General terms and conditions

The general terms and conditions listed below shall apply to all our deliveries and services, unless other terms and conditions have been agreed in writing. Deviations from the terms and conditions listed here must be in writing to be legally effective. Likewise, any deviation from this agreement must be in writing.

The order of the customer shall be decisive for the scope of the delivery obligation. In the event that our order confirmation deviates from the order of the purchaser, our order confirmation shall be deemed to be agreed unless the purchaser objects in writing within three days of receipt of our order confirmation. Changes to the order by the purchaser shall only be effective if they are confirmed by us in writing. All our offers are non-binding and subject to change. Details in the performance descriptions (weight and quality, operating costs, etc. are approximate). Details in catalogs, brochures, etc. are non-binding and only become part of the contract insofar as they are expressly referred to in the order confirmation.

All agreed prices are net prices ex our works. All prices are without packaging, shipping and insurance. If we are commissioned with packaging, shipping and insurance, these costs will be charged to the customer. In case of shipment of the goods to third countries, all customs duties, taxes and other public charges shall be borne by the orderer.

The confirmed delivery time is non-binding, unless a fixed date has been agreed. Claims for damages due to exceeding the delivery time are excluded. We reserve the right to withdraw from the contract if we become aware of circumstances in the economic circumstances of the purchaser after order confirmation and the purchaser does not secure our claim.

The fulfillment and the transfer of risk always takes place with the departure from our delivery plant. Thus, the inspection of the goods has to take place in our factory. In the event of default of acceptance on the part of the purchaser, the risk shall pass to the purchaser as soon as we have declared that the goods are ready for delivery. Insofar as partial deliveries are not expressly excluded in writing, they are permissible at any time. The mode of dispatch shall be determined by us unless otherwise agreed in writing. Operational disruptions, cases of force majeure, irrespective of whether they occur at our premises or those of our suppliers, shall release us from the obligation to deliver or from compliance with the agreed delivery deadlines. We shall be entitled to make subsequent deliveries after the disruption has been remedied. All deliveries shall be made carriage forward from the Supplier's registered office for the account and at the risk and expense of the Purchaser. Insurance of the ordered goods/services shall only be effected upon express written order and at the expense of the Purchaser.

The warranty period shall in any case be 6 months, contrary to the provision of § 933 (1) AGBG. The purchaser shall be obliged to inspect the goods immediately and to give notice of defects. A complaint shall be deemed to have been made in good time if it is submitted to us in writing within 8 days of handover or occurrence of the defect. The customer is not entitled to complain about the entire delivery if only parts of the delivery are defective. We shall be entitled to deliver the defective parts subsequently or to exchange them. The warranty shall expire if the object of purchase has been modified by third parties or by installation of parts of foreign origin. For repair work and used objects of purchase any warranty is excluded. In the event of resale within the warranty period, the warranty shall expire. The customer is not entitled to assign claims under the title of warranty. In case of gross negligence, the liability is limited to the amount of the contract value, but not more than the amount covered by the business liability insurance (except in case of personal injury). We shall not be liable for indirect damage, loss of profit, loss of interest, failure to make savings, consequential and pecuniary damage and damage arising from third-party claims, or for damage caused by unsuitable or improper use, natural wear and tear, incorrect or negligent handling or storage.

In principle, a warranty or guarantee claim exists only after transmission of a completely filled out complaint form of the company Wimmer. For warranty work by dealers or customers, the following principles have been changed: In case of justified warranty claims, the customer has to send the rejected goods to us at his own expense and risk. After rectification of defects, the goods will be returned to the customer at the customer's expense and risk. No costs whatsoever can be assumed for rectification of defects by dealers or customers. Transport costs will generally only be reimbursed for incorrectly delivered components if a written complaint is made within 3 days. The following principles apply to the transfer of attachments from Wimmer:

- all attachments must be handed over by trained personnel and adjusted according to our specifications.

- The provided adjustment protocols must be completed and sent to Wimmer within 1 week after delivery of the device.

If these services cannot be proven, there is no warranty or guarantee claim. The following basic principles apply to the installation of attachments and accessories from Wimmer carried out by the dealer or customer:

- Wimmer only guarantees the function of the delivered components. Due to the various designs of the hydraulic excavators, Wimmer does not assume any guarantee or warranty for the correct function of the finished superstructure. The type or exact design of the superstructure must be adapted to the excavator design by the dealer or customer.

Replacement deliveries for complained spare parts are always charged and credited only after return of the defective spare part and positive complaint decision. The delivery must be accompanied by a delivery bill with a copy of the complaint. Here, too, the rule applies that we do not bear any transport costs. The return delivery of the defective parts must arrive at the Thalgau plant within 30 days of receipt of the complaint, otherwise the complaint is invalid.

Unless otherwise agreed in writing, our invoices shall be due for payment upon presentation of the invoice. Insofar as payment by installments has been agreed, non-payment of even one installment shall result in the loss of the deadline and the entire outstanding amount shall become due for payment immediately. In the event of default of payment by the customer, we are no longer obliged to continue fulfilling orders that have not yet been executed. Payments can be made with effect only to ourselves. Representatives are not entitled to collect payments. In the event of default in payment, we shall be entitled to charge interest on arrears in accordance with § 456 of the Austrian Commercial Code (we shall be at liberty to claim damages in excess of this amount separately), as well as to claim dunning, collection and legal costs, insofar as they are necessary for appropriate legal prosecution. This includes, without prejudice to any further collection costs (as defined in § 1333 para 2 ABGB), a lump sum of € 40.00. In the event of default in payment, payments shall first be set off against costs, then against interest and finally against the principal. In case of several existing debt obligations of the customer, payments shall first be set off against unsecured claims and then against the oldest debt obligations. The raising of notices of defects shall not entitle the Purchaser to withhold payments. Offsetting is excluded. In the event of default in payment, we shall be entitled to withdraw from the contract after setting a grace period of 14 days and to demand compensation for the damage suffered and lost profit or a contractual penalty in the amount of 10% of the agreed price.

The goods shall remain our property until the purchase price has been paid in full or until all other claims arising from the business relationship have been settled. The purchaser is not entitled to resell or lease goods subject to retention of title. In the event that the delivered goods are intended for resale by the purchaser, the purchaser shall assign its purchase price claim against its customer to us upon resale.

We are entitled to assert the assigned purchase price claim directly with the customer of the purchaser, but are not obliged to do so. The customer is prohibited from pledging goods delivered under retention of title. The customer must notify us immediately of any seizure of the goods. The costs of any execution proceedings shall be borne by the customer.

Austrian law shall apply. Place of performance is our factory, place of jurisdiction is the city of Salzburg.

The protection of personal data and the privacy of data subjects is of particular concern to us. We therefore process personal data exclusively on the basis of the legal provisions [Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. 4. 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (DSGVO), Data Protection Act as amended on 25. 5. 2018, Telecommunications Act 2003]."

Both we and the customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (DSGVO) and any other statutory confidentiality obligations.

We process the necessary personal data for the purpose of fulfilling the contract. The detailed data protection information (data protection notice) according to Art 13 ff DSGVO can be found on our homepage at: www.wimmer.info/datenschutzerklaerung.

The customer is obliged to take all necessary data protection measures, in particular those in the sense of the DSGVO (e.g. obtaining the declaration of consent of the persons concerned), so that we may process the personal data for the purpose of the contractual relationship.

The customer agrees to receive messages iSd § 107 Telecommunications Act (TKG) for advertising purposes from the entrepreneur or from companies that have been commissioned by the entrepreneur for this purpose. This consent can be revoked by the customer at any time at [email protected].

Version July 2021