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Terms of sale
I. Validity
The deliveries, services and offers of our company take place exclusively on the basis of these terms and conditions; We do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Contract fulfillment actions on our part do not count as consent to contractual conditions that differ from our conditions. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.
II. Conclusion of Contract
A contract offer from a customer requires an order confirmation. Sending the goods ordered by the customer also concludes the contract. If offers are sent to us, the person making the offer is bound by a reasonable period of at least 8 days from receipt of the offer.
III. Prices
Unless otherwise expressly stated, all prices quoted by us include value added tax (VAT). If the wage costs should change due to collective bargaining agreements in the industry or in-house agreements or should other cost centers relevant for the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, financing, etc. increase or decrease, the prices change accordingly. Point III does not apply to end consumer transactions.
IV. Terms of payment, late payment interest
Unless otherwise agreed, our claims are to be paid in cash step by step against delivery of the goods. Discount deductions require a separate agreement. In the event of default in payment, including partial payments, any discount agreements will also become invalid. Payments by the customer are only considered to have been made when they are received on our business account. In the event of default in payment by the customer, we are entitled, at our option, 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 is entitled to demand compound interest from the day the goods are handed over.
V. Withdrawal from the contract
In the event of default in acceptance (Section VII.) Or other important reasons, such as bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as default of payment by the customer, we are entitled to withdraw from the contract, provided that it has not yet been fully fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of claiming lump-sum damages of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default in payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to request advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so, or if he requests its cancellation, we have the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract; in the latter case, the customer is obliged, at our option, to pay flat-rate compensation of 15% of the gross invoice amount or the damage actually incurred. In the case of long-distance contracts (§ 5a ff Consumer Protection Act), the consumer can withdraw from the contract within 7 working days, with Saturdays not counting as working days. The period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he has to bear the costs of returning the goods; If a loan was taken out for the contract, he must also bear the costs of the required certification of signatures and the fees (fees) for granting the loan. Withdrawal from the contract is not possible for services the execution of which is agreed to begin within 7 working days of the conclusion of the contract.
VI. Reminder and collection charges
In the event of default, the contractual partner (customer) undertakes to reimburse the obligee for the reminder and collection fees, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the debt collection agency that is involved from the ordinance of the BMwA on the maximum rates of the collection agencies due remuneration. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 every six months for keeping the debt in the dunning process on record.
VII. Delivery, transport, default in acceptance
Our sales prices do not include costs for delivery, assembly or installation. On request, however, these services can be provided or organized by us against separate payment. The costs actually incurred for transport or delivery including a reasonable surcharge for directors' costs, but at least the freight and carriage charges applicable or customary on the day of delivery for the type of transport selected, will be invoiced. Installation work is charged according to the time required, whereby a man-hour rate customary in the industry is agreed. If the customer has not accepted the goods as agreed (default of acceptance), after an unsuccessful grace period we are entitled to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount for each calendar day commenced, or at the expense and risk of the customer with an authorized tradesman. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and sell the goods elsewhere.
VIII. Delivery time
We are only obliged to perform the service as soon as the customer has met all of his obligations that are necessary for the implementation, in particular all technical and contractual details, preliminary work and preparatory measures. We are entitled to exceed the agreed dates and delivery deadlines by up to one week. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.
IX. Place of fulfillment
The place of fulfillment is the seat of our company.
X. Minor changes in service
If it is not a consumer transaction, minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed approved in advance. This applies in particular to deviations caused by the item (e.g. with dimensions, colors, wood and veneer pattern, grain and structure, etc.).
XI. Warranty, inspection and return obligation
We meet the customer's warranty claims in all cases, at our discretion, either by exchange, repair within a reasonable period or price reduction. The customer can only request rescission (cancellation of the contract) if the defect is significant, cannot be remedied by replacement or repair and a price reduction is unreasonable for the customer. Claims for damages by the customer aimed at remedying the defect through improvement or replacement can only be asserted if we are in default of fulfilling the warranty claims. Warranty claims must, if it concerns movable objects, be asserted in court within one year of delivery of the object. If the customer asserts the existence of a defect, the resulting claims, in particular with regard to warranty or compensation, can only be asserted if the customer proves that the defect already existed at the time the goods were delivered; this also applies within the first six months after delivery of the goods. In accordance with Section 377 f of the German Commercial Code (HGB), the customer must also examine the goods immediately after delivery, but within 6 working days at the latest. Defects discovered in this way must be reported to us in writing immediately, but no later than 3 working days after their discovery, stating the type and scope of the defect. Hidden defects must be reported in writing immediately, but no later than 3 working days after their discovery. If a complaint is not made or not made in good time, the goods are considered approved. Our warranty obligation expires in any case with the expiry of the warranty period; Any additional recourse by the customer in accordance with Section 933b ABGB due to self-fulfilled warranty obligations is excluded. All provisions of point XI. do not apply to consumer transactions.
