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, as communicated to the contractual partner, apply. By placing an order, our general terms and conditions are accepted without reservation and the purchaser simultaneously waives the application of any deviating purchasing conditions. Agreements deviating from our general terms and conditions or our catalog information are only valid with our written confirmation.
1.2. The following delivery and payment conditions apply to all products in our range.
1.3. Deviations from these terms of delivery and payment, in particular the validity of the buyer’s purchasing regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only deemed to be concluded when we send a written order confirmation.
2. Delivery
2.1. The delivery times stated are non-binding. We will endeavour to adhere to the delivery dates stated in the respective order confirmation. The agreement of "fixed dates" (Section 376 of the German Commercial Code) must be in writing to be effective.
2.2. If the buyer is in arrears with an obligation, our obligation to deliver shall also be suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract for the part not yet fulfilled. Strikes, lockouts or other circumstances that make delivery significantly more difficult or otherwise
impossible, regardless of whether they occur with us or with the manufacturer. The buyer can demand 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 declaration, the buyer can withdraw. No other claims exist.
2.4. We are not liable for missed deadlines for reasons beyond our immediate control; otherwise, we are only liable for delays if we are guilty of 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 entitle the buyer to make a complaint.
2.6. All packaging is exempt from ARA. The packaging materials can be deposited free of charge at a regional collection point if they are sorted and uncontaminated. We accept returns of transport packaging, but they must be sent free to our warehouse.
3. Prices
3.1. All prices stated in the catalogue 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). Offers that are separately marked as such are excluded from this. For orders with a net order value of less than EUR 100.00, we reserve the right to charge a processing fee of EUR 10.00.
3.2. We reserve the right to change prices at any time. We are also entitled, at our own discretion, to only make deliveries against cash on delivery or advance payment. Transport and packaging costs will be charged separately according to expenditure.
3.3 The prices do not allow for any deduction of 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 upon our written order acceptance (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 of the date of our order confirmation, otherwise the deviations will be accepted by him 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% is to be paid when the order is placed or 50% before delivery if the goods are not in stock. For goods in stock, 100% is also to be paid before delivery.
5.2. Any bank charges incurred must be borne by the buyer. All bank charges charged to us by the customer will be invoiced subsequently.
5.3. In the event of late payment, default interest of 8% (eight percent) above the 3-month EURIBOR is deemed to have been agreed. In the event of late payment, we are also entitled to demand reimbursement from the buyer for the reminder costs incurred by us (including those incurred by engaging a debt collection agency and legal intervention to the extent stipulated in the tariff). The retention of payments to us, for whatever reason, or the offsetting of these against counterclaims is excluded.
5.4. The Buyer shall not have any right to refuse performance or to withhold payment.
5.5. In the event of late payment and reasonable doubts about the Buyer's ability to pay and creditworthiness, we are entitled - without prejudice to other rights - to demand security or advance payments for outstanding deliveries and to make all claims arising from the business relationship immediately due.
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 deliver to the end customer directly and under our own delivery and payment conditions. 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 an order, the customer agrees to the invoice being created and sent 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 of delivery, assembly or installation. However, we will provide these services upon request for a separate payment.
6.2. We will endeavour to take the buyer's wishes and interests into account with regard to the type and route of delivery; any additional costs resulting from this - even if freight-free delivery has been agreed - will be borne by the buyer.
6.3. The goods will be dispatched excluding 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 shall pass to the Buyer.
6.5. We are only obliged to take out transport insurance if the buyer expressly requests it. The buyer shall bear 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 entitled to dispose of the purchased goods in the ordinary course of business.
7.2. The buyer undertakes to sell the reserved goods only in the ordinary course of business, in accordance with his normal terms and conditions and as long as he is not in default. He is only entitled to resell the goods on the condition 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 in such a case a third party's right of ownership remains, we acquire co-ownership in proportion to the invoice values of these combined goods.
7.4. The buyer hereby assigns to third parties any claims arising from the resale in full or in the amount of any co-ownership to them as security. He is authorized to collect these on their behalf until his authorization is revoked or payments to us are stopped. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the factor is simultaneously obliged to pay us the consideration in the amount of our share of the claim directly as long as we still have claims against the buyer.
