Terms & Conditions
1. PREAMBLE
1.1 These General Terms of Delivery apply to the extent that the Contracting Parties do not expressly and in writing
Agreed otherwise.
1.2 The following provisions regarding the delivery of goods also apply mutatis mutandis to services.
1.3 For assembly work, the assembly conditions of the Specialist Association of the Machines and Machines shall also apply
Steel construction industry in Austria as amended.
2. CONTRACT OF CONTRACT
2.1 The contract shall be deemed to be concluded if either the seller has received an order confirmation within 10 days
and the buyer is not contradicted within a further 10 days by the buyer
or if the goods are delivered immediately after receipt of the order to the buyer. In the latter case,
the invoice as an order confirmation.
2.2 Changes and additions to the contract require the written confirmation of the
Seller. Purchasing conditions of the buyer are only binding for the seller if these are fulfilled by the customer
Seller separately.
2.3 If import and / or export licenses or foreign exchange permits or similar authorizations for the
Execution of the contract are required, the party responsible for the procurement shall be all
reasonable efforts to grant the necessary licenses or permits in time
receive.
2.4 A withdrawal from the purchase contract entitles the seller to the order processing for the order processing
In full, but at least 10% of the order sum as a cancellation fee.
3. PLANS AND DOCUMENTS
3.1 Those contained in catalogs, brochures, circulars, advertisements, illustrations and price lists
Information on weight, size, capacity, price, performance, are only relevant if the
Quotation and / or confirmation of order is expressly referred to.
3.2 Plans, sketches, cost estimates and other technical documents, which also form part of the offer
can remain as well as samples, catalogs, brochures, illustrations, always intellectual property
of the seller. Any reproduction, reproduction, reproduction, distribution and distribution to third parties,
Publication and presentation may only be carried out with the express consent of the owner.
4. PACKING
4.1 The prices shown are inclusive of standard packaging, unless otherwise stated
was agreed. Spare parts will be invoiced separately.
4.2 A contractual element (within the meaning of the discounts granted) is that the disposal of the
Packing material expertized by the reseller (dealer or heating engineer of
Guntamatic) has to be carried out. That the packaging is to be taken on delivery and professionally qualified
to be disposed of.
5. HAZARDS
5.1 Unless otherwise agreed, the goods are sold ex works (EXW) (ready for collection).
5.2 In all other respects INCOTERMS shall be valid as of the date of the contract.
5.3 For goods which are unloaded at the expense of non - factory vehicles, free of charge, at the expense of the
Seller, the risk is transferred from the seller to the buyer ex works.
For goods which are unloaded at the expense of the factory, free of charge at the construction site
Seller, the risk transfer from the seller to the buyer is made
at this point in time.
6. DELIVERY TIME
6.1 Unless otherwise agreed, the delivery period begins with the latest of the following
Dates:
a) the date of the order confirmation;
b) Date of fulfillment of all technical,
commercial and financial requirements;
c) the date on which the seller receives a deposit to be paid before delivery of the goods and / or
a payment security to be drawn up or other is opened.
6.2 The seller is entitled to carry out partial and preliminary deliveries.
6.3 If the delivery is delayed by a circumstance which has occurred on the part of the vendor,
Is a reasonable extension of the delivery period
granted.
6.4 If the seller has caused a delay in delivery, the buyer can demand fulfillment
or declare the rescission of the contract by setting a reasonable deadline.
6.5 If the intended extension of time was not used by fault of the seller, the buyer can
by a written communication from the contract.
6.6 If the buyer does not accept the goods delivered in accordance with the contract at the contractually agreed place or at the place of delivery
contractually agreed upon date and the delay is not due to an act or
Omission of the seller, the seller may either demand fulfillment or on
payment of an appropriate redemption or cancellation fee. It expressly applies
as agreed that such an amount is permissible up to the extent of 50% of the value of the goods.
7. COMMISSIONING AND ACCOUNTING BY THE SELLER
7.1 By commissioning a device delivered by the seller by the seller himself or
a company authorized by it, the scope of the
Seller 's warranty obligations vis - à - vis the buyer, as in the case of the seller
Goods delivery alone.
7.2 If the Purchaser wants an acceptance test, this is expressly attached to the Seller
In writing. Unless otherwise specified
, the acceptance test shall be carried out at the place of production or at the seller's premises
place during the normal working hours of the seller. The
the acceptance test general practice of the industry concerned. The seller
must notify the purchaser in good time of the acceptance test, so that the latter is in the examination
or be represented by an authorized representative. If the
Delivery item in the acceptance test as contrary to the contract, the seller immediately has any
Deficiency and to establish the contractual condition of the delivery item. Of the
Purchasers may require a repeat of the examination only in cases of material defects. In connection to
an acceptance test shall be drawn up for acceptance test. Has the acceptance test the contractual conventions
Design and proper functioning of the delivery item,
to confirm this in any case by both contracting parties. Is the buyer or his authorized representative
Representatives in the acceptance test not present despite timely communication by the seller,
the acceptance report shall only be signed by the seller. The seller has the buyer in
in each case, a copy of the acceptance report, the correctness of which the purchaser will then
can no longer dispute if he or his authorized representative of this lack of presence
could not sign. Unless otherwise agreed, the Seller shall bear the costs of the delivery
carried out inspection. The buyer has, however, in any case those authorized to him or his
Costs incurred by the representative in connection with the acceptance test, e.g. Travel, living expenses
and expenses.
