General Terms and Conditions

The General Terms and Conditions can be downloaded in pdf format from the following link:

General Terms and Conditions KÄUFERLE.AT GmbH

1 Validity of the GTC

Our General Terms and Conditions apply to all business relationships with our customers, in particular to all purchase contracts, contracts for work and labour and contracts for work and materials.
These GTC in conjunction with the accepted offer conclusively represent the entire agreement between the contracting parties.
Deviations, additions or verbal collateral agreements to these GTC shall only apply if they are confirmed by us in writing. This applies in particular to agreements with our representatives and sales representatives.
These General Terms and Conditions shall also apply to all future purchase contracts, contracts for work and labour and contracts for work and materials with our customers, without this having to be expressly referred to again.
Any terms and conditions of business or purchase of the customer are hereby rejected. These terms and conditions of purchase or other terms and conditions of the customer ("customer terms and conditions") which contradict, deviate from or are unilateral to the general terms and conditions shall not apply even if the customer refers to his customer terms and conditions before or upon conclusion of the contract and KÄUFERLE.AT GmbH does not expressly object to these again or provides or accepts services without reservation.

2. conclusion of contract, content of contract

Our offers are subject to change. A contract is only concluded when the order placement by the customer is confirmed by us in writing. This also applies to subsidiary agreements and assurances, as well as to subsequent amendments to the contract. Transfers of rights and obligations of the customer arising from the contract with us require our written consent.
Dimensions, weights, illustrations, graphic representations etc. in the offer documents are approximate. Deviations from the intended design are permissible insofar as they do not exceed the customary scope, do not lead to a significant reduction in value and are reasonable for the customer.
All offer documents, illustrations, catalogues, drawings etc. remain our property. They must be returned immediately without being asked in the event that the contract is not concluded. They may not be passed on, published or reproduced without our written authorisation. The copyrights to the technical illustrations provided by us shall remain with us. We are authorised to affix a company or other identification mark to all work performed by us. On conclusion of the contract, the customer gives his consent for the work carried out by him to be used in our advertising.
The customer must immediately check our order confirmation and the associated documents for completeness, correct type number, dimensional data, etc. The same applies to the design codes transmitted. The same applies to transmitted design codes.
The content of the contract documents shall be deemed to be recognised as an integral part of the contract unless the modified execution drawings are returned or change requests are communicated in writing within eight days of receipt by the customer. Decisive for the timeliness of change requests is the receipt of the written notification by us.
If labour services (assembly, installation, etc.) are included in our offer, the customer is obliged to prepare the site for unhindered work.
The customer must allow us to use scaffolding, connections for power tools and power and water supply free of charge. The chiselling and closing of holes and slits as well as finishing work are not part of the order. They shall only be carried out against separate order placement and invoicing. Parts delivered by us must be stored by the customer in a dry place and protected from the effects of the weather and damage. The customer must carry out unloading work at his own expense. Existing installations must be protected against damage by the customer. The customer must ensure that installation is possible on the date agreed with us and, in particular, that all necessary preparatory work has been completed. The customer must confirm to us in writing at least two weeks before the agreed date that the installation will be possible on this date. We are entitled to refuse to commence installation if the aforementioned requirements are not met. A service is deemed to have been accepted six working days after the start of use.
Upon request, the customer is obliged to sign and return to us a certificate of acceptance submitted by us after completion of the installation and acceptance of the service. Parts that have not yet been permanently installed by the time assembly is completed may be handed over to the customer. They must be specially noted in the acceptance certificate.
Employees deployed by us for installation are not authorised to make legal declarations.

