Our company is legally based in Austria, therefore the language of our binding terms is German.
General Terms and Conditions
I. Scope of Validity
The supplies, services and offerings of our company are based solely on these General Terms and Conditions (AGB), regardless of the nature of the transaction. All of our statements of intent under private law are to be understood based on these General Terms and Conditions. We do not accept conditions set forth by the customer which conflict with or deviate from our own Terms and Conditions unless we have expressly agreed to their validity in writing. Actions in fulfillment of the contract on our part do not constitute consent to contractual conditions which deviate from our Terms and Conditions. These business terms shall be regarded as a framework agreement and apply to all further legal transactions between the Contracting Parties.
II. Conclusion of Contract
Our offers are not binding and are subject to change without notice. Oral promises, ancillary agreements and the like, in particular those of sellers, delivery agents, etc., which deviate from these General Terms and Conditions or any other of our written declarations of intent, are not binding for us. The contents of the brochures, advertising announcements etc. used by us are not an element of the contract unless expressly referenced. Each order requires an order confirmation to conclude the contract. The delivery or transfer of the goods ordered by the customer also does not constitute a contract. If offers are tendered to us, then the offerer is bound to a reasonable tender period of at least eight days from the date of receipt of the offer. The item II. a) shall not apply in the case of consumer transactions.
All prices quoted by us are, unless otherwise expressly stated, understood to be exclusive of sales tax or value added tax. If there is a change in wage and salary costs, due to collective contractual arrangements in the industry or company-internal labor agreements, during the time between contract conclusion and delivery, or if there is a change in other cost factors relevant to the calculation of costs or costs necessary to service performance, such as those for materials, energy, transportation, third-party work, financing, etc., then we are entitled to accordingly increase or reduce the prices. Item III is not valid in the case of consumer transactions.
IV. Terms of payment, default interest
Payment shall be made solely as payment in advance. On the basis of a separate written agreement with us, the customer can also choose an alternative form of payment (payment on delivery, cash, bank transfer). Early payment discounts require a separate agreement. In the case of default in payment, also with regard to partial payments, any discount agreements are rendered null and void. Payments by the customer are only considered as having been rendered upon being booked to our business account. In the event of default in payment by the customer, we are entitled to demand at our choice either compensation for the actual losses suffered or default interest at the statutory rate. In case of a default by the customer, our company is authorized to also require compound interest from the date of delivery of the goods. In case of a delay in payment, we are authorized to charge, starting from the due date, interest in the amount of 4% above the secondary market yield/Bund (federal government bond) according to the Monthly Statistical Bulletin of the Austrian National Bank. The right to enforce further claims for damages, in particular to require higher interest rates, remains reserved. The first sentence of item IV. (b) does not apply in case of credit transactions with consumers.
V. Contract withdrawal
In addition to the general legal provisions, we are also authorized to withdraw from the contract in the event of default of acceptance (item VII) or other important reasons, such as the opening of bankruptcy proceedings against the assets of a contractual party in particular, or rejection of a bankruptcy application due to insufficient assets to cover costs. In case of withdrawal due to the fault of the customer, we have the choice of demanding either lump-sum compensation for damages of 15% of the gross invoiced amount or the compensation for the actual amount of damages. In the event of default in payment by the customer, we are released from any further service performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services to be performed, and to require advance payments or provision of security, or – after setting a reasonable grace period, as the case may be – to withdraw from the contract. If the customer withdraws from the contract without being entitled to do so or seeks its rescission without justification, then we have the choice of demanding fulfillment of the contract or agreeing to rescission of the contract. In the latter case, the customer is obliged, according to our choice, to pay either a lump-sum compensation for damages of 15% of the gross invoiced amount or the compensation for the actual amount of damages. The consumer can withdraw from the contract within 14 days. The period begins with the date of receipt of the goods by the customer. It is sufficient to submit the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision of the contract, he or she must bear the costs for return shipment the goods. If a credit was concluded for the contract, then the consumer must also bear any costs necessary for attestation of signatures as well as for any charges (fees) for granting the credit.
VI. Dunning and collection expenses
In the event of default in payment, the contractual partner (customer) is obliged reimburse the creditor for any dunning and collection expenses incurred, insofar as they are necessary for taking appropriate legal action, whereby the contractual partner is in particular obliged at most to recompense payments to the contracted collection agency which, based on the directive of the BMwA (Federal Association of Mediation in the Business and Employment World), arise from the maximum rates of the collection agency fees due. Insofar as the creditor is pursuing the dunning procedure himself, the debtor shall undertake to pay an amount of EUR 10.90 for each dunning notice conveyed as well as EUR 3.63 per half-year for the maintenance of substantiation for the debt relationship during the dunning procedure.
VII. Delivery, transport, acceptance delay
Our sales prices do not included any costs for delivery or installation. Upon request, however, these services can be performed or organized by us for a separate fee payment. For transportation or delivery costs, this entails the actual costs incurred plus a reasonable management surcharge, but no less than the freight and carriage costs for the selected mode of transport valid on the day of delivery shall be invoiced. The specified delivery times apply from the receipt of the payment and only in case of compliance with the agreed payment terms. If the customer has not accepted the product as agreed (default of acceptance), we are entitled to either store the goods ourselves, for which we would bill a storage fee of 0.1% of the gross invoice amount per commenced day, or have the goods stored at an authorized commercial storage facility at the cost and risk of the customer. At the same time we are entitled to either insist on fulfillment of the contract or, after setting a reasonable period of grace, to withdraw from the contract and to redirect the goods for use elsewhere. In the event of default of acceptance, if there is imminent danger, we shall be entitled to sell the goods ourselves at a reasonable price without prior warning to the defaulting customer.
