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The following General Terms and Conditions (TOS) apply to all our business transactions, contracts, deliveries, and other services. Our TOS exclusively govern these transactions. The customer’s purchase terms are excluded and not recognized. If the customer contradicts our purchase terms, the offer is considered rejected. Contrary or deviating conditions of the customer are not recognized unless we have explicitly agreed in writing to their validity. Our TOS apply even if we deliver to the customer without reservation, knowing that their terms conflict with or deviate from our own. In the case of orders with international customers, it is agreed that Austrian law applies to the entire business relationship, regardless of the legal basis. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental substantive law are generally excluded. The contract language for our business relationships is German unless otherwise agreed in writing. All agreements made between us and the customer in connection with the execution of this contract must be documented in writing. If one or more provisions of the TOS are or become invalid, regardless of the legal basis, the validity of the remaining TOS provisions is not affected.
Our terms and conditions apply to all offers and agreements, including all future transactions. They are recognized when the order is placed and, at the latest, when the goods we deliver are accepted without objection. The contract is concluded through the order confirmation by the supplier as well as the customer’s order. If the supplier does not confirm the customer’s order, and the ordered goods are sent to the customer, the order is considered accepted upon delivery of the goods along with the invoice and/or delivery note. Our offers are non-binding and become legally effective only with our written order confirmation unless stated otherwise in the order confirmation. Contracts and assurances of any kind are only binding if they have been confirmed in writing by us. Offers are considered accepted when the delivery is made, or the offer is confirmed by us within 14 days. The information, drawings, illustrations, technical data, and other descriptions contained in our brochures, catalogs, circulars, etc. are non-binding. We reserve the right to make reasonable changes to the delivery.
Unless otherwise stated in the order confirmation, our prices are ex works/warehouse, excluding packaging. Our invoices are due for payment immediately, no later than 2 days from the invoice date unless otherwise agreed. Value-added tax will be added according to the currently applicable statutory provisions. Delivery is typically made against cash on delivery. Credits by checks are subject to availability, minus expenses, as of the day when we can dispose of the equivalent. Payments by bill of exchange are not accepted. Any agreed cash discounts are not granted if the customer is in arrears with payment of previous invoices. If the customer is a business entity, we are entitled to initially credit payments to older debts. We reserve the right to increase prices in contracts with an agreed delivery time of 4 months due to cost increases, especially due to collective bargaining agreements, increases in material prices, or inflation. If the increase is more than 5% of the agreed price, the customer has the right to terminate the contract. Deductions for cash discounts require a special written agreement. If the customer is in default of payment (exceeding the agreed payment deadline), we are entitled to claim interest on arrears at a rate of 8% above the current base rate. This applies to private consumers as well. If we can prove a higher default damage, we are entitled to claim it. If the customer is a business entity, withholding payments due to complaints about defects or other claims that are not recognized by the supplier or not legally established is excluded. The customer has the right to set off claims only if they have been legally established, are undisputed, or have been recognized by us. Furthermore, the exercise of a right of retention is only permissible to the extent that the counterclaim is based on the same contractual relationship.
The start of the delivery time stated by us assumes the clarification of all technical questions. Delivery times and dates are only approximate unless expressly designated as binding and are an essential part of the contract. Delivery times of up to 4 weeks without prior notice are considered common in the market and do not give the buyer the right to withdraw from the order. If we are delayed, the customer must grant us a reasonable extension, but at least 14 days. The delivery time is extended, even within a delivery delay, if unforeseeable obstacles occur that we could not have prevented despite the reasonable diligence required in the circumstances, whether they occurred at our premises or with our subcontractors, such as operational disruptions, government interventions, labor disputes, delays in the delivery of raw materials, and the like. If the delivery or performance is made impossible due to these circumstances, we are released from the delivery obligation, and any claims for damages or customer’s right to withdrawal will have the same legal effects for their acceptance obligation. We are entitled to partial deliveries to a reasonable extent. Industry-standard excess or short deliveries of the ordered quantities of up to 10% are permissible. If the customer’s request delays the shipment, we will charge the customer the costs incurred due to storage starting two weeks after the notification of readiness to ship. However, we have the right to deliver the goods elsewhere after setting a reasonable extended deadline and to deliver the goods to the customer with a reasonably extended deadline. If we are in default, our liability for damages is limited to 15% of the foreseeable damages in cases of slight negligence. Further claims for damages require that the cause of the delay is intentional or grossly negligent. If the customer is a business entity, our liability for damages due to slight negligence is excluded. If the customer sets a reasonable grace period after we have already fallen into delay, the customer is entitled to withdraw from the contract if this grace period expires without results. The fulfillment of our delivery obligation presupposes
the timely and proper fulfillment of the customer’s obligations. If the customer is in default of acceptance or violates other obligations to cooperate, we are entitled to demand damages for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the object of sale passes to the customer when the customer defaults on acceptance. Unsolicited return of goods does not constitute withdrawal from the purchase contract. Any claims beyond this, particularly claims for damages of any kind, are excluded unless they are due to willful or grossly negligent behavior.
