Conditions of Use

Special Conditions concerning sale and trade


1.Repute
The consignments, efforts and offers of our business are solely carried out as a result of this business conditions; regulations to the contrary or regulations of the customer that differ from our business conditions are not accepted unless we explicit agree to them.
Therefrom, our activities to perform a contract can not be seen as agreement to regulations, which differ from our business conditions. This business conditions also count as general agreement of all legal transactions between the parties to a contract.
2.Conclusion of the contract
An agreement-supply of a customer requires a confirmation. The mailing of the ware, which was indented by the customer, also causes contract conclusion. If there are offerings towards our business, the tenderer is bound to the offering for an adequate, but at least 8 days lasting period from input of the offering on.
3.Price

All prices, that we mention are
exclusive purchase tax unless anything else is observed.
If labor costs change because of collective-agreement-arrangements within the industry or internal deals or if other costs, which are relevant for the calculation, or costs, which are essential for goods and services, such as those for material, energy, transports, foreign work, financing, etc. change, we are legitimated to
elevate or lower the prices adequately. (this does not count for consumeraffairs)
4.Conditions of payment, interests for delay
In case of absence of contrary agreements our bills outstanding have to be paid cash matching payment with delivery for delivery of the ware. Cash discounts require a separate agreement. In case of default of payment, also with partial payment, possible cash discount agreements are annulled too. Payments of the consumer do not count until the point in time that they reach our business account.
In case of default of payment of the consumer we are enabled to demand the alternative of the actual accrued adversity, after our choice, or to demand default interests of legitimate size. In case of default of payment of the consumer our company is entitled to demand compound interest from the day of the delivery of the ware on.
5.Avoidance of contract
In case of default of acceptance or other important reasons, like especially bankruptcy of the costumer or bankruptcy rejection for lack of asset, such as in case of default of payment of the customer we are enabled to rescind from the agreement, as long as both parties have not entirely fulfilled it. In case of rescission we have , in case of encumbrance of the consumer, the choice to demand either a flat rated compensation of 15 % of the gross invoice amount or the alternative of the actual accrued adversity. In case of default of payment of the consumer we are released from contractual obligation and delivery-covenant and enabled to withhold outstanding deliveries or performances and to claim advance payment or securing or to withdraw from the contract after fixing an adequate extension of time. If a consumer withdraws from a contract or demands its abolishment without being entitled to do so, we are free to choose either to insist on the adherence to the agreement or to agree to the abolishment of the agreement; in the second case the customer is obligated to pay compensation amounting to 15% of the gross invoice amount or to pay for the actual accrued adversity after our choice.
In case of conclusion of a contract in distance selling (§§ 5a ff consumer protection law) the consumer is enabled to withdraw from the contract within 7 workingdays, whereas Saturdays do not count as workingday. The period starts with the day of the arrival of the ware at the customer or, concerning services, with the day of the signing of the contract. It’s adequate to send away the declaration of withdrawal within this period. If the customer withdraws from the contract under this clause he has to pay for the reconsignment of the ware; if there has been a credit concluded for the agreement, the consumer moreover has to pay for the necessary accreditation of signatures such as for the dues for grant of credit. Services, which are according to the agreement started within 7 workingdays from signing of the contract on, cannot be quit.
6.Warnexpenses and Expense of collection
The consumer is in case of delay obligated to replace the warnexpenses and expense of collection to the obligee, as long as they are necessary to do an adequate prosecution, whereas he is especially obligated to replace maximal the allowance of the activated collection-institutions, which result from the order of the BMwA about maximum rates concerning collection-institutions’ appertained allowences. If the creditor conducts dunning process himself, the defaulter is obligated to pay a sum of € 10,90 per occurred admonition such as to pay a sum of €3,63 per mid-year for the evidence attitude of the obligation of the reminders.
7.Consignment, transport, default of acceptance
Our selling prices do not include costs for delivery, setting up or location. If desired we of course complete these services or organise the accomplishment for a special payment. Therefor the actual spended costs for transport/delivery plus an adequate direction cost impact , but at least the costs, that count for the effective delivery day or the usual freightage and cartage of the chosen transport type have to be paid are invoiced. Installation work is calculated for its expenditure of time, whereas a usual in a line of business man-hour set counts as declared.
