General terms and conditions with customer information
I.1) The following terms and conditions shall apply to all – also future – deliveries, even if they are not explicitly mentioned in oral or telephonic negotiations.
I.2) The Buyer’s terms and conditions of purchase shall not be valid, even if we do not expressly object to them. Our general terms and conditions of sale and delivery shall be deemed accepted at the latest upon receipt of our goods.
I.3) Declarations by and towards representatives and travelers shall only become valid upon our written confirmation. The same shall apply to verbal subsidiary agreements and subsequent amendments to the contract as well as to deviations from these terms and conditions.
I.4) The provisions regulated in these General Terms and Conditions are addressed to both entrepreneurs and consumers within the meaning of the KSchG. If, due to a mandatory legal restriction under the KSchG or another mandatory consumer protection law
If a limitation or restriction of the Buyer’s rights is not legally possible, this provision shall be interpreted to mean the legally extreme degree of limitation or restriction permitted by law.
II.1) Our offers are subject to change and non-binding.
II.2) Illustrations, drawings, dimensions, weights and technical documents in catalogs, printed materials and our Internet presence are approximate values customary in the industry. We reserve the right to make technical and design changes even after conclusion of the contract.
II.3) Cost estimates, drawings and other documents remain our property and are subject to our copyright; they may not be made accessible to third parties without our consent.
III.1) If no other written agreement has been made, the prices valid at the time of delivery shall be charged on the day of delivery. Only prices expressly offered in writing as binding
are valid, otherwise prices and discounts are subject to change.
III.2) Unless otherwise agreed by mutual consent, our prices shall be understood as free domicile from a net invoice goods value of € 400.00 without unloading and carrying, below a net invoice goods value of € 400.00 ex works Leonding without packaging and without loading.
III.3) Freight-free prices are valid on condition of the cheapest route and open unhindered traffic on the relevant railroads, motorways and waterways. Express deliveries requested by the customer or deliveries that do not meet the requirements of the cheapest route
as well as incorrect freight are to be borne by the purchaser. Delivery vehicles must be able to approach the unloading point unimpeded and without waiting and be emptied without delay.
III.4) For deliveries below a net goods value of € 50.00, we charge a shortage surcharge of € 5.00 per delivery.
IV. Delivery and shipment
IV.1) Delivery dates confirmed by us are expressly not fixed dates within the meaning of the ABGB and are subject to unforeseen obstacles beyond our control, e.g.
Operational disruption, fire, delay in delivery of essential raw and auxiliary materials or similar catastrophes.
IV.2) Compliance with the delivery deadlines also requires that the Buyer has fulfilled its payment obligations in accordance with our condition. Events of force majeure shall entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up period, or, insofar as the contract has not yet been fulfilled, to withdraw from the contract in whole or in part. Strikes, lockouts or other circumstances that make delivery significantly more difficult or impossible for us shall be deemed equivalent to force majeure.
IV.3) In the event that we exceed the delivery dates, the Buyer shall only be entitled to set a reasonable grace period of 14 days after one month from this date.
IV.4) The Buyer shall only be entitled to withdraw from the contract if we fail to meet our delivery obligation within this grace period. Any compensation for damages in connection with exceeding delivery dates shall be excluded unless we are guilty of gross negligence or intent.
have to answer for.
If the ordered goods are not accepted after notification of readiness for shipment, we are entitled to demand payment. In the event of a delay in acceptance of more than 30 days, we shall be entitled to charge the usual storage fees.
IV.5) We shall endeavor to bring an order to shipment in a closed manner. However, we shall be entitled to make partial deliveries, each partial delivery being deemed an independent transaction.
IV.6) In case of acceptance and reconfirmation of an order, we are entitled to withdraw from the order for a maximum period of 60 days without giving reasons. In the event of such a withdrawal, the
Buyer shall not be entitled to assert claims of any kind whatsoever and on any legal grounds whatsoever against us.
V. Terms of payment
V.1) Unless separate written agreements have been made, the payment modalities and payment dates stated in our invoices shall be deemed binding. The obligation to pay arises irrespective of the receipt of the goods and without prejudice to the right to notify defects. The invoice amounts are due within 14 days with 3% discount or within 30 days net.
