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Terms and conditions

1. Conclusion & Signing
 
1.1 Our offers are subject to acceptance. Legal commitment first commences on our part upon conclusion of the contract. This occurs when we receive the confirmation of order appropriately countersigned by the customer or, at the very latest, on acceptance by the customer of the delivery of goods/realisation of services. Statements, consultations, information and verbal agreements of any kind first become binding with a written confirmation. Request for differing terms of business on the customers part are only valid once these have been specifically confirmed by us in writing.
 
1.2 Our general terms of business are valid for regular and/or any consequent business transactions between our company and the customer regardless of whether they have been referred to in each individual case.
 
1.3 In case of discrepancies the following order applies:
a) our written confirmation of order (Auftragsbestätigung)
b) special terms of business agreed upon for the delivery/realisation of services in question
c) our General Terms of Business
 
The nullity of particular elements of the contract does not affect the validity of the rest.
 
 
2. Pricing, Payment & Security
 
2.1 All prices are net, without packaging ex-works. VAT rates valid at the time of delivery will be additionally calculated.
 
2.2 For orders of less than €20,- (net value), a “small order fee” of €10,- will be charged.
 
2.3 Should cost factors which decisively affect our prising have risen by the date of delivery/realisation of services, we reserve the right to adjust prices accordingly.
 
2.4 The total invoice amount, without any deductions, should be paid immediately after delivery/realisation of services and no later than 30 days after the invoice date at the very latest. Invoices are considered paid only then when the total sum has been credited to our business account. Payments will initially be used to cover unsecured receivables.
 
2.5 Foreign exchange and cheques can only be accepted as means of payment when specifically agreed upon. Value of the payment will be accepted and calculated according to its value on the day of its disposal to our company. We reserve the right to return non-bankable charges and to demand cash payment. Any bank charges or fees occurred as a result of foreign currency transfers or cheque payments must be paid for by the customer.
 
2.6 In the case of delay or default of payment, interest and commission will be charged according to the respective short-term loan bank rates, at a minimum rate however, of 5% above the Austrian National Bank’s discount or bank rate valid at that time. In addition to the default interest, the customer is obliged to reimburse any appropriate default and collection expenses necessary for prosecution.
 
2.7 The customer is not entitled to the right to withhold payment; claims to our company are only permissible when counterclaims, which must be immediately submitted in writing, have been accepted by us.
 
2.8 If a customer does default in paying, violates the contractual agreement or if circumstances become known to us that would give us reason to doubt the creditworthiness of the customer, we are entitled to demand sufficient personal or real security of our choice for any outstanding debts and/or to make all outstanding debts immediately payable, regardless of repayment period of expected payments.
 
 
3. Measurements and Documents
 
3.1 General technical specifications (e.g. measurements, loads and weights in brochures and material description excerpts) are, in the case of uncertainty, to be considered as a guideline only.
 
3.2 We reserve ownership of all technical documents drawn-up by us e.g. plans and technical calculations. The documents can only be used for the contractually agreed purpose. Upon request they must be returned.
 
3.3 We can take no responsibility for the correctness of deliveries ordered using plans and technical specifications provided by the customer, nor will we carry out any checks or tests with regard to existing patents or patented designs. The responsibility in this case lies with the customer.
 
3.4 Technical consultation by our employees is limited to the proven applications in our technical manuals. We are not liable for consultation exceeding these limitations provided these have not been specifically confirmed in writing by us.
 
3.5 We reserve the right to make construction changes as long as these do not impede prerequisite functioning.
 
 
4. Packaging, Corrosion Protection, Dispatch and Transition of Risk
 
4.1 Packaging requested by the customer or deemed necessary by us will be charged to the customer at cost price.
 
Packaging will not be taken back.
 
4.2 Materials will not be delivered with additional corrosion protection above and beyond the agreed surface protection packaging.
 
4.3 We are entitled to make part deliveries. Goods notified as “ready for dispatch” must be retrieved immediately, otherwise we are entitled to store the goods as we see fit at the customer’s cost and risk and to consider them as delivered and invoice accordingly.
 
4.4 When the goods are surrendered to the forwarding agent or freight carrier, no later than when they have left our plant, all risk goes over to the customer. This applies to post-paid and carriage-paid consignments. Choice of means of transport and route of transport is left to us under the exclusion of all liability on our part. We are not obliged to provide transport insurance unless specifically requested by the customer. All costs are borne by the customer.
 
 
5. Terms of Delivery, Delivery Dates, Delivery Delays
 
5.1 The delivery/realisation of services deadlines and dates should be considered as a guide and only apply on the condition that; all contractual details are clear and are explicitly confirmed on time, that all necessary official documents for domestic or foreign attestations are duly submitted and that the agreed payment is made on time. Further more, the terms and target dates only apply in the case of a complete fulfilment of contract by the customer. The agreed delivery targets dates and terms refer to the point of despatch from the works or warehouse.
 
5.2 They are considered met with the “ready for dispatch” notification when the goods, through no fault of our own, cannot be dispatched on time.
 