If the consumer did not take the goods into his charge as agreed (default of acceptance), we are after ineffective affixing of respite enabled rather to bin the ware in our business, for which we invoice a storage charge of 0,1% of the gross amount, invoiced per started calendar day, or at the expense and risk of the consumer, to bin the ware at a for this authorised businessman. Furthermore we are enabled rather to insist on the fulfilment of the contract or to withdraw from the contract and to market the ware in an ulterior way after fixing an adequate respite of at least 2 weeks.
8.Delivery date
We are not obligated to perform activity until the consumer fulfils his obligations, which are necessary to do the achievement, and especially has fulfilled technical and contractual details, preparatory work and tasks of preparation.
We are enabled to exceed the declared dates and terms of delivery up to one week. Primary after the expiration of this time limit the consumer is enabled to withdraw from the contract after fixing of an adequate respite.
9.Place of delivery
Place of delivery is the domicile of our business.
10.Fainted changes of activity
In case of not being about an affair of consumer, minor modifications or miscellaneous changes of contractual obligation or delivery commitment, which are reasonable to our consumers, count as accredited. This counts especially for changes, which are conditional because of the thing (f.e. for measure, colour, wood and veneer, grain and texture, etc.).
11.Compensation
All rights to compensation are excluded in cases of carelessness. This does not count for personal injury or for affairs of consumers for damages on things, that had to be incurred to work on them. The claimant has to prove the existence of slight or gross fault, as long as it is not about a consumer-affair. In case of not being a consumer-affair, the limitation period of claim for damages adds up to three years from transfer of perils on. The terms about compensation, that go into this business conditions or other agreed terms, do also count if the compensation is claimed beside or instead of a warranty claim.
Before connecting or transporting of computing-technical products/before installing of softwares, the consumer is obligated to adequately save the already existing database, otherwise he is in charge for disappeared data such as for all connected damages.
12.Product liability
Recourses receivable in terms of § 12 of the product liability law are excluded, unless the beneficiary of regress proves that the fault has been caused in our sphere and at least was grossly negligent encumbered with dept.
13.Retention of title and its assertion
We will deliver all wares under retention of title and they remain our property until they are completely paid for. The assertion of the retention of title is only a cancellation of a contract, if this is explicit declared. In case of redemption of wares we are enabled to account accrued transport- or manipulation-allowances. In case of access on the retention through a third-especially through distrait- the consumer is obligated to allude to our property and to inform us. If the consumer is customer or no businessman, to which’s business concern the trade with from us gained wares belongs, he is not allowed to be endued to the reservation commodity, especially not to sell it, hypothecate it, give it away or borrow it until the completely acquittance of the open demand for purchase price. The consumer bears full risk for the reservation commodity, especially for the risk of break-up, wastage or worsening.
14.Releases of covenant
In case of delivery under retention of title the consumer has to convey his allowances as payment, compared to thirds, right now, as long as they emerge through amortization or converting of our wares, until the final payment of our demands. The consumer has to mention his buyers, if we desire this, and to inform them about the cession in time. The cession has to be enlisted in the account books, especially in the position-list and to make it apparent on bills of delivery, invoices etc. . If the consumer is behind schedule with his payments, he has to detach the sales revenue, that reach him even if he just occupies them on behalf of us. Possible claims against an assurer are after § 15 of the insurance law already assigned to us.
Accounts against us must not be transferred without our explicit agreement.
15.Retention
In case of not being a consumer-affair the consumer is not entitled to reserve the whole gross invoice amount but only an adequate part of it in case of justified claim excepting cases of back completion.
16.Right choice, jurisdiction
It counts for Austrian law. The adaptability of the UN- Purchase right is explicit excludet. The language of the agreement is German. The parties to the contract declare Austrian, domestic jurisdiction. In case of not being a consumer business, for the decision of all conflicts, that accrue out of this agreement, the objective appropriate court on the domicile of our business is solely local appropriate.
17. If one point of the contract should be invalid, the contract remains into force. The invalid point will be replaced by the legal regulation.
18.Privacy, address modification and copyright
The consumer gives his allowance that the personal data, which also are involved in the act of sale, at performance of this agreement are supported by automation saved and accepted by us.
The consumer is obligated to disclose changes of private and business address, as long as the contractual legal transaction is not entirely fulfilled by both parties. In case of desist of the information, declarations do also count as sended if they are sended to the address, which was known at last.
Plans, adumbrations or other technical documents remain our mental property, such as examples, newsletters, brochures, pictures and similar things; the consumer does not obtain at it as always natured work right to use or patent rights.