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 conditions stated here must be in writing in order to be legally effective. Any deviation from this agreement must also be made in writing. Only the managing directors and authorised signatories of our company entered in the commercial register are authorised to sign for us.
The scope of the delivery obligation shall be determined by the customer's order. In the event that our order confirmation deviates from the customer's order, our order confirmation shall be deemed agreed if the customer does not object in writing within three days of receipt of our order confirmation. Changes to the order by the customer shall only be effective if confirmed by us in writing. All our offers are non-binding and subject to confirmation. Details in the performance descriptions, weight and quality, operating costs etc. are approximate details.
All agreed prices are net prices ex works. All prices do not include packaging, shipping and insurance. If we are commissioned with packaging, dispatch and insurance, these costs will be charged to the customer.
If the goods are shipped to third countries, all customs duties, taxes and other public charges shall be borne by the customer.
The confirmed delivery time is non-binding, unless a fixed date has been agreed. Claims for damages due to exceeding the delivery period are excluded. We reserve the right to withdraw from the contract in the event that circumstances in the economic circumstances of the customer become known to us after order confirmation and the customer does not secure our claim.
The fulfilment and transfer of risk always occurs with the departure from our supplying plant. The inspection of the goods must therefore take place in our works.
In the event of default in acceptance on the part of the customer, the risk shall pass to the customer upon our declaration of readiness to deliver. Unless partial performances are 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, regardless of whether they occur at our premises or at those of our suppliers, release us from the obligation to deliver or from compliance with the agreed delivery deadlines. We are entitled to make subsequent deliveries after the fault has been rectified. All deliveries shall be made carriage forward from the supplier's place of business for account and risk as well as at the customer's expense. Insurance shall only be taken out on express written order and at the expense of the customer.
The warranty period is in any case only 6 months, contrary to the provision of § 933 (1) AGBG. The customer shall be obliged to immediately inspect and give notice of defects. Complaints must be made in writing to be legally effective. A complaint shall be deemed to have been made in good time if it is made 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 show defects. We shall be entitled to replace or replace the parts complained of. Our warranty is limited to supplementing the missing parts and improvement. Warranty claims going beyond this are excluded. In the event that justified warranty claims have been asserted, the customer shall send the goods complained of to us at his own expense and risk. Once the defects have been identified, the goods will be returned to the customer at the cost and risk of the customer. We do not provide any guarantee beyond the statutory warranty. In the event that the producer provides a guarantee, we assign to the customer the guarantee claims to which we are entitled against the producer.
The warranty expires if the object of purchase has been modified by a third party or by the installation of parts of a third party origin. For repair work and used purchase objects any guarantee is excluded. In the event of resale within the warranty period, the warranty expires.
The customer is not entitled to assign claims from the title of warranty.
Claims for damages from whatever title, in particular also claims for consequential damages, are expressly excluded except for intent and gross negligence.
The contractual partner undertakes, in the event of non-payment or non-payment in full and/or late payment of the usage fee for at least 4 weeks, despite due date and written reminder with extension of time by Wimmer Felstechnik, to surrender the transferred items within 8 days to Wimmer Felstechnik in proper condition or gives his consent that in the event of failure to return Wimmer Felstechnik the surrendered items will be collected. In this respect, the contractual partner waives the assertion of a disturbance of possession and any claims for damages in connection with the concrete act of disturbance of possession. Furthermore, the contractual partner undertakes to reimburse Wimmer Felstechnik for all costs, expenses (such as in particular collection costs, lawyer's fees or costs of commissioned companies), insofar as these were necessary for the appropriate prosecution. In addition, Wimmer Felstechnik is entitled in case of delay and fruitless setting of a grace period to withdraw from the contract immediately and to demand from the contractual partner a contractual penalty not subject to the judicial right of moderation in the amount of twice the outstanding remaining usage fee as well as possible reductions in the value of the objects provided, which go beyond proper wear and tear through use with proper fulfilment of the contract.
Unless otherwise agreed in writing, our invoices are due for payment upon invoicing. If payment by instalments has been agreed, the loss of a deadline shall also occur in the event of non-payment of only one instalment and the total amount outstanding shall become due for payment immediately. In the event of default in payment on the part of the customer, we are no longer obliged to continue to fulfil deliveries that have not yet been carried out. Payments can only be made to ourselves with effectiveness. Representatives are not entitled to collect payments. In the event of default in payment, interest on arrears in the amount of 12% above the respective bank rate is agreed. In the event of default in payment, payments shall first be set off against costs, then against interest and finally against the main item. In the case of several existing debt obligations of the customer, payments shall first be offset against unsecured claims and then against the oldest debt obligations. The acceptance of bills of exchange requires a special written agreement. Bills of exchange and cheques are only accepted on account of payment and not in lieu of payment.
The lodging of notices of defects does not entitle the customer to withhold payments. Offsetting is excluded.
In the event of default in payment, we shall be entitled to rescind the contract after setting a grace period of 14 days and to claim 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 customer 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 customer, the customer assigns his purchase price claim to his customer to us upon resale. We are entitled to assert the assigned purchase price claim directly with the customer of the customer, but are not obliged to do so. The customer is prohibited from pledging goods delivered under retention of title. The customer shall notify us immediately of any seizure of the goods. The customer shall bear the costs of any attachment proceedings.
Austrian law shall apply exclusively. The place of performance shall be our works; the place of jurisdiction shall be the city of Salzburg.
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