General terms and conditions of business
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 made known to the contractual partner shall apply. Once the order has been placed, our terms and conditions are accepted without reservation and the customer waives the application of any deviating terms and conditions of purchase. Agreements deviating from our terms and conditions or our catalog information are only valid with our written confirmation.
1.2. The following terms of delivery and payment apply to all products from our range.
1.3. Deviations from these terms of delivery and payment, in particular the validity of the buyer's procurement regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only deemed to have been concluded once we have sent a written order confirmation.
2. Delivery
2.1. The specified delivery times are non-binding. We make every effort to comply with the delivery dates stated in the respective order confirmation. The agreement of "fixed dates" (§ 376 HGB) must be in writing to be effective.
2.2. If the buyer is in arrears with a liability, our delivery obligation is also suspended.
2.3. Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract because of the part that has not yet been fulfilled. Strikes, lockouts or other circumstances that make delivery significantly more difficult for us or otherwise are equivalent to force majeure
impossible, regardless of whether they occur with us or with the manufacturer. The buyer can request a declaration from us as to whether it intends to withdraw or deliver within a reasonable period of time. If we do not provide this explanation, the buyer can withdraw. Other claims do not exist.
2.4. We are not liable for missed deadlines that are caused outside of our immediate sphere of influence; Otherwise, we are only liable for delays if we acted with intent or gross negligence.
2.5. Any defects must be reported in writing within 3 days. Customary color deviations and material tolerances do not constitute a defect and do not justify a complaint.
2.6. All packaging is exempt from ARA. The packaging materials can be deposited free of charge at a regional collection point, unmixed and not contaminated. Returns of transport packaging will be accepted by us, but must be made free to our warehouse.
3. Prices
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 warehouse. These prices are valid for deliveries within the Republic of Austria and are ex works (EXW). This does not apply to offers that are separately marked as such. We reserve the right to charge a processing fee of EUR 10.00 for orders with a net order value of less than EUR 100.00.
3.2. We reserve the right to change prices at any time. Furthermore, we are entitled, at our own discretion, to carry out deliveries only against cash on delivery or prepayment. Transport and packaging costs will be charged separately at cost.
3.3. The prices do not permit any deduction of cash discounts, rebates, etc. that have not been expressly agreed (in writing).
4. Order and Order Confirmation
All our offers are non-binding. Each individual legal transaction is only legally concluded when we accept our order in writing (order confirmation). If our order acceptance (order confirmation) contains deviations from the order (e.g. due to changed prices or product changes), we will draw your attention to this separately and the customer is entitled to cancel the order within two working days after the date of our order confirmation, otherwise the deviations from him be accepted without reservation.
5. Payment
5.1. Payments up to an order value of € 1,000.00 are to be paid 100% in advance. From € 1,000.00, 50% must be paid when the order is placed or 50% before delivery if the goods are not in stock. In the case of goods in stock, 100% must also be paid before delivery.
5.2. The buyer has to bear any bank charges incurred. All bank charges charged to us by the customer will be charged subsequently.
5.3. In the event of a delay in payment, default interest of 8% (eight percent) above the 3-month EURIBOR is agreed. Furthermore, in the event of a delay in payment, we are entitled to request reimbursement from the buyer for the reminder costs incurred (including those incurred by involving a debt collection agency or legal intervention to the extent specified in the tariff). The withholding of payments to us, for whatever reason, or offsetting them against counterclaims are excluded.
5.4. The buyer is not entitled to a right to refuse performance or a right of retention.
5.5. In the event of a delay in payment and justified doubts about the solvency and creditworthiness of the buyer, we are entitled - without prejudice to other rights - to demand securities or advance payments for outstanding deliveries and to make all claims arising from the business relationship due immediately.
5.6. If, in such a case, the buyer does not provide the securities or advance payments within a reasonable period of time, we are entitled to supply the end customer directly and on our own terms of delivery and payment. In this case, the buyer is not entitled to any discount, other remuneration or compensation.