8. PRICE
8.1 Unless otherwise agreed, the prices shall be ex works without the loading of the seller.
8.2 The prices are based on the costs at the time of the prices, unless otherwise agreed
has been. Should the costs change until the time of delivery, these changes will be made
in favor or at the expense of the buyer.
8.3 The discount discount granted shall only be applied subject to the condition that the
agreed payment periods.
9. PAYMENT
9.1 Payments shall be made according to the agreed terms of payment.
9.2 The Purchaser shall not be entitled to make payments on account of warranty claims or other claims made by
Seller not recognized counterclaims.
9.3. In case of unsatisfactory information about the creditworthiness of the buyer or if the buyer is satisfied with the fulfillment
other liabilities are in arrears with the seller, the seller is entitled to the
Continuation of an ongoing longer - term supply at his option from an advance payment or
Safety performance or the contract, while maintaining its claims
withdraw.
9.4 Insofar as there is no basis for relief within the meaning of Article 14 on the part of the purchaser,
Payments is in arrears against the seller, the latter is entitled to interest on arrears in the amount
of 5% above the respective base rate of the European Central Bank.
The dunning and operating costs must be replaced by the purchaser.
10. PROPERTY RETENTION
10.1 The delivery item shall remain until full payment, including that of the services provided,
Property of seller. The retention of title does not affect the agreements on the
Transfer of risk.
10.2 In the case of the sale of the goods by the buyer, the latter already undertakes all of them
to assign the seller to the Seller with the retention of title;
to notify its contracting partner of this matter unequivocally.
11. WARRANTY
11.1 The seller is obliged to remedy any deficiencies affecting usability,
which is based on a defect in the design, the material or the execution. Likewise, the
Seller for deficiencies in expressly stipulated characteristics.
11.2 This obligation exists only for such deficiencies, which occur during a period of two years
Delivery. Natural wear and tear excludes material defects. Prerequisite for the
Seller's liability for defects is the proper installation according to the instructions
of the seller and in compliance with the relevant standards and commissioning
by an authorized specialist company. For damage caused by failure to comply with our installation and installation instructions
Assembly instructions or the existing DIN regulations, by incorrect handling,
Operation or maintenance, or by using inadequate components or firing materials
we assume no liability. For parts which, as a result of their material nature or their
Use as premature as sensors and probes, seals, light bulbs,
Combustion chamber fittings, firemaker linings, grates, no liability is assumed.
11.3 Defects must be notified to the Purchaser immediately upon any exclusion of any legal claim
within three working days (after discovery of the defect) in writing.
11.4 The seller must be given the opportunity to check the notified defect and to use it as a
to recognize them. The Seller decides whether to correct the defect itself or by a defect
authorized third parties. He decides further
a) repair the defective goods on the spot;
b) the defective goods or the defective parts for the purpose of reworking
return or
c) replace the defective parts; or
d) replace the defective product.
11.5 The warranty period only begins with the repair or replacement delivery
repaired, replaced parts again.
11.6 The Seller shall be responsible for the costs of a defect rectification carried out by the Purchaser himself
only if he has previously given his written consent.
11.7 The warranty obligation applies only to deficiencies which have been observed in compliance with the intended
Operating conditions and in normal use. In particular, it shall not apply to defects,
which are based on: bad listing by the buyer or his agent, worse
Maintenance, poor repairs carried out without the written consent of the Seller
or changes by a person other than the seller or its agents, more normal
Wear.
11.8 The buyer waives his right to return or change the delivered goods,
Seller or a company authorized by him is intensively endeavored to sustain the defect
even if a defect has already occurred repeatedly. The right to return or
to the change arises only, if the seller announces in writing does not eliminate the defect
to be able to.
11.9 A voluntary or regionally required warranty period beyond 2 years,
in any case, an annual maintenance by a service technician of the Seller or a
specifically authorized company as well as the strict compliance and written documentation of the
in the operating instructions.
12. LIABILITY
12.1 The seller does not provide the buyer with any damages for injuries of persons, for damages
goods which are not the object of the contract, or for other damages, if not crude
Negligence.
12.2 The object of purchase provides only the security which, on the basis of licensing regulations,
Assembly and operating instructions, instructions of the seller concerning the treatment of the
Object of purchase, in particular with regard to any checks which may be required
other given guidance.
12.3 All claims for damages must be submitted within six months after expiry of the contract
the warranty period, otherwise the claims
go out.
13. CONSEQUENTIAL DAMAGES
13.1 The liability of the Seller against the Buyer for any kind of economic damage is
locked out.
14. DISCHARGE OF USE
14.1 The parties are exempted from full or partial termination of the contract in due time if:
may be prevented by events of force majeure
14.2 However, the purchaser, who is handicapped by an event of force majeure, can only rely on the existence
Of force majeure if he has informed the seller immediately, but at the latest within
5 calendar days, beginning and foreseeable end of the disability a registered, by the
governmental authority or the Chamber of Commerce of the delivery country
the cause, the expected impact and duration of the delay.
15. DATA PROTECTION
15.1 The seller is entitled to provide data of the buyer pursuant to § 15 para. Federal Data Protection Act within the framework of the
Business transaction.
16. COURT OF JUSTICE, APPLICABLE LAW, PLACE OF PERFORMANCE
16.1 The court of jurisdiction for all disputes arising out of the contract is that for the registered office of the seller
competent Austrian court.
16.2 The parties may also agree on the jurisdiction of an arbitral tribunal.
16.3 The contract is subject to Austrian law with the exclusion of the UN purchase law.
16.4 For delivery and payment, the place of performance shall be the place of business of the seller, even if the transfer
agreed in another place.