General terms and conditions of business
General terms and conditions of business
AGB - EUtech GmbH
1. General
1.1. Unless expressly agreed otherwise, our General Terms and Conditions (GTC), which have been provided to the contractual partner, shall apply. By placing an order, the customer accepts our GTC without reservation and simultaneously waives the application of any differing purchasing conditions of their own. Agreements deviating from our GTC or our catalog specifications are only valid with our written confirmation.
1.2. The following terms and conditions of delivery and payment apply to all products in our product range.
1.3. Deviations from these delivery and payment terms, in particular the applicability of the buyer's purchasing regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only considered concluded upon our sending a written order confirmation.
2nd delivery
2.1. The stated delivery times are non-binding. We endeavor to meet the delivery dates specified in the respective order confirmation. Agreements regarding "fixed delivery dates" (§ 376 HGB) require written form to be valid.
2.2. If the buyer is in arrears with any payment obligation, our delivery obligation is also suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract with respect to the unfulfilled portion. Force majeure includes strikes, lockouts, or other circumstances that significantly impede delivery or otherwise prevent us from fulfilling the contract.
This makes performance impossible, regardless of whether the defects occur with us or the manufacturer. The buyer may request a statement from us as to whether we intend to withdraw from the contract or deliver within a reasonable timeframe. If we fail to provide this statement, the buyer may withdraw from the contract. No other claims exist.
2.4. We are not liable for delays caused by factors outside our immediate control; otherwise, we are only liable for delays if they are due to intent or gross negligence on our part.
2.5. Any defects must be reported in writing within 3 days. Commercially acceptable color variations and material tolerances do not constitute a defect and do not entitle the customer to a complaint.
2.6. All packaging is exempt from ARA (Alternative Recycling Association) requirements. Packaging materials, sorted by type and uncontaminated, can be deposited free of charge at a regional collection point. We accept returns of transport packaging, but these must be sent carriage paid to our warehouse.
3rd Prizes
3.1. All prices listed in the catalog and in our offer are in EURO and are net prices, plus 20% VAT. These prices are ex works. These prices are valid for deliveries within the Republic of Austria and are ex works (EXW). This excludes offers that are marked as such. For orders with a net order value below €100.00, we reserve the right to charge a processing fee of €10.00.
3.2. We reserve the right to change prices at any time. Furthermore, we are entitled, at our discretion, to require payment in advance or cash on delivery. Transport and packaging costs will be charged separately based on actual expenses.
3.3. The prices do not allow for any deduction of cash discount, rebate, etc. that is not expressly agreed upon (in written form).
4. Order and order confirmation
All our offers are non-binding. Each individual transaction only becomes legally binding upon our written order confirmation. If our order confirmation contains deviations from the order (e.g., due to changed prices or product modifications), we will draw your attention to this separately, and you are entitled to cancel the order within two business days of the date of our order confirmation; otherwise, the deviations will be deemed accepted without reservation.
5. Payment
5.1. Payments for orders up to €1,000.00 are due 100% in advance. For orders of €1,000.00 or more, 50% is due upon placement of the order, or 50% before delivery if the goods are not in stock. For goods in stock, 100% is also due before delivery.
5.2. Any bank charges incurred are to be borne by the buyer. All bank charges billed to us by the customer will be invoiced separately.
5.3. In the event of late payment, default interest of 8% (eight percent) above the 3-month EURIBOR shall be deemed agreed. Furthermore, in the event of late payment, we are entitled to claim reimbursement from the buyer for any dunning costs incurred by us (including those incurred through the engagement of a debt collection agency or legal action, up to the standard applicable rates). Withholding payments to us, for any reason whatsoever, or offsetting them against counterclaims is excluded.
5.4. The buyer is not entitled to a right to refuse performance or to withhold payment.
5.5. In the event of late payment and justified doubts about the buyer's solvency and creditworthiness, we are entitled – without prejudice to any other rights – to demand security or advance payments for outstanding deliveries and to declare all claims arising from the business relationship immediately due and payable.
5.6. If, in such a case, the buyer fails to provide the required security or advance payments within a reasonable period, we are entitled to supply the end customer directly and under our own terms of delivery and payment. In this case, the buyer is not entitled to any discount, other compensation, or damages.