5.7. Invoices are sent in electronic form. By placing the order, the customer declares his consent to the electronic invoice being created and sent. If a paper invoice is desired, this must be communicated to us in writing.
6. Passing of Risk / Shipping
6.1. Our sales prices do not include the costs for delivery, assembly or installation. However, these services are provided by us on request for a separate payment.
6.2. We endeavor to take into account the wishes and interests of the buyer with regard to the type and route of shipment; any resulting additional costs - even if carriage paid delivery has been agreed - shall be borne by the buyer.
6.3. The goods are dispatched with the exclusion of any liability, except in the case of grossly negligent action.
6.4. All risk is transferred to the buyer when the goods are handed over to the forwarding agent or carrier, but no later than when they leave the warehouse.
6.5. We are only obliged to take out transport insurance at the express request of the buyer. Costs are paid by the buyer.
7. Retention of Title
7.1. The goods sold remain our property until the 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 only sell the reserved goods in the ordinary course of business, under his ordinary terms and conditions and as long as he is not in default. He is only entitled to resell with the proviso that the claim from the resale is transferred to us in accordance with the following provisions.
7.3. The retention of title also extends to the products created by combining the goods at their full value. If third-party property rights remain in such a case, we acquire co-ownership in proportion to the invoice value of these connected goods.
7.4. The buyer hereby assigns the claims against third parties arising from the resale in full or in the amount of any co-ownership to them as security. He is authorized to collect these for our account until revoked or until his payments to us are suspended. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the obligation of the factor is established at the same time to effect the consideration in the amount of our share of the claim directly to us for as long as we still have claims against the buyer .
7.5. Access by third parties to the goods and claims belonging to us must be reported immediately by the buyer by registered letter.
7.6. Exercising the retention of title does not mean withdrawal from the contract.
7.7. The goods and the claims that take their place may not be pledged to third parties or transferred or assigned as security before the claims have been paid in full by us.
8. Warranty and Liability
8.1. The buyer must inspect the delivered goods for defects upon receipt, otherwise the goods are deemed to have been approved.
8.2. We guarantee for a period of 2 years that our products have the properties required for normal and customary use. We assume no liability for defects or damage caused by non-observance of the respective operating instructions, by forces of nature, by incorrect operation or improper use or by force majeure or the like.
8.3. Defects must be reported in writing with a precise description within 3 days of delivery, defects that are not immediately recognizable within three days of their discovery. In the case of a timely notification of defects, we shall, at our option and within a reasonable period of time, take over the free repair, price reduction or conversion. Further claims, in particular claims for damages, will only be accepted by us if they are based on intent or gross negligence.
8.4. A return of the rejected goods is only permitted with our consent. The freight costs are to be provided by the buyer. A refund will only take place in the case of a justified notice of defects.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient in terms of speedy processing; This is especially the case if there are major deviations in delivery times for different products in an order. When the ordered goods are handed over to the carrier, we have fulfilled our delivery obligation and risk and danger are transferred to the buyer. No transport insurance will be taken out. The buyer is obliged to check the goods for integrity and completeness immediately upon receipt. Damage and deviations in quantity are to be noted on the accompanying shipping documents and sent to us in writing immediately.
10. Data Storage
By placing the order, the customer agrees to the electronic storage and processing of the personal and company-related data provided to us.
11. Governing Law and Jurisdiction
Austrian law applies exclusively to legal transactions based on these General Terms and Conditions. In the case of cross-border legal transactions or deliveries, the application of the UN Sales Convention (Federal Law Gazette 1988/86 in the currently applicable version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the competent court for A-Klagenfurt is agreed.
12. General
Should individual provisions of these General Terms and Conditions not be legally effective in part or in full, this will not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important Dates
EUtech GmbH
Commercial Street 4
9020 Klagenfurt am Woerthersee
Austria
Commercial register number: FN400435a of the regional court of Klagenfurt
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 made known to the contractual partner shall apply. Once the order has been placed, our terms and conditions are accepted without reservation and the customer waives the application of any deviating terms and conditions of purchase. Agreements deviating from our terms and conditions or our catalog information are only valid with our written confirmation.
