1. Our offers are subject to change. A contract is only considered concluded once we have sent a confirmation of commission in written form.
2. Cost estimates are calculated to the best of professional knowledge, however no guarantee can be given for their accuracy. If a cost increase occurs after the assignment of commission, we will immediately inform the contract partner of this circumstance.
3. All of our prices are exclusive of VAT unless explicitly stated otherwise. Legal VAT is added to these prices in the invoice.
If the invoice is not contested in written form within two weeks, it will be regarded as being accepted.
4. The sales price is to be paid within 30 days from the date of invoice.
5. We are entitled to charge default interest at a rate of 10 % p.a. above the base interest rate even if the delay in payment is not the contract partner’s fault; this does not affect any claims to the payment of a higher interest.
6. Our sales prices do not include delivery charges, these are to be paid separately if delivery is required.
The contract partner is to bear the costs and responsibility for the transport of deliveries unless explicitly mutually agreed upon otherwise.
7. The goods remain our property until full payment has been made.
The enforcement of the reservation of property rights only constitutes a withdrawal from the contract if this is explicitly stated.
8. The place of fulfilment for our services and considerations is Linz/Austria.
9. Small deviations from the delivery date have to be tolerated by the contract partner and do not give rise to any claims to damages or to a right of withdrawal.
If the contract partner has defaulted on acceptance, we are entitled to either stock the goods and charge € 5.00/m² per commenced calendar month whilst insisting on the fulfilment of the contract, or withdraw from the contract after having settled upon an acceptable respite and make use of the goods elsewhere; in this case a contractual penalty amounting to 80 % of the invoice amount is to be considered as agreed upon.
10. The contract partner has to tolerate materially justified and acceptable changes to our contractual obligations.
This especially applies to deviations from the delivery date. If these occur, we will inform the contract partner about the new delivery date as soon as we can estimate the extent of the deviation, at the latest one week before the original delivery date.
11. Claims for damage are excluded in the case of slight negligence.
We can only be held liable if the damaged party can prove gross negligence on our part. Claims for damage become barred 6 months after knowledge was gained of the damage and the damaging party, in any case 3 years after the service or delivery was made.
12. Any recourse claims made against us which fall under „product liability“ according to the law for product liability are excluded, unless the party entitled to recourse can prove that the mistake was caused by our doing and is at least in part due to gross negligence.
13. Any set-offs against our claims with counterclaims are excluded.
14. Claims made against us by a consumer cannot be assigned for lack of explicit written consent.
15. In the case of justified reclamations, only an adequate percentage of the invoice sum will be reimbursed.
16. All agreements, subsequent modifications, amendments, additional agreements etc. have to be made in writing and require an original signature or a safe electronic signature.
17. This contract is covered by Austrian material law. The contract language is German.
18. All disputes arising from this contract are to be settled by the court materially responsible for our place of business. We however reserve the right to take legal action at the legal venue of the contract partner.
19. All disputes arising from this contract or from its breach, annulment or invalidity will be definitely resolved by one or several arbitrators appointed in accordance with the Rules of Arbitration and Conciliation of the International Court of Arbitration of the Austrian Economic Chamber in Vienna (Vienna Rules).