XII. Compensation
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 accepted for processing. The injured party has to prove the existence of slight or gross negligence, unless it is a consumer transaction. If it is not a consumer transaction, 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 also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Before connecting or transporting IT-technical products or before installing computer programs, the customer is obliged to adequately back up the existing data on the computer system, otherwise he is responsible for lost data and for all related damage.
XIII. Product liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.
XIV. Retention of title and its enforcement
All goods are delivered by us under retention of title and remain our property until full payment has been made. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. When taking back goods, we are entitled to charge any transport and manipulation expenses incurred. If third parties access the reserved goods, in particular through seizures, the customer undertakes to point out our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business includes trading in the goods purchased by us, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, in particular not sell, pledge, give away or lend them. The customer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
XV. Assignment 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 our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The assignment must be entered in the business books, especially in the open item list, and made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer only has them in our name. Any claims against an insurer have already been assigned to us within the limits of Section 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
XVI. Retention
If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only an appropriate part of the gross invoice amount in the event of a justified complaint, except in cases of reversal.
XVII. Applicable law, court stand.
Austrian law is carried out here. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the seat of our company has exclusive local jurisdiction to resolve all disputes arising from this contract.
XVIII. Data protection, change of address and copyright
The customer gives his consent that the personal data contained in the purchase contract will also be stored and processed by us in an automated manner in fulfillment of this contract. The customer is obliged to notify us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are 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 rights of use or exploitation of any kind.
XIX. Warning
Should the content or the design of these pages violate the rights of third parties or legal provisions, we ask for a message free of charge. The elimination of any infringement of property rights by the owner of the property right may not take place without our consent. We guarantee that the passages that are rightly objected to will be removed immediately without the need for legal assistance on your part. Nevertheless, we will reject costs incurred by you without prior contact and, if necessary, submit a counterclaim for violation of the aforementioned provisions.
The deliveries, services and offers of our company take place exclusively on the basis of these terms and conditions; We do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Contract fulfillment actions on our part do not count as consent to contractual conditions that differ from our conditions. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.
II. Conclusion of Contract
A contract offer from a customer requires an order confirmation. Sending the goods ordered by the customer also concludes the contract. If offers are sent to us, the person making the offer is bound by a reasonable period of at least 8 days from receipt of the offer.
III. Prices
Unless otherwise expressly stated, all prices quoted by us include value added tax (VAT). If the wage costs should change due to collective bargaining agreements in the industry or in-house agreements or should other cost centers relevant for the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, financing, etc. increase or decrease, the prices change accordingly. Point III does not apply to end consumer transactions.
IV. Terms of payment, late payment interest
Unless otherwise agreed, our claims are to be paid in cash step by step against delivery of the goods. Discount deductions require a separate agreement. In the event of default in payment, including partial payments, any discount agreements will also become invalid. Payments by the customer are only considered to have been made when they are received on our business account. In the event of default in payment by the customer, we are entitled, at our option, 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 is entitled to demand compound interest from the day the goods are handed over.
V. Withdrawal from the contract
In the event of default in acceptance (Section VII.) Or other important reasons, such as bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as default of payment by the customer, we are entitled to withdraw from the contract, provided that it has not yet been fully fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of claiming lump-sum damages of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default in payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to request advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so, or if he requests its cancellation, we have the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract; in the latter case, the customer is obliged, at our option, to pay flat-rate compensation of 15% of the gross invoice amount or the damage actually incurred. In the case of long-distance contracts (§ 5a ff Consumer Protection Act), the consumer can withdraw from the contract within 7 working days, with Saturdays not counting as working days. The period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he has to bear the costs of returning the goods; If a loan was taken out for the contract, he must also bear the costs of the required certification of signatures and the fees (fees) for granting the loan. Withdrawal from the contract is not possible for services the execution of which is agreed to begin within 7 working days of the conclusion of the contract.
VI. Reminder and collection charges
In the event of default, the contractual partner (customer) undertakes to reimburse the obligee for the reminder and collection fees, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the debt collection agency that is involved from the ordinance of the BMwA on the maximum rates of the collection agencies due remuneration. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 every six months for keeping the debt in the dunning process on record.