1.2. The following terms of delivery and payment apply to all products from our range.
1.3. Deviations from these terms of delivery and payment, in particular the validity of the buyer's procurement regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only deemed to have been concluded once we have sent a written order confirmation.
2. Delivery
2.1. The specified delivery times are non-binding. We make every effort to comply with the delivery dates stated in the respective order confirmation. The agreement of "fixed dates" (§ 376 HGB) must be in writing to be effective.
2.2. If the buyer is in arrears with a liability, our delivery obligation is also suspended.
2.3. Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract because of the part that has not yet been fulfilled. Strikes, lockouts or other circumstances that make delivery significantly more difficult for us or otherwise are equivalent to force majeure
impossible, regardless of whether they occur with us or with the manufacturer. The buyer can request a declaration from us as to whether it intends to withdraw or deliver within a reasonable period of time. If we do not provide this explanation, the buyer can withdraw. Other claims do not exist.
2.4. We are not liable for missed deadlines that are caused outside of our immediate sphere of influence; Otherwise, we are only liable for delays if we acted with intent or gross negligence.
2.5. Any defects must be reported in writing within 3 days. Customary color deviations and material tolerances do not constitute a defect and do not justify a complaint.
2.6. All packaging is exempt from ARA. The packaging materials can be deposited free of charge at a regional collection point, unmixed and not contaminated. Returns of transport packaging will be accepted by us, but must be made free to our warehouse.
3. Prices
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 warehouse. These prices are valid for deliveries within the Republic of Austria and are ex works (EXW). This does not apply to offers that are separately marked as such. We reserve the right to charge a processing fee of EUR 10.00 for orders with a net order value of less than EUR 100.00.
3.2. We reserve the right to change prices at any time. Furthermore, we are entitled, at our own discretion, to carry out deliveries only against cash on delivery or prepayment. Transport and packaging costs will be charged separately at cost.
3.3. The prices do not permit any deduction of cash discounts, rebates, etc. that have not been expressly agreed (in writing).
4. Order and Order Confirmation
All our offers are non-binding. Each individual legal transaction is only legally concluded when we accept our order in writing (order confirmation). If our order acceptance (order confirmation) contains deviations from the order (e.g. due to changed prices or product changes), we will draw your attention to this separately and the customer is entitled to cancel the order within two working days after the date of our order confirmation, otherwise the deviations from him be accepted without reservation.
5. Payment
5.1. Payments up to an order value of € 1,000.00 are to be paid 100% in advance. From € 1,000.00, 50% must be paid when the order is placed or 50% before delivery if the goods are not in stock. In the case of goods in stock, 100% must also be paid before delivery.
5.2. The buyer has to bear any bank charges incurred. All bank charges charged to us by the customer will be charged subsequently.
5.3. In the event of a delay in payment, default interest of 8% (eight percent) above the 3-month EURIBOR is agreed. Furthermore, in the event of a delay in payment, we are entitled to request reimbursement from the buyer for the reminder costs incurred (including those incurred by involving a debt collection agency or legal intervention to the extent specified in the tariff). The withholding of payments to us, for whatever reason, or offsetting them against counterclaims are excluded.
5.4. The buyer is not entitled to a right to refuse performance or a right of retention.
5.5. In the event of a delay in payment and justified doubts about the solvency and creditworthiness of the buyer, we are entitled - without prejudice to other rights - to demand securities or advance payments for outstanding deliveries and to make all claims arising from the business relationship due immediately.
5.6. If, in such a case, the buyer does not provide the securities or advance payments within a reasonable period of time, we are entitled to supply the end customer directly and on our own terms of delivery and payment. In this case, the buyer is not entitled to any discount, other remuneration or compensation.
5.7. Invoices are sent in electronic form. By placing the order, the customer declares his consent to the electronic invoice being created and sent. If a paper invoice is desired, this must be communicated to us in writing.