7.5. The buyer must immediately notify us by registered letter of any access by third parties to the goods and claims 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 by us to third parties, nor transferred or assigned as security until the claims have been paid in full.
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 usual use. We accept no liability for defects or damage caused by non-compliance with the respective operating instructions, by natural forces, 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, and defects that are not immediately apparent must be reported within three days of their discovery. If a defect is reported on time, we will, at our discretion, repair the goods free of charge, reduce the price or replace the goods within a reasonable period of time. We will only accept further claims, in particular claims for damages, if they are based on intent or gross negligence.
8.4. Return of the defective goods is only permitted with our consent. The freight costs must be paid by the buyer. A refund will only be made in the event of a justified complaint.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient in the interests of speedy processing; this is particularly the case if delivery times differ significantly for different products in an order. When the ordered goods are handed over to the freight carrier, we have fulfilled our delivery obligation and the risk is transferred to the buyer. No transport insurance is taken out. The buyer is obliged to check the goods for integrity and completeness immediately upon receipt. Damage and quantity discrepancies must be noted on the accompanying shipping documents and immediately communicated to us in writing.
10. Data storage
By placing the order, the customer agrees to the electronic storage and processing of the personal and company data provided to us.
11. Applicable law and jurisdiction
Austrian law applies exclusively to legal transactions under these terms and conditions. In the case of cross-border legal transactions or deliveries, the application of the UN Convention on Contracts for the International Sale of Goods (BGBl. 1988/86 in the currently valid version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with jurisdiction for A-Klagenfurt is agreed.
12. General
Should individual provisions of these General Terms and Conditions be partially or completely invalid, this shall not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important data
EUtech GmbH
Gewerbestrasse 4
9020 Klagenfurt am Wörthersee
Austria
Company registration 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, as communicated to the contractual partner, apply. By placing an order, our general terms and conditions are accepted without reservation and the purchaser simultaneously waives the application of any deviating purchasing conditions. Agreements deviating from our general terms and conditions or our catalog information are only valid with our written confirmation.
1.2. The following delivery and payment conditions apply to all products in our range.
1.3. Deviations from these terms of delivery and payment, in particular the validity of the buyer’s purchasing regulations, require express written confirmation.
1.4. Our offers are non-binding. The contract is only deemed to be concluded when we send a written order confirmation.
2. Delivery
2.1. The delivery times stated are non-binding. We will endeavour to adhere to the delivery dates stated in the respective order confirmation. The agreement of "fixed dates" (Section 376 of the German Commercial Code) must be in writing to be effective.
2.2. If the buyer is in arrears with an obligation, our obligation to deliver shall also be suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract for the part not yet fulfilled. Strikes, lockouts or other circumstances that make delivery significantly more difficult or otherwise
impossible, regardless of whether they occur with us or with the manufacturer. The buyer can demand 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 declaration, the buyer can withdraw. No other claims exist.
2.4. We are not liable for missed deadlines for reasons beyond our immediate control; otherwise, we are only liable for delays if we are guilty of 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 entitle the buyer to make a complaint.
2.6. All packaging is exempt from ARA. The packaging materials can be deposited free of charge at a regional collection point if they are sorted and uncontaminated. We accept returns of transport packaging, but they must be sent free to our warehouse.
3. Prices
3.1. All prices stated in the catalogue 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). Offers that are separately marked as such are excluded from this. For orders with a net order value of less than EUR 100.00, we reserve the right to charge a processing fee of EUR 10.00.
3.2. We reserve the right to change prices at any time. We are also entitled, at our own discretion, to only make deliveries against cash on delivery or advance payment. Transport and packaging costs will be charged separately according to expenditure.
3.3 The prices do not allow for any deduction of 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 upon our written order acceptance (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 of the date of our order confirmation, otherwise the deviations will be accepted by him 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% is to be paid when the order is placed or 50% before delivery if the goods are not in stock. For goods in stock, 100% is also to be paid before delivery.
