Terms of sale

Terms & Conditions of Sale

The following provisions set forth the terms and conditions on which the company Airbutler sells its products. They were originally written in German & are thusly legal in this language.

I Validity
Deliveries, performances & offers provided by our Company will be carried out exclusively on the basis of these conditions. We don’t admit opposite conditions on the part of the client which deviate from our own, unless we have previously approved their validity in writing. Operations of execution of the contract on our part don’t apply as acceptance of terms of sale which differ from our own. These conditions apply as general agreement in regard to all further acts of legal significance between the contracting parties.

II Contract conclusion
An offer of contract made by a client requires a sales confirmation. The conclusion of the contract is effected by the dispatching of the merchandise which the client has commissioned.

III Prices
All Prices are exclusive of VAT, unless otherwise stated in writing. They are ex stock in Linz, Austria.

IV. Terms of payment & default interest
For lack of contrary arrangement, outstanding bills are to be paid at the time of delivery of the merchandise within a 10 days term of payment. Cash discounts require an authorisation in writing. In the event of a delay in payment, also in the case of a down payment, all possible discounting agreements become invalid. Payments on the part of the client are not valid until we have received the funds in our business account. We are entitled, in case of a delay in payment initiated by the client, to claim the refund of the factual value of the loss or otherwise default interests to a legal extent. Our company is eligible to claim default interests in the event of a delay in payment by the client after the 10 days term of credit which is applicable for the merchandise has expired. The client has the following invoicing options after the order has been confirmed: prepayment (3% discount), automatic debit transfer system (3% discount) or invoice (10 days term of payment). When the value of the merchandise exceeds € 8000 after tax, the 3% discounting can only be applied after having been approved in writing by the KA & KO Company. We are not accountable for eventual bank service charges. The client has to pay all the charges for a money transfer when transferring money internationally. A €15 fee will be charged when paying with checks. In case of a direct debiting scheme not being effected for whichever reason (wrong account data, no funds on account…), the client has to pay all the incurring fees in case of a failed debiting. In the event of modifications or the forwarding of an invoice which has been already issued, a € 5 arrangement fee is applicable. Email of Fax forwarding is free of charge.

V. Contract repudiation
In case of default of acceptance (article VII.) or other relevant causes, in particular if bankruptcy or dismissal of bankruptcy for lack of assets on the part of the client occurs, in case of a delay in payment likewise, an annulment of the contract is legitimate on our end, provided that the contract has not been fully executed on both ends. In the event of contract resignation, we are entitled to assert a claim for compensation of damages amounting to a 15% flat rate of the total pre-tax invoice or to a compensation of the factual damage incurred. In case of a delay in payment, we are also free of any further liability in regard to delivery & assignment. In that event, we are also entitled to retain the deliveries & performances of work which are still due, furthermore to assert a claim for prepayment, respectively indemnification, or to retract from the contract after an appropriate period of respite. If the client resigns from the contract without being entitled to do this or if he asserts a claim for an annulment, thus we have the option, either to hold on to the completion of the contract or to agree to its annulment. In the latter case, the client is liable to compensate for the damage while paying a 15% flat rate of the total pre-tax invoice or paying for the incurred factual damage. In regard to the completion of the contract within the distance selling regulations (§§ 5a ff Consumer Protection Act), the customer can resign from the contract within 7 working days (Saturday is not a working day). The appropriate time period begins with the day of reception of the merchandise on the customer’s end, respectively with the day of completion of the contract in regard to performances of work on our end. It is sufficient to forward the statement of annulment within this time period. If the customer resigns from the contract according to these regulations, he has to come up himself for the return consignment of the merchandise. It is not possible to resign from the contract in terms of performances which have been begun with, according to the agreement, within 7 working days after the contract has been completed. In regard to transport damage occurred in transit or to damages in general, we have to be notified within 5 working days of receipt of order. There is no claim for compensation or redemption otherwise.

VI. Reminder fees & expenses of collection
The contracting partner, meaning the client, commits to compensating for the incurring fees in case of a delay in payment, whether they are reminder fees or expenses of collection, provided that they are incurred appropriately & they are necessary in terms of an expedient preparation of claims. The client commits especially to compensating maximally for the rewards being charged by the intervening collection institute (to be accurate) which arise out of the statutory ordinance of the Austrian Ministry of Trade & Labour (BMWA) in terms of the maximum rates charged by the collection institutes. As far as the creditor organizes the reminder in person, the debtor is liable to pay an amount of €12 for any effected reminder, likewise as long as the debtor is in default & accountable for the reminder, an amount of € 3,63 for a six months period.

VII. Consignment, delivery & default of acceptance
All sale prices do not include charges for consignment, setting up or installation. Upon request, we can organize these performances with an additional cost. In that matter, we only charge the incurring factual costs plus an appropriate contracting fee. However, we do not charge less than the regular charges which are due on the day of consignment in accordance with the customary freight wages which apply within the shipment method selected. Installation work will be charged according to time expenditure whereas the wages of the respective trade apply. If the client is not able to assume the reception of the merchandise as agreed upon (default of acceptance), we reserve the right, after granting an additional respite, to put the merchandise at our storage capacity in Linz, Austria (a storage fee will apply, amounting to 0,1% of the total pre-tax invoice for each starting working day). Otherwise, the merchandise will be put at the client’s own expense & risk at another authorized storage capacity. At the same time, we are entitled whether to hold on to or to withdraw from the contract after granting an appropriate 2 weeks additional respite & to dispose of the merchandise unless otherwise agreed. The client is requested to inspect the delivery immediately & notify us within 5 working days in case of damage during transit, respectively if the mini bar is partially damaged (body housing, missing parts…) given that there won’t be any compensation on our part.

