1. Area of application

    The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions. We do not recognise any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity. Actions we take to fulfil a contract on our part shall not be deemed to be consent to contractual conditions deviating from our terms and conditions in this respect. These terms and conditions shall also apply as a framework agreement for all further legal transactions between the contracting parties.

  2. Prices

    Unless otherwise expressly stated, all prices quoted by us are exclusive of value added tax. Should wage costs such as those for materials, energy, transport, external work, financing etc. change, we shall be entitled to increase or reduce the prices accordingly.

  3. Terms of payment, interest for delay

    If no agreement to the contrary has been made, our claims shall be payable in cash concurrently with delivery of the goods. Cash discount deductions require a separate agreement. In the event of default in payment, even with partial payments, any discount agreements shall cease to be valid. Payments made by the customer shall not be deemed to have been made until they have been received on our business account. If the customer defaults on payment, we shall be entitled, at our discretion, to demand compensation for the actual loss incurred or interest on arrears at the statutory rate.

  4. Cancellation of the contract

    In case of default of acceptance or other important reasons, such as bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as in case of default of payment of the customer, we are entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. If the customer defaults on payment, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, we shall have the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer shall be obliged to pay a lump-sum compensation in the amount of 15% of the gross invoice amount or of the damage actually incurred, at our discretion. In the case of distance contracts (§ 11 Fern- und Auswärtsgeschäfte-Gesetz - FAGG), the consumer may withdraw from the contract within 14 days. The period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with these provisions, he shall bear the costs of returning the goods. In the case of services which, as agreed, begin to be performed within 7 working days of conclusion of the contract, withdrawal is not possible.

  5. Default charges and collection fee

    In the event of default, the contractual partner (customer) undertakes to reimburse the creditors for the reminder and collection expenses incurred, insofar as they are necessary for the appropriate legal pursuit.

  6. Delivery, transport, default of acceptance

    Our sales prices include the cost of delivery. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled, after setting a grace period to no avail, either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof. At the same time, we are entitled either to insist on fulfilment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and use the goods for other purposes.

  7. Term of delivery

    We shall be obliged to perform as soon as the customer has fulfilled all his obligations required for performance, in particular all technical and contractual details, preliminary work and preparatory measures. We are entitled to exceed the agreed deadlines and delivery periods by up to one week. Only after this period has expired may the customer withdraw from the contract after setting a reasonable grace period.

  8. Place of delivery

    The place of delivery is the registered office of our company.

  9. Compensation

    All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items accepted for processing. The existence of slight or gross negligence, unless it is a consumer transaction, the injured party must prove. If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

  10. Product liability

    Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the error was caused in our sphere and was at least caused by gross negligence.

  11. Retention of title and its enforcement

    All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. If goods are taken back, we shall be entitled to charge any transport and manipulation expenses incurred. In the event of access by third parties to the reserved goods, in particular by seizure, the customer undertakes to draw attention to our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading with the goods purchased from us, he may not dispose of the goods subject to retention of title until full payment of the outstanding purchase price has been made, in particular he may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.

  12. Assignment of claim

    In the case of delivery subject to reservation of title, the customer hereby assigns to us his claims against third parties, insofar as these arise through the sale or processing of our goods, until final payment of our claims. Upon request, the customer shall name his customers to us and 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 apparent to the customer on delivery notes, invoices, etc. The customer shall be obliged to inform us of the assignment in good time. If the customer is in arrears with his payments to us, the sales proceeds entered with him shall be segregated and the customer shall hold these only in our name. Any claims against an insurer are already now assigned to us within the limits of § 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.

  13. Retention

    If it is not a consumer transaction, the customer shall not be entitled to withhold the entire amount of the gross invoice amount, but only an appropriate part, in the event of a justified complaint, except in cases of reversal.

  14. Choice of law, place of jurisdiction

    Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of our company shall have exclusive local jurisdiction to decide on all disputes arising from this contract.

  15. Data protection, change of address and copyright

    The customer gives his consent that the personal data in the sales contract in fulfillment of this contract will be stored and processed by us automated. The customer is obliged to inform us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, then declarations shall also be deemed to have been received if they are sent to the last known address. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property and the customer shall not be granted any rights of use or exploitation of the work.

Technical changes and errors (printing errors) as well as price changes reserved.