5.2. Any bank charges incurred must be borne by the buyer. All bank charges charged to us by the customer will be invoiced subsequently.
5.3. In the event of late payment, default interest of 8% (eight percent) above the 3-month EURIBOR is deemed to have been agreed. In the event of late payment, we are also entitled to demand reimbursement from the buyer for the reminder costs incurred by us (including those incurred by engaging a debt collection agency and legal intervention to the extent stipulated in the tariff). The retention of payments to us, for whatever reason, or the offsetting of these against counterclaims is excluded.
5.4. The Buyer shall not have any right to refuse performance or to withhold payment.
5.5. In the event of late payment and reasonable doubts about the Buyer's ability to pay and creditworthiness, we are entitled - without prejudice to other rights - to demand security or advance payments for outstanding deliveries and to make all claims arising from the business relationship immediately due.
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 deliver to the end customer directly and under our own delivery and payment conditions. 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 an order, the customer agrees to the invoice being created and sent 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 of delivery, assembly or installation. However, we will provide these services upon request for a separate payment.
6.2. We will endeavour to take the buyer's wishes and interests into account with regard to the type and route of delivery; any additional costs resulting from this - even if freight-free delivery has been agreed - will be borne by the buyer.
6.3. The goods will be dispatched excluding 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 shall pass to the Buyer.
6.5. We are only obliged to take out transport insurance if the buyer expressly requests it. The buyer shall bear 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 entitled to dispose of the purchased goods in the ordinary course of business.
7.2. The buyer undertakes to sell the reserved goods only in the ordinary course of business, in accordance with his normal terms and conditions and as long as he is not in default. He is only entitled to resell the goods on the condition 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 in such a case a third party's right of ownership remains, we acquire co-ownership in proportion to the invoice values of these combined goods.
7.4. The buyer hereby assigns to third parties any claims arising from the resale in full or in the amount of any co-ownership to them as security. He is authorized to collect these on their behalf until his authorization is revoked or payments to us are stopped. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the factor is simultaneously obliged to pay us the consideration in the amount of our share of the claim directly as long as we still have claims against the buyer.
7.5. The buyer must immediately notify us by registered letter of any third party access to goods and claims 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 by us to third parties, nor transferred or assigned as security until the claims have been paid in full.
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 usual use. We accept no liability for defects or damage caused by non-compliance with the respective operating instructions, by natural forces, 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, and defects that are not immediately apparent must be reported within three days of their discovery. If a defect is reported on time, we will, at our discretion, repair the goods free of charge, reduce the price or replace the goods within a reasonable period of time. We will only accept further claims, in particular claims for damages, if they are based on intent or gross negligence.
8.4. Return of the defective goods is only permitted with our consent. The freight costs must be paid by the buyer. A refund will only be made in the event of a justified complaint.
9. Delivery quantities, transport
We are entitled to make partial deliveries if this is expedient in the interests of speedy processing; this is particularly the case if delivery times differ significantly for different products in an order. When the ordered goods are handed over to the freight carrier, we have fulfilled our delivery obligation and the risk is transferred to the buyer. No transport insurance is taken out. The buyer is obliged to check the goods for integrity and completeness immediately upon receipt. Damage and quantity discrepancies must be noted on the accompanying shipping documents and immediately communicated to us in writing.
10. Data storage
By placing the order, the customer agrees to the electronic storage and processing of the personal and company data provided to us.
11. Applicable law and jurisdiction
Austrian law applies exclusively to legal transactions under these terms and conditions. In the case of cross-border legal transactions or deliveries, the application of the UN Convention on Contracts for the International Sale of Goods (BGBl. 1988/86 in the currently valid version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with jurisdiction for A-Klagenfurt is agreed.
12. General
Should individual provisions of these General Terms and Conditions be partially or completely invalid, this shall not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important data
Waterwave Whirlpool GmbH
Carlberger Gasse 66
1230 Vienna
Austria
Company registration number: FN473687z of the Regional Court of Klagenfurt
VAT number: ATU72418706
Bank: Raiffeisenbank Graz
IBAN: AT93 3843 9000 0082 7089
SWIFT/BIC: RZSTAT2G439