General terms of business
General terms of business
Terms and conditions of Stalltechnik Ing. Bräuer GmbH
The following terms and conditions are for information purposes in english language only and are computer translations of our legally binding terms and conditions in german language!
The following terms and conditions form an integrated part of the legal transaction overleaf, which was concluded in a legally binding manner by signing the order form. However, the delivery company is entitled to refuse in writing within two months of receipt of the order form by the delivery company the acceptance of the contract and the delivery of the ordered goods, which results in the cancellation of the contract free of charge for both parties to the contract. Oral agreements, additions or changes to the terms and conditions, as well as oral assembly instructions, planning and construction discussions, expressly require written confirmation from the management in order to be binding for the delivery company. Any delivery does not constitute recognition of any deviating verbal agreements or instructions.
The delivery company guarantees the agreed price for a period of 3 months from the order date. If the fulfillment of the order is delayed beyond this period for reasons on the part of the purchaser, the delivery company is entitled to increase the agreed price in accordance with the increased wage and material costs. In any case, excess and short deliveries will be billed based on actual consumption.
Payment and prohibition of offsetting:
In the event of late payment, 12% p.a. will be charged. Payments may only be made directly to the delivery company. Payments to representatives of the delivery company may only be made with the prior specific written authorization of the delivery company. If partial payments are granted, the loss of the deadline is deemed to have been agreed and the entire outstanding amount of the delivery company's outstanding claim is immediately due for payment in full if the purchaser is in arrears with even a partial payment installment for more than 14 days. The purchaser is not entitled to withhold payments due to warranty claims due to defects or other counterclaims (including claims for damages, etc.). The agreed delivery price must be paid in full without taking into account any counterclaims from the purchaser. The purchaser is not entitled to offset counterclaims of any kind and on whatever legal basis against the claims of the delivery company (prohibition of compensation).
Retention of title:
All goods delivered remain the property of the delivery company until all of the customer's liabilities arising from the business relationship have been fully covered. In the event of seizure or other claims, the purchaser is obliged to assert the delivery company's ownership rights and to notify the delivery company immediately.
Delivery and delivery time:
If events occur during the execution of a delivery (order) that make it impossible to fulfill the order under the agreed conditions (force majeure, strike, etc.) or result in an unreasonable increase in production costs, the delivery company is responsible free to withdraw from the delivery if the purchaser does not agree to the new price or the changed provisions. In the event of withdrawal, the customer is obliged to accept the goods that have already been completed or are in production at the applicable prices. Claims for damages by the customer and withdrawal from the contract due to delivery times being exceeded are excluded. If a penalty to be borne by the delivery company is agreed upon in writing when the order is placed, this will only be granted if the delay in delivery was not caused by supplier companies or other circumstances beyond the control of the delivery company. Plan changes and order changes extend the delivery time appropriately. Furthermore, in order for the penalty agreement to be legally effective, a subsequent additional written confirmation from the management of the delivery company is required. If the purchaser does not accept the goods from the delivery factory, acceptance is complete as soon as the goods leave the warehouse for the purchaser's account. The goods travel at the risk of the purchaser. The delivery company is entitled to carry out and invoice partial or advance deliveries. The delivery company determines the exact delivery time. The purchaser bears any costs incurred due to refusal of acceptance. Deliveries whose delivery notes are not signed by the customer are still considered accepted. The return of parts that were ordered but then not needed must be agreed with the delivery company. There may not be more than 3 months between delivery and return of the goods. For returned goods, 20% of the value of the goods will be charged for warehouse work. Small parts will only be credited if they are still in their original packaging. Custom-made products or special orders cannot be returned. The returned material must be in undamaged, resalable formbe condition. The customer bears the costs for return or collection.
Transport is always carried out at the expense and risk of the purchaser or recipient. The choice of means of transport and route is left to the delivery company. The purchaser must ensure that the delivery is unloaded (for deliveries by shipping companies, a forklift or front loader is required). Even with “free home” delivery, delivery is without unloading. If there are difficult circumstances for delivery (narrow hairpin bends, narrow road, snowy road, etc.), the customer must ensure that the goods are or are allowed to be unloaded somewhere else at no cost to the delivery company.
The packaging materials are at the expense of the purchaser. He must ensure that they are returned and transported back if this is requested.
Complaints, notices of defects:
Complaints about delivery and assembly work must be made in writing with a specific notice of defects to the delivery company within 3 days of receipt or after the service has been provided. If this notice of defects and/or complaint is not made within this period, the delivery or service provision is deemed to have been provided and approved free of defects and the purchaser is no longer entitled to any claims whatsoever, regardless of the legal basis. In this case, the loss of claim is therefore expressly agreed in accordance with Section 377 Paragraph 2 and 378 UGB.
