T&Cs
Our General Terms of Business
I. GENERAL
These terms apply to all our quotations, sales, customer service, repair and warranty services. Austrian law applies exclusively to our contractual relationships. The agreements reached with our representatives require our written confirmation for their validity; the same applies to commitments made by our representatives. We reserve the express right to correct and reload errors, typographical and calculation errors. We also reserve the express right to make technical modifications to our devices and installations during the delivery period. The transfer of rights arising from this contract is only permissible with our written consent. Customers retain liability even if they invoice the order for their desired products to a third party. Your data are stored in our data processing system to ensure that your orders are processed quickly. These data are protected by the Data Protection Act so that the transmission of these data is only permitted if there is a legal obligation to do so. Our employees are obliged to maintain secrecy to ensure data protection. Stored data: name, address, customer number, order data, turnover, bank details, terms of payment.
II. PLACE OF SETTLEMENT AND COMPETENT COURT
The place of settlement is A-6220 Buch in Tirol and the court with exclusive competence for all claims and disputes in connection with a business association with us is the court competent the A-6220 area. However, we reserve the right to make complaints against purchasers to their general competent courts.
III. PRICES AND TERMS OF PAYMENT
Our quotations are without obligation and non-binding. If we are subject to general price increases, if tax increases that can be passed on are introduced or if major changes occur in exchange rates vis-a-vis countries in which our head offices are located up until the date of delivery or transfer of risk, the price will be increased correspondingly. Our prices are understood to be ex Buch in Tirol, excluding packing. Packing is charged at cost and cannot be taken back. The costs of transport insurance, loading and inspection, as well as any customs duties, will be charged to the purchaser. Payments can be made with debt-releasing effect directly to us only. Unless otherwise agreed in writing, payments shall fall due immediately after invoicing, without any deduction. If bills of exchange, cheques, payment orders and the like are accepted by us as payment, collection and discount charges and the like will be payable by the purchaser. If there is a delay in payment we will charge late payment interests amounting to the applicable bank rates, but at least interests amounting to 3% above the discount rate of the Austrian National Bank. Moreover, compensation must be paid for all reminder and collection costs. If the purchaser is in default with the payment of older invoices, we shall be entitled to deliver outstanding consignments against advance payment only. The purchase price shall be payable without any reminder from us. The terms of payment for export orders require a separate written agreement. Repair and customer service invoices shall fall due immediately without deduction for national and foreign orders. Part payments and payments on account will be accepted provided that we undertake no other settlement according to Point IV/1, always relating to the oldest due date. The purchaser shall not be entitled to withhold payments due to guarantee claims or counterclaims. IV. RESERVATION AS TO PROPRIETARY RIGHTS
All purchased objects shall remain our property until all present existing and future obligations of the purchaser have been met. Even if the purchaser makes payments on certain invoices we shall be entitled, contrary to § 1416 of the Austrian Civil Code, to settle these payments on other, more recent or older invoices at our free election.
The onward sale of the objects supplied under reservation as to proprietary rights is only permissible within the framework and in the case of an existing normal business operation. In the event of onward sale the purchaser hereby transfers to us his claims against his customers for the sake of security as long as the reservation as to proprietary rights is maintained.
The purchaser shall also be obliged to inform us immediately of any justification for a right of distraint upon the objects supplied under reservation as to proprietary rights or if other claims by third parties in connection with these objects.
