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. Upon 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 terms apply to all products in our range.
1.3. Deviations from these terms and conditions of delivery and payment, in particular the validity of the purchaser’s purchasing regulations, require express written confirmation.
1.4. Our offers are subject to change without notice. The contract is only deemed concluded upon our dispatch of a written order confirmation.
2. Delivery
2.1. The stated delivery deadlines are non-binding. We strive 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 delivery obligation shall also be suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the disruption and a reasonable start-up period, or to withdraw from the contract for the part not yet fulfilled. Strikes, lockouts, or other circumstances that significantly impede delivery or otherwise
impossible, regardless of whether they occur with us or with the manufacturer. The buyer may request a declaration from us stating whether it intends to withdraw from the contract or deliver within a reasonable period of time. If we do not provide this declaration, the buyer may withdraw from the contract. No other claims exist.
2.4. We are not liable for delays caused by reasons beyond our direct control; otherwise, we are only liable for delays caused by intent or gross negligence.
2.5. Any defects must be reported in writing within 3 days. Customary color variations and material tolerances do not constitute a defect and do not entitle the buyer to make a complaint.
2.6. All packaging is subject to ARA (Waste Disposal). 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 returned carriage paid to our warehouse.
3. Prices
3.1. All prices listed in the catalog and in our offer are in euros 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 specifically marked as such. 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. Furthermore, we are entitled, at our discretion, to make deliveries only against cash on delivery or advance payment. Transport and packaging costs will be invoiced separately based on actual costs.
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 subject to change without notice. Each individual legal transaction is only legally binding 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. The customer is entitled to cancel the order within two working days of the date of our order confirmation; otherwise, the deviations are accepted without reservation.
5. Payment
5.1. Payments up to an order value of €1,000.00 are due 100% in advance. For orders of €1,000.00 or more, 50% is due upon placing the order or 50% before delivery for non-stock items. For stock items, 100% is also due before delivery.
5.2. Any bank charges incurred shall be borne by the buyer. Any 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 shall be deemed agreed. Furthermore, in the event of late payment, we are entitled to demand reimbursement from the buyer for any reminder costs incurred (including those incurred through the involvement of a debt collection agency and legal intervention to the standard rate). The retention of payments to us, for whatever reason, or the offsetting of payments against counterclaims is excluded.
5.4. The Buyer shall not be entitled to refuse performance or to exercise a right of retention.
5.5. In the event of default in payment and reasonable doubts regarding the Buyer's solvency and creditworthiness, we are entitled - without prejudice to any 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 fails to provide the security or advance payments within a reasonable period of time, we shall be entitled to supply the end customer directly and subject to our own delivery and payment terms. In this case, the Buyer shall not be entitled to any discount, other remuneration, or compensation.
5.7. Invoices are sent electronically. By placing an order, the customer consents to the creation and delivery of invoices 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 fee.
6.2. We will endeavor to consider the buyer's wishes and interests regarding the shipping method and route; any resulting additional costs—even if freight-free delivery has been agreed—will be borne by the buyer.
6.3. The shipment of the goods is subject to exclusion of any liability, except in cases of gross negligence.
6.4. Upon handover to the freight forwarder or carrier, but at the latest upon leaving the warehouse, all risk shall pass to the Buyer.
6.5. We are only obligated to take out transport insurance upon the express request of the buyer. The buyer shall bear the costs.
7. Retention of title
7.1. Until full payment of all claims arising from the business relationship with the buyer, the sold goods remain our property. The buyer is authorized 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, subject to its normal terms and conditions, and as long as it is not in default. The buyer is only entitled to resell the goods subject to 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 resulting from the combination of the goods, at their full value. If, in such a case, a third-party right of ownership remains, we shall acquire co-ownership in proportion to the invoice value of these combined goods.
7.4. The buyer hereby assigns to third parties, as security, any claims against third parties arising from the resale, either in full or in the amount of any co-ownership. The buyer is authorized to collect these claims for their account until revocation or cessation of payments to us. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the factor is simultaneously obligated to pay us 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 to third parties, 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 shall be deemed accepted.
8.2. We provide a two-year warranty that our products meet the requirements for normal and customary use. We assume 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 similar events.
8.3. Defects must be reported in writing with a detailed description within three days of delivery; defects that are not immediately apparent must be reported within three days of their discovery. If the defect is reported within a timely manner, we will, at our discretion, repair the goods free of charge, reduce the price, or replace the goods within a reasonable period of time. Further claims, in particular claims for damages, will only be accepted if they are based on intent or gross negligence.
8.4. Returns of defective goods are only permitted with our consent. The buyer must cover the freight costs. Reimbursement will only be made in the event of a justified complaint.
9. Delivery quantities, transport
We reserve the right to make partial deliveries if this is expedient for the sake of speedy processing; this is particularly the case when delivery times differ significantly for different products within an order. Upon handover of the ordered goods 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 obligated to inspect the goods immediately upon receipt for damage and completeness. Any damage or quantity discrepancies must be noted on the accompanying shipping documents and reported to us immediately in writing.
10. Data storage
By placing an order, the customer agrees to the electronic storage and processing of the personal and company data provided to us.
11. Applicable law and place of jurisdiction
Legal transactions under these Terms and Conditions are governed exclusively by Austrian law. 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 applicable version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with subject-matter jurisdiction for Klagenfurt, Austria, is agreed.
12. General
Should individual provisions of these General Terms and Conditions be partially or wholly invalid, this shall not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important dates
EUtech GmbH
Gewerbestraße 4
9020 Klagenfurt am Wörthersee
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, as communicated to the contractual partner, apply. Upon 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 terms apply to all products in our range.
1.3. Deviations from these terms and conditions of delivery and payment, in particular the validity of the purchaser’s purchasing regulations, require express written confirmation.
