TERMS OF DELIVERY AND SALE
These General Terms and Conditions of Delivery and Sale of the Seller are generally designed for legal transactions between companies. If, by way of exception, they are also used as a basis for legal transactions with consumers within the meaning of § 1 of the Consumer Protection Act, Federal Law Gazette 140/79, they shall only apply insofar as they do not contradict the provisions of the first main section of this Act.
1. Scope of application
1.1 The scope of these General Terms and Conditions of Delivery and Sale includes all offers, legal transactions and other services of the Seller. Within the framework of ongoing business relations, these General Terms and Conditions of Delivery and Sale shall apply to future services even if they are not expressly agreed in each case. Any deviating agreements must be in writing in order to be valid. Any (general) terms and conditions of the buyer are hereby rejected; these shall not bind the seller even if the seller does not reject them again upon conclusion of the contract.
1.2 All offers and cost estimates as well as descriptions of services in brochures, advertisements or on the Seller's website are subject to change without notice and without binding effect and are to be understood merely as an invitation to submit an offer; no warranty is assumed for the correctness of the cost estimate.
2. Prices
The Seller's prices are net prices (in euros) ex Seller's works/registered office, excluding packaging, freight, insurance, discounts and VAT, plus any price increases due to increases in production costs (material prices, wages, general overheads, etc.) between order and delivery.
3. Terms of payment, reservation of ownership
3.1 Receivables of the seller are due for payment promptly after invoicing, unless other terms of payment have been agreed in writing. Cheques and bills of exchange shall only be accepted by special agreement and only on account of payment, not in lieu of performance. All ancillary costs of the contract, such as shipping costs, financing costs, costs of securing the purchase price claim in the land register, fees, interest and the like shall be borne by the buyer.
3.2 Offsetting with claims of the buyer against the seller is excluded. Furthermore, the buyer is not entitled to withhold payments due to warranty claims or other claims not recognized by the seller. Payments by the Buyer shall first be set off against repair costs, then against claims for spare parts, then against interest and other ancillary charges and only finally against the goods subject to retention of title.
3.3 If, after the conclusion of the contract, circumstances become known which give rise to justified doubts as to the Buyer's ability or willingness to pay and if the Buyer does not comply with the request for advance payment or a corresponding security deposit (at the Seller's discretion), the Seller shall be entitled, at its own discretion, to withhold performance or to withdraw from the contract in whole or in part without assuming any consequential costs whatsoever.
3.4 In the event of default in payment and/or breach of any other provision of the contract by the Buyer, loss of time is agreed. In addition, the seller is entitled to withdraw from the contract immediately. In the event of default, the statutory default interest shall be agreed. This shall not affect the Seller's right to claim further damages.
3.5 The object of purchase and its parts shall remain the sole property of the Seller (reserved property) until complete fulfillment of all (payment) obligations of the Buyer in connection with the respective legal transaction, even if individual parts have already been paid for. As long as the retention of title exists, a sale, pledge, transfer by way of security, lease or other transfer of the object of purchase is not permitted without the written consent of the seller. If the buyer fails to meet his payment obligations in whole or in part, if he is over indebted or has suspended payments, or if a petition for composition or bankruptcy is pending against the buyer's assets, the seller shall be entitled but not obliged to take possession of the object of purchase and to assert any further rights arising from the retention of title immediately.
3.6 The Seller shall be entitled to retain the individual notice of approval until all obligations of the Buyer in connection with the respective legal transaction have been fulfilled in full.
3.7 If a third party asserts a claim to the Seller's reserved property, the Buyer shall notify the Seller thereof immediately by registered letter and shall adequately defend the Seller's reserved property at its own expense.
3.8 For the duration of the retention of title, the object of purchase shall be insured by the buyer, at the seller's request, for the original price against all risks, including fire. The insurance policies shall be endorsed in favor of the Seller.
3.9 For the duration of the retention of title, the buyer is obliged to keep the object of purchase in proper condition and to have any necessary repairs carried out immediately - except in emergencies - in the seller's repair workshops or in an approved workshop.
4. Delivery
4.1 The Seller's delivery periods are always subject to change.
4.2 The delivery period shall not commence until the agreed down payment has been made in full.
4.3 In the event of an agreed amendment to the respective order, the seller is unilaterally entitled to set a new delivery date.
4.4 The Seller reserves the right to make changes in design and form during the delivery period.
4.5 Claims of the buyer due to non-performance or delay are excluded unless these circumstances were caused intentionally or by gross negligence on the part of the seller.