V. DELIVERY AND ACCEPTANCE
If the non-binding delivery date is exceeded by us by more than 6 weeks the purchaser shall be entitled to withdraw from the contract, having granted an extension of at least 4 weeks.In the case of special designs the extension must be at least 8 weeks.. Claims for damages for late fulfilment or non-fulfilment of contractual obligations are excluded. If we are unable, through no fault of our own, to adhere to the non-binding delivery dates, the delivery periods shall be automatically extended on each occasion by the duration of the prevention. The non-binding delivery period shall commence on the date of our written order confirmation. It is adhered to when the consignment has let our works within the outstanding period. If we demonstrate to the purchaser our readiness to dispatch the goods, the delivery shall be deemed to have been made and the risk is therefore transferred to him. The delivery shall be made at the risk and expense of the purchaser, even if carriage paid delivery has been agreed. Consignments shall be delivered to us at the sender’s own expense and risk. We are entitled, but not obliged, to take out the normal transport insurance policies at the expense of the purchaser. Completeness and freedom from defects of the consignment must be verified immediately. Complaints must be notified to us in writing within 3 days of receipt of the consignment otherwise they will be excluded. If the purchaser does not accept the purchased object within 4 weeks from the end of the non-binding delivery period or the announcement of our readiness to dispatch, we shall be entitled either to deliver further consignments against advance payment only, or to withdraw from the contract and claim damages for non-fulfilment. In both cases we shall be entitled to claim not only for the damage that actually been incurred but 15% of the purchase price by way of penalty for breach of contract. If the purchased object delivered is taken back the purchaser must bear any preparation costs incurred. If a closed purchase contract is cancelled by mutual agreement before or after delivery of the goods, we shall be entitled to demand a 10% processing fee, calculated on the basis of the invoice total, which does not exclude the claiming if higher damages.
VI. WARRANTY
Complaints of incomplete or incorrect delivery and complaints of recognisable defects must be made immediately in writing, but at the latest within 3 days of receipt of the goods or service, and other defects must be notified in writing immediately after they are discovered. If complaints or complaints of defects are not made in time, the delivery shall be regarded as approved. We give a warranty of freedom from faults conforming to the relevant state of the art in material and workmanship in the brand new object for a period of 6 months from the transfer of risk. After this period no warranty can be given. We give no warranty on used goods. However, our warranty obligation shall lapse if not all the contractual obligations, particularly the payment obligation, are not fulfilled punctually by the purchaser. We fulfil our warranty obligation, at our election, either by repairing or replacing the defective goods. However, only parts which have a defect in material or workmanship will be replaced. Any related costs for installation and removal will be charged to the purchaser. We accept no liability in respect of parts we have not produced ourselves, but we are prepared to transfer the claims made to us against the manufacturer or our upstream suppliers for the defect to the purchaser.No claim can be made for cancellation of a contract or reduction in price, particularly in connection with repair orders. No warranty is given for natural wear and damage attributable to negligence, inexpert treatment or accident; the same applies in the case of excessive loading or failure to follow the operating instructions. Warranty claims are invalid if the purchased object has been modified by another company or by the installation of parts of outside origin, or if the purchaser has organised modifications or repair work on the purchased object on his own initiative.
VII. CONSUMER PROTECTION
The provisions of the contract apply to customers for whom the signing of a contract, on the basis of these conditions, does not form part of the operation of their company, and to their customers who do not operate a company, to the extent permitted by the Consumer Protection Act. In this case the nullity of a contractual provision does not affect the validity of the other provisions. The exceptions are as follows:
The place of settlement A-6220 Buch in Tirol and the competent court for A-6220 Buch in Tirol shall be deemed to have been agreed if the customer is domiciled at the time of signing the contract within the jurisdiction of the District Court of Schwaz and Innsbruck County Court, or if this is the place of his employment. In the case of such customers we are bound by our quotations within the period expressly mentioned by us or otherwise reasonable period; the standard offset prohibition does not apply. If claims for damages are excluded according to these conditions, the damages exclusion shall only apply to these customers in the case of slight negligence. Our warranty conditions shall apply except that warranty claims may be made by the customer according to the law but it is agreed that we may be released from claims for cancellation or price reduction by replacing the defective product for a defect-free product within a reasonable period, or by carrying out a repair or supplying a missing item. It is also considered to have been agreed that the customer is able to declare his withdrawal from the contract in writing by the time the contract comes into effect or within one week thereafter, without giving any reasons, if he has not issued his contract declaration in our business premises or the areas otherwise used by us for carrying on our business, or at an exhibition stand operated by us. This does not apply if the customer himself has initiated the business relationship with us in order to sign this contract, or if there were no discussions with us prior to signing the contract. In the case of withdrawal § 4 of the Consumer Protection Act shall apply, whereby the payments already made must be repaid and reasonable compensation must be paid to us for use, indemnification, devaluation, etc.; moreover, reasonable compensation must be paid to us for services already rendered.
