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Terms and Conditions
Owner:
Messrs. Gerhard FINK IMP-EXP
Liebenauer-Hauptstr. 189
8041 Graz / Austria
Tel: +43 650 4036821
Fax: +43 231123 9721
Email: office@diy-beamer.at
Tax No: 891/0686
UID.Nr.: ATU 38681306
1st Validity:
The supplies, services and offers our company solely on the basis of these Terms of opposing or deviating from our terms of conditions of customers we do not recognize, unless we have explicitly agreed to their validity. Contract actions on our part not apply insofar as the agreement to our deviant conditions of contract. These terms are considered framework agreement for all further legal transactions between the parties.
2nd Contract:
A contract offer from a customer requires an order confirmation. Also sending the goods ordered by the customer causes the conclusion of the contract.
3rd Terms of payment, arrears:
Payments of customers apply until the date of receipt to our business account than done.
4th Withdrawal of products:
Rückkaufanbote for credits and apply current prices. For returns of defective goods, the customer the cost of outward and return shipping to bear.
5th Left:
Consignments will only be sent against Vorkassa.
Dispatched to Germany and Austria through GLS.
Left into the übrgen EU countries via DHL.
There are the respective shipment prices of GLS / DHL.
6th Delivery time:
Performance execution, we are only obligated to the customer as soon as all its commitments, which are necessary for execution, have been met. We are entitled to the agreed deadlines and delivery times by up to a month to pass. Only after this deadline, the customer after setting a reasonable period of the contract.
7th Place of performance:
Place of performance is the headquarters of our company. (Graz)
8th Damages:
All claims for damages in cases of minor negligence. This does not apply to persons or damage to consumers for damage to shops for processing acceptances matters. The presence of lighter or gross negligence, provided it is not a consumer transaction, the injured party to prove. Is not a consumer business, it is the limitation of claims for damages three years from the transfer of risk. The terms and conditions contained in these or other provisions agreed on damages also apply if the claim alongside or instead of a warranty claim is made.
9th Product:
Reimbursement claims within the meaning of Section 12 product liability law are excluded, unless the creditor has recourse after that the errors in our sphere and caused at least gross negligence has been indebted.
10th Retention of title and its assertion:
For goods withdrawal, we are entitled to accrued transportation and handling charges to offset. The customer bears the full risk for the reserved goods, particularly for fear of Ganges, the loss or degradation.
11th Credit:
When delivering under retention of title occurs to us the customer is already his claims against third parties, provided by this sale or processing of our goods, until the final payment of our claims payment from. The client asked us to request its customers to call and this time of the assignment to be circumspect. The assignment is in the business books, especially in the open items - list and delivery notes, invoices, etc. The buyers appear to make. Is the customer with its payments to us in arrears, are with him abzusondern incoming sales and the customer has these names only in our Group. Any claims against an insurer are within the limits of Section 15 of Insurance Act already assigned to us. Claims may be against us without our explicit permission not be transferred.
12th Retention:
Is not a consumer business, the customer is in reasonably claim except in cases of restraint not to reverse the whole, but only a reasonable portion of the gross invoice amount authorized.
13th Choice of law, jurisdiction:
Austrian law is applicable. The applicability of the UN purchase right is explicitly excluded. The contract language is German. The Parties agree Austrian, domestic jurisdiction. Is not a consumer business, is to decide all from this contract dispute at the headquarters of our company factually competent court of exclusively jurisdiction.
14th Privacy, copyright and change of address:
The customer gave its consent that the purchase mitenthaltenen personal data in compliance with this agreement we automationsunterstützt stored and processed. The customer is obligated to changes in his residential or business address announce, as long as the contractual right business is not mutually fully met. Will the message, so even if statements are considered if they announced at the last address. Plans, drawings or other technical documents remain, as well as patterns, catalogs, brochures, pictures and the like always our intellectual property, the customer receives it does not work as always kind of use or exploitation rights.
15th Others:
All prices include 20% VAT. Errors and changes in price. For content and presentation of Internet sites to which we refer, or we may link, only the vendor or holder of the respective web sites themselves responsible.
16th Contract:
In the event of resignations, we have to fault the choice of the customer, liquidated damages of 15% of the gross invoice amount or the replacement of the actual damages to covet. For late payment of the customers we are from all other performance and delivery obligations and entitled to outstanding deliveries or services back and prepayments or seizures to demand or by setting a reasonable period of the contract. If the customer - without being entitled to do so - from the contract or seeking his removal, we have the choice to the fulfillment of the contract or the cancellation of the contract to agree in the latter case, the customer is required to comply with our choice a liquidated damages equal to 15% of the gross invoice amount or the actual damages to be paid. For distance contracts (§ 5a ff Consumer Protection Act), the consumer can withdraw from the contract within 7 working days to resign, while Saturdays not count as business days. The period begins with the date of receipt of the consumer goods or services with the date of contract. It suffices that statement resign within that period given. If the consumers under this provision from the contract, he has the cost of returning the product to bear. For services, with their execution as agreed within 7 working days from the contract started, is a resignation not possible.
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