Terms and Conditions
The following terms and conditions in the current version - apply to all - including future - contracts, supplies and other services with companies (hereinafter customer), unless the order confirmation or a written agreement with the customer provides otherwise. These terms and conditions apply as a framework agreement for all further legal transactions between the parties. The customer accepts these terms and conditions by placing an order or acceptance of the delivered products. Other terms and conditions of the end customers, we hereby expressly reject. Additional agreements, changes and additions must in any case our written confirmation.
2. Offer and Conclusion
2.1 Our offers are subject to change. Contracts are therefore concluded only when we confirm the order within two weeks of receipt of the order in writing or provide the service.
2.2 The content of the contract is the confirmation of the Contractor or - if the absence thereof - the free offer decisive.
2.3 The part of the offer documents - drawings, illustrations, weights, lumens information Luxangaben etc. - contain, unless expressly described as directly binding, only approximate, but not binding properties.
2.4 All title and copyrights in and offer all the client submitted documents remain with the Contractor. Supply and documentation may not, without approval of the contractor not be disclosed to third parties may be published or copied.
2.5 additions, alterations and secondary agreements concluded shall be effective only in writing. This also applies for a waiver of this requirement of written form.
3. workplace policies, building plans, construction measures and regulatory approvals
Workplace policies, building plans, construction activities, regulatory and other guidelines and approvals shall be procured by the customer and must be observed.
4. Delivery; grace periods; partial deliveries
4.1 Delivery dates contends deemed only approximate, unless they are expressly confirmed by us as binding.
4.2 Confirmed delivery periods begin on the date of our order confirmation, but not before receipt of an agreed payment to our account. If our performance is also dependent on the involvement of the customer, the period does not begin even before the customer has fulfilled his obligations to cooperate.
4.3 Our delivery obligation will be inactive as long as the customer against whatever contractual relationship with us is equal to payment obligations in default.
4.4 If confirmed delivery, we reserve a period of three weeks. A deadline set by the customer must be informed in writing and is inappropriate in any case, if it is less than three weeks. Depending on the nature of the benefit due may require a longer grace period.
4.5 us, the performance of the service due to force majeure or other unusual circumstances without fault and is temporarily impossible or more difficult, so an agreed service time to the duration of this hindrance extended. The same is true for a set by the customer for the performance period, especially section for grace. 4.4. Acts of God particular war, war-like situations, mobilization, import and export bans and blockades apply. Other unusual and undeserved circumstances are especially transport problems, breakdowns, delays in the supply of raw materials, strikes, lockouts and other industrial disputes, even if they occur at our supplier. We share the beginning and end of such obstacles with the customer.
4.6 Before the gem. No. 4.5 extended service period, the buyer is entitled either to rescind the contract nor to pay damages. The exclusion of the right of withdrawal ends when the impediment lasts longer than six weeks; in this case, we are entitled to withdraw.
4.7 We are entitled to make partial deliveries if the non-legitimate interests of the customers stand in the way.
5.1 All prices are after our - calculated current price list and exclude additional desired by the customer special packaging or delivery method, not at the day of the written confirmation.
Sales tax is calculated at the applicable at the time of the creation of the additional tax liability set.
6. Terms of payment
a) Submission of an irrevocable bank guarantee, which is signed by the customer and its bank be financed.
b) 70% deposit within one week from order confirmation, with a confirmed delivery date from the date of receipt of the payment applies.
c) The difference Payment is 100% within 7 days of delivery.
The Contractor shall bear the risk until delivery of the products. The Customer bears the risk before taking over the products, if he delayed the transfer or unduly denied.
8.1 All products delivered by us are delivered under retention of title and remain our property until full payment. If the customer sells reserved goods, he hereby assigns to us his future claims from the resale to its customers with all ancillary rights - including any accounts receivable - by way of security, without the need for a further declaration. If the goods are resold together with other objects without the reserved goods price has been agreed, the buyer shall the Supplier with priority over other claims that part of the total price claim, corresponding to the provided by the supplier invoice price of the goods.
8.2 In the event of seizure, attachment or other act of intervention by third parties to notify us immediately by the customer.
8.3 In case of culpable violation of essential contractual obligations of the customer, especially default of payment, we are entitled to withdraw after a reminder. The customer is obliged to surrender. In the back or the enforcement of reservation or attachment of the delivery item by us does not constitute withdrawal from the contract unless we have expressly er clarifies. We have the right, after prior warning to dispose of the seized goods subject to retention and meet us attributable to outstanding claims from the proceeds.