Withdrawal, cancellation, payment agreement, acceptance obligation:
If the delivery company has reasonable doubts about the customer's ability to pay, the delivery company is entitled to withdraw from the contract with immediate effect. Withdrawal does not trigger any claims for compensation whatsoever for the purchaser. If the order is canceled by the customer, the customer is obliged to pay the delivery company the wages to which he is entitled in accordance with Section 1168 Paragraph 1 ABGB in the binding flat rate of 30% of the gross order price as remuneration within the meaning of Section 909 ABGB. This fine is not subject to judicial mitigation. However, if the ordered goods have already been partially or completely produced or purchased, the purchaser is obliged to accept the produced or purchased parts and to this extent an obligation to pay the order price for the produced or purchased parts (in part or in full) and even if acceptance is refused. In addition, in the case of partial production or partial purchase and partial payment obligation with regard to the outstanding remaining order price amount, there is a pro rata obligation to pay the penalty amount of 30% of the then outstanding order price amount.
The relevant legal provisions apply to the warranty. If the agreed payment terms are not met on time, the customer loses any warranty claim. Natural wear and tear, defects due to incorrect or improper treatment or use or external influences are not covered by the delivery company's warranty obligation. For those parts of the goods that the delivery company has purchased from sub-suppliers, the delivery company is only liable within the scope of the warranty claims to which it is entitled against the sub-supplier. Warranty work by the delivery company does not result in an extension of the warranty period. The warranty period does not restart either.
Assembly flat rate or free assembly only refers to the assembly, whereby the customer must provide the delivery company's assembler with at least 2 skilled assistants at his own expense. Otherwise, the customer must additionally pay the delivery company's additional time and effort. All chiseling, bricklaying and electrical work, to the extent necessary, must be carried out properly and completely by the customer (on site) before installation begins. The purchaser is obliged to inform the delivery company of the completion of this preparatory work. The customer must also provide electricity, water and scaffolding materials. He must ensure that the soil conditions, the foundations, the masonry, the ceilings or other load-bearing elements that are necessary for proper assembly are free of defects and are designed in accordance with the requirements of the assembly and meet the static and structural requirements. Otherwise, the purchaser is responsible if there is a delay in delivery by the delivery company due to negligence on his part or inadequate preparatory work or if the delivery and assembly cannot be properly manufactured or completed, and in this case the purchaser's claims for compensation of any kind are expressly excluded. All additional orders not listed in the order overleaf
ind, as well as all additional material and time costs required, must be paid by the customer in addition to the usual rates and prices; both when flat-rate assembly costs were agreed and when no flat-rate assembly costs were agreed. The delivery company's fitters must be provided with appropriate accommodation and meals at the purchaser's expense. If rework and/or welding work on galvanized parts is necessary during assembly, repair or warranty and these are treated with cold zinc by the delivery company, the purchaser is not entitled to any claims of any kind for reduction in quality etc. in this regard. The delivery company only delivers incomplete machines within the meaning of the Machinery Directive. The commissioning of the machines into which these incomplete machine parts have been installed is prohibited until it has been expertly determined by the responsible authorities, at the request and expense of the purchaser, that these machines comply with the provisions of the Machinery Directive.
For damages that arise as a result of defective delivery or work by the delivery company, the delivery company is only liable to the extent that the delivery company or the employees responsible for it can be accused of intent or gross negligence. The delivery company's liability for minor negligence is expressly excluded. In any case, claims for compensation for business interruptions, pure financial loss, the purchaser's own expenses, frost damage, overuse of the material and consequential damage of any kind are excluded. If this exclusion of liability is ineffective, the limitation of liability to intent and gross negligence also applies expressly to these cases.
Plans and documents:
If the fulfillment of the contract is associated with the creation of construction and submission plans by the delivery company, then the plans are deemed to be in order and approved by the purchaser if he does not request the same modification or correction within one week of submission. If changes become necessary after approval, the purchaser is obliged to reimburse the delivery company for the additional costs incurred. The purchaser is not entitled to any claims for design, material and dimensional changes that do not affect the function of the ordered systems. All technical and commercial documents always remain the intellectual property of the supplier under the protection of the relevant legal provisions regarding reproduction, imitation, competition, etc.
Place of performance and jurisdiction, choice of law and international jurisdiction:
The place of performance for all claims arising from the business relationship is 4441 Wachtberg, municipality of Behamberg, Austria. For all disputes arising from this contract and any additional orders, the international jurisdiction of the courts in Austria and the local jurisdiction of the relevant court for 4400 Steyr apply as agreed. However, the delivery company can, at its discretion, also sue at the purchaser's general place of jurisdiction. Only Austrian law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.