I. GENERAL
These terms apply to all our quotations, sales, customer service, repair and warranty services. Austrian law applies exclusively to our contractual relationships. The agreements reached with our representatives require our written confirmation for their validity; the same applies to commitments made by our representatives. We reserve the express right to correct and reload errors, typographical and calculation errors. We also reserve the express right to make technical modifications to our devices and installations during the delivery period. The transfer of rights arising from this contract is only permissible with our written consent. Customers retain liability even if they invoice the order for their desired products to a third party. Your data are stored in our data processing system to ensure that your orders are processed quickly. These data are protected by the Data Protection Act so that the transmission of these data is only permitted if there is a legal obligation to do so. Our employees are obliged to maintain secrecy to ensure data protection. Stored data: name, address, customer number, order data, turnover, bank details, terms of payment.
II. PLACE OF SETTLEMENT AND COMPETENT COURT
The place of settlement is A-6220 Buch in Tirol and the court with exclusive competence for all claims and disputes in connection with a business association with us is the court competent the A-6220 area. However, we reserve the right to make complaints against purchasers to their general competent courts.
III. PRICES AND TERMS OF PAYMENT
Our quotations are without obligation and non-binding. If we are subject to general price increases, if tax increases that can be passed on are introduced or if major changes occur in exchange rates vis-a-vis countries in which our head offices are located up until the date of delivery or transfer of risk, the price will be increased correspondingly. Our prices are understood to be ex Buch in Tirol, excluding packing. Packing is charged at cost and cannot be taken back. The costs of transport insurance, loading and inspection, as well as any customs duties, will be charged to the purchaser. Payments can be made with debt-releasing effect directly to us only. Unless otherwise agreed in writing, payments shall fall due immediately after invoicing, without any deduction. If bills of exchange, cheques, payment orders and the like are accepted by us as payment, collection and discount charges and the like will be payable by the purchaser. If there is a delay in payment we will charge late payment interests amounting to the applicable bank rates, but at least interests amounting to 3% above the discount rate of the Austrian National Bank. Moreover, compensation must be paid for all reminder and collection costs. If the purchaser is in default with the payment of older invoices, we shall be entitled to deliver outstanding consignments against advance payment only. The purchase price shall be payable without any reminder from us. The terms of payment for export orders require a separate written agreement. Repair and customer service invoices shall fall due immediately without deduction for national and foreign orders. Part payments and payments on account will be accepted provided that we undertake no other settlement according to Point IV/1, always relating to the oldest due date. The purchaser shall not be entitled to withhold payments due to guarantee claims or counterclaims. IV. RESERVATION AS TO PROPRIETARY RIGHTS
All purchased objects shall remain our property until all present existing and future obligations of the purchaser have been met. Even if the purchaser makes payments on certain invoices we shall be entitled, contrary to § 1416 of the Austrian Civil Code, to settle these payments on other, more recent or older invoices at our free election.
The onward sale of the objects supplied under reservation as to proprietary rights is only permissible within the framework and in the case of an existing normal business operation. In the event of onward sale the purchaser hereby transfers to us his claims against his customers for the sake of security as long as the reservation as to proprietary rights is maintained.
The purchaser shall also be obliged to inform us immediately of any justification for a right of distraint upon the objects supplied under reservation as to proprietary rights or if other claims by third parties in connection with these objects.
