General Terms and Conditions
Sales and Delivery Terms
1. Applicability of General Terms and Conditions (GTC)
The contractual terms on the reverse shall apply – provided that we can prove
can prove that you have actually taken note of and
have agreed to them – with your signature making them an integral part of this
Contract.
2. Offer
Our offers are non-binding. The contract is only deemed concluded upon our order confirmation. If we do not respond within 5 days of receiving the consumer’s offer, no contract has been formed, and the consumer is no longer bound by their offer.
The stated prices are exclusive of VAT, which will be charged separately if required by law.
3. Protection of Plans and Documents
Plans, sketches, cost estimates, and other documents such as brochures, catalogs, samples, presentations, and similar materials remain our intellectual property. Any use, in particular distribution, reproduction, publication, or making them available—including partial copying—requires our explicit consent.
All of the aforementioned documents may be reclaimed by us at any time and must, in any case, be returned to us without delay and without the need for a request if the contract is not concluded.
Our contractual partner is furthermore obliged to maintain confidentiality regarding any knowledge obtained from the business relationship and not to disclose it to third parties.
4. Payment Terms
The purchase price must be paid in full, without any deductions or fees, within 14 days of receipt of the invoice. Any other discount terms require a separate written agreement.
5. Default Interest
Even in the event of a payment default by the buyer without fault, we are entitled to charge default interest at a rate of 10% per annum above the base interest rate. This does not affect our right to claim compensation for proven higher interest costs.
6. Delivery and Shipping
The delivery deadlines are non-binding and refer to the time of delivery ex works. Delays beyond our control may reasonably extend the delivery times. The purchaser will be informed of any delays.
7. Transport – Transfer of Risk
The buyer bears the transportation costs. The risk of transport passes to the buyer as soon as the goods are delivered to them or to a third party designated by them who is different from the carrier. If the buyer has concluded the transport contract themselves without using an offered selection option, the risk transfers upon delivery of the goods to the carrier or the buyer.
8. Retention of Title
The goods remain our property until full payment of the purchase price, including all costs and expenses, has been made. Resale is only permitted if we are notified in advance in a timely manner, including the name or company name and the exact business address of the buyer, and if we approve the resale. In the event of our approval, the purchase price claim is deemed assigned to us, and we are entitled at any time to notify the third-party debtor of this assignment.
In the event of default, we are entitled to assert our rights under the retention of title. It is agreed that the enforcement of the retention of title does not constitute a withdrawal from the contract unless we explicitly declare such a withdrawal.
9. Unilateral Service Modifications
Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delays in delivery. If the actual delay can be estimated, we will notify the buyer no later than one week before the originally agreed delivery date regarding the expected duration of the delay.
10. Warranty
The terms and duration of the warranty are determined by the
provisions of the respective manufacturer.
The statutory warranty provisions apply.
11. Compensation for Damages
Except for personal injuries, we are only liable if we
are proven to have acted with gross negligence by the injured party.
12. Product Liability
Any recourse claims that contractual partners or third parties may assert
under the title of "Product Liability" within the meaning of the PHG against us are
excluded unless the party entitled to recourse proves that
the defect was caused within our sphere and was at least grossly
negligent on our part.
13. Agreement on Jurisdiction
For all claims against a consumer who has their residence in the country,
usual place of residence, or place of employment in the country, due to
disputes arising from this contract, the court of one of those places
shall have jurisdiction, in whose district the consumer has their
residence, habitual residence, or place of employment.
For consumers who do not have a residence at the time of the contract conclusion
residence in Austria, the statutory provisions apply.
Jurisdictions.
