General Terms and Conditions

SCOPE OF APPLICABILITY
Our terms and conditions are an integral part of the contract for all deliveries and services. By placing an order and accepting our order confirmation, these are deemed to be expressly recognized by the customer. Deviating agreements shall only be valid if they are confirmed by us in writing.

QUOTATION, PRICES
Quotations are subject to change, dimensions and weights are non-binding. In the absence of a special agreement, prices are ex warehouse Stetten or Sped. warehouse Vienna, unpacked, excl. VAT and are calculated on the basis of the cost situation valid at the time of the offer, which we reserve the right to adjust appropriately in the event of changes.

PAYMENT
Our invoices are payable within 14 days with a 2% discount or within 30 days net cash, in each case after dispatch or notification of readiness for delivery. Bills of exchange and checks shall only be accepted on account of payment and by special agreement; all charges shall be borne by the customer. Bills of exchange and checks shall only be considered as payment after they have been honored. The customer shall only be entitled to withhold payments or offset them against counterclaims if the counterclaim has been legally established or is undisputed.

DELIVERY TIME
The delivery period shall commence on the date of the order confirmation and shall be deemed to have been met if the delivery item has left our warehouse or has been reported ready for dispatch by the time it expires; it shall be extended appropriately in the event of unforeseen obstacles beyond our control or in the event of delays on the part of our suppliers. Claims for damages by the customer in all cases of delayed delivery, as well as other claims based on any title whatsoever, are excluded.

SHIPPING, TRANSFER OF RISK
The risk shall pass to the customer upon notification of readiness for shipment, but at the latest upon dispatch of the goods from the agreed place of delivery. This shall also apply to partial deliveries as agreed and also if carriage paid delivery has been agreed as an exception. Insurance cover against transportation risks shall only be taken out by us in the event of a special agreement and at the expense of the customer.

RETENTION OF TITLE
Until full payment of the purchase price or until full redemption of the bills of exchange, checks or other means of payment provided for this purpose, the goods shall remain our property and may neither be pledged nor transferred by way of security. The customer undertakes to assert our right of ownership in the event of seizure, further processing and other claims and to notify us of this immediately, including the opening of insolvency proceedings. In the event of the assertion of reserved ownership, authorization is granted to dismantle and secure the goods in question, irrespective of their possible installation in systems.

LIABILITY FOR DEFECTS IN DELIVERY
We shall be liable for defects in the delivered goods, including the absence of warranted characteristics, in accordance with the following provisions and if we are notified of the defects immediately. No warranty is assumed for damage caused by unsuitable or improper operation or maintenance, excessive use or unsuitable operating materials, nor for damage over whose causes we have no influence. Our liability for defects relates exclusively to the rectification of the defect for which we are responsible and excludes further claims by the customer in respect of consequential damage, removal and reinstallation costs, compensation for downtime
and other claims. It is at our discretion to repair or completely replace defective parts, but this does not result in an extension of the original warranty period. In general, we shall only be liable for defects in delivery within the scope of the provisions laid down in the terms of delivery of our contractual partners or suppliers. In this respect, the assignment of the liability claims to which we are entitled against the supplier of the respective product shall suffice to satisfy any claims asserted against us.

VALIDITY OF THE TERMS AND CONDITIONS
Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.

CANCELLATION AND RETURNS
Cancellations and returns for which we are not responsible will only be accepted by us if they have been agreed with us in advance. The costs incurred by us as a result will be charged and, if no individual proof is possible, a minimum rate of 15% will be charged. Used devices are generally excluded from return.

PLACE OF PERFORMANCE, JURISDICTION
The place of performance for delivery and payment is 2100 Stetten; the place of jurisdiction for all legal disputes arising from the contractual relationship is 2100 Korneuburg.

GUARANTEE
According to the trade association, 12 months, or by special agreement depending on the order.

Terms and conditions version of January 1, 2009

AGB as pdf