3. delivery, execution

Only the goods and services expressly stated in the order confirmation shall form part of the contract.
Delivery and execution deadlines must be expressly agreed with us. These deadlines shall not commence until all commercial and technical requirements for the execution of the order have been finalised, but not before the drawings submitted have been approved and any agreed advance payment has been received. Furthermore, the deadlines shall not commence until the customer has submitted the documents, authorisations, approvals etc. to be procured by him.
A deadline shall be deemed to have been met if the delivery item has left the factory or the customer has been notified of readiness for dispatch by the time it expires. The first change to the approval drawing is included in the scope of the order; further changes will be charged at cost. If the delivery is delayed for reasons for which the customer is responsible, the risk shall pass to the customer from the date of notification of readiness for dispatch. In this case, we shall be entitled to store the goods at the customer's expense and risk. Execution deadlines shall be deemed to have been met if the system can be put into use, even if individual deliveries or executions are not carried out until later.
Partial deliveries are permitted.
The agreed delivery and execution deadlines shall be extended appropriately if circumstances arise after conclusion of the contract which prevent timely fulfilment of the contract and which we are unable to avert despite taking reasonable care in the circumstances. These include, in particular, operational disruptions, labour disputes, official interventions, delays in the delivery of raw materials and building materials essential to us, energy shortages, war, pandemics, significant price changes in raw materials and building materials and the like.
If such impediments to performance subsequently render the delivery or execution impossible for us (also economically), or if such impediments to performance cannot be eliminated within a reasonable period of time, we shall be entitled to withdraw from the contract. In this case, the customer shall be released from his obligation to perform. Further claims of the customer are excluded. Otherwise, the customer's claims due to delay or impossibility of delivery or performance shall be limited to a maximum of 12% of the invoice value of the goods or service with which we are in default or which has culpably become impossible for us. This limitation of liability does not apply to cases in which we are legally liable due to intent or gross negligence. The burden of proof for any fault shall be borne by the customer.
Delivery shall be at the customer's risk. This shall also apply if carriage paid delivery or installation is contractually owed.
At the customer's request, insurance against transport damage, transport loss or breakage will be taken out in his name and for his account. Any claims for damages due to transport damage etc. must be asserted by the customer directly against the carrier or, if possible, against the insurance company.
If the delivery is made at the customer's expense, we are free to use our own company vehicles for the delivery. In this case, we are entitled to charge reasonable travelling expenses.
The goods shall be packaged as is customary in the industry. Unless otherwise contractually agreed, the packaging shall be charged at the lowest possible price and shall not be returned.
If, at our request, the packaging material is returned in perfect condition and carriage paid, the customer shall be issued with a credit note for 2/3 of the invoiced value. Claims arising from defects in the packaging cannot be asserted against us if the packaging has been carried out with the necessary care and in the manner customary for us.

4. prices - terms of payment

All prices for deliveries are ex works excluding packaging, shipping and transport costs and postal charges. Cartage, storage charges and similar costs shall be borne by the customer. If delivery and assembly have been agreed, the prices shall apply free site, including assembly costs, unless the contract provides otherwise.
The prices are net prices plus statutory VAT.
The agreed prices shall apply on condition that the delivery or service offered is ordered and accepted. In the case of partial orders or partial acceptance, we shall be entitled to invoice the resulting additional prices. We shall no longer be bound by the agreed prices if there are more than four months between the date of receipt of the order confirmation and the performance of the service by us and the customer is responsible for this delay. In this case, we are authorised to charge the current prices on the day of delivery or performance.
Should the labour costs change during the year due to collective agreement regulations in the industry or due to internal company agreements or other costs necessary for the provision of services (such as those of materials, energy, transport, external work, financing, etc.), KÄUFERLE.AT GmbH is entitled to adjust the prices accordingly. The adjustment is made to the extent that the actual production costs at the time of the conclusion of the contract change compared to those at the time of the actual provision of services, provided that we are not in default (price escalation clause).
Invoices are payable without deduction within 30 days of the invoice date. If instalments or payments on account have been agreed, these shall be payable within eight days of receipt of the demand letter. If the customer fails to make the instalment or part payment on time, we shall be entitled to suspend the delivery or service or to withdraw from the contract at our discretion. In the event of cancellation of the contract, we shall be entitled to claim the damages incurred by us, including loss of profit for the part of the order that was not carried out.
If the customer defaults on payment of due claims, all our claims against the customer from the same legal relationships that are not yet due shall also be deemed due. In the event of late payment, we are authorised to charge interest in accordance with § 456 UGB. The customer is free to prove that we have not suffered any damage caused by default or that the damage incurred is lower. The assertion of higher damages caused by default, to be proven in individual cases, is not excluded.
We are not obliged to accept bills of exchange or cheques and these are not accepted as means of payment.
If we become aware of sales which cast doubt on the customer's creditworthiness, we shall be entitled to declare all claims due immediately and to perform further deliveries and services only against advance payment. We may also, without withdrawing from the contract, prohibit the resale and processing of the delivered goods and demand the return of the goods at the customer's expense or take possession of them without the customer being entitled to a right of retention or similar right. We are entitled to utilise the returned goods by private sale to offset them against our outstanding claims. Irrespective of this, we reserve the right to withdraw from the contract or to demand compensation for non-fulfilment.
The goods remain the property of KÄUFERLE.AT GmbH until full payment has been received (see 8. Retention of title).
If damages can be claimed for non-fulfilment, our claim for damages shall amount to at least a lump sum of 20% of the agreed price. We reserve the right to claim damages in excess of this amount.
We are authorised to assign our claims. Offsetting against our claims is only possible with counterclaims recognised by us or legally established and is otherwise excluded.
A right of retention is excluded unless it is based on the same contractual relationship. In business transactions with entrepreneurs within the meaning of the Austrian Consumer Protection Act (KSchG), the assertion of a right of retention is generally excluded.