5.3 If we are prevented from fulfilling our commitments due to acts of nature beyond our control or by unpredictable occurrences that, despite reasonable care on our companies part, could not be avoided (these include strikes, lock outs and delayed deliveries from suppliers), deadlines are extended according to the duration of the encumbrance including an appropriate re-starting period. If the delivery/realisation of services becomes unreasonable or impossible for us to uphold, we are entitled to withdraw from the contract.
 
5.4 In accordance with point 5.3, the customer is not entitled to damage claims, including the case of a withdrawal from the contract.
 
 
6. Guarantee
 
6.1 In accordance with §377 HGB, notification of defects should be made in writing immediately, within four days of delivery/realisation of services at the latest. The notification of defects does not entitle the customer to withhold payment.
 
6.2 Faulty delivery/realisation of services will be corrected or reclaimed and justly replaced at our discretion. Alternatively, we can credit the appropriate reduced value to the customer.
 
6.3 Guarantees on our part are unconditionally null and void when:
 
a) the customer or a third party has treated, adapted or worked on the items or goods delivered by us in an improper or inappropriate manner.
 
b) defects occur due to climatic influences because of inappropriate storage.
 
c) defects occur due to non-observance of our technical instructions for the use and treatment of the items delivered by us.
 
d) our supplier takes over the guarantee directly with the client
 
6.4 The customer’s rights to warranty claims lapse after 6 months, calculated from the day of completion
 
6.5 Possible claims for damages are to be brought to bear according to the stipulations listed in point 9.1. The customer has no right of retention.
 
 
7. Fitting Work, Compilation of Technical manuals
 
The undertaking of fitting work, the drawing up of plans or technical calculation work always require an explicit written agreement; in absence of this, the actual assistance offered by us in individual cases can vary, this does not however affect the sole responsibility of the customer.
 
 
8. Retention of ownership
 
8.1 All items delivered by us remain our property until all our current and future demands have been met by the customer, regardless of the legal arguments to which they refer.
 
8.2 Seizure or transfer by way of security to a third party without our specific consent is forbidden. In the case of seizure by a third party the buyer is obliged to notify the seller immediately. Work carried out occurs without any obligations for the buyer.
 
8.3. Right of detention by the customer cannot be exercised over our restitution entitlement. The customer now gives his irrevocable consent to allow persons commissioned by us to enter the site on which objects that were delivered by us are located at any time and to allow the already mentioned objects to be dismounted and removed from the site. The customer formally surrenders his right to bring any trespassing suits against us. The customer must pay the costs of restitution or recovery to the point where the objects have been returned to our warehouse.
 
8.4 Work on and with the commissioned goods is carried out according to §414/415 ABGB without obligation on our part.
 
8.5 Should the customer work on the commissioned products to convert or connect these with other products or components not belonging to us, then we are entitled to joint ownership rights of the new components proportional to the invoice value of the commissioned goods and the invoice value of the new components including the expense of the conversion work at the point in time that this work (conversion, connection) takes place.
 
The hereafter-applicable joint ownership rights entitle us to consider these as commissioned goods, congruous with these conditions. It is the customer's duty to provide appropriate storage for goods of our ownership or joint ownership and to insure them against theft, fire and miscellaneous tangible damages at his own cost.
 
He is only permitted to have access to these goods within the scope of his usual course of business and in particular, is only then allowed to sell the goods when he reserves ownership even with respect to his buyer and imposes the commitments contained in part 8 upon them in writing.
 
In the case of claims by the customer as a result of a resale, ownership of the sales revenue (up to the effective purchase price) is not to be passed over to the commissioning buyer. In this case the commissioning buyer should deposit the revenue amount separately and pay the seller immediately. The customer is obliged to notify us of a resale with identification of the purchaser forthwith.
 
8.6 In the case of a provisory ownership any payment that has thitherto been made by the customer should be considered as a value reduction as hereby agreed upon. A refund of any rendered payment does therefore not occur. Furthermore compensation claims on our part remain intact.
 
8.7 We must immediately be notified of any access to items under our (part) ownership by a third party – especially in the case of repossession – and of any subsequent damage.
 
8.8 The customer is obliged to compensate our company for any expenses incurred by lawyers fees (including extrajudicial fees) due to violation or as a result of access by a third party.
 
 
9. Liability
 
9.1 We accept total liability for damage that occurs in connection with the execution of contractually defined work and services only then when they are immediately reported to us and when gross negligence can be proved and to the extent that is covered by our liability insurance. On request, we will disclose current limits of indemnity.
 
9.2 Our liability is restricted to the customer’s claims that are specifically foreseen in the individual contracts and/or these General Terms of Contract. All further claims on the customers part, for compensation for consequential damage and/or indirect damages are, regardless of the legal arguments, impossible. In particular, we cannot be held responsible for consultancy.
 
 
10. Place of Execution, Jurisdiction, Applicable Law, Publication Rights
 
10.1 Place of execution is the registered office of our company.
 
10.2 Sole jurisdiction is Strobl/Austria
 
10.3 Only Austrian Law is applicable and is to be used.
 
10.4 We are entitled to use items and products delivered by us and in particular the whole building or property for advertising purposes without having to request separate permission from the customer.
 
Strobl, 12.7.2006

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