Version: September 2019
All orders and agreements are only legally binding if they are confirmed in writing by the contractor and signed by the company and only oblige to the extent specified in the order confirmation. Terms and conditions of purchase of the customer are hereby excluded for the present legal transaction and the entire business relationship. A counter-offer referring to other GTC will be rejected; in particular, acts of performance of the main transaction are not to be regarded as consent to the terms and conditions of the client. Offers are generally subject to change.
2.1. Delivery shall be made at the expense and risk of the Customer, unless the Customer pays a separately charged transport and insurance cost contribution for delivery free domicile.
2.2. Partial deliveries are possible.
2.3. With regard to packaging, the conditions mentioned in point 3.1 apply.
2.4 Complaints ad from transport damage must be submitted by the customer to the transport company and contractor immediately after receipt of the goods.
2.5 Storage measures that become necessary for reasons that lie with the customer shall be borne by the customer and shall be deemed to be delivery.
2.6 The place of performance for delivery and payment is the registered office of the Contractor.
3.1 The prices quoted are exclusive of transport, packaging and do not include VAT. This will be invoiced to the client additionally.
3.2 The Contractor shall be entitled to charge the list prices valid on the day of delivery. If the invoice price increases by more than 7% compared to the contract price, the client has the right to withdraw from the order without mutual claims for damages.
The Contractor shall endeavour to comply with the agreed delivery dates as precisely as possible. If the specified delivery date is exceeded by more than 30 days, the customer is entitled to withdraw from the contract by registered letter after setting a further, at least 90-day grace period. The Contractor may withdraw from the contract if delivery becomes impossible due to force majeure, labour disputes or other obstacles unavoidable by the Contractor, such as transport interruptions or production stoppages. In both cases, the contractor is only obliged to refund deposits received interest-free.
5.1 Invoicing shall take place as far as possible and unless otherwise agreed immediately after delivery.
5.2 The invoices issued by the Contractor, including value added tax, are payable no later than 8 days from the invoice date without any deductions and free of charge. For partial invoices, the payment service specified for the entire order applies analogously.
5.3 In the case of orders compracing several units, the Contractor shall be entitled to invoice each individual unit or service after delivery.
5.4 Compliance with the agreed payment dates constitutes an essential condition for the execution of the delivery or fulfilment of the contract by the Contractor. In the event of default in payment, default interest will be charged to the extent customary in the bank. In the event of non-compliance with two installments, the contractor is entitled to allow a loss of deadline to occur and to make handed over acceptances due accordingly.
5.5 The customer is not entitled to withhold payments due to in complete delivery, warranty or warranty claims or complaints.
6.1. The delivered components and accessories remain the unrestricted property of the Contractor until full payment (including interest and costs). The customer must ensure proper maintenance (servicing and repair) at his own expense for this time. Pledging or assignment by way of security before full payment shall be deemed excluded.
6.2. If the customer does not properly meet his obligations under the contract, the contractor is entitled at any time to retrieve his property at the expense of the customer and the customer is obliged to surrender it.
7.1 Any warranty service requires a separate written agreement. A guarantee commitment on the part of the contractor is in any case bound to the conclusion of a maintenance contract for maintenance and repair in accordance with the applicable conditions of the contractor. Such a maintenance contract forms a separate legal transaction.
7.2 Any warranty granted by the Contractor does not extend to those aggregates and parts that wear out as a result of their normal use and must be replaced regularly.
7.3 Defects must be notified to the Contractor in writing within the warranty period immediately after they occur.
7.4 Any agreed warranty shall expire if repairs or changes to the warranty object are made by persons who are not members of or are authorized by the Contractor's Technical Service or if the owner of the warranty object changes.
7.5 The prerequisites for claiming the warranty service are that the customer has fully fulfilled all obligations arising from the purchase contract, including all ancillary fees.
7.6 Warranty claims beyond the agreed warranty service are excluded.
8.1 In cases of statutory or agreed warranty, defects due to the quality of deliveries must be notified to the Contractor in writing within 30 days of receipt of the goods at the place of delivery. In the event of a timely and justified notification of defects, the Contractor shall, at its discretion, provide free remedy of defects, free replacement or credit against provision of the defective goods or pieces ex registered office. Other consequences of defects are excluded.
8.2 The Contractor shall not assume any liability of any kind or liability.
Compensation for damages, capital and interest losses caused by component defects and/or malfunctions, delivery time exceedances as well as delivery time for spare parts, except in cases of intent or gross negligence. The contractor's liability for slight negligence as well as for consequential damages is excluded in any case.
8.3 Returns of goods complained of require the express prior consent of the contractor and are at the expense and risk of the customer.
All agreements on software services (organization, programming and system software) are subject to the terms of the software contract of the contractor and in any case form separate legal transactions.
The customer must provide a room with electricity connection corresponding to the specifications of the contractor at his own expense in good time before delivery of the object. Upon request, the Contractor shall assist the Client by providing expert advice against reimbursement of costs to prepare the installation site flawlessly. In addition, the client must check the suitability of the transport routes from the entrance to the house to the installation site and, if necessary, manufacture them at his own expense. The installation and storage conditions must be observed.
Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply. The exclusive place of jurisdiction is the competent court in 1010 Vienna. With the exception of the conflict-of-law conflict of law rules on reference, Austrian law applies to this contract. The applicability of the UN Sales Law (CISG) is excluded. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall only apply to the extent that the Consumer Protection Act does not necessarily provide for other provisions.
You can reach us under the following contact details:
T: +43 1 798 11 11
T: +43 1 798 11 11
Registration number.: FN422967k
Company register court: HG Wien
CEO: Eckehard Siegmann
IBAN: AT76 2011 1826 8066 7900