VIII. Transfer of risk
Without prejudice to the statutory regulations, the risk of accidental loss or accidental deterioration is transferred to the buyer in any case upon handing over of the delivery to the carrier, also in the event of delivery free to destination. IX. Delivery period We are only obliged to carry out delivery once the customer has fulfilled all his obligations which are necessary for the delivery, in particular all technical and contractual details, and preparatory work and measures. We are entitled to exceed the agreed schedule dates and delivery periods by up to two weeks. Only after expiration of this deadline can the customer withdraw from the contract after having set a reasonable grace period.
X. Place of performance
The place of performance is the headquarters of our company Franckstrasse 47, 4020 Linz, Austria.
XI. Minor performance changes
Minor or other reasonable changes to our customers for the rendering of our services and/or delivery obligations are regarded as having been approved in advance. This applies in particular to the circumstance-related deviations (e.g. of weights, sizes, colors, wood and veneer appearance, grain and structure, etc.).
XII. Warranty, inspection and reprimand duty
In case of a rectifiable defect, we fulfill the warranty claims of the customer at our choice by either replacement, repair within an appropriate period or a reduction in price. The customer’s claim for damages, which are intended to rectify the defect, can only be invoked if we are in arrears with fulfillment of the warranty claims. In terms of Art. 377 et seq. of the HGB (Commercial Code), the product is to be inspected promptly after delivery, at the latest within six working days. Deficiencies ascertained as a result are to be reported to us promptly, at the latest within three working days after their discovery. The nature and extent of the defect must thereby be disclosed in writing. Hidden defects are to be promptly claimed in writing, at the latest within three working days after their discovery. If a defect is not claimed at all or not in a timely manner, then the goods shall be regarded as approved. Items XII. (a) and (b) shall not apply in the case of consumer transactions.
XIII. Compensation for damages
All damages claims for damages against us are excluded in cases of slight negligence. The aggrieved party must prove the occurrence of slight or gross negligence. The limitation period for claims for damages shall be three years from the transfer of risk. The provisions on damages compensation contained in these General Terms and Conditions or as otherwise agreed shall also apply if the claim for damages are asserted in addition to or instead of a warranty claim. In the case of consumer transactions, Item XIII. (a) Sentence 1 shall not apply for personal injury and for damages to goods received for processing. Item XIII. a) Sentence 2, Item b) Sentence 1 does not apply in case of consumer transactions.
XIV. Product liability
Recourse claims in terms of Art. 12 of the Product Liability Act are excluded unless the beneficiaries of the recourse can prove that the defect was caused in our sphere of responsibility and at least gross negligence exists.
XV. Reservation and enforcement of proprietary rights
All goods and property are delivered under the reservation of proprietary rights and remain our property until full payment has been received. In case of reclamation or return acceptance by us for the reserved item, a withdrawal from the contract can only exist if this is explained explicitly. In the case of an acceptance of returned goods, we are – without prejudice to further claims – entitled to offset any transport costs and handling expenses incurred. If the acquirer of the goods or items supplied by us prepares or processes them before the fulfillment of all our claims, this does not result in his acquisition of the property. We acquire co-ownership of the resulting new item in relationship of the value of the goods supplied by us for the other processed goods at the time of the processing or preparation. The buyer may not pledge or assign as security any goods subject to reservation of proprietary rights. In the event of any attachments or other claims by third parties, the buyer is held to asserting our property rights and inform us immediately. Only an entrepreneur whose ordinary business operations of include commercial trade with the goods purchased from us may make use of the goods subject to retention of title up to the complete payment of the outstanding purchase price receivable. The customer bears the full risk for the goods subject to retention of title, especially for the danger of their demise, loss or deterioration.
XVI. Claim assignments
In the event of delivery under the reservation of proprietary rights, at that point already the customer assigns his claims against third parties to us, insofar as these derive from the sale or processing of our products, until final payment of our claims has been rendered. If the customer is in default with his payments to us, then his incoming sales must maintained separately and the customer is to only hold these in our name. Possible claims against an insurer must already this point be assigned to us to us within the limits of Art. 15 of the VersVG (Insurance Act). Claims against us may not be assigned without our express permission.
In the event of a justified complaint, except in the case of reversed transaction, the customer is not entitled to withhold the entire sum of the gross invoiced amount but instead only an appropriate portion thereof. Item XVII shall not apply in the case of consumer transactions.
XVIII. Default of due date
Insofar as the customer is to remit his payment obligation in partial amounts, it shall be deemed to be agreed that if timely payment of only one installment is not made, all installment payments still outstanding will be due immediately without further notice. Item XVIII. a) applies in the case of consumer transactions to the extent that we have provided our service completely, and if just one defaulted installment payment by the customer is at least six weeks overdue and if we have given the customer a grace period of at least two weeks under the threat of default of due date.
XIX. Choice of law, competent court of jurisdiction
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods (UN CISG) is expressly excluded. The contract language is German. The Contracting Parties agree on Austrian domestic jurisdiction. The court competent for the headquarters of our company has exclusive jurisdiction for the decision of all disputes arising from this contract. The last sentence of Item XIX shall not apply in case of consumer transactions.
The customer grants his consent that the personal data contained in the purchase contract may be stored and processed by us in computer-supported systems for the fulfillment of this contract. The customer is obligated to notify us of changes of his personal living or business address known as long as the legal transaction has not been completely fulfilled by both parties. If this information is not communicated, then any notifications shall also then be regarded as having been received if they are sent to the last known address. Plans, diagrams or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, shall continue to remain our intellectual property; the customer does not receive any such as any rights of work usage or exploitation.
XXI. Severability clause
If individual provisions of these General Terms and Conditions are found to be fully or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.