Subsidiary to these T & C, the general delivery of the electrical and electronic industry in
Austria are amended.
The deliveries, services and offers of our company are subject to these terms. Conflicting or deviating from our Terms and Conditions of the customer we do not recognize, unless we have expressly agreed to their validity in writing. Contract actions on our part does not apply as agreement to deviate from our Terms and conditions.
Our offers are non-binding. Differing verbal commitments, cllateral agreements and the like to
these Terms and conditions or other written statements are not valid. The content of the
leaflets we use, promotional announcements, etc. is not part of the contract unless it was
explicitly reffered to. As far as not mentioned otherwise on the single pages of the catalog,
changes, especially of the denoted dimensions and weights are subject to change. The
illustrations are not binding. Errors and product Changes are subject to change.
Each order needs a written order confirmation for conclusion of contract.
All our prices are, unless especially stated otherwise, exclusive of VAT. We reserve the right to change prices and shall charge the date of delivery prices. All prices of bulbs are without bulb disposal costs and the amounts are all in €.
Unless otherwise agreed, our demands are payable within 8 days with 2% cash discount or within 14 days net from date of invoice. Customer payments apply only from the date of receipt to our business account. Unrightful discounts are deducted to offset.
In addition to general statutory provisions, we are entitled to rescind the contract even in
default of acceptance (section VII), or other important reasons. In the event of withdrawal, we
have the choice of a lump sum compensation of 15% of the gross invoice amount or the
compensation for the actual damage to covet fault on the customer.
In default of payment we are released and entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or possibly cancel the contract after a reasonable grace period from any further performance and delivery obligations.
In case of default, the customer has to replace the collection fees we incur a lump sum of 5.00 € plus postage per reminder and details necessary for the proper pursuit of dunning and collection costs.
From a net value of € 300,- delivery is free. In scheduled and express deliveries, the costs
incurred will be passed on. For quantities below the specified packaging units (PU) processing
fees are calculated corresponding to the appropriate expense.
If the customer has not accepted the goods as agreed (default of acceptance), we are entitled to insist on the fulfillment of the contract or withdraw from the contract after a reasonable period and use the products otherwise. We are authorized to carry out total or partial deliveries of customer orders. Our invoices for partial deliveries are payable from the date of invoice.
Without prejudice to the legal regulations, the risk of accidental loss or accidental deterioration anyway with the delivery to the carrier even passes on to the buyer even with free delivery.
The delivery periods begin to run from receipt of the signed order confirmation. To performing a
service, we are not obliged as soon as the customer has fulfilled all its obligations which are
necesseray for the execution complied with, in particular, has met all technical and contractual
details, preparatory work and measures.
We are entitled to exceed the agreed dates and delivery periods up to two weeks. The customer can only withdraw from the contract after this deadline, after setting a reasonable grace period.
If there are delays in deliveries due to unforeseen and involtunary events by us or our suppliers, the delivery time will be extended to a reasonable level. If delays take longer than two weeks or there will be a closure operation with us or our suppliers, we are entitled to withdraw from the contract. A claim for compensation because of late delivery is excluded, unless it is based on an intentional or grossly negligent breach of contract on our part or our vicarious agents.
Place of execution is the registered office of our company.
Minor or other for our customers reasonable changes in our contractual obligation or delivery commitment shall be deemed approved. This is especially the case for conditional variances as production related color and brightness variations.
Within the meaning of § 377 UGB (austrian law) the goods have to be examined immediatly after
delivery, within 3 business days at the latest. Any defects have to be discovered to us
immediatly, later discovered (hidden) defects within at least two business days of discovery
stating and extent of the defect notified in writing, otherwise the goods shall be deemed
Returned items by the customer can be carried out in consulation with us, the cost shall be borne by the customer. The issue of a credit note is only given after examination of returned goods by ourselves, and then only if the complaint is done right. Any agreement of proper and defective goods 15% handling fee will be charged by us.
All claims for compensations against us are exlcuded in case of ordinary negligence. The fault has to proved by the victim.
Compensation claims within the meaning of § 12 German Product Liability Act are excluded, unless the claimant can show that the error caused in our sphere and has been at least gross negligence.
All goods are delivered by us under retention of title and remain our property until full
payment. For return of goods we are - regardless of other claims - entitled to offset any
incurred transport and handilng costs.
If the purchaser manipulates or edits the delivered goods before fulfilling our requirements, he does not thereby aquire the property of it. We aquire joined ownership of the new created object by the ratio of the value of the goods to the other processed goods at the time of preperation or treatment provided by us.
The customer bears the full risk of the reserved goods, in particular the risk of destruction, loss or degradation.
For delivery under retention of title, the customer already now assings us his claims against third parties to the extent they arise through sale or proessing of our goods as payment until the final payment of our claims. If the customer fails to pay to us in default, the incoming sales revenue to be seperated and the customer only hold these in our name.
The customer is entitled to a warrantable claim, except in the case of rescission, not for restraint of the total, but only the appropriate portion of the gross invoice amount.
The contract language is German, Austrian law applies. The UN Convention on the International Sale of Goods is expressly excluded. The parties agree Austrian, domestic jurisdiction. For all disputes arising from this contract at the headquarters of our company is exclusively competent cour appointed.
The customer agrees that the personal data which are contained in the contract of sale are
automatically stored by us. He further agrees that email submissions such as information,
promotions and invitations are sent to his e-mail address. If he doesn't want to receive such
emails, he will tell us in writing.
The customer is obliged to notify us of any changes in their address or business address, as long as the legal business is not fulfilled by both parties. If the buyer fails to do so, statements shall be deemed to have been made, if they are sent to the last known address.
Plans, drawings or other technical documents - as well as samples, catalogs, brochures, illustrations, etc. - remain our intellectual property and the customer does not receive any kind of work use or exploitation rights.
If any provisions of thes Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The technical data are for general information only and are not guaranteed. Installation,
operation and maintenance of the operating instructions / technical instructions and the
instructions provided on the products are to be observed and use the product accordingly.
With LED's can be noted in particular that they are used only in a limited temperature range.