V. DELIVERY AND ACCEPTANCE
If the non-binding delivery date is exceeded by us by more than 6 weeks the purchaser shall be entitled to withdraw from the contract, having granted an extension of at least 4 weeks.In the case of special designs the extension must be at least 8 weeks.. Claims for damages for late fulfilment or non-fulfilment of contractual obligations are excluded. If we are unable, through no fault of our own, to adhere to the non-binding delivery dates, the delivery periods shall be automatically extended on each occasion by the duration of the prevention. The non-binding delivery period shall commence on the date of our written order confirmation. It is adhered to when the consignment has let our works within the outstanding period. If we demonstrate to the purchaser our readiness to dispatch the goods, the delivery shall be deemed to have been made and the risk is therefore transferred to him. The delivery shall be made at the risk and expense of the purchaser, even if carriage paid delivery has been agreed. Consignments shall be delivered to us at the sender’s own expense and risk. We are entitled, but not obliged, to take out the normal transport insurance policies at the expense of the purchaser. Completeness and freedom from defects of the consignment must be verified immediately. Complaints must be notified to us in writing within 3 days of receipt of the consignment otherwise they will be excluded. If the purchaser does not accept the purchased object within 4 weeks from the end of the non-binding delivery period or the announcement of our readiness to dispatch, we shall be entitled either to deliver further consignments against advance payment only, or to withdraw from the contract and claim damages for non-fulfilment. In both cases we shall be entitled to claim not only for the damage that actually been incurred but 15% of the purchase price by way of penalty for breach of contract. If the purchased object delivered is taken back the purchaser must bear any preparation costs incurred. If a closed purchase contract is cancelled by mutual agreement before or after delivery of the goods, we shall be entitled to demand a 10% processing fee, calculated on the basis of the invoice total, which does not exclude the claiming if higher damages.
VI. WARRANTY
Complaints of incomplete or incorrect delivery and complaints of recognisable defects must be made immediately in writing, but at the latest within 3 days of receipt of the goods or service, and other defects must be notified in writing immediately after they are discovered. If complaints or complaints of defects are not made in time, the delivery shall be regarded as approved. We give a warranty of freedom from faults conforming to the relevant state of the art in material and workmanship in the brand new object for a period of 6 months from the transfer of risk. After this period no warranty can be given. We give no warranty on used goods. However, our warranty obligation shall lapse if not all the contractual obligations, particularly the payment obligation, are not fulfilled punctually by the purchaser. We fulfil our warranty obligation, at our election, either by repairing or replacing the defective goods. However, only parts which have a defect in material or workmanship will be replaced. Any related costs for installation and removal will be charged to the purchaser. We accept no liability in respect of parts we have not produced ourselves, but we are prepared to transfer the claims made to us against the manufacturer or our upstream suppliers for the defect to the purchaser.No claim can be made for cancellation of a contract or reduction in price, particularly in connection with repair orders. No warranty is given for natural wear and damage attributable to negligence, inexpert treatment or accident; the same applies in the case of excessive loading or failure to follow the operating instructions. Warranty claims are invalid if the purchased object has been modified by another company or by the installation of parts of outside origin, or if the purchaser has organised modifications or repair work on the purchased object on his own initiative.
VII. CONSUMER PROTECTION
The provisions of the contract apply to customers for whom the signing of a contract, on the basis of these conditions, does not form part of the operation of their company, and to their customers who do not operate a company, to the extent permitted by the Consumer Protection Act. In this case the nullity of a contractual provision does not affect the validity of the other provisions. The exceptions are as follows:
The place of settlement A-6220 Buch in Tirol and the competent court for A-6220 Buch in Tirol shall be deemed to have been agreed if the customer is domiciled at the time of signing the contract within the jurisdiction of the District Court of Schwaz and Innsbruck County Court, or if this is the place of his employment. In the case of such customers we are bound by our quotations within the period expressly mentioned by us or otherwise reasonable period; the standard offset prohibition does not apply. If claims for damages are excluded according to these conditions, the damages exclusion shall only apply to these customers in the case of slight negligence. Our warranty conditions shall apply except that warranty claims may be made by the customer according to the law but it is agreed that we may be released from claims for cancellation or price reduction by replacing the defective product for a defect-free product within a reasonable period, or by carrying out a repair or supplying a missing item. It is also considered to have been agreed that the customer is able to declare his withdrawal from the contract in writing by the time the contract comes into effect or within one week thereafter, without giving any reasons, if he has not issued his contract declaration in our business premises or the areas otherwise used by us for carrying on our business, or at an exhibition stand operated by us. This does not apply if the customer himself has initiated the business relationship with us in order to sign this contract, or if there were no discussions with us prior to signing the contract. In the case of withdrawal § 4 of the Consumer Protection Act shall apply, whereby the payments already made must be repaid and reasonable compensation must be paid to us for use, indemnification, devaluation, etc.; moreover, reasonable compensation must be paid to us for services already rendered.
