General Terms and Conditions of Sale and Business
§ 1 General - Scope of application
1) The following General Terms and Conditions (GTC) apply to all business relationships between us and the customer. The version valid at the time the contract is concluded shall apply.
2) Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons or legal entities. Persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or persons with legal capacitycompanies for which the contract in question is part of the operation of their company. Companies are any permanent The term "customer" refers to organizations of independent economic activity, even if they are not profit-oriented. Customers are both consumers and entrepreneurs.
3) Deviating, conflicting or supplementary general terms and conditions shall not apply, even if known. The validity of these terms and conditions shall not be part of the contract unless expressly agreed in writing. Opposing general Terms and conditions, insofar as they contradict the company's own, are generally rejected and this in those points in which the own GTC are silent, the dispositive law applies and deviations from this in the GTC of the contractual partner also do not apply. be accepted. Conclusive acceptance of other general terms and conditions is therefore not possible. The contract language is expressly German, so that the General Terms and Conditions are also drawn up in German. This provision applies regardless of the language used in the negotiations.
§ 2 Choice of law
With regard to the applicability of the legal system, Austrian substantive law is expressly agreed, this under further exclusion of the UN Sales Convention (CISGUnited Nations Convention on Contracts for the International Sale of Goods).
§ 3 Jurisdiction agreement
It is expressly agreed that Austrian domestic jurisdiction shall apply, so that all disputes arising from this contract disputes arising shall be subject to the exclusive local jurisdiction of the competent court at the registered office of our company.
§ 4 Conclusion of contract
1) Our offers are subject to change and non-binding. Technical and other changes are subject to change within the Reasonable reserved.
2) By placing an order, the customer makes a binding offer to enter into a contract. In the case of goods ordered by electronic means we will immediately confirm receipt of the customer's order. The confirmation of receipt does not constitute a binding
acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly state this in writing. explain.
3) We are entitled to accept the contractual offer contained in the order within two weeks. In the case of goods ordered electronically, we are entitled to cancel the order within three working days of receipt. to accept.
4) The conclusion of the contract with entrepreneurs shall be subject to the reservation that in the event of incorrect or improper not or only partially available. In the event of non-availability or only partial availability of the The entrepreneur shall be informed immediately if the service is not rendered. The consideration shall be refunded immediately.
§ 5 Retention of title
1) We reserve title to the goods until the purchase price has been paid in full. In the assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In case of return of goods we shall be entitled to charge any transportation and handling costs incurred. In the event of access by third parties to the reserved goods - in particular through seizure - the customer undertakes to inform us of our ownership and to notify us immediately. notify the customer. The customer shall bear the full risk for the reserved goods, in particular for the risk of loss, destruction loss or deterioration, in addition, the customer is entitled to the following until full payment of the outstanding purchase priceThe customer may not dispose of the goods subject to retention of title, and in particular may not sell, pledge, give away or lend them.
2) In particular, we are entitled to withdraw from the contract in the event of breach of contract by the customer, especially in the event of default in payment. and to demand the return of the goods. A resale of the reserved goods by a third party The transfer of the goods from the entrepreneur to a third party is only possible with our written consent. The entrepreneur already assigns to us now assigns all claims in the amount of the invoice amount that it expects to receive from a third party as a result of the resale. and undertakes to make a corresponding note in its books or on its invoices. We accept the Assignment to.
§ 6 Right of withdrawal
In the event of default of acceptance or other important reasons, such as in particular bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as in the event of default of payment by the customer, we are entitled to withdraw from the contract, provided that it has been agreed by both parties. is not yet completely fulfilled. In the event of withdrawal, we have the option, if the customer is at fault, to charge a lump-sum compensation. compensation of 20 % of the gross invoice amount or compensation for the damage actually incurred. If the customer is in default of payment, we shall be released from all further performance and delivery obligations and shall be entitled to demand further payment. to withhold outstanding deliveries or services and to demand advance payments or securities or, after to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its rescission, we have the choice of insisting on the fulfillment of the contract or agreeing to the rescission. of the contract; in the latter case, the customer is obliged to pay liquidated damages at our discretion. in the amount of 30 % of the gross invoice amount or the damage actually incurred.
§ 7 Remuneration / Price
Unless expressly stated otherwise, all prices quoted by us are exclusive of VAT. Should wage costs change due to collective bargaining agreements in the industry or internal company agreements, or should other cost centers relevant for costing or costs necessary for service provision, such as those for materials, energy, transportation, external work, financing, etc., we shall be entitled to increase the prices accordingly or to reduce the price. The customer is obliged to make a down payment of 50 % of the purchase price, after receipt of the service the customer is obliged to pay step by step with the handover of the goods. to pay the remaining purchase price. After expiry of this period, the customer shall be in default of payment. In the event of default of payment default interest in the amount of 8 % above the base interest rate of the ABGB is agreed. The customer undertakes to pay all costs associated with the costs and expenses associated with the collection of the claim, such as, in particular, collection charges or other expenses necessary for a to bear the costs necessary for appropriate legal action. The entrepreneur only has a right of set-off if, if his counterclaims have been legally established or recognized by us. The entrepreneur is not entitled to entitled to withhold payments.
§ 8 Transfer of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of The sale by delivery to a place other than the place of performance begins with the handover of the goods to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment. person or institution to the customer. In the case of handover by us, the transfer of risk also takes place with the Handover to the customer; however, the costs incurred by us as a result of our own handover shall be borne by the customer and are negotiated separately.
