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General terms and conditions - as of October 2016

 

Validity of the Conditions
Deliveries, services and offers are made by us exclusively on the basis of these terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed again. At the latest upon receipt of the goods or service, these conditions are deemed to have been accepted. Counter-confirmations by the customer with reference to their terms and conditions of business or purchase are hereby contradicted. Deviations from our terms and conditions are only effective if they are confirmed by us in writing. Earlier terms and conditions of sale and delivery as well as all quotations from earlier price lists are hereby invalid. General Terms and Conditions - as of October 2016

 

Conclusion of contract

A delivery contract is only concluded when the order placed is confirmed by us in writing or the delivery of the goods indicates that we have accepted the order.

Delivery
From a net value of EUR 300, we deliver free of charge. The shipping method is determined by us. If the recipient prescribes a different shipping method, he must bear any additional costs. Small orders below EUR 40.00 net value of goods must be charged with an additional EUR 10.00 for cost reasons, with the exception of trial deliveries. All common items are delivered immediately after receipt of order. Rarely requested items have a delivery time of 3-4 weeks. The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for use. Delays in delivery caused by third parties (post, rail, freight forwarding) exclude the assertion of claims for damages. We are entitled to make partial deliveries and partial services at any time.

Returns
Returns of goods due to overstocking or defects are only permitted with our consent.

Prices
The prices stated in our lists are subject to price changes that have taken place in the meantime, excl. VAT Additional deliveries and services will be charged separately. The packaging costs are included in our prices, our ARA no. is 3667.

Payment
Unless otherwise agreed, our invoices are payable without deduction 10 days after the invoice is issued. Despite the customer's provisions to the contrary, we are entitled to initially offset payments against his older debts. If costs and interest have already been incurred, we are entitled to offset the payment first against the costs, then against the interest and finally against the main services. A payment is only deemed to have been made when we can dispose of the amount. In the case of a check, payment is only deemed to have been made when the check is cashed. If the customer is in default, we are entitled to charge default interest of 1%/month from the relevant point in time. This does not affect claims for reimbursement of higher interest rates. If the customer does not meet his payment obligations, in particular if he stops making payments or if a check cannot be redeemed, or if we become aware of other circumstances that call the customer's creditworthiness into question, we are entitled to make the entire remaining debt due, including if checks have been accepted by us. In this case, we are also entitled to demand advance payments or security deposits. The acceptance of bills of exchange requires a special agreement. They will only be accepted as payment if we have received one third of the invoice amount due within 30 days of the invoice date. Discount charges are at the expense of the customer. The customer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. In the event of default, the contractual partner (customer) undertakes to reimburse the creditor for the dunning and collection fees incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse the remuneration of the collection agency involved, which resulting from the VO of the BmwA on the maximum rates of the debt collection institutes due remuneration. If the creditor operates the dunning process himself, the debtor undertakes to pay an amount of EUR 10 per reminder and an amount of EUR 5 per half year for keeping the debt on record in the dunning process.

Retention of title

Except for their resale in the ordinary course of business, the goods remain our property until the purchase price and all claims from the existing business relationship have been paid. The customer's claims from the resale of our unpaid goods are already assigned to us as security. In the event that the goods are sold by the customer with other goods that do not belong to us, the purchase price claim is only deemed assigned to the amount of the value of the goods delivered by us. The customer is authorized to collect the assigned claims as long as he meets his payment obligations towards us. A pledging or security transfer of the goods delivered by us or an assignment of the claims from the resale of these goods is only permitted after full payment of all our claims. If the customer behaves in breach of contract - in particular in the event of default in payment - we are entitled to take back the reserved goods or, if necessary, to demand the assignment of the customer's claims for return against third parties. Taking back or pledging the goods subject to retention of title by us does not constitute a withdrawal from the contract. If the contractual partner is in default of acceptance, we are entitled • either store the goods with us, for which we charge a storage fee of EUR 10 per calendar day or part thereof and at the same time insist on the fulfillment of the contract, or • to withdraw from the contract after setting a reasonable period of grace and to use the goods for other purposes; in this case, a contractual penalty of 30% of the invoice amount applies as agreed. As of October 2016



Warranty
Complaints can only be considered if they are made within 8 days of receipt of the goods. In the case of a timely, justified notice of defects, the delivery of a defect-free product of the same or similar type can be demanded. If this is not possible, there is only a right to withdraw. For the rest, we are only liable for intent and gross negligence. Claims for damages are limited to the value of the delivered goods. In view of the wide range of possible uses of the products, we are not liable for consequential damage. A guaranteed property only exists if we have given the customer this property warranty in a letter addressed only to him. Warranty claims against us are only available to the direct customer and are not assignable. Any recourse claims that contractual partners or third parties make against us under the title product liability ISd PHG are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence. Justified complaints do not entitle the customer to withhold the entire purchase price, but only a reasonable part of the invoice amount.

Jurisdiction and place of performance
The place of jurisdiction for all disputes arising from the underlying legal transaction and the place of fulfillment is Feldkirchen/Carinthia. Austrian substantive law applies. The applicability of the UN sales law is excluded. The contract language is German.

Privacy
In accordance with the Data Protection Act, we are entitled to process, store and evaluate the data collected about the buyer in connection with the business relationship and to pass it on to our parcel service providers.

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