The supplies, services and offers of our company are made exclusively on the basis of these terms and conditions. We do not accept any terms from the customer, which are contrary to or deviate from our business terms, unless we have expressly agreed to their validity. Contracts for the fulfilment of our obligations, which deviate from our terms and conditions, shall not be deemed to be acceptance of terms and conditions between the contracting parties.
II. Conclusion of contract
A contract offer from a customer requires an order confirmation. The contract is concluded when the goods ordered by the customer are despatched. If offers are addressed to us, the party making the offer is bound to a reasonable, but at least 8-day deadline from receipt of the offer.
All prices mentioned are, unless expressly stated otherwise, exclusive VAT. Should the costs of wages be changed as a result of collectively agreed regulations in the sector, or in-house financial statements, or should other costs relevant for the calculation be made or costs necessary for the calculation, such as those for materials, energy, transports, external work, financing etc., prices may be increased or reduced accordingly. Clause III does not apply in the case of consumer transactions.
IV. Terms of Payment, Interest on Arrears
In the absence of any agreement to the contrary, payment is to be made on delivery of goods. Discount deductions require a separate agreement. In the event of the delay in payment, including partial payments, any discount agreements entered into shall also be void. Payments by the customer shall only be deemed to have been made upon the date of receipt in our business account.
In the case of default of payment of the customer, we are entitled, at our discretion, to demand the replacement of the actual damage or default interest at the statutory rate. Our company is entitled in the event of the customer's default of payment to also demand compound interest from the date of delivery of the goods.
V. Withdrawal From The Contract
We shall be entitled to withdraw from the contract in the event of default of acceptance (point VII.) or other important reasons, such as, in particular, bankruptcy of the customer or bankruptcy of the bank due to a lack of assets, or in the case of default of payment. In the case of withdrawal from the contract as a result of a fault of the customer, we have the option to demand a lump sum compensation of 15% of the gross settlement amount or the replacement of the actual damage incurred. In case of default of payment of the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and demand advance payments or guarantees or withdraw from the contract after setting a reasonable deadline. If the customer - without being entitled to do so - withdraws from the contract or desires its abolition, we have the choice to insist on the fulfilment of the contract or to agree to the abolition of the contract; In the latter case, the customer is obliged to pay a lump-sum damage compensation of 15% of the gross settlement amount or the actual loss incurred. The consumer can withdraw from the contract within 7 business days in the case of contracts concluded at a distance (§§ 5a ff Consumer Protection Act), whereby Saturdays do not count as business days. The period begins on the date of receipt of the goods by the customer or for services with the date of conclusion of the contract. It is sufficient to send the resignation notice within this period. If, in accordance with this provision, the consumer withdraws from the contract, he shall bear the cost of returning the goods. If a loan has been concluded for the contract, he shall also bear the costs of the necessary authentication of signatures and the charges (fees) for the granting of the loan. In the case of services that commence according to the agreement within 7 working days from the date of conclusion of the contract, a withdrawal is not possible. Already opened goods cannot be returned.
VI. Reminders And Collection
In the event of default, the contractual partner (customer) undertakes to reimburse the costs incurred by the creditor for reminders and collection insofar as these are necessary for the appropriate legal prosecution, whereby he is obliged in particular to make good the remunerations for the debt collection institution engaged according to the regulations of the Federal Ministry of Education and Research (BMWA) according to the maximum rates of the collection institutions. If the creditor carries out the collection procedure himself, the debtor commits himself to pay an amount of € 10.90 per collection, and an amount of € 3.63 for the evidencing of the debt relationship every six months of the debt collection period.
VII. Delivery, transport, default of acceptance
Our sales prices do not include any costs for delivery, montage or assembly. On request, however, these services are provided or organized by us for separate payment. In this case, the actual costs incurred, together with an appropriate additional charge for the cost of administration, and at least the freight and freight charges applicable on the day of delivery of the selected mode of transport shall be invoiced for transport or delivery. Installation work is calculated according to time, whereby an industry-standard man-hour rate is considered as agreed. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled, after unsuccessful postponement, to store the goods either with us, for which we charge a storage fee of 0.1% of the gross settlement amount per calendar day started, or at cost and the customer’s risk with an authorized commercial facility. At the same time, we are entitled either to insist on the fulfilment of the contract or to rescind the contract after setting a reasonable additional period of at least two weeks and to use the goods elsewhere.
VIII. Delivery period
We shall only be obliged to carry out the performance of the services after the customer has complied with all of their obligations which are necessary for the execution, in particular all technical and contractual details, preparatory work and measures. We are entitled to exceed the agreed dates and delivery periods by up to one week. The customer can only withdraw from the contract after the expiry of this period following the setting of a reasonable period of grace.
IX. Place of Fulfilment
Place of performance of services is the seat of our company.
X. Minor performance changes
If this is not a consumer business, minor or other changes in our performance or delivery obligations that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the material.
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or damage to goods purchased for processing. The injured party must prove the existence of slight or gross negligence, if it is not a consumer business the absolute statute of limitation of damage claims is three years from the transfer of risk
If it does not involve consumer business, the limitation period for claims for damages shall be three years from the passing of the risk. The provisions on compensation for damages included or otherwise agreed in these terms and conditions also apply if the claim for damages is claimed alongside or instead of a warranty claim.
Before connecting or transporting computer technical products or before installing computer programs, the customer is obliged to secure the data already existing on the computer system sufficiently, otherwise he has to bear responsibility for lost data as well as for all related damages.
XII. Product liability
Claims for reimbursement within the meaning of § 12 Product Liability Act are excluded, unless the person entitled to recourse proves that the defect has been caused in our sphere and is at least grossly negligently indebted.
XIII. Reservation of ownership and assertion thereof
All goods are delivered by us under reservation of ownership and remain our property until payment is complete. In the assertion of ownership, withdrawal from the contract shall only accepted if the latter is deemed to have been expressly declared. When returning goods, we are entitled to charge incurred transport and handling costs. In the case of access by third parties to the reserved goods, in particular as regards to seizure, the customer undertakes to notify us about our property without delay. If the customer is a consumer or not an entrepreneur, whose regular business is the trade with the goods purchased by us, he cannot dispose of the reserved goods until full settlement of the purchase price, in particular he may not sell, pledge, give or lend the goods. The customer bears the full risk for the conditional goods, in particular for the risk of loss, loss or deterioration.
XIV. Reservation of ownership
In the event of delivery subject to reservation of ownership, the customer hereby assigns to us our claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims. The customer has to call us his customers on request and to inform them in good time of the assignment. The assignment shall be entered in the business books, in particular in the open item list, and shall be made visible to the purchaser on delivery notes, invoices, etc. If the customer is in arrears with his payments against us, then the sales proceeds to him shall be segregated and the customer has them only in our name. Any claims against an insurer are already assigned to us within the limits of § 15 Insurance Contract Law. Claims against us may not be assigned without our express consent.
XV. Right of retention
If the matter is not a consumer transaction, and the contract has not been rescinded, a validated claim of warranty entitles the Customer to retain an appropriate portion of the invoice gross amount, not the entire amount.
XVI. Legal choice, jurisdiction
Austrian law applies. The applicability of the UN right of purchase is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not consumer business, the court with jurisdiction at the registered office of our company is solely responsible for resolving all disputes arising from this contract.
XVII. Data protection, change of address and copyright
The customer grants his consent that the personal data contained in the purchase contract in the fulfilment of this contract are stored and processed by us by automatic means. The customer is obliged to announce changes to his residential or business address, as long as the contractual business is not completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been sent if they are sent to the last notified address.