Conditions of Use
General terms and conditions of trade (GTCT)
1) Offering, Order, Price
1.1The following sales- and delivery-terms are valid for all orders at our place. Contrary terms are only binding for us, when they are approved from us in written form. That is hold true for the case, that the purchaser refer to his own delivery-terms. Agreements in oral form, which includes an additional commitment of us, are only binding, when they will be approved from us in written form.
1.2 All our prices are ex warehouse. Package, insurance and freight will be charged to the debit of the purchaser.
2) Period of Payment, Payment Terms, Rescission
2.1 Our invoices have to be paid at once on receipt. We explicitly reserve the right, to demand prepayment up to the full amount. At overrun of the period of payment, with reservation raising of a damage caused by delay, default charges in the amount of 14,5%, starting from expiration date up to the day of payment, will be charged.
2.2 Compensation or detention of payments due to pretended counterclaims – also for the claim of warranty – are excluded. The continuing compensation possibilities of a customer within the meaning of § 6, chapter 1, item 8 KschG will remain unaffected of that.
2.3 Persists the purchaser longer than 30 days behind with the payment, distraints will take place. Detoriate his financial situation significant , are we authorized, to withdraw from all not fulfilled delivery contracts or to demand prepayments.
3) Delivery
3.1 Partial deliveries are permitted.
3.2 The delivery deadline takes effect conditional unexpected obstacles, which are beyond ours and our supplier’s will, especially in cases of acts of nature, breakdown, shortage of material, strike etc., as far as these occurrence have relevant affect on the relevant fulfilment of the sales contract, extends the delivery deadline adequate. In any case are compensation claims or cancelling of the contract, due to belated delivery excluded, if the purchaser cannot prove us culpable negligence.
4) Risk Commitment
4.1 The delivery takes always place at purchaser’s invoice and risk. We don’t liable for damages and loss during the carriage. Having no entire rules from the purchaser, we have to execute the delivery to the best of our judgement. If there are no other instructions of the purchaser about the insurance against transport damages, we can do this at cost of the purchaser. There is no compulsory insurance on our part.
4.2 The purchaser is, in his own interest, recommended, in case of damages during delivery, to advice the forwarder immediately, to save possible rights.
5) Reservation of Proprietary Rights
5.1 The goods supplied are considered the property of our company until we received the full payment, as committed in the delivery contract. As long as the goods are our property, the purchaser is non-entitled, to give the received goods in pawn or to them pledge as security. Threatens our property danger from third party, we have to be informed immediately. Ought a bailiff try to distrain the supplied goods, so he has to be informed, that the goods are our property by naming our company and our address.
6) Warranty
6.1 The purchaser has to check a shipment immediately after delivery. Complaints because of incomplete delivery or because of discovered faults, have to be advertised in written form immediately, otherwise the delivery is believed to be accepted without reservation and dispense with warranty- and compensation-claims. The fault has to be indicated so clear, so that we can identify the reason of the reclamation clearly.
The purchaser is obligated to provide the provisional save-keeping of the faulty goods. Apart from that we liable for faults of the delivery under exclusion of further demands as follows:
6.2 All that parts have to be repaired free of charge or newly supplied, which are within 6 months after delivery-date verifiable before the passing of risk as a result of the fact that the parts becomes unusable or their usability became sorely afflicted especially by faulty construction, poor solids or bad execution. Natural wear, mistreatment, encroachment, carelessness and modifications without our approval, excludes any warranty. Warranty claims could only be accepted, if they will be raised at our house in written form immediately after the detection of their defectiveness. Such parts must be shipped to us free of charge. The replaced part becomes our property by compensation delivery or by credit note. Any further compensation of a disadvantage – except on an act of gross negligence - will be turned down by us explicitly. Concerning consumer business in the sense of the consumer protection act the warranty deadline extended to two years after delivery-/buying-date.
7) Acceptance, Fetch, Return
7.1 Goods bought on call have to be picked up within 3 months. If they are not picked up in time, we are entitled, to store the mailable goods at purchaser’s expense and risk and charge any rising costs as delivered, bring to account. On default in taking delivery beyond the three-monthly timeframe, we are absolutely entitled, to withdraw from the contract, regardless further charges, to demand a 10% cancellation fee from the purchaser.
7.2 Specially ordered goods for the purchaser will not taken back, without exception. Contingently return shipment will not be accepted and at cost and risk of the purchaser sent back.
8) Miscellaneous, Place of Fulfilment, Forum
8.1 Legal inefficacy of a chapter of this sales- and delivery-terms will not concern all the rest of the terms.
8.2 Place of fulfilment for consignment and payment is solely
8.3 For the privity of contract between the purchaser and us has to be administer always Austrian justice, but under exception of the UN convention on contracts for the international sale of goods (BGBI. 96/1988), and also whose translation in .
8.4 Compelling rights of a customer according the consumer protection act will not be shortened by the above named terms.
9) Return upon Accomodation
9.1 The customer shall be entitled to return goods within 8 days after date of invoice, which we shipped out of our catalogue, under following conditions:
The shipped goods have to be returned, undamaged, functioning, complete and in a faultless package together with the filled out return certificate. Before the return, the customer has to request a RMA-number (Return-Material-Authorisation) from us. In the event of non-fulfilment of the above named terms, the supplier will upraise a handling charge of € 20,00.
9.2 The right to return of electronic parts, processors, books, expendables items, data mediums and software is only valid in unopened original packing. Generally excluded from right to return are customized purpose-built goods. The purchaser gets a credit note or, by request, a replacement after restitution.
10) Distance Selling Deal
10.1 Distance selling is a contract, which was concluded, without concurrent presence of the contracting parties, i.e. by order sheet, advertisements, phone, telefax, internet etc. and it must be a consumer business.
10.2 A distance selling deal with the constituent is only valid, when the constituent has confirmed the purchase order in written form by naming of his company name, the company address, as well as essential characteristics of the goods, of the price and of the delivery charge.
10.3 If the constituent is a consumer, he can withdraw from a distance selling deal within 7 workdays (Saturday is no workday).
10.4 From the right of a consumer, to withdraw from a distance selling deal are explicitly excluded: Customized purpose-built goods, audio- and video-recordings or software, which was unsealed by the client. Furthermore services, whose execution will be started, according to the agreement, within 7 workdays after contract formation.
10.5 Otherwise, for the distance selling deals, the respective terms of the customer protection are valid.