The delivered goods remain the property of the supplier until the full payment of the purchase price and all claims arising from the entire business relationship, regardless of their type. The transfer of ownership only takes place when all amounts provided for in payment or checks, including all ancillary costs, are settled. Payment by check or check procedure is considered payment only on the day of redemption. When reselling the goods by the customer, the customer is obliged to retain ownership. The customer is not authorized to pledge or assign the goods to secure them in any case. Pledging or assignment as collateral is not permitted. Goods to which we have ownership are hereinafter referred to as reserved goods. The claims resulting from the sale of the reserved goods or for other legal reasons are already assigned to us by the customer as collateral. In this context, we irrevocably authorize the customer to collect the claims assigned to us in its name for its account. If the customer violates the contract or is in default, the supplier is entitled to take back the goods and the customer is obligated to return them. The disempowerment of the retention of title and the seizure by the supplier do not constitute withdrawal from the contract, unless the Prepayment Act applies. The customer is only entitled to resell the reserved goods in the course of ordinary business, whereby the customer assigns the arising claims to the supplier in full. The customer is entitled to process and sell the reserved goods in the ordinary course of business, provided that they are not in default. Upon our request, the customer will disclose the assignment and provide us with the necessary information and documents. If third parties access the reserved goods or impending access by third parties, the customer will inform them of our ownership and notify us immediately. The customer is also obliged to provide the names of the third-party debtors and the amounts of the claims upon request. The customer is also obliged to insure unpaid goods of the supplier against damages, especially fire, water, theft, and breakage, in case the above-mentioned retention of title regulation is not effective under the law of the export country, or must be supplemented or registered for its effectiveness. Thus, the supplier is entitled and the customer is obliged to specify a security agreement in accordance with the law of the export country and to carry out registration. If the importer is in default of payment, the supplier is entitled to take possession of the goods and load them separately or outside the customer’s business premises without thereby withdrawing from the contract. Processing or transformation is always carried out for us, but without any obligation for us. If our ownership expires due to the connection, mixing, or processing, it is already agreed that the ownership of the customer in the uniform object shall be transferred to us proportionally. The customer keeps our property free of charge.
Costs for shipping and packaging are at the expense of the buyer. Unless otherwise stated in the order confirmation, delivery is always agreed to be unfree. The risk passes to the customer as soon as the shipment has been handed over to the customer or a carrier, or has left our premises for shipment. If the customer wishes, delivery can be covered by transport insurance. The costs for this are borne by the customer, especially for express or air freight. If the shipment is delayed due to circumstances for which the customer is responsible, the risk transfers to the customer from the date of readiness for shipment, but the supplier is obliged to take out the insurance required by the customer, which the customer requests. Desired or packaging that we consider necessary (cardboard boxes or crates) will be invoiced to the customer and will not be taken back.
Complaints about defects must be made in writing (e.g., by letter, fax, email) or by returning the goods within one week after receiving the goods, especially for non-obvious defects. When defects are discovered, the processing and use must be stopped immediately. The customer must immediately provide us the opportunity to check the defects and, at our request, provide the disputed goods or samples to us. If this does not occur, all claims for defects are forfeited. In the case of justified complaints, we are only obliged to provide a replacement or, at our discretion, to pay the purchase price or provide a remedy. The warranty period for the replacement and rectification is three months; it is at least until the original warranty period for the item to be delivered. Any changes or repairs made to the disputed items without our express prior approval by the customer or third parties constitute a waiver of any liability for the resulting consequences. If we do not meet our obligation to provide a replacement or remedy, the customer can withdraw from the contract or demand a reduction. Other customer claims, especially claims for damages not incurred by the item delivered, are excluded. This limitation of liability does not apply in cases of intent or gross negligence by the owner or senior employees and in cases where liability is governed by the Product Liability Act for defects in the item that cause personal or property damage to privately used items. It also does not apply to defects in characteristics that have been expressly assured if the assurance has been made to secure the buyer against damage not caused to the item delivered. Warranty claims for new goods are subject to the statutory limitation period. Warranty for defects in used goods is excluded. Complaints are only possible with the presentation of the corresponding invoice copy and a written description of the error. In the case of unjustified complaints, the goods will be returned at full cost to the expenses incurred.
Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. For all disputes arising from a contract concluded with us, the exclusive jurisdiction of the Leibnitz District Court is agreed. The place of performance is
Leibnitz.
Customers who conclude the contract with us as entrepreneurs do not have a right of withdrawal in accordance with § 5e KSchG. The following instruction is only valid for Austrian consumers.
If you conclude the contract with us as a consumer, you can withdraw from the contract within 7 working days without giving reasons in writing (e.g., letter, fax, email) or by returning the goods. The withdrawal period begins for contracts for the delivery of goods upon delivery of the goods to the consumer, for contracts for the provision of services on the day the contract is concluded. The timely dispatch of the withdrawal declaration or the goods is sufficient to meet the withdrawal deadline. The withdrawal declaration is to be sent to:
Birgit Flucher / bconsult
Fuxweg 23/3
Mobile phone: +43 664 780 20 40
Email: birgit@bconsult.at
If you have exercised your