5. warranty

We guarantee that the material and workmanship are free of defects in accordance with the recognised rules of technology. We shall be liable for any defects in the delivery or service - including the absence of warranted characteristics - to the exclusion of further claims as follows:
At our discretion, those parts shall be repaired or replaced free of charge which prove to be unusable or significantly impaired in usability within six months (if the customer is a consumer within 12 months) as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, poor building materials, defective workmanship, etc. The customer shall be entitled to choose whether to accept the repair or replacement.
Defects must be reported to us in writing without delay, but at the latest within seven days - after receipt of the goods at the place of destination - and hidden defects within the same period after they have been recognised. If these deadlines are not met, any warranty claims of the customer shall lapse.
No liability is accepted for damage caused by the following reasons:
Unsuitable or improper use of the delivered items, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, the use of unsuitable equipment, lack of structural requirements, chemical, electrochemical or electrical influences, insofar as they are not attributable to our fault.
Furthermore, no warranty is assumed for delivery parts that are subject to excessive natural wear due to their material properties or type of use, e.g. seals, plastic bearings or similar.
As dyes can change over time, the warranty does not cover any colour changes.
If the customer does not grant us a reasonable period of time to carry out all warranty measures or replacement deliveries that appear necessary, all warranty claims shall lapse.
The warranty period for replacement deliveries and repairs is only three months. However, it shall run at least until the expiry of the original warranty period for the delivery or service.
Replaced parts become our property and can be taken possession of by us.
In the event that the customer is a consumer, the statutory provisions shall apply without restriction.

6. claims for damages and product liability

It is generally agreed between entrepreneurs that liability for material damage resulting from a product defect is excluded in accordance with § 8 PHG. In this case, the customer undertakes to transfer this exclusion of liability to his customers. KÄUFERLE.AT is not liable for the correctness of information about handling, operation or operation, as far as such are contained in brochures, technical descriptions or other instructions of the manufacturer. Any resulting damage is the responsibility of the manufacturer or importer and must be claimed directly from them.
In this case, KÄUFERLE.AT undertakes to assign any claims for compensation resulting from the contractual relationship with the importer or the manufacturer to the customer on request. The customer waives the assertion of claims for compensation for consequential damage for which KÄUFERLE.AT is responsible - with the exception of personal injury - as well as the assertion of lost profit, provided that KÄUFERLE.AT is not guilty of either wilful intent or gross negligence. The customer has to prove the existence of gross negligence and intent. Recourse claims in the sense of § 12 PHG are excluded, unless the person entitled to recourse proves that the error was caused in the sphere of KÄUFERLE.AT and was at least caused by gross negligence.

7. reservation of title

The items delivered by us shall remain our property until full payment of all claims arising from the business relationship with the customer, including all ancillary claims.
The customer is expressly authorised to sell the items delivered subject to retention of title. However, this shall only be within the scope of his normal business transactions and as long as he is not in arrears with his payments. The customer shall assign to us any claims arising from the sale of the goods subject to retention of title, including all ancillary rights, including profit margin and any assembly costs, upon conclusion of the contract. We hereby accept this assignment. The customer is authorised to collect the claim assigned to us with this advance assignment on our behalf, but at his own expense and risk, but only as long as he fulfils his obligations to us in accordance with the contract.
This authorisation may be revoked by us at any time. At our request, the customer shall be obliged to notify the third-party debtors of the assignment and to provide us with the information and documents required to assert our rights. In the event of any treatment or processing of the reserved goods by the customer, ownership of the combined items shall remain with the owner as long as they can be separated again. If it is not possible to restore the goods to their previous state or to separate them, the parties providing the material shall acquire joint ownership (cf. §§ 414 ABGB). Upon conclusion of the contract, the customer assigns to us any right of ownership or co-ownership of the new item that may accrue to him and shall store the new item for us with due commercial care, so that we acquire sole ownership of the new item created by processing in accordance with § 428 ABGB. The retention of title shall also apply to the goods processed in this way (see 8.).
Any pledging or transfer by way of security of the goods subject to our rights is excluded without our express consent. If the fulfilment, collection or securing of our claims is jeopardised by the seizure of our securities by third parties, the customer must inform us of this immediately. The customer shall provide us with all data that we require in order to be able to enforce our securities against third parties. In this case, we shall be entitled to take back the goods for safekeeping and at the risk and expense of the customer until our claims have been satisfied in full, without withdrawing from the contract.
If the customer defaults on a payment arising from the business relationship, we shall be entitled to demand the return of the goods subject to retention of title and to realise them to cover our claims by way of forced sale or by private sale. The proceeds of realisation shall be used to cover our claims, including the costs of legal action and the costs of realisation.
The customer shall be entitled to any surplus proceeds. Taking back the goods does not constitute cancellation of the contract.
If the value of the securities provided to us exceeds our claims by a total of more than 20%, we shall be obliged to release securities to the value of the excess amount at our discretion at the customer's request.

