1 Exclusive coverage of the terms of sale, the contract b>
1.1 Our deliveries are basically these general conditions of sale, even if we have conflicting Einkaufsbedingungen not explicitly contradict one another. Differing agreements must be supported by us in writing. P>
1.2
of cost estimates, drawings and other documents (hereinafter referred to as documents) the supplier retains ownership and copyright rights, right in front. The documents may be made only with prior consent of the supplier will be made available to third parties and, if the order the Supplier will not be granted, upon request, be returned immediately. Sentences 1 and 2 shall apply mutatis mutandis to documents of the Purchaser, which may, however, such third parties to whom the Supplier may rightfully transfer Supplies. P>
1.3 Partial deliveries are allowed, unless they are reasonable for the customer. p>
2nd Prices b> p>
our prices are exclusive of VAT charged on the day of the statutory amount ex works, excluding packaging, transport and insurance. p>
3rd Payment Terms b> p>
3.1 Unless expressly agreed otherwise in writing, all payments 30 days after dispatch of the delivery and invoicing to the customer and payable without deduction. For the timeliness of payments is crucial that we have the unreserved credit, in the case of checks or bills, that the possibility of timely payment and credit in the ordinary course of business is. All costs and expenses incurred in connection with the negotiation and submission of checks and bills go to your detriment. P>
3.2 We are entitled to from the occurrence of the delayed payment without proof of default interest at the rate of 8% above the base rate (ECB) to demand, without prejudice to the possibility of a higher actual damage. Our other rights remain unaffected. P>
3.3 A right of set-off or retention to the orderer only if his claims are legally established, undisputed or acknowledged by us. p>
3.4 If
us to conclude a contract of a substantial change in financial circumstances of the buyer is known (eg, request to open insolvency proceedings, negative credit reports or interim payment), we are entitled to outstanding deliveries or services only against advance payment or adequate security to execute, with any delivery or performance dates or appointments accordingly extended move. We have already delivered, we can offer different from No. 3 of our immediate payment of all bills require. P>
4th Delivery time> b> p>
4.1 A delivery date is only valid after written confirmation by us as agreed. The delivery deadline is met if the goods within the agreed delivery period have left our factory or your readiness has been reported. P>
4.2 The deadlines for deliveries requires the timely receipt of all documents delivered to Purchaser, necessary permits and approvals, especially concerning plans, and compliance with the agreed terms of payment and other obligations by the buyer. If these conditions are not met, the time shall be extended accordingly, this does not apply if the supplier is responsible for the delay. P>
4.3 If non-observance of deadlines to force majeure, eg Mobilization, war, rebellion or similar events, eg Strike, lockout or other unforeseen, involuntary events, such as material or energy shortage, does not correct or not timely supplies (in spite of careful selection of suppliers) and was attributed to non-compliance even when due diligence and reasonable use is not prevented, it is the delivery period for the duration of the impediment plus a reasonable start-up period extended. If you have credible proof that such an extension is unreasonable for you, you are entitled to rescind the contract so far right, as this has not yet been fulfilled. Further claims do not exist. P>
4.4 Do we have the non-observance of the deadline in debt, so you can in writing after a reasonable grace period to cancel the contract or - if you demonstrate that you from the delay - demand compensation of not more than 0.5% of the price the lagging product for each full week of delay, but in no case more than 5% of the value of the merchandise total arrears claim. Claims for damages, though whether in contract or law which go beyond, are excluded. Above shall not apply in cases of intent or gross negligence by law mandatory liability. P>
4.5 The customer is obliged, at the request of the supplier within a reasonable time to declare whether because of the delay in delivery of the contract or the delivery. p>
4.6 If dispatch or delivery at the Purchaser's request by more than one month after notice of readiness for shipment is delayed, the Purchaser may be incurred for every month commenced, storage costs of 0.5% of the price of the goods shipped, but the highest total of 5% , are calculated. Evidence of higher or lower storage costs remain parties to the contract. P>
5 Production according to the instructions of the Purchaser b> p>
5.1 For production after Kundenzeichungen, patterns and other instructions from the customer, we assume for the functional performance of the product and for other deficiencies, as circumstances on the customer statements are based, no warranty or liability. p>
5.2 The customer shall indemnify us against all third party claims, because the products are caused by damage to the extent that such customers to drawings, patterns and other instructions from the customer based. This also applies to claims arising from the product. P>
5.3 The customer takes us vs.. the assurance that the production and delivery of goods manufactured his instructions no rights of third parties. The customer is obligated to us by the exercise of the rights resulting damage and cost to replace. P>