1.4. Our offers are subject to change without notice. The contract is only deemed concluded upon our dispatch of a written order confirmation.
2. Delivery
2.1. The stated delivery deadlines are non-binding. We strive 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 delivery obligation shall also be suspended.
2.3. Events of force majeure entitle us to postpone delivery for the duration of the disruption and a reasonable start-up period, or to withdraw from the contract for the part not yet fulfilled. Strikes, lockouts, or other circumstances that significantly impede delivery or otherwise
impossible, regardless of whether they occur with us or with the manufacturer. The buyer may request a declaration from us stating whether it intends to withdraw from the contract or deliver within a reasonable period of time. If we do not provide this declaration, the buyer may withdraw from the contract. No other claims exist.
2.4. We are not liable for delays caused by reasons beyond our direct control; otherwise, we are only liable for delays caused by intent or gross negligence.
2.5. Any defects must be reported in writing within 3 days. Customary color variations and material tolerances do not constitute a defect and do not entitle the buyer to make a complaint.
2.6. All packaging is subject to ARA (Waste Disposal). 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 returned carriage paid to our warehouse.
3. Prices
3.1. All prices listed in the catalog and in our offer are in euros 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 specifically marked as such. 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. Furthermore, we are entitled, at our discretion, to make deliveries only against cash on delivery or advance payment. Transport and packaging costs will be invoiced separately based on actual costs.
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 subject to change without notice. Each individual legal transaction is only legally binding 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. The customer is entitled to cancel the order within two working days of the date of our order confirmation; otherwise, the deviations are accepted without reservation.
5. Payment
5.1. Payments up to an order value of €1,000.00 are due 100% in advance. For orders of €1,000.00 or more, 50% is due upon placing the order or 50% before delivery for non-stock items. For stock items, 100% is also due before delivery.
5.2. Any bank charges incurred shall be borne by the buyer. Any 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 shall be deemed agreed. Furthermore, in the event of late payment, we are entitled to demand reimbursement from the buyer for any reminder costs incurred (including those incurred through the involvement of a debt collection agency and legal intervention to the standard rate). The retention of payments to us, for whatever reason, or the offsetting of payments against counterclaims is excluded.
5.4. The Buyer shall not be entitled to refuse performance or to exercise a right of retention.
5.5. In the event of default in payment and reasonable doubts regarding the Buyer's solvency and creditworthiness, we are entitled - without prejudice to any 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 fails to provide the security or advance payments within a reasonable period of time, we shall be entitled to supply the end customer directly and subject to our own delivery and payment terms. In this case, the Buyer shall not be entitled to any discount, other remuneration, or compensation.
5.7. Invoices are sent electronically. By placing an order, the customer consents to the creation and delivery of invoices 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 fee.
6.2. We will endeavor to consider the buyer's wishes and interests regarding the shipping method and route; any resulting additional costs—even if freight-free delivery has been agreed—will be borne by the buyer.
6.3. The shipment of the goods is subject to exclusion of any liability, except in cases of gross negligence.
6.4. Upon handover to the freight forwarder or carrier, but at the latest upon leaving the warehouse, all risk shall pass to the Buyer.
6.5. We are only obligated to take out transport insurance upon the express request of the buyer. The buyer shall bear the costs.
7. Retention of title
7.1. Until full payment of all claims arising from the business relationship with the buyer, the sold goods remain our property. The buyer is authorized 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, subject to its normal terms and conditions, and as long as it is not in default. The buyer is only entitled to resell the goods subject to 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 resulting from the combination of the goods, at their full value. If, in such a case, a third-party right of ownership remains, we shall acquire co-ownership in proportion to the invoice value of these combined goods.
7.4. The buyer hereby assigns to third parties, as security, any claims against third parties arising from the resale, either in full or in the amount of any co-ownership. The buyer is authorized to collect these claims for their account until revocation or cessation of payments to us. The buyer is also not authorized to assign these claims for the purpose of factoring, unless the factor is simultaneously obligated to pay us 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 to third parties, 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 shall be deemed accepted.
8.2. We provide a two-year warranty that our products meet the requirements for normal and customary use. We assume 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 similar events.
8.3. Defects must be reported in writing with a detailed description within three days of delivery; defects that are not immediately apparent must be reported within three days of their discovery. If the defect is reported within a timely manner, we will, at our discretion, repair the goods free of charge, reduce the price, or replace the goods within a reasonable period of time. Further claims, in particular claims for damages, will only be accepted if they are based on intent or gross negligence.
8.4. Returns of defective goods are only permitted with our consent. The buyer must cover the freight costs. Reimbursement will only be made in the event of a justified complaint.
9. Delivery quantities, transport
We reserve the right to make partial deliveries if this is expedient for the sake of speedy processing; this is particularly the case when delivery times differ significantly for different products within an order. Upon handover of the ordered goods 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 obligated to inspect the goods immediately upon receipt for damage and completeness. Any damage or quantity discrepancies must be noted on the accompanying shipping documents and reported to us immediately in writing.
10. Data storage
By placing an order, the customer agrees to the electronic storage and processing of the personal and company data provided to us.
11. Applicable law and place of jurisdiction
Legal transactions under these Terms and Conditions are governed exclusively by Austrian law. 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 applicable version) is expressly excluded. For any disputes arising from this legal relationship, the exclusive jurisdiction of the court with subject-matter jurisdiction for Klagenfurt, Austria, is agreed.
12. General
Should individual provisions of these General Terms and Conditions be partially or wholly invalid, this shall not affect the legal validity of the remaining provisions of the respective legal transaction.
13. Important dates
Waterwave Whirlpool GmbH
Gewerbestraße 4
9020 Klagenfurt
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