8 Place of fulfilment and jurisdiction

The place of fulfilment for both contracting parties is Wels. The contracting parties agree to Austrian, domestic jurisdiction. For all legal disputes arising between the contracting parties, the court with subject-matter and local jurisdiction for Wels is agreed. This shall also apply to actions on bills of exchange and cheques.
If the customer is an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction shall be Wels.
The statutory place of jurisdiction shall apply to consumers. If the domicile, habitual residence or place of employment of the customer as a consumer is not in Austria, the place of jurisdiction shall be Wels.
Austrian law shall apply to the exclusion of all conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.

9. right of cancellation of a consumer

If the customer is a consumer within the meaning of § 1 KSchG and the contract was concluded by distance selling or outside the business premises of KÄUFERLE.AT Gmbh, the customer is entitled to the following statutory right of cancellation:
Cancellation policy
Right of cancellation
The customer has the right to cancel this training contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise the right of cancellation, the customer must inform KÄUFERLE.AT GmbH, with registered office at Eisenfeldstraße 27, 4600 Wels, telephone: +43 7242 / 312 012, e-mail ema@ema-gmbh.at, by means of a clear declaration (e.g. a letter sent by post or e-mail) of his decision to cancel this contract. The customer may use the sample cancellation form (available at [link]), but this is not mandatory. If the customer makes use of this option, KÄUFERLE.AT GmbH will immediately send the customer a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.
Consequences of the cancellation:
If the customer cancels this contract, KÄUFERLE.AT GmbH must repay the customer all payments that KÄUFERLE.AT GmbH has received from him, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by KÄUFERLE.AT GmbH), immediately and at the latest within fourteen days from the day on which KÄUFERLE.AT GmbH received notification of the cancellation of this contract. For this repayment, KÄUFERLE.AT GmbH will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment.
If the customer has requested that the services should commence during the cancellation period, he shall pay KÄUFERLE.AT GmbH a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer informs KÄUFERLE.AT GmbH of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Exclusion of the right of cancellation
If KÄUFERLE.AT GmbH - on the basis of an express request by the customer and a confirmation by the customer of his knowledge of the loss of the right of cancellation in the event of complete fulfilment of the contract - has begun to fulfil the contract before the expiry of the cancellation period (cancellation period) and has then completely fulfilled the contract, the right of cancellation is excluded.

Sample cancellation form

If the customer wishes to cancel the contract in accordance with the above cancellation policy, the customer can complete this form and return it to KÄUFERLE.AT GmbH. However, the use of the form is not mandatory.

To
KÄUFERLE.AT GmbH
Eisenfeld Road 27
A-4600 Catfish
E-mail: info@kaeuferle.at

I/we (*) hereby revoke
the one from me/us (*)
contract concluded for
the provision of the following service(s):

______________________________________________________
Ordered on (*)
______________________________________________________
Name of the consumer(s)

______________________________________________________
Address of the consumer(s)

______________________________________________________
Signature of the consumer(s) (only for notification on paper)

______________________________________________________
date

(*) Delete as appropriate

10. final provisions
The customer is obliged to notify us of any changes to his residential or business address as long as the legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address. No waiver of these rights can be derived from the fact that we do not exercise individual or all rights accruing to us. Subject to technical changes! Illustrations used are symbolic photos. Prices of goods and services are exclusive of VAT. Prices without quantities are unit prices.
Should individual provisions of these GTC or contracts based on them be invalid in whole or in part, this shall not affect the validity of the remaining provisions of these GTC or the contracts. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic and actual intention of the invalid provision. This shall also apply to any necessary omission.

© KÄUFERLE.AT GmbH