its claims against third parties, insofar as they arise from the sale of processing of our goods, to us until payment in full of our claims. Upon request, the customer shall name its purchasers to us and inform them promptly of the assignment. The assignment shall be registered in the accounts, notably in the outstanding items list and be stated on delivery notes, invoices, etc. for the purchaser. If the customer is in default with its payments to us, the sales revenue received by it shall be separated and the customer shall retain it only in our name. Any claims against an insurer are herewith transferred to us within the restrictions of s. 15 Insurance Contract Act. Claims against us may not be transferred without our express written consent.

Retention

If the customer is not a consumer, in the case of a justified complaint the customer does not reserve the right to withhold the full costs, but instead only the maximum costs required for possible correction/improvement, except in cases of recovery.

Choice of law, place of jurisdiction

Austrian law shall apply. Application of the UN Convention on the International Sale of Goods is expressly excluded. The contractual language is German. The contractual parties agree Austrian domestic jurisdiction. If the customer is not a consumer, the materially competent court at our place of domicile is exclusively responsible locally for settling all disputes deriving from this contract.

Data protection, change of address and copyright

The customer grants it consent that the personal data contained in the purchase agreement
can be saved and processed by us using computers in order to fulfil this contract.
The customer shall provide us in writing with their home or business address as long as the transaction, which is object of the contract, has not been fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received if they are sent to the last known address.
Plans, sketches or other technical documents, along with samples, catalogues, brochures, illustrations and the like shall always remain our property; the customer shall not receive any rights of use or exploitation of any kind.