General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF HAPRO TECHNIK GES.M.B.H., last updated: 2017
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; We do not accept conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity.
In this respect, performance of our performance on the part of the contract does not constitute acceptance of terms and conditions deviating from our terms and conditions. These terms and conditions are also a framework agreement for all other legal transactions between the contracting parties.
II. CONCLUSION OF THE CONTRACT
A contract offer of a customer requires an order confirmation. Sending the goods ordered by the customer also causes the conclusion of the contract. If offers are addressed to us, the offeror is bound by a reasonable period of at least 30 days from receipt of the offer.
All prices quoted by us are, unless otherwise stated, exclusive of VAT. Should the wage costs change on the basis of collective agreements in the industry or internal contracts, or if other cost centers or services required for the calculation, such as those for materials, energy, transport, external work, financing etc., change, we are entitled to change the Increase or decrease prices accordingly.
IV. TERMS OF PAYMENT, DEFAULT INTEREST
Our terms of payment are 30 days net, without deduction of cash discount. Unless otherwise agreed, our debts are to be paid in cash, upon delivery of the goods. Discount deductions require a separate agreement. In the event of payment default, including installment payments, and any S account agreements expire.Payments by the customer shall only be deemed to have been made on receipt of our business account. In the event of default of payment by the customer, we shall be entitled, at our option, to claim compensation for the damage actually incurred or default interest at the statutory rate.Our company is entitled in the case of default of payment of the customer to demand from the date of delivery of the goods and compound interest.
In case of default of acceptance (Item VII.) Or other important reasons, such as in particular bankruptcy of the customer or bankruptcy for lack of assets, as well as default of payment of the customer, we are entitled to withdraw from the contract, if it is not fully met by both sides. In the event of resignation, we have the option of claiming a lump-sum compensation of 25% of the gross invoice amount or the replacement of the damage actually incurred. In case of default of the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to pay in advance. To demand seizures or after setting a reasonable grace period of Contract to resign. If the customer withdraws from the contract without being entitled to do so or if he wishes to cancel the contract, we have the option of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; In the latter case, the customer is obliged to pay a lump-sum compensation of 25% of the gross invoice amount or the damage actually incurred.
VI. DUNNING AND COLLECTION CHARGES
The contracting party (customer) undertakes in the event of default to replace the dunning and collection charges incurred by the creditor.
VII. DELIVERY, TRANSPORT, ACCEPTANCE DELAY
Our prices do not include delivery, installation or installation costs. On request However, these services against separate payment provided by us or organized. It will be for Transport or Notification of the costs actually incurred, including a reasonable overhead charge, but at least the freight and carriage charges applicable on the date of delivery or of the chosen mode of transport. The packaging is usually charged at cost. Packaging material will not be taken back unless this has been expressly agreed. Assembly work will be charged in time, whereby the hourly rates can be requested from Hapro Technik GmbH damage and loss incurred during transport are at the expense of the buyer. In order to secure compensation claims for railway, postal and forwarding transport, damage and reduced weights must be certified by the railway, the post office or the freight forwarder on the shipping documents upon acceptance of the shipment. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled after unsuccessful grace period either to store the goods with us, for which we charge a storage fee of 5% of the gross invoice amount per calendar day started, or at the expense and risk of the customer to be stored by an authorized professional. At the same time, we are entitled either to insist on fulfillment of the contract or to rescind the contract after setting an appropriate grace period of at least 2 weeks and to reuse the goods elsewhere.
VIII. DELIVERY TIME
We are only obliged to perform our services as soon as the customer has fulfilled all his obligations, which are necessary for execution, and in particular has fulfilled all technical and contractual details, preparatory work and preparatory measures. We are entitled to exceed the agreed deadlines and delivery times. The delivery times given are approximate and not binding. Default penalties or other claims for damages due to delayed delivery are excluded.
IX. PLACE OF FULFILLMENT
Place of fulfillment is the seat of our company.
X. WARRANTY, EXCHANGE
Defects must be reported in writing within 8 days after receipt of the goods. There are minor or other reasonable for our customers changes in our performance or Delivery obligation anticipated as approved. This applies in particular to deviations caused by the item (eg dimensions, colors, wood and veneer picture, surface, grain and structure, etc.). In the event of damage or consequential damage, you must inform us immediately in writing about its nature, extent and history of origin, and in the event of any investigation into the cause of the damage, you must provide us and our people (possibly insurance agents) with appropriate support. Should they fail to fulfill these secondary contractual obligations and result in any insurance-related disadvantages, they shall be responsible for all of these disadvantages (at best loss of insurance cover) and compensation for damages. As soon as we or our suppliers have acknowledged the goods to be defective due to material or workmanship defects or have to admit that you have no assured features, we will replace the goods free of charge with flawless ones. However, this only applies if the buyer has not changed the goods. Further warranty claims of the buyer are excluded. The buyer has to provide us with the rejected goods and return them free of charge. Notifications of defects are no longer permissible if a review of the goods complained of is no longer possible. Exchange and return shipments can only be accepted after prior agreement. All resulting costs, but at least 25% of the gross invoice amount, for inspections, cleaning and restocking shall be borne by the customer.
All claims for damages are excluded. This does not apply to personal injury or damage to items taken over for processing. The existence of slight or gross negligence has to prove the injured party. The limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in or otherwise agreed in these Terms and Conditions shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Before connecting or transporting computer-aided technical products or before installing computer programs, the customer is obliged to adequately safeguard the existing data stock on the computer system, otherwise he will be responsible for lost data and all related damage.
XII. PRODUCT LIABILITY
Recourse claims within the meaning of the Product Liability Act are excluded, unless the person entitled to recourse proves that the mistake has been caused in our sphere and at least has been caused by gross negligence.
XIII. RETENTION OF TITLE AND ITS ASSERTION
All goods are delivered under retention of title and remain our property until full payment. In the assertion of the retention of title is only a withdrawal from the contract, if this is explicitly explained. In case of return of goods, we are entitled to charge incurred transport and handling charges plus a processing fee of 25% of the gross invoice amount, but not exceeding € 500.-. In the case of access by third parties to the reserved goods – in particular through seizures – the customer undertakes to point out our ownership and to inform us immediately. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
XIV. ASSIGNEMENT OF CLAIMS
In case of delivery under retention of title, the customer hereby assigns to us its claims against third parties, as far as these arise through sale or processing of our goods, until the final payment of our claims on account of payment. The customer has to call us on request his customers and this to inform in time of the assignment. The cession is in the business books, especially in the open items – list and to make it visible on delivery notes, invoices etc. to the customer. If the customer is in arrears with his payments to us, the sales proceeds received from him are to be segregated and the customer has these only in our name. Any claims against an insurer are already assigned to us within the limits of the insurance contract law. Claims against us may not be assigned without our express consent.
The customer is not entitled to withhold the gross invoice amount in case of justified complaint.
XVI. CHOICE OF LAW, JURISDICTION
Austrian law applies. he applicability of the UN Sales Convention is expressly excluded. The Contract language is German. The Parties agree to Austrian domestic jurisdiction. It is up to the decision of all disputes arising from this contract the factual jurisdiction at the seat of our company exclusively locally responsible.
XVII. PRIVACY, CHANGE OF ADDRESS AND COPYRIGHT
For example, that the personal data contained in the purchase contract in the fulfillment of this contract are stored and processed by us in an automated manner. The customer is obliged to make changes to his residential or to announce business address, as long as the contractual transaction is not completely fulfilled by both parties. If the communication is omitted, declarations shall be deemed to have been received even if they correspond to the most recently announced Address to be sent. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any kind of use or exploitation rights.