Version: March 2022
1.1 All orders and agreements are only legally binding if they are confirmed in writing and signed by net4biz GmbH and are only binding to the extent stated 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.
1.2 In case of service level contracts net4biz GmbH guarantees to have the corresponding manufacturer licenses and manufacturer support contracts. The customer is allowed to report support requests, according to the existing support contracts, to manufacturers in the name of our GTCs, if this is needed for the resolution of an existing incident. Corresponding customer numbers and accesses for manufacturer portals will be provided to the customer by net4biz GmbH.
1.3 A counter-offer referring to other GTCs is rejected; in particular acts of fulfillment of the main business are not to be considered as agreement to the GTCs of the customer. Offers are always subject to change.
Service Level Agreements are concluded by default with a commitment period of one year from the date of signing and are automatically extended by one year, unless they have been terminated before the expiry of the contract period, in accordance with the provisions under point 8 "Termination of contract".
3.1 Agreed prices are fixed prices and are valid until the end of the current calendar year. Thereafter, the remuneration may be adjusted on the basis of the respective current Austrian Consumer Price Index (CPI). All prices are exclusive of the value added tax applicable at the time of invoicing.
3.2 The prices quoted shall in each case be exclusive of transport and packaging.
3.2 net4biz GmbH is 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 customer has the right to withdraw from the order without any mutual claims for damages.
4.1 Delivery shall be made for the account and at the risk of the customer, unless the customer pays a separately invoiced contribution to transport and insurance costs for free delivery.
4.2 Partial deliveries are possible.
4.3 With regard to packaging, the conditions stated in point 3.1 shall apply.
4.4 Complaints resulting from transport damages have to be made by the customer to the transport company and net4biz GmbH immediately after receipt of the goods.
4.5 Storage measures, which become necessary for reasons that lie with the customer, are at the expense of the customer and are considered as delivery.
4.6 Place of performance for delivery and payment is the business location of net4biz GmbH.
net4biz GmbH strives to keep the agreed delivery dates as accurate as possible. If the stated delivery date is exceeded by more than 30 days, the customer is entitled to withdraw from the contract after setting another, at least 90-day grace period, by registered letter. net4biz GmbH is entitled to withdraw from the contract if the delivery becomes impossible due to force majeure, labor disputes or other obstacles unavoidable by net4biz GmbH, such as transport interruptions or production stops. In both cases net4biz GmbH is only obliged to refund received down payments without interest.
6.1 The delivered components and accessories remain the unrestricted property of net4biz GmbH until the complete payment (including interest and costs). The customer has to take care of a proper maintenance (servicing and repair) for this period at his own expense. Pledging or transfer of ownership by way of security before full payment is excluded.
6.2 If the client does not fulfill his obligations from the contract properly, net4biz GmbH is entitled at any time to take back its property at the expense of the client and the client is obligated to hand over the property.
7.1 Invoices shall be issued immediately after delivery, if possible and not otherwise agreed.
7.2 Invoices issued by net4biz GmbH, including value added tax, are due for payment at the latest 8 days after the date of invoice, free of deductions and charges. For partial invoices the terms of payment specified for the total order shall apply analogously.
7.3 For orders exceeding € 5,000, 50% of the agreed price may be charged in advance for payment within 10 days of the conclusion of the contract. Should the client be in default with the payment of this advance, the obligation on the part of net4biz GmbH to deliver shall be extended accordingly. In any case, net4biz GmbH is entitled to withhold the delivery item before receiving the agreed down payment, as well as to withdraw from the contract without setting a grace period and claiming a cancellation fee of 5% of the price.
7.4 In case of orders comprising several units, net4biz GmbH shall be entitled to invoice after delivery of each individual unit or service.
7.5 The compliance with the agreed payment dates is an essential condition for the execution of the delivery or the fulfillment of the contract by net4biz GmbH. In case of delayed payment, interest on arrears shall be charged at the usual bank rate. In case of non-compliance with two installments net4biz GmbH is entitled to let a loss of date occur and to make handed over acceptances due accordingly.