5.7. Invoices are sent electronically. By placing an order, the customer agrees to receive invoices electronically. If a paper invoice is desired, this must be communicated to us in writing.
6. Transfer of Risk / Shipping
6.1. Our sales prices do not include the costs for delivery, assembly, or installation. However, we will provide these services upon request for an additional fee.
6.2. We endeavor to take into account the buyer's wishes and interests regarding the shipping method and route; any additional costs incurred as a result – even in the case of agreed free delivery – shall be borne by the buyer.
6.3. The goods are shipped without any liability, except in cases of gross negligence.
6.4. Upon handover to the forwarding agent or carrier, but at the latest upon leaving the warehouse, all risk passes to the buyer.
6.5. We are only obligated to take out transport insurance at the express request of the buyer. The buyer bears the costs.
7. Retention of title
7.1. The goods sold remain our property until all claims arising from the business relationship with the buyer have been paid in full. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.
7.2. The buyer undertakes to resell the goods subject to retention of title only in the ordinary course of business, under its normal terms and conditions, and as long as it is not in default. It is only entitled to resell the goods on the condition that the claim arising from the resale is assigned to us in accordance with the following provisions.
7.3. The retention of title also extends to products created by combining the goods, to their full value. If, in such a case, a third party retains ownership rights, we acquire co-ownership in proportion to the invoice values of these combined goods.
7.4. The buyer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods, either in full or to the extent of any co-ownership interest. The buyer is authorized to collect these claims on our behalf until further notice or until the buyer ceases payments to us. The buyer is not authorized to assign these claims, even for factoring purposes, unless the factor simultaneously undertakes to pay the consideration directly to us in the amount of our share of the claim for as long as any claims of ours against the buyer remain outstanding.
7.5. The buyer must immediately notify us by registered letter of any third-party access to goods and receivables belonging to us.
7.6. The exercise of the retention of title does not constitute withdrawal from the contract.
7.7. The goods and the claims replacing them may not be pledged to third parties, transferred as security, or assigned before full payment of the claims by us.
8. Warranty and Liability
8.1. The buyer must inspect the delivered goods for defects upon receipt; otherwise, the goods are deemed approved.
8.2. We warrant for a period of two years that our products possess the properties necessary for normal and customary use. We assume no liability for defects or damage caused by failure to observe the respective operating instructions, by natural disasters, by incorrect operation or improper use, or by force majeure or similar events.
8.3. Defects must be reported in writing with a precise description within 3 days of delivery; defects not immediately apparent must be reported within three days of their discovery. If a defect is reported within the specified timeframe, we will, at our discretion, within a reasonable period, either repair the defect free of charge, reduce the price, or replace the goods. We will only accept further claims, in particular claims for damages, if they are based on intent or gross negligence.
8.4. Returns of defective goods are only permitted with our consent. The buyer is responsible for the return shipping costs. Refunds will only be issued in the case of a justified complaint.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient for prompt processing; this applies in particular if there are significantly different delivery times for different products within an order. Upon handover of the ordered goods to the carrier, we have fulfilled our delivery obligation, and the risk passes to the buyer. No transport insurance is taken out. The buyer is obligated to inspect the goods immediately upon receipt for damage and completeness. Damage and quantity discrepancies must be noted on the accompanying shipping documents and reported to us immediately in writing.
10. Data storage
By placing an order, the customer agrees to the electronic storage and processing of the personal and company-related data disclosed to us.
11. Applicable law and jurisdiction
These General Terms and Conditions are governed exclusively by Austrian law. In the case of cross-border transactions or deliveries, the application of the UN Convention on Contracts for the International Sale of Goods (CISG, Federal Law Gazette 1988/86, as currently in force) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with subject-matter jurisdiction in Klagenfurt, Austria, is agreed upon.
12. General
Should individual provisions of these terms and conditions be partially or entirely invalid, the validity of the remaining provisions of the respective legal transaction shall not be affected.