8.4 If delivery items have become essential components of the land or building, the Contractor fail to comply with the agreed terms of payment to the Contractor undertakes to allow the dismantling of the objects and to transfer him the ownership of these items back. Affect the client the aforementioned rights of the Contractor, he shall be liable to pay damages this. The dismantling - and other costs - will be paid at the expense of the customer.
Become items delivered securely connected to another object, such transfers, the contractor, if thereby receivables or co-created his claims or his co-ownership of the new item to the contractor.
9.1 We warrant regardless of the number of operating hours for the warranty period of 24 months from delivery to the customers that our products and services are free of defects. However, in the present state of the art no assurance the constant error-free utilization of hardware, software and firmware.
9.2 Obvious defects, the customer must notify us within one week of receipt of the goods. Other defects, the customer immediately, that is no later than one week after their discovery of any defects in writing. If deficiencies are not displayed or complained in time, the goods shall be deemed approved so far.
9.3 If the goods supplied are defective and does not apply it according to no. 9.2 as approved, the customer first, only entitled to a claim for remedy, which can be done by replacement. Replacement products or product parts become our property. When sufficient repair applies an instruction how to avoid the effects of defects.
9.4 Claims for damages are available to the customer only if the statutory requirements and subject to the limitations of the following no. 10.
9.5 All warranty rights of the customer are excluded if the goods delivered by us repairs or other work by the customer or a third party run and can not be excluded that the defect is due to this. Furthermore, we can not guarantee for any damage resulting from any of the following reasons: - operational wear and normal wear and tear over the warranty period of 24 months out - improper use, operational errors and negligence on the part of the customer; - Operation with incorrect current type or voltage and connection to unsuitable power sources; - Fire, lightning, explosion, or system-related surges; - Moisture or improper temperatures. Further, the warranty is void if the serial number, model, manufacturer's name or similar characteristics are removed or made illegible.
9.6 The period of limitation for all rights of the customer due to a defect is 24 months from delivery to the customer.
10. Limitation of Liability; offsetting
10.1 For intentional or grossly negligent breach of duty or for damages resulting from injury to life, body or health, we have unlimited liability. In addition, we are only liable if the injured contractual obligation for the achievement of the purpose is essential, and only limited to the amount of the typically foreseeable damage.
10.2 The limitation of liability in no. 10.1 shall apply mutatis mutandis for other than contractual claims for damages, in particular tort claims, with the exception of claims under the Product Liability Act, including the benefit of our employees, workers, employees, representatives and agents.
10.3 One-off is permitted only with undisputed or legally established claim.
11. Intellectual property rights, copyrights,
11.1 We are committed to customers of liability to indemnify if the claims for infringement of any law of the Federal Republic of Germany, Austria and Switzerland intellectual property right (including copyright) against the customer because of the use of a product supplied by us eligible, provided the customer has informed us promptly of any such claim in writing and all regulations are reserved.
11.2 If, based on such claims should not be possible to use the product on commercially reasonable terms, we will either modify or replace the product at its option, such that the property right is not infringed or take the product and the fees paid by the customer purchase price less the compensation, refund derived benefits.
11.3 Any further obligations to meet. We are not liable for infringements of property rights, which are caused by the fact that a product supplied by us changed, used inappropriately or is used with not delivered by us.
12. Compliance with legislation; Export control regulations
12.1 The products delivered by us and their technical know-how are intended for use and remaining in us directly supplied countries. The customer agrees to the relevant national legislation and to comply with all applicable national and international laws against a proposed export or re-export.
12.2 The Customer export control regulations themselves and also by its customers for compliance with the laws and sucked. Responsible and shall release us from all liability.
13. Final regulations; assignment; Jurisdiction; Applicable law
13.1 If any provision of the above terms and conditions must be wholly or partially invalid, the contract shall otherwise remain unaffected. In this case, the parties commit now to agree on a substitute provision that approximates the economic intent.
13.2 The Customer may assign its rights and duties under this Agreement without our prior written consent.
13.3 Orders are processed within our company using automated data processing. The customer hereby gives his explicit consent to the processing of our knowledge in the context of contractual relations and necessary for handling the order.
13.4 The place of performance and jurisdiction for all claims arising from the contractual relationship is Graz (Austria). However, we are entitled to sue the customer in any other jurisdiction.
13.5 The contractual relationship with all our customers Austrian law is applicable Austrian jurisdiction shall apply.
13.6. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations, etc., remain our intellectual property; the customer does not receive whatsoever use or exploitation rights. With appropriate infringement, we reserve the express right to take legal action. This applies in particular texts, drawings, photographs and plans of our website, offering light and plans.
13.7 Changes or amendments to this agreement shall be in writing. This is also true for repeal or amendment of this written form requirement.
13.8 In addition to agreements to this contract have not been made, unless they are set down in writing under this Contract.