V.2) Commercial securities shall only be accepted on account of payment; all bank charges incurred in this connection shall be borne by the Purchaser (customer, buyer). In the event of late payment, 10% (ten percent) interest on arrears per annum shall be deemed to have been agreed. For reminders in case of default, all expenses, for which we charge € 4.00 per reminder, and also collection expenses, are to be reimbursed.
V.3) If payment terms are not met or if there are doubts about the creditworthiness, all claims shall become due immediately. We shall be entitled to deliver further deliveries only against advance payment or to withdraw from the contract even if a grace period for the advance payment is set and to claim damages for non-performance.
V.4) The retention of due counterclaims of the Purchaser is not permitted, nor is the set-off of counterclaims of any kind. Payments on account shall first be set off against interest and liabilities that have fallen due earlier, irrespective of any dedication to the contrary.
V.5) Payments to our employees or co-workers shall only have discharging effect if they can present a power of attorney for collection.
VI. retention of title
VI.1) All goods delivered by us are delivered subject to reservation of title (reserved goods).
These shall remain our property until full payment of the invoice to which they relate and also of any other outstanding claims. In the event of resale, the buyer is obliged to transfer or extend our retention of title to his buyer before payment of the purchase price to us in the event of other compensation for damages
VI.2) The Buyer may only sell our goods in the ordinary course of business and as long as he is not in default. The purchaser is entitled and authorized to resell the reserved goods only with the measure that the purchase price claim from the resale in accordance with. shall pass to us in accordance with the following provisions of this clause. He is not authorized to dispose of the reserved goods in any other way. The buyer’s claims arising from the resale of the goods subject to retention of title are already now assigned to us. The assigned claim shall serve as security in the amount of the value of the respective goods sold subject to retention of title as well as the respective balance claim. If the goods subject to retention of title are sold by the buyer together with other goods not belonging to us, the assignment of the purchase price claim shall only apply in the amount of
of the value of the goods subject to retention of title, which together with these goods are the subject of the purchase contract or part of the object of purchase.
VI.3) If the goods subject to retention of title are used by the Buyer to fulfill a contract for work and services or a contract for work and materials, the claim arising from the contract for work and services or the contract for work and materials shall be assigned to us to the same extent as is determined for the purchase price claim.
VI.4) However, as long as the Buyer meets its payment obligations, it shall be authorized to collect the claims assigned to us from the resale. At our request, he is obliged,
to inform his customers of the assignment to us and to hand over to us the information and documents required for collection.
VI.5) The Buyer must notify us immediately of any seizure or other impairment by third parties. He shall be obliged to bear the costs of measures taken to remedy such interference, in particular the costs of intervention proceedings, unless the other party has
can be collected.
VII.1) Decisive for the existence of a defect and our warranty obligation is the condition of the goods when leaving our factory.
VII.2) Exclusively in the case of LIMODOR deaeration units, we provide warranty for defects in the goods for a period of 5 years from acceptance, for all other accessories (e.g. after-run relays, filter trays, Limax, AirVital,
AirOdor. AirOnova, etc.), we provide a warranty for defects in the goods for a period of 2 years from the date of acceptance. However, our warranty obligation is subject to the condition that the purchaser notifies us in writing of any defects within 8 days of their possible discovery, subject to the most careful inspection, otherwise the warranty claims will be forfeited.
VII.3) Our warranty obligation extends only to those parts that have demonstrably become defective as a result of material or manufacturing defects and is limited to replacement or repair and, at our option, may also compensate for the reduced value.
VII.4) The Buyer shall give us the opportunity to remedy the defect within a reasonable period of time. In the other case we are released from our warranty obligation. Apart from replacement or repair of the defective parts of the goods, we shall not be liable for any costs incurred in remedying the defect; in particular, we shall not be liable for any costs of replacement and freight.
VII.5) For those parts of the goods which we have obtained from sub-suppliers, we shall only have to provide warranty to the extent that the sub-supplier has obliged us to do so.
VII.6) Our warranty obligation shall expire if the Buyer or third parties make changes or repairs to the goods without our consent.
VII.7) In no case shall notices of defects entitle to withhold the purchase price or even a part thereof. The purchaser shall also not be entitled to assert its own claims for damages or other claims against
our delivery claims, unless these have been expressly recognized by us or have been established by a court of law.