VII. Delivery, transport, default in acceptance
Our sales prices do not include costs for delivery, assembly or installation. On request, however, these services can be provided or organized by us against separate payment. The costs actually incurred for transport or delivery including a reasonable surcharge for directors' costs, but at least the freight and carriage charges applicable or customary on the day of delivery for the type of transport selected, will be invoiced. Installation work is charged according to the time required, whereby a man-hour rate customary in the industry is agreed. If the customer has not accepted the goods as agreed (default of acceptance), after an unsuccessful grace period we are entitled to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount for each calendar day commenced, or at the expense and risk of the customer with an authorized tradesman. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and sell the goods elsewhere.
VIII. Delivery time
We are only obliged to perform the service as soon as the customer has met all of his obligations that are necessary for the implementation, in particular all technical and contractual details, preliminary work and preparatory measures. We are entitled to exceed the agreed dates and delivery deadlines by up to one week. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.
IX. Place of fulfillment
The place of fulfillment is the seat of our company.
X. Minor changes in service
If it is not a consumer transaction, minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed approved in advance. This applies in particular to deviations caused by the item (e.g. with dimensions, colors, wood and veneer pattern, grain and structure, etc.).
XI. Warranty, inspection and return obligation
We meet the customer's warranty claims in all cases, at our discretion, either by exchange, repair within a reasonable period or price reduction. The customer can only request rescission (cancellation of the contract) if the defect is significant, cannot be remedied by replacement or repair and a price reduction is unreasonable for the customer. Claims for damages by the customer aimed at remedying the defect through improvement or replacement can only be asserted if we are in default of fulfilling the warranty claims. Warranty claims must, if it concerns movable objects, be asserted in court within one year of delivery of the object. If the customer asserts the existence of a defect, the resulting claims, in particular with regard to warranty or compensation, can only be asserted if the customer proves that the defect already existed at the time the goods were delivered; this also applies within the first six months after delivery of the goods. In accordance with Section 377 f of the German Commercial Code (HGB), the customer must also examine the goods immediately after delivery, but within 6 working days at the latest. Defects discovered in this way must be reported to us in writing immediately, but no later than 3 working days after their discovery, stating the type and scope of the defect. Hidden defects must be reported in writing immediately, but no later than 3 working days after their discovery. If a complaint is not made or not made in good time, the goods are considered approved. Our warranty obligation expires in any case with the expiry of the warranty period; Any additional recourse by the customer in accordance with Section 933b ABGB due to self-fulfilled warranty obligations is excluded. All provisions of point XI. do not apply to consumer transactions.
XII. Compensation
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 accepted for processing. The injured party has to prove the existence of slight or gross negligence, unless it is a consumer transaction. If it is not a consumer transaction, 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 also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Before connecting or transporting IT-technical products or before installing computer programs, the customer is obliged to adequately back up the existing data on the computer system, otherwise he is responsible for lost data and for all related damage.
XIII. Product liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.
XIV. Retention of title and its enforcement
All goods are delivered by us under retention of title and remain our property until full payment has been made. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. When taking back goods, we are entitled to charge any transport and manipulation expenses incurred. If third parties access the reserved goods, in particular through seizures, the customer undertakes to point out our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business includes trading in the goods purchased by us, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, in particular not sell, pledge, give away or lend them. The customer bears the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
XV. Assignment 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 our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The assignment must be entered in the business books, especially in the open item list, and made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer only has them in our name. Any claims against an insurer have already been assigned to us within the limits of Section 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
XVI. Retention
If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only an appropriate part of the gross invoice amount in the event of a justified complaint, except in cases of reversal.
XVII. Applicable law, court stand.
Austrian law is carried out here. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the seat of our company has exclusive local jurisdiction to resolve all disputes arising from this contract.
XVIII. Data protection, change of address and copyright
The customer gives his consent that the personal data contained in the purchase contract will also be stored and processed by us in an automated manner in fulfillment of this contract. The customer is obliged to notify us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are 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 rights of use or exploitation of any kind.
XIX. Warning
Should the content or the design of these pages violate the rights of third parties or legal provisions, we ask for a message free of charge. The elimination of any infringement of property rights by the owner of the property right may not take place without our consent. We guarantee that the passages that are rightly objected to will be removed immediately without the need for legal assistance on your part. Nevertheless, we will reject costs incurred by you without prior contact and, if necessary, submit a counterclaim for violation of the aforementioned provisions.