6 Transit, transfer of risk b> p>
6.1 Unless otherwise agreed, we select the route and shipping and send the goods to your seat at your expense. We insure the goods at our expense, against the usual risks of transport from house to house. P>
6.2 The risk shall pass to you as soon as the goods the carrier has been transferred or our factory / warehouse has left, or receipt of the notification of the readiness, if the shipment or acceptance is delayed for reasons that we do not represent have. If the shipment, the delivery, the beginning of the implementation of the installation or erection, the taking over in their own operation or test operation from the customer reasons to be delayed or the Purchaser for any other reason will be in default of acceptance, the risk passes to the purchaser . p>
7th Receipt b> p>
The purchaser may
to receive Supplies due to minor defects. p>
8 Defects b> p>
for defects and damage in transit obvious defects (when using our own means of transport including shipping damage), wrong deliveries and quantity discrepancies are to us immediately, but no later than 14 days after receipt of the goods in writing. If we are not our own transport, you have shipping damage immediately to the carrier within the prescribed specific periods in time. P>
9th Retention of title b> p>
9.1 The delivered goods remain up to full payment of all claims arising from the current and future business relationship our property (conditional goods). p>
9.2 You are entitled to sell in the ordinary course of business under the right condition that the claims from the resale, including all ancillary rights amounting to the sum calculated by you to us now assign security. We authorize you revocably the receivables assigned to us for our account in his own name. You may use the conditional goods without our consent, or pledge of security. P>
9.3 In the case of processing the goods for other items, we are a manufacturer, and it is our ownership of the new object in proportion to the value of the goods to the new thing. In this case, keep us free. They sell the next new thing, it shall point. 9.2 for this accordingly. P>
About 9.4
enforcement measures by third parties, you have to inform us immediately and measures to protect our conditional goods cooperate. You bear all costs for the removal of access to a replacement of the item purchased must be used, unless they have a third party can be revoked. P>
9.5 We can change the authorization in accordance with para. 9.2 revoked if your payment obligations are not properly or a worsening of your financial circumstances occurs. In this case, we are also entitled, without exercise of the right and without notice, at your expense, the interim release of the retained goods. P>
9.6 At our request, you are obliged to transfer the call to your customers and notify us with the information and the documentation necessary to enforce our rights against their customers are necessary. p>
9.7 Where the cost of hedging the secured claims by more than 20%, so we give to your request, all further assignments free. You agree to the conditional goods properly stored and at your expense, against the usual risks and to insure the completion of the insurance on request. They meet your insurance claims in the amount of the value of the goods now to us. P>
10 Warranty and Warranty b> p>
10.1
We do guarantee that the goods are free from material and manufacturing defects. Show us within the warranty period any such deficiency, so we are obliged to the lack of our choice within a reasonable period of time free of charge by repair or delivery of a faultless product to fix. If we are unable to do so, then you are entitled to cancel the contract. P>
10.2 In the event of a communication acc. Point. 10.1 We may, at our discretion and at our expense, require that either the defective part or unit to us for repair and subsequently returned to you or the defective part or device, and our service technicians to make repairs at your . p>
10.3 Unless otherwise agreed, the warranty period shall be 12 months from the transfer of risk. p>
10.4
any defects, they have us in writing, without delay and to do everything to prevent the damage is minimized. p>
10.5 We are obliged to remedy the defect only if it is incumbent upon you to meet contractual obligations. In particular, the agreed terms of payment pursuant to afford, with payments only in an amount to hold back may in a reasonable proportion to the defect is. P>
10.6
for defects due to natural wear and tear (especially when wearing parts), and improper handling, we do not guarantee. For defects which are due to you or any third party from improper modifications or repairs are based, we are not liable. P>
For software
10.7 applies in the other: we shall ensure the conformity of the software you licensed with the program specifications, where the software on our respective systems in accordance with our policies has been installed. As software flaws apply only to those defects, which at any time can be reproduced. We commit ourselves to software defects, the use of non-conforming only insignificant harm, at our discretion and depending on the importance of the defect through the installation of an improved version of the software or instructions to remove or bypass the effects of the defect to be corrected. P >
10.8
further claims, however, whether in contract or law, are excluded, in particular claims to compensation for such damages, not to the goods themselves are (damages). This does not apply in cases of intent, gross negligence or the lack of assured properties by law mandatory liability. P>