13. Important Dates
EUtech GmbH
Gewerbestraße 4
9020 Klagenfurt am Wörthersee
Austria
Company registration number: FN400435a of the Klagenfurt Regional Court
VAT number: ATU68065309
Bank: Volksbank GHB Kärnten AG
IBAN: AT15 42130 90101003516
SWIFT/BIC: VBOEATWWKLA
AGB - Waterwave Whirlpool GmbH
1. General
1.1. Unless expressly agreed otherwise, our General Terms and Conditions (GTC), which have been provided to the contractual partner, shall apply. By placing an order, the customer accepts our GTC without reservation and simultaneously waives the application of any differing purchasing conditions of their own. Agreements deviating from our GTC or our catalog specifications are only valid with our written confirmation.
1.2. The following terms and conditions of delivery and payment apply to all products in our product range.
1.3. Deviations from these delivery and payment terms, in particular the applicability of the buyer's purchasing regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only considered concluded upon our sending a written order confirmation.
2nd delivery
2.1. The stated delivery times are non-binding. We endeavor to meet the delivery dates specified in the respective order confirmation. Agreements regarding "fixed delivery dates" (§ 376 HGB) require written form to be valid.
2.2. If the buyer is in arrears with any payment obligation, our delivery obligation is also suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract with respect to the unfulfilled portion. Force majeure includes strikes, lockouts, or other circumstances that significantly impede delivery or otherwise prevent us from fulfilling the contract.
This makes performance impossible, regardless of whether the defects occur with us or the manufacturer. The buyer may request a statement from us as to whether we intend to withdraw from the contract or deliver within a reasonable timeframe. If we fail to provide this statement, the buyer may withdraw from the contract. No other claims exist.
2.4. We are not liable for delays caused by factors outside our immediate control; otherwise, we are only liable for delays if they are due to intent or gross negligence on our part.
2.5. Any defects must be reported in writing within 3 days. Commercially acceptable color variations and material tolerances do not constitute a defect and do not entitle the customer to a complaint.
2.6. All packaging is exempt from ARA (Alternative Recycling Association) requirements. Packaging materials, sorted by type and uncontaminated, can be deposited free of charge at a regional collection point. We accept returns of transport packaging, but these must be sent carriage paid to our warehouse.
3rd Prizes
3.1. All prices listed in the catalog and in our offer are in EURO and are net prices, plus 20% VAT. These prices are ex works. These prices are valid for deliveries within the Republic of Austria and are ex works (EXW). This excludes offers that are marked as such. For orders with a net order value below €100.00, we reserve the right to charge a processing fee of €10.00.
3.2. We reserve the right to change prices at any time. Furthermore, we are entitled, at our discretion, to require payment in advance or cash on delivery. Transport and packaging costs will be charged separately based on actual expenses.
3.3. The prices do not allow for any deduction of cash discount, rebate, etc., unless expressly agreed upon (in writing).
4. Order and order confirmation
All our offers are non-binding. Each individual transaction only becomes legally binding upon our written order confirmation. If our order confirmation contains deviations from the order (e.g., due to changed prices or product modifications), we will draw your attention to this separately, and you are entitled to cancel the order within two business days of the date of our order confirmation; otherwise, the deviations will be deemed accepted without reservation.
5. Payment
5.1. Payments for orders up to €1,000.00 are due 100% in advance. For orders of €1,000.00 or more, 50% is due upon placement of the order, or 50% before delivery if the goods are not in stock. For goods in stock, 100% is also due before delivery.
5.2. Any bank charges incurred are to be borne by the buyer. All bank charges billed to us by the customer will be invoiced separately.
5.3. In the event of late payment, default interest of 8% (eight percent) above the 3-month EURIBOR shall be deemed agreed. Furthermore, in the event of late payment, we are entitled to claim reimbursement from the buyer for any dunning costs incurred by us (including those incurred through the engagement of a debt collection agency or legal action, up to the standard applicable rates). Withholding payments to us, for any reason whatsoever, or offsetting them against counterclaims is excluded.
5.4. The buyer is not entitled to a right to refuse performance or to withhold payment.
5.5. In the event of late payment and justified doubts about the buyer's solvency and creditworthiness, we are entitled – without prejudice to any other rights – to demand security or advance payments for outstanding deliveries and to declare all claims arising from the business relationship immediately due and payable.
5.6. If, in such a case, the buyer fails to provide the required security or advance payments within a reasonable period, we are entitled to supply the end customer directly and under our own terms of delivery and payment. In this case, the buyer is not entitled to any discount, other compensation, or damages.