§ 9 Warranty
The customer only has the option of improvement. The goods shall only be exchanged if they are completely unacceptable. improvement or with our consent. A price reduction can also only be made with our consent. Conversion, on the other hand, is only possible if the product is completely unusable and the contract can be rescinded. The customer must inspect the delivered goods immediately for defects and notify us of these within a period of three working days from receipt of the goods. goods in writing, otherwise the assertion of the warranty claim is excluded. A claim made by us training carried out on the goods corresponds to the aforementioned defect inspection and is at the same time to be regarded as a purchase inspection. The customer confirms that he has received operating instructions and undertakes to use the goods in the The product must only be used in accordance with the operating instructions, otherwise warranty claims are excluded from the outset. The The warranty period is limited to one year.
§ 10 Product liability
Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that that the error was caused in our sphere and was at least due to gross negligence. Outside the Within the scope of application of the Product Liability Act, our liability is limited to intent or gross negligence. The Liability for slight negligence, compensation for consequential damage and financial loss, savings not achieved, Loss of interest and damages from third-party claims against the customer are excluded.
General terms and conditions of sale or business
§ 1 General - Scope
1.) The following general terms and conditions (GTC) apply to all business relationships between us and the customer. The version valid at the time the contract is concluded is decisive.
2.) Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the present contract is part of the operation of their company. Enterprises are any long-term organization of independent economic activity, even if they are not directed towards profit. Customers are both consumers and entrepreneurs.
3.) Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing. Opposing general terms and conditions, insofar as they contradict your own, are generally rejected and the dispositive law applies in the points in which the own terms and conditions are silent and deviations from this in the contract partner's terms and conditions are also not accepted. A conclusive recognition of other terms and conditions can therefore not take place. German is expressly agreed as the contractual language, so that the general terms and conditions are also written in German. This provision applies regardless of the language used during the negotiation.
§ 2 Choice of law
With regard to the applicability of the legal system, Austrian substantive law is expressly agreed, with the further exclusion of the UN sales law (CISGUnited Nations Convention on Contracts for the International Sale of Goods).
§ 3 Agreement on the place of jurisdiction
Austrian domestic jurisdiction is expressly agreed, so that the competent court at the headquarters of our company has exclusive local jurisdiction to resolve all disputes arising from this contract.
§ 4 conclusion of contract
1.) Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reason.
2.) With the order, the customer declares his binding contract offer. In the case of goods ordered electronically, we will immediately confirm receipt of the customer's order. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if we expressly state this.
3) We are entitled to accept the contract offer contained in the order within two weeks. In the case of goods ordered electronically, we are entitled to accept the order within three working days of receipt by us.
4) The conclusion of a contract with entrepreneurs is subject to the proviso that in the case of incorrect or improper self-delivery, they are not or only partially provided. In the event of unavailability or only partial availability of the service, the entrepreneur will be informed immediately. The consideration will be refunded immediately.
§ 5 retention of title
1.) We reserve ownership of the goods until the purchase price has been paid in full. In the assertion of the reservation of title, a withdrawal from the contract is only given 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 goods subject to retention of title - in particular through seizure - the customer undertakes to point out our ownership and to notify us immediately. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration; in addition, the customer may not dispose of the reserved goods, in particular not sell, pledge, give away or lend them until the outstanding purchase price claim has been paid in full .
2.) In particular, we are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment. A resale of the reserved goods by an entrepreneur to a third party is only possible with our written consent. The entrepreneur already now assigns to us all claims in the amount of the invoice amount that await him from the resale against a third party and undertakes to make a corresponding note in his books or on his invoices. We accept the assignment.
§ 6 right of withdrawal
In the event of default of acceptance or other important reasons, in particular bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as default of payment by the customer, we are to return resigns from the contract if 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 flat-rate damages of 20% 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 - without being entitled to do so - withdraws from the contract or 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 30% of the gross invoice amount or the damage actually incurred.
§ 7 Remuneration / Price
Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax. If the wage costs should change due to collective bargaining agreements in the industry or internal agreements or should other cost centers be relevant for the calculation or costs necessary for the provision of services, such as those for material, energy, transport, external work, financing, etc. change, we are entitled to increase or decrease prices accordingly. The customer is obliged to pay a deposit of 50% of the purchase price within five days upon acceptance of his purchase offer on our part; after receipt of the service, the customer is obliged to pay the remaining purchase price step by step with the delivery of the goods. After this period the customer is in default of payment. In the event of default in payment, default interest of 8% above the base rate of the ABGB is agreed. The customer undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection expenses or other costs necessary for appropriate legal prosecution. The entrepreneur only has the right to offset if his counterclaims have have been legally established or recognized by us. The entrepreneur is not entitled to withhold payments.
§ 8 Transfer of risk
In the case of the customer, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over; In the case of handover by us, the transfer of risk also takes place with the handover to the customer, but the costs incurred by us through the self-delivery are to be borne by the customer and are negotiated separately.
§ 9 Warranty
In principle, the customer only has the opportunity to improve. The goods will only be exchanged if the improvement is completely impractical or if we have given our consent. A price reduction can also only be made with our consent. Conversion, on the other hand, is only possible if the contract is completely unusable and the contract can be reversed. The customer must immediately examine the delivered goods for defects and notify us of these in writing within a period of three working days from receipt of the goods; on the other hand, the assertion of the warranty claim is excluded. A training course carried out by us on the goods corresponds to the aforementioned inspection for defects and is also to be regarded as a purchase inspection. The customer confirms that he has received operating instructions and undertakes to use the goods in accordance with the operating instructions, otherwise warranty claims are excluded from the outset. The warranty period is limited to one year.
§ 10 Product Liability
Recourse claims 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. Outside the scope of the Product Liability Act, our liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damage and pecuniary damage, unrealized savings, loss of interest and damage from third-party claims against the customer are excluded.