6. Passing of Risk / Shipping
6.1. Our sales prices do not include the costs for delivery, assembly or installation. However, these services are provided by us on request for a separate payment.
6.2. We endeavor to take into account the wishes and interests of the buyer with regard to the type and route of shipment; any resulting additional costs - even if carriage paid delivery has been agreed - shall be borne by the buyer.
6.3. The goods are dispatched with the exclusion of any liability, except in the case of grossly negligent action.
6.4. All risk is transferred to the buyer when the goods are handed over to the forwarding agent or carrier, but no later than when they leave the warehouse.
6.5. We are only obliged to take out transport insurance at the express request of the buyer. Costs are paid by the buyer.
7. Retention of Title
7.1. The goods sold remain our property until the 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 only sell the reserved goods in the ordinary course of business, under his ordinary terms and conditions and as long as he is not in default. He is only entitled to resell with the proviso that the claim from the resale is transferred to us in accordance with the following provisions.
7.3. The retention of title also extends to the products created by combining the goods at their full value. If third-party property rights remain in such a case, we acquire co-ownership in proportion to the invoice value of these connected goods.
7.4. The buyer hereby assigns the claims against third parties arising from the resale in full or in the amount of any co-ownership to them as security. He is authorized to collect these for our account until revoked or until his payments to us are suspended. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the obligation of the factor is established at the same time to effect the consideration in the amount of our share of the claim directly to us for as long as we still have claims against the buyer .
7.5. Access by third parties to the goods and claims belonging to us must be reported immediately by the buyer by registered letter.
7.6. Exercising the retention of title does not mean withdrawal from the contract.
7.7. The goods and the claims that take their place may not be pledged to third parties or transferred or assigned as security before the claims have been paid in full by us.
8. Warranty and Liability
8.1. The buyer must inspect the delivered goods for defects upon receipt, otherwise the goods are deemed to have been approved.
8.2. We guarantee for a period of 2 years that our products have the properties required for normal and customary use. We assume no liability for defects or damage caused by non-observance of the respective operating instructions, by forces of nature, by incorrect operation or improper use or by force majeure or the like.
8.3. Defects must be reported in writing with a precise description within 3 days of delivery, defects that are not immediately recognizable within three days of their discovery. In the case of a timely notification of defects, we shall, at our option and within a reasonable period of time, take over the free repair, price reduction or conversion. Further claims, in particular claims for damages, will only be accepted by us if they are based on intent or gross negligence.
8.4. A return of the rejected goods is only permitted with our consent. The freight costs are to be provided by the buyer. A refund will only take place in the case of a justified notice of defects.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient in terms of speedy processing; This is especially the case if there are major deviations in delivery times for different products in an order. When the ordered goods are handed over to the carrier, we have fulfilled our delivery obligation and risk and danger are transferred to the buyer. No transport insurance will be taken out. The buyer is obliged to check the goods for integrity and completeness immediately upon receipt. Damage and deviations in quantity are to be noted on the accompanying shipping documents and sent to us in writing immediately.
10. Data Storage
By placing the order, the customer agrees to the electronic storage and processing of the personal and company-related data provided to us.
11. Governing Law and Jurisdiction
Austrian law applies exclusively to legal transactions based on these General Terms and Conditions. In the case of cross-border legal transactions or deliveries, the application of the UN Sales Convention (Federal Law Gazette 1988/86 in the currently applicable version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the competent court for A-Klagenfurt is agreed.
12. General
Should individual provisions of these General Terms and Conditions not be legally effective in part or in full, this will not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important Dates
Waterwave Whirlpool Ltd
Carlberger Gasse 66
1230 Vienna
Austria
Commercial register number: FN473687z of the regional court of Klagenfurt
VAT number: ATU72418706
Bank: Raiffeisenbank Graz
IBAN: AT93 3843 9000 0082 7089
SWIFT/BIC: RZSTAT2G439