General terms and conditions
Binding nature of the general sales, delivery and installation conditions
Our deliveries and services are, without exception, based on the following terms and conditions, which are deemed to be accepted by placing the order. Purchasing conditions of our contractual partners are not binding for us.
Conclusion of contract
Our offers are always subject to change. The contract is not deemed to be concluded until we have confirmed the order in writing.
Prices, services, material and dimensions
Prices, services, material and dimensional specifications are only binding if they are expressly referred to in our order confirmation. Prices are valid on the basis of the costs fixed at the time of conclusion of the contract. Changes in personnel or transport costs as well as material prices up to the time of delivery will also change the agreed price proportionately. All prices quoted are net prices, plus the statutory value added tax, which is to be borne by the purchaser. The prices are ex works Jenbach (INCOTERM 2000). Material-related inconsistency in the surface or inconsistency due to expert repairs cannot be the subject of a notice of defects. Otherwise, the contents of the ÖNORM are authoritative for us. Dimensions can be changed for reasons of craftsmanship and therefore cannot be objected to. If individual dimensions must be adhered to exactly, this must be stated separately beforehand.
The delivery period, which is always to be regarded as approximate, shall only commence after final clarification of all technical and commercial delivery issues. Compliance with the delivery time is dependent on the customer’s compliance with all services to be rendered before delivery. Force majeure or other hindrances in production, delivery or assembly which are neither subject to our foresight or influence nor that of our subcontractors shall extend the delivery time without the customer being able to derive any claims from this. In the event of a delay in delivery for which we are responsible, the customer may demand performance or, after culpable expiry of a reasonable grace period to be determined for performance, withdraw from the contract. Other claims from whatever title cannot be made.
The delivery is fulfilled:
a) For deliveries ex works, upon dispatch of the notification of readiness for dispatch;
b) For deliveries with installation: upon completion of installation.
If the departure from the supplier’s works, the start or performance of the assembly is delayed through no fault of ours, the time of dispatch of the notification of readiness for dispatch shall be deemed to be the time of performance.
Transfer of risk
The risk is transferred to the customer ex works. If dispatch is delayed through the fault of the customer, the risk shall pass to the customer from the day of readiness for dispatch.
Liability for defects
Notices of defects can only be considered if they are sent to us in writing by registered mail within 5 days of receipt of the goods. The goods must always be inspected before installation. Complaints regarding material already installed cannot be accepted. Further claims such as compensation for damages, penalties for delay and the like will not be accepted. The special instructions given to the customer must be observed and complied with, otherwise no liability will be accepted. There is no claim for a price reduction, for withholding of payments or materials or for termination of the contract. There is also no liability according to the Product Liability Act if we are not named in writing as manufacturer or importer within a reasonable period of 14 days after the event of damage and we receive a copy of this naming by registered letter within this period. As long as the customer has not fulfilled the agreed payment obligations, we shall not be obliged to remedy defects. The same applies if our work is impaired by the customer’s unauthorised rectification of defects. In the event of a justified notice of defect, we shall be free to either rectify the defect or supply a replacement.
The order is only final when at least one third of the purchase price has been received by us as a down payment, unless otherwise agreed. Unless otherwise agreed, all invoices are to be paid without delay on the stated payment date. Any set-off – for whatever reason – is not permitted. In the event of overdue payment, the bank interest rate increased by 3% shall be reimbursed as interest on arrears as well as all reminder and collection charges. The acceptance of cheques or bills of exchange after prior mutual agreement cannot be accepted as payment in lieu of payment and only has a debt-discharging effect when the cheque or bill of exchange has been cashed and no chargeback is made. All bill charges shall be borne by the customer.
Retention of title
We reserve the right of ownership of the delivered goods until all obligations of the customer have been completely settled. It is therefore not attachable, which is why the customer is obliged to assert our right of ownership against third parties and to inform us immediately in the event of any claim. In the event that the goods are sold for resale by the customer, the customer’s purchase price claim is to be assigned to us in the amount of our claim (extended reservation of title).
Place of performance, applicable law, place of jurisdiction
The headquarters of our company is the place of performance for deliveries and payments. Any disputes arising from the contractual relationship shall be settled by the court having jurisdiction over the subject matter and location for Jenbach under Austrian law. However, we reserve the right to bring an action at the customer’s place of business. The basis for the calculation according to the mentioned rates is formed in detail by the following provisions:
a) Preparation, travel and travel times shall be considered as working hours and shall be charged as hours actually started. Any standing, waiting and travel times caused by the customer are considered working hours and will be charged separately.
b) For the calculation of working hours, the timesheets countersigned by the labour inspectorate responsible at the respective workplace shall be used, without any restriction, unless such timesheets are clearly indicated on the timesheet. The basis for daily working time shall be the 40-hour week, divided equally over the five days from Monday to Friday. The normal working time of 8 hours per day is between 6.00 and 19.00 hours. Within this period, every working hour in excess of these 8 hours is considered overtime. Working hours from 19.00 to 6.00 hours are considered night hours.
c) Fitter’s allowances or day and night allowances shall be invoiced according to calendar days, whereby travel and working days as well as Sundays and public holidays shall be treated equally. If the actually laid out and occupied accommodation costs exceed the above-mentioned night money, the additional costs will be invoiced separately.
d) Public holidays are the official holidays in force in the territory of the Republic of Austria. Additional costs incurred by us due to the work of our personnel abroad as a result of laws or regulations applicable there (e.g. taxes, duties of all kinds, etc.) are not included in our prices and must be paid separately by the customer. Work which is not included in the scope of services according to the order must be expressly ordered by the customer and is added to the invoice at the applicable rates.
Special conditions for assembly work
The dispatch of our technical personnel, whose selection we reserve the right to make on the basis of the information provided by the customer about the work to be carried out, shall be made at the express request of the customer. The customer is responsible for compliance with the local safety regulations and must inform our personnel of any hazards at the time of conclusion of the contract and insure them accordingly. The customer must inform us immediately of any accidents involving our personnel.
The materials and tools necessary for the performance of the work shall be provided by us. The costs of their transport to the place of work shall be borne by the customer. The customer shall take appropriate care of all work aids and vehicles of the installation personnel brought in by us and shall be liable for any damage, destruction or loss of the work aids and vehicles until completion of the installation work or until the work aids and vehicles have been cleared and removed and, in terms of risk, until force majeure.
The customer shall, at his own expense and risk, both before the agreed commencement of the installation work and during its execution, make all preparations and take all measures in good time with regard to personnel and material which are necessary for the proper course of the work, its trouble-free execution and its unimpeded completion. The customer must provide electricity and water free of charge. All preparatory work to be carried out by the customer must be completed by the agreed start of assembly.
For the duration of the provision of our installation personnel, our respectively valid rates shall be charged, starting from the departure from Jenbach until the arrival in Jenbach. If particular difficulties arise during the work (e.g. extremely dirty working conditions), we reserve the right to add up to 100% to the normal hourly rate.