VIII. Terms of delivery
We are not duty bound to any performance until the client has met all the necessary terms of completion of the contract in the first place. We are entitled to exceed the scheduled appointments & time limits by a week. The client cannot cancel the contract until the 4 weeks time limit has run out- a notification in writing is required at this point. In case of a delay in consignment, a compensation of any kind shall be expressly excluded. .

IX.  Place of execution
The place of execution is the registered office of the company.

X. Minor modifications of performance
If we are not dealing with a customer’s business, minor modifications will apply in regard to our performance & delivery duties- they are moderate & economically reasonable. This applies especially for conditional anomalies in relation to dimensions, colours, versions of wood & veneering, texture & structure, etc.

XI. Compensation
All claims regarding compensation are not valid in case of negligence.

XII. Product liability
Claims for compensation in terms of product liability (article §12 of the law) are not allowed unless the beneficiary can account for the origin of the claim & in so doing demonstrate that we initiated the failure in the first place because of a major negligence on our end.

XIII. Retention of title & enforcement
The merchandise will be consigned with retention of title & will remain our property until the payment is completed. There is no way to resign from the contract while the title retention is being enforced, unless expressly stipulated. In case of merchandise returns, we are entitled to charge incurring fees for transit & handling time. Likewise, in case of arbitrary access through a third party to the merchandise which is subject to retention, especially through execution, the client is bound to point out that the retention is ours & notify us without delay. Furthermore, if the client is a customer & not a contractor, who is dealing with our products in his line of business, he is in no way entitled to dispose of the merchandise which is subject to retention until he has completed the integral payment of the outstanding sale, in particular with regard to pricing, execution, distribution or bestowal. The client assumes full responsibility for the retention itself, in particular with regard to dangers such as break up, loss or possible degradation.

XIV. Assignment of existing & future claims
When the merchandise is consigned with retention of title, the client has to assign his claims towards a third party, as far as these claims originate through liquidating or through handling our merchandise until the full & final payment is completed. The client is bound on demand to give us the names of the persons with whom he is currently dealing & he is committed to notifying them about the assignment in a timely manner. The assignment has to be registered in the accounting records, especially in the list of open invoices. In addition, it has to be visible on all delivery receipts & invoices. If the client is in default with the payment, all the incoming sale revenues of his business shall be singled out & held in our name only. Any claim against an insurance carrier within the law regulations in terms of insurance contract (§15) has already been assigned to our company. Any claim against us cannot be assigned without an authorization in writing.

XV. Retention
If we are not dealing with a customer’s business & the claim is warrantable, except in the case of revocation of the contract, the client is in no way entitled to retain the totality of the pre-tax invoice but an appropriate fraction of the amount.

XVI. Choice of law & jurisdiction
Austrian law, respectively German law applies for the terms & conditions of sale of the KA & KO Company. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be expressly excluded. The language of the contract is German. The contracting partners agree on applying Austrian jurisdiction. If we are not dealing with a customer’s business, all the disputes stemming from the contract shall be settled by the court of law responsible for all internal matters at our company’s office.

XVII. Privacy protection, change of address & copyright
The client grants his approval that all the personal data involved in the contract shall be saved & handled by us through our computer automation system. Likewise, he is bound to notify us regarding eventual changes of address (whether personal or business address) as long as the legal transaction in terms of contractual services has not been completed on both ends. If we don’t receive a notification in due time, all explanatory notes still apply even if they were sent to the last disclosed address. Order related drawings, layouts & other technical documents such as templates, samples, catalogues, visuals or brochures remain our intellectual property; the client does not have any rights of any nature whatsoever to use this material in his line of work at his own disposal. The general conditions & terms of sales applying to the collective recommendations of trading (for information only & without responsibility) published by the Austrian Chamber of Trade & Commerce, trafficking business unit, concerning all members in terms of law, page 3 of the final article on additional page, are as follows: I certify hereby with my signature that I have been instructed about the general terms & conditions of sale, specifically about all the stipulations printed in bold.

XVIII. Warranty and Liability
If a claim shall arise with regard to warranty or liability, the client is bound to dispatch the product to our storage facility in Austria. The product will be picked up at your place by the Parcel Delivery Company (DPD) & will be delivered for free to our storage facility in Austria. This happens on a good will basis between the contracting parties. We are not accountable for any installation work possibly required. On a basic principle, parcels are insured in case of returns. However, if the DPD Company declines to accept the return of a damaged product due to poor packaging, the KA & KO Company is in no way accountable as well. We have to be notified about transport damages during transit with 5 working days upon receipt of order as there will be no claim for compensation otherwise. Please note that parcels have to be sent back in their original packaging. In case it is no more available, the merchandise shall be sent in a packaging of equal value.

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