Terms and Conditions (AGB)
Essentially, the general terms and conditions of Austrian trade apply. In addition, the following points are effective for consumers on the one hand and for resellers on the other hand:
The deliveries, services and offers of our company take place exclusively on the basis of these terms and conditions; we do not recognize any conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity. Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our conditions. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.
Unless otherwise expressly stated, all prices quoted by us are exclusive of value added tax (VAT). Should the wage costs change due to collective bargaining agreements in the industry or internal agreements or should other cost centers relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc. change, we are entitled to to increase or decrease prices accordingly.
3. Terms of payment, default interest
If no agreement to the contrary has been made, our claims are to be paid step by step against delivery of the goods by direct debit or transfer. 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 deemed 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.
4. Withdrawal from the contract
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 entitled to withdraw 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 lump-sum compensation 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 demand 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 to choose a flat rate To pay damages in the amount of 15% of the gross invoice amount or the actual damage.
In the case of long-distance contracts (§§ 5a Consumer Protection Act), the consumer can also withdraw from the contract within 14 days, whereby Saturdays do not count 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, he has to bear the costs of returning the goods. If a loan has been 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 in the case of services with which executions are agreed to begin within 14 days of the conclusion of the contract.
5. Reminder and collection fees
In the event of default, the contracting party (customer) undertakes to reimburse the creditors for the dunning and collection charges incurred to the extent that they are necessary for appropriate legal prosecution, whereby they are specifically obliged to reimburse the remuneration of the debt collection agency involved, which result from the ordinance of the BMwA on the maximum rates of the debt collection agency. If the creditor carries out the dunning process himself, t the debtor undertakes to pay an amount of € 10.90 per reminder and an amount of € 3.63 every six months to keep records of the obligation in the dunning process.
6. Delivery, transport, default in acceptance
Our sales prices do not include delivery costs. 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. At the same time, we are entitled either to 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 use the goods for other purposes.
7. Delivery time
We are only obliged to perform the service as soon as the customer has fulfilled all his obligations that are necessary for the execution, 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.
8. Place of performance
The place of performance is the seat of our company
9. Compensation for damages
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 also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
10. 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.
11. 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 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. If the customer is a consumer or not an entrepreneur, to his proper
Business operations that include trading in the goods acquired by us, he may not dispose of the reserved goods until the open purchase price subsidy 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, especially for the risk of destruction, loss or deterioration.
12. 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. The customer must name us at the request of his customers and notify them of the assignment in good time. The assignment 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 entered with 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.
13. On 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.
14. Choice of Law. Place of jurisdiction
Austrian law applies. 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.
15. 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 with automated support 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 legal transaction that is the subject of the contract 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.
Technical changes and errors (misprints) as well as price changes reserved.