5. Fulfillment
5.1 Deliveries and services of the seller are fulfilled:
5.1.1 ex works: upon delivery of the notification of readiness for dispatch. The buyer shall take over the object of purchase immediately after notification of readiness for dispatch.
5.1.2 in the case of agreed place of performance/shipment: upon departure from the supplying plant.
5.2 Risk and dangers, including those of accidental loss, shall pass to the Buyer upon fulfillment. If a collection period is set by the supplier and this is exceeded by the buyer, an adjustment fee may be charged.
5.3 The Buyer shall inspect and take over the object of purchase at the agreed place of acceptance - unless otherwise agreed, at the supplier's works - immediately after receiving notification that it is ready for collection. If this acceptance does not take place within 8 days, the object of purchase shall be deemed to have been properly accepted.
5.4 If the Buyer expressly or tacitly waives the inspection, the object of purchase shall be deemed to have been properly accepted when it leaves the supplying plant.
6. Warranty and liability
6.1 Unless otherwise provided for below, the statutory warranty and liability provisions shall apply.warranted characteristics within the meaning of § 922 (1) ABGB (Austrian Civil Code) are only those that are expressly identified and promised by the seller. Product descriptions, brochures and information provided by the seller (or a third party manufacturer) etc. shall not be deemed to be warranted characteristics. No warranty is given for wear and tear (parts) and used vehicles/purchased items.The warranty period is two years.
6.2 The warranty period shall commence upon fulfillment. The warranty expires with the resale of the object of purchase by the buyer if the object of purchase has been modified by a third party or by the installation of parts of a third party origin, if the buyer does not comply with the regulations on the handling of the vehicle/purchase item (operating instructions) (in particular if the permissible total weight, the axle pressure, the payloads or chassis load capacity are exceeded or if the prescribed inspections are not carried out).
6.3 Warranty claims must be notified to the seller in writing within 14 days of knowledge of the defect, stating the type and extent of the defect (notice of defect). The application of §§ 924, 933b ABGB is excluded. The existence of a defect at the time of handover shall be proven by the transferee (buyer).
6.4 There shall be no right to rescission or reduction. The seller shall be free to fulfill a warranty obligation by improvement or by replacement/replacement. For the improvement or replacement, the buyer shall grant the necessary time and opportunity to a reasonable extent. If the buyer refuses this or if this is shortened in an unreasonable manner, the seller shall be released from the warranty. In all cases, only parts shall be replaced. The wages and costs incurred for installation and removal shall be borne by the buyer. Warranty claims must be reported or asserted at the supplier's works or at a service center authorized by the seller.
7. Compensation and product liability
7.1 Claims for damages are excluded in cases of slight negligence. The injured party must prove the existence of gross negligence. All claims for damages shall become statute-barred in any case after knowledge of the damage and the damaging party within one year after expiry of the warranty period.
7.2 Other claims for compensation by the buyer, of whatever kind, are excluded - with the exception of gross negligence on the part of the seller.
7.3 The Seller shall not be liable for material damage under the Product Liability Act or for product liability claims that can be derived from other provisions.
7.4 If the buyer of the object of purchase is again a seller, the seller's right of recourse pursuant to § 12 PHG is expressly excluded.
7.5 The object of purchase only offers the safety that can be expected on the basis of the approval regulations, operating instructions, regulations of the supplier on the handling of the object of delivery (operating instructions) - in particular with regard to the prescribed inspections - and other instructions given.
7.6 It is expressly stated that the data in the descriptions regarding performance, weights, operating costs, speeds, etc. are to be regarded as approximate values and are not binding.
8. Challenge of error
The buyer and the seller mutually waive the right to challenge legal transactions due to error as defined in § 871 ABGB.
9. Severability clause
If provisions of these General Terms and Conditions of Delivery and Sale are/become invalid in whole or in part, all other provisions of these General Terms and Conditions of Delivery and Sale shall remain valid. The invalid provision shall be replaced by another provision which is valid and comes as close as possible to the invalid provision in terms of content and purpose.
10. Place of jurisdiction
All orders, in particular those subject to these General Terms and Conditions of Delivery and Sale, shall be governed exclusively by Austrian substantive law, with the exception of its conflict-of-law rules, insofar as they refer to foreign law. If Austrian law provides for the application of special international substantive standards also applicable in Austria - such as the UN Convention on Contracts for the International Sale of Goods - these shall not be applied. The place of jurisdiction for all disputes arising from or in connection with the order - also in bill of exchange and cheque proceedings - shall be the court at the registered office of the seller.