5.7. Invoices are sent electronically. By placing an order, the customer agrees to receive invoices electronically. If a paper invoice is desired, this must be communicated to us in writing.
6. Transfer of Risk / Shipping
6.1. Our sales prices do not include the costs for delivery, assembly, or installation. However, we will provide these services upon request for an additional fee.
6.2. We endeavor to take into account the buyer's wishes and interests regarding the shipping method and route; any additional costs incurred as a result – even in the case of agreed free delivery – shall be borne by the buyer.
6.3. The goods are shipped without any liability, except in cases of gross negligence.
6.4. Upon handover to the forwarding agent or carrier, but at the latest upon leaving the warehouse, all risk passes to the buyer.
6.5. We are only obligated to take out transport insurance at the express request of the buyer. The buyer bears the costs.
7. Retention of title
7.1. The goods sold remain our property until all claims arising from the business relationship with the buyer have been paid in full. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.
7.2. The buyer undertakes to resell the goods subject to retention of title only in the ordinary course of business, under its normal terms and conditions, and as long as it is not in default. It is only entitled to resell the goods on the condition that the claim arising from the resale is assigned to us in accordance with the following provisions.
7.3. The retention of title also extends to products created by combining the goods, to their full value. If, in such a case, a third party retains ownership rights, we acquire co-ownership in proportion to the invoice values of these combined goods.
7.4. The buyer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods, either in full or to the extent of any co-ownership interest. The buyer is authorized to collect these claims on our behalf until further notice or until the buyer ceases payments to us. The buyer is not authorized to assign these claims, even for factoring purposes, unless the factor simultaneously undertakes to pay the consideration directly to us in the amount of our share of the claim for as long as any claims of ours against the buyer remain outstanding.
7.5. The buyer must immediately notify us by registered letter of any third-party access to goods and receivables belonging to us.
7.6. The exercise of the retention of title does not constitute withdrawal from the contract.
7.7. The goods and the claims replacing them may not be pledged to third parties, transferred as security, or assigned before full payment of the claims by us.
8. Warranty and Liability
8.1. The buyer must inspect the delivered goods for defects upon receipt; otherwise, the goods are deemed approved.
8.2. We warrant for a period of two years that our products possess the properties necessary for normal and customary use. We assume no liability for defects or damage caused by failure to observe the respective operating instructions, by natural disasters, by incorrect operation or improper use, or by force majeure or similar events.
8.3. Defects must be reported in writing with a precise description within 3 days of delivery; defects not immediately apparent must be reported within three days of their discovery. If a defect is reported within the specified timeframe, we will, at our discretion, within a reasonable period, either repair the defect free of charge, reduce the price, or replace the goods. We will only accept further claims, in particular claims for damages, if they are based on intent or gross negligence.
8.4. Returns of defective goods are only permitted with our consent. The buyer is responsible for the return shipping costs. Refunds will only be issued in the case of a justified complaint.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient for prompt processing; this applies in particular if there are significantly different delivery times for different products within an order. Upon handover of the ordered goods to the carrier, we have fulfilled our delivery obligation, and the risk passes to the buyer. No transport insurance is taken out. The buyer is obligated to inspect the goods immediately upon receipt for damage and completeness. Damage and quantity discrepancies must be noted on the accompanying shipping documents and reported to us immediately in writing.
10. Data storage
By placing an order, the customer agrees to the electronic storage and processing of the personal and company-related data disclosed to us.
11. Applicable law and jurisdiction
These General Terms and Conditions are governed exclusively by Austrian law. In the case of cross-border transactions or deliveries, the application of the UN Convention on Contracts for the International Sale of Goods (CISG, Federal Law Gazette 1988/86, as currently in force) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with subject-matter jurisdiction in Klagenfurt, Austria, is agreed upon.
12. General
Should individual provisions of these terms and conditions be partially or entirely invalid, the validity of the remaining provisions of the respective legal transaction shall not be affected.
13. Important Dates
Waterwave Whirlpool GmbH
Gewerbestraße 4
9020 Klagenfurt
Austria
Company registration number: FN473687z of the Klagenfurt Regional Court
VAT number: ATU72418706
Bank: Raiffeisenbank Graz
IBAN: AT93 3843 9000 0082 7089
SWIFT/BIC: RZSTAT2G439