7.6 The client is not entitled to withhold payments due to incomplete delivery, warranty or guarantee claims or complaints.
The termination must be in written form and is possible for the customer as well as for net4biz GmbH on the first of each month (after expiration of the binding period), in compliance with a 6-month period of notice. Both parties are entitled to terminate the contract without notice, if the respective other party violates essential provisions of this contract and does not remedy the situation immediately after a written request and granting of an appropriate grace period. The customer is entitled to dissolve the contract without notice if net4biz GmbH allows a grace period granted to it to expire fruitlessly. If net4biz GmbH has given reason for dissolution by the customer, the customer is only obliged to pay until the end of the service provision. If the client has given reason for dissolution by net4biz GmbH, e.g. because due amounts have not been paid despite reminder or the required cooperation has not been provided despite reminder, net4biz GmbH is entitled to demand the agreed remuneration minus the saved expenses on the part of the client by dissolution of the contract.
9.1 A possible guarantee requires a separate written agreement. A guarantee promise on the part of net4biz GmbH is in any case bound to the conclusion of a maintenance contract for maintenance and repair, according to the conditions of net4biz GmbH valid for this. Such a maintenance contract constitutes a separate legal transaction.
9.2 A possible granting of warranty on the part of net4biz GmbH does not extend to those aggregates and parts which wear out due to their normal use and have to be renewed regularly.
9.3 Defects are to be reported to net4biz GmbH in writing immediately after their occurrence within the warranty period.
9.4 Any possibly agreed warranty expires if repairs or changes are made to the warranty object by persons who do not belong to the technical customer service of net4biz GmbH or are not authorized by net4biz GmbH or in case of a change of the owner of the warranty object.
9.5 The claiming of the warranty service presupposes that the customer has fulfilled all obligations from the purchase contract in full, including all additional charges.
9.6 Warranty claims exceeding the agreed warranty service are excluded.
10.1 Defects due to condition of deliveries have to be reported in written form to net4biz GmbH in cases of legal or agreed warranty within 30 days after receipt of the goods at the place of delivery. In case of timely and justified notice of defects net4biz GmbH shall, at its discretion, remedy the defect free of charge, replace the defective goods free of charge or issue a credit note against return of the defective goods or pieces. Other consequences of defects are excluded.
10.2 net4biz GmbH does not assume any liability or compensation whatsoever for damages, capital and interest losses caused by component defects and/or malfunctions, delivery time overruns, as well as delivery time for spare parts, except in cases of intent or gross negligence. The liability of net4biz GmbH for slight negligence, as well as for consequential damages is excluded in any case. This does not include damages resulting from injury to life, body and health.
10.3 Return shipments of rejected goods require the explicit prior consent of net4biz GmbH and are at the expense and risk of the customer.
All agreements about software services (organization, programming and system software) are subject to the conditions of the software contract of net4biz GmbH and form in any case separate legal transactions.
The client has to provide in time before delivery of the object at his own expense a room with power connection corresponding to the specifications of net4biz GmbH. At the request of the customer net4biz GmbH will help to prepare the installation site properly by providing expert advice against reimbursement of costs. Furthermore, the customer has to check the suitability of the transport routes from the house entrance to the installation site and, if necessary, to establish them at his own expense. The installation and storage conditions are to be observed.
Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply. The exclusive place of jurisdiction shall be the competent court in 1010 Vienna. This contract shall be governed by Austrian law, with the exception of the conflict-of-law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The above provisions shall apply to sales to consumers within the meaning of the Austrian Consumer Protection Act only to the extent that the Austrian Consumer Protection Act does not mandatorily provide for other provisions.
Should individual provisions of the contract be or become invalid in whole or in part, the remainder of the contract shall remain valid. The same applies if a loophole is found in this contract. Any provision that is invalid in whole or in part shall be replaced or the loophole shall be filled by an appropriate provision that - as far as legally possible - comes as close as possible to what the parties would have agreed if they had considered the invalidity or the loophole.
You can reach us at 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