VII.8) As long as the purchaser does not fulfill his contractual payment obligation, we are entitled to refuse the fulfillment of a warranty obligation. Our obligation to pay damages in connection with defects shall be deemed excluded to the extent permitted by law; this shall only not apply if we can be accused of gross negligence or intent.
VIII Product Liability and Compensation
VIII.1) The Purchaser undertakes to strictly observe the operating instructions and operating manuals handed over to it or enclosed with the goods and, in the event of resale, to inform its customers that these operating instructions and operating manuals must be strictly observed.
VIII.2) The purchaser is aware that in the event of non-observance or contravention of these operating instructions and notes, our liability under the Product Liability Act shall lapse.
VIII.3) In total, our liability for claims for damages of whatever kind (be they tortious or contractual), is limited to the amount of the respective sum insured under our liability insurance for the respective claims. The sum insured currently amounts to € 5 million for claims arising from general business liability insurance and € 100,000 for claims arising from product liability insurance.
VIII.4) It is agreed between the contracting parties that in the event that claims for damages are asserted against us, both in the case of contractual and tortious claims, the Buyer shall bear the burden of proof for the occurrence of the damage, the amount of the damage, the causality of the event for the
damage, illegality and for fault.
IX. Material take-back
IX.1) Goods delivered in accordance with the order will generally not be taken back by us. If we nevertheless decide to take back goods, a fee of € 10.00 per item will be retained for processing. All expenses incurred for us for freight, transport damage, etc. will also be deducted. Goods with a net value of less than € 10.00 will not be taken back or credited upon return.
X. Order process and conclusion of contract
X.1) The Customer may select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart via the SHOPPING CART button. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart by clicking on the button CONTINUE TO CHECKOUT.
X.2) By clicking on the button ORDER FOR PAYMENT, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
X.3) The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice. Acceptance may further be made by a request for payment sent by the Seller to the Customer and at the latest by the completion of the payment transaction. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
X.4) In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of two.
X.5) Should the Seller enable payment in advance, the contract shall be concluded upon provision of the bank data and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.
XI. Customer account
XI.1) The Seller shall provide the Customers with a Customer Account. Within the customer account, customers are provided with information about the orders and their customer data stored with the seller. The information stored in the customer account is not public.
XI.2) In order to place an order, customers must create a customer account. Customers can also place an order as a guest without having to create a customer account.
XI.3) Customers are obliged to provide truthful information in the customer account and to adjust the information to changes in the actual circumstances, if this is necessary (e.g. the changed e-mail address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
XI.4) The Customer Account may only be used in accordance with the applicable statutory provisions, in particular the provisions on the protection of third party rights, and in accordance with the Seller’s GTC by means of the access masks and other technical access options provided by the Seller. Any other kind of use, especially by external software, such as bots or crawlers, is prohibited.
XI.5) Insofar as customers store, specify or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the content of the customers. However, the Seller reserves the right to take appropriate measures depending on the degree of risk of infringement emanating from the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity as well as reasonableness and the interests of all parties involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanations, warnings and warning notices as well as house bans.
XI.6) Customers may terminate the customer account at any time. The seller may terminate the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for extraordinary reasons.
XI.7) From the time of termination, the Customer Account and the information stored in the Customer Account shall no longer be available to the Customer. It is the customer’s responsibility to back up their data when terminating the customer’s account.
XII Other provisions
XII.1) If any provisions of this Agreement are or become invalid due to changes in the law, the validity of the other provisions shall not be affected thereby and invalid provisions shall be interpreted in such a way that the same objective is preserved.
XII.2) If the provisions of the Consumer Protection Act KSchG BGBL 140/1979 are to be applied to the business case, only its mandatory standards shall apply in addition to these provisions. Pursuant to Article 6 of the United Nations Convention on Contracts for the International Sale of Goods (BGBL 96/1988), the applicability of this Convention (UN Sales Convention) as amended is expressly excluded.
XII.3) In connection with deliveries to construction companies or companies of the ancillary construction trade, an agreement of the construction contract standard ÖNORM B2110 is expressly excluded.
XII.4) Linz shall be deemed the place of performance of all liabilities and payments. Commercial securities which have been accepted on account of payment shall therefore also be made payable in Linz.
XII.5) For all legal disputes, the exclusive jurisdiction of the court having subject-matter jurisdiction for 4061 Pasching as well as the domestic Austrian jurisdiction are agreed. Austrian law shall apply.