The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; We do not accept any conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity. In this respect, contractual performance on our part shall not be deemed to be acceptance of terms and conditions that deviate from our terms and conditions. These terms and conditions shall also apply as a framework agreement for all further legal transactions between the parties.
II. Conclusion of the contract
A contract offer from a customer requires an order confirmation. The dispatch of the goods ordered by the customer also results in the conclusion of the contract. If offers are made to us, the offeror is bound by a reasonable period of time, but at least 8 days from receipt of the offer.
Unless otherwise expressly stated, all prices quoted by us are exclusive of VAT. Should the wage costs change due to collective agreements in the industry or internal financial statements or if other costs relevant for the calculation or for the preparation of services such as those for materials, energy, transport, external work, financing etc. change, we are entitled to increase or reduce the prices accordingly. In the case of consumer transactions, pts. III.
IV. Terms of payment, interest on late payments
In the absence of an agreement to the contrary, our claims are to be paid in cash, rather than handed over. Cash discount deductions require a separate agreement. In the event of late payment, including partial payments, any discount agreements shall also be cancelled. Payments by the customer shall not be deemed to have been made until the time of receipt on our business account. In the event of a delay in payment by the customer, we shall be entitled, at our discretion, to request compensation for the actual damage or interest on arrears in the statutory amount. In the event of a delay in payment by the customer, our company is entitled to demand interest from the date of delivery of the goods.
V. Withdrawal from the contract
In the event of a delay in acceptance (pt. VII.) or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy due to lack of assets, as well as in the event of a delay in payment of 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, we have the choice to seek a flat-rate damages of 15% of the gross invoice amount or compensation for the actual damage incurred in the event of the customer’s fault. In the event of a delay in payment by the customer, we shall be relieved of all other performance and delivery obligations and shall be entitled to withhold outstanding deliveries or services and to demand advance payments or seizures 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 seeks its cancellation, we have the choice to insist on the performance of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged, at our discretion, to pay a flat-rate damages amounting to 15% of the gross invoice amount or the actual damage incurred.
In the case of distance contracts (Section 5a ff consumer protection law), the consumer can withdraw from the contract within 7 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 is sufficient to send the declaration 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, it shall also bear the costs of the necessary certification of signatures and the charges (fees) for the granting of credit. In the case of services which are started within 7 working days from the conclusion of the contract, it is not possible to withdraw from the contract in accordance with the agreement.
VI. Dunning and collection expenses
In the event of default, the contractual partner (customer) undertakes to reimburse the reminder and collection costs incurred by the creditor, insofar as they are necessary for appropriate legal proceedings, and in particular undertakes to replace the remuneration of the debt collection institution involved, which results from the Ordinance of the BMwA on the maximum rates of the collection institutions due remuneration. If the creditor carries out the dunning service himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 per six-month period for the evidence of the obligation in the dunning system.
VII. Delivery, transport, delay in acceptance
Our sales prices do not include delivery, assembly or installation costs. On request, however, these services are provided or organized by us against separate payment. For transport or delivery, the actual costs incurred together with a reasonable directing surcharge, but at least the freight and vehicle wages of the chosen mode of transport applicable or usual on the day of delivery are invoiced. Assembly work is calculated according to time, whereby an industry-standard man-hour rate is deemed to have been agreed. If the customer has not taken over the goods as agreed (delay in acceptance), we are entitled, after an unsuccessful period of grace, to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day started, or to store them at the expense and risk of the customer with an authorised commercial man. At the same time, we are entitled either to insist on the fulfilment of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to recycle the goods in any other way.
VIII. Delivery period
We are only obliged to perform the service once the customer has fulfilled all his obligations required to carry out the service, in particular all technical and contractual details, preparatory work and preparatory measures. We are entitled to exceed the agreed dates and delivery times by up to one week. Only after the expiry of this period can the customer withdraw from the contract after setting a reasonable grace period.
IX. Place of performance
Place of performance is the registered office of our company.
X. Minor performance changes
In the case of a consumer transaction, minor or other changes to our service or delivery obligation that are reasonable for our customers shall be deemed to have been approved in advance. This applies in particular to deviations caused by the object (e.g. in the case of dimensions, colours, wood and veneer, grain and structure, etc.).
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 goods taken over for processing. The existence of slight or gross negligence must be demonstrated by the injured party, unless it is a consumer transaction. In the case of 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 in place of a warranty claim.
XII. Product Liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the error is caused in our sphere and has been at least grossly negligently caused.
XIII. Retention of title and its assertion
All goods are delivered by us under reservation of title and remain our property until full payment has been made. The assertion of the retention of title shall only include a withdrawal from the contract if it is expressly declared. In the event of goods being taken back, we are entitled to charge for any transport and manipulation expenses incurred. In the event of access by third parties to the goods subject to retention of title – in particular by attachments – the customer undertakes to point out our property and to notify us immediately. If the customer is a consumer or not a trader whose ordinary business includes trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been fully settled, in particular not to sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
XIV. Assignments of receivables
In the case of delivery subject to retention of title, the customer 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 claims for payment. Upon request, the customer must inform us of his customers and inform them of the assigninade in good time. The assign must be entered in the business books, in particular 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 must be separated and the customer holds them only on our behalf. Any claims against an insurer have already been assigned to us within the limits of Section 15 of the Insurance Contracts Act. Claims against us may not be assigned without our express consent.
In the case of a consumer transaction, the customer shall not be entitled to withhold the entire amount of the gross invoice in the event of a justified complaint, except in the case of rescission.
XVI. Choice of law, place of jurisdiction
Austrian law applies. The applicability of the UN Sales Right is expressly excluded. The language of the contract is German. The contracting parties agree on Austrian, domestic jurisdiction. In the case of a consumer transaction, the competent court at the registered office of our company shall have exclusive local jurisdiction to resolve all disputes arising from this contract.
XVII. Data Protection and Copyright
The customer gives his consent that the personal data contained in the sales contract will also be stored and processed by us in fulfilment of this contract with automation support.
The customer is obligated to provide us with changes to his home or business address as long as the contractual legal transaction is not fully fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last address posted.
Plans, sketches or other technical documents, as well as samples, catalogues, brochures, illustrations and the like, remain our intellectual property; the customer does not receive any kind of work-use or exploitation rights.