11 Industrial property rights and copyright b> p>
<11.1. We will contact you for claims arising from infringement of any intellectual property right Austrian or Austrian copyright exempt, unless the design of the delivery item comes from you or you have changed the delivery item or under conditions other than the specified operating conditions used. Prerequisite is that you immediately notify us in writing of such claim and inform us all out defensive measures and regulations concerning leave. The exemption amount is commitment to the foreseeable damage. Under these conditions, we will always have the right to further use of the product provide. If this be commercially reasonable terms is not possible, we are obliged, by their own choice and at our expense so either this product or service should be replaced, that the right is not violated or the goods back to us and paid the purchase price less a age of the product to reimburse the amount taken into account. p>
11.2. The change in the appearance of the product that you or a third party manufacturer could appear, the removal of our trademarks as well as the installation of your trademarks on the goods are not permitted. P>
12th Rights in the software b> p>
At
programs and related documentation, and subsequent additions will be a non-exclusive and non-transferable right to use the internal operation of the goods for which the programs are delivered, acknowledged. A disclosure to third parties without our prior written consent. Apart from a backup copies are not permitted. Source programs, we provide only the basis of separate written agreement is available. P>
13th Impossibility; adaptation> b> p>
13.1. Where the supply is impossible, the Purchaser shall be entitled to claim damages, unless the supplier that the impossibility is not responsible. However limited the claim of the Purchaser to 5% of the value of that part of the delivery, of the impossibility not be put to the can. This restriction does not apply, so far in cases of intent, gross negligence or injury of life, limb or health; a change in the burden of proof to the detriment of the Purchaser is hereby disconnected. The right of the purchaser to rescind the contract remains unaffected. P>
13.2. Where unforeseeable events within the meaning of Article 4.3, the economic significance or content of the delivery or significantly alter the operation of the considerable influence supplier, the contract is in compliance with good faith adapted. Insofar as this is economically not to be represented, the Supplier shall have the right to cancel the contract. Will he exercise its right to cancel, he / she must search for knowledge of the scope of the events immediately notify the purchaser and even if the customer first with an extension of the delivery has been agreed upon. P>
14th Liability and damage claims b> p>
14.1. If the delivery item by our fault due to failure or faulty execution before or after the conclusion of the contract proposals submitted and the deliberations or the violation of other contractual obligations, in particular instructions for operation and maintenance of the delivery item, you are not in accordance with the contract may be used, shall apply to the exclusion of other Claims of the Purchaser the provisions of sections 10, 14.2, 14.3, 14.4 accordingly. p>
14.2. For damages that are not on the item itself, we are liable, for whatever legal reason, only for intent, gross negligence of our bodies or officers, in the case of culpable violation of life, body or health, in the case of defects that we fraudulently concealed or guarantee their absence and in the case of defects of the delivered items, according to the extent that product liability law for personal injury or property damage to privately used objects. p>
14.3. In the case of culpable violation of essential contractual obligations we are liable also for gross negligence and non-managerial employees in the event of slight negligence, in the latter case is limited to contractually typical and foreseeable damages vernüftigerweise. P>
14.4. Upon delivery of software we are liable, our employees and agents for loss or modification of data, the errors caused by program have been submitted only to the extent that even then would be unavoidable if your backup requirement in anwendungsadäquaten intervals, but at least daily, would come after. p>
14.5. Further damages and compensation claims, on whatever legal grounds, in particular because of the breach of obligations from the debt or tort, are excluded. P>
14.6. Where the Purchaser pursuant to this point. 14 Claim for damages, shall be barred upon expiration of the applicable limitation periods defect in accordance with para. 10. For claims under the Product Liability Act and under § 823 BGB, the statutory limitation provisions. P>
15th Place of performance, data storage and Jurisdiction b> p>
15.1. We point out that we may also have worked with us in the group of affiliated companies will store personal data with our business relationship related to you. P>
15.2. Jurisdiction is at our discretion Vienna. P>
15.3. For the legal relations in connection with this contract shall be governed by Austrian substantive law. P>
16th Obligation of the contract b> p>
The contract remains in legal ineffectiveness of individual provisions in its other parts authentic. This does not apply if adherence to the Treaty is a reasonable hardship for one party. Invalid provisions are valid through such schemes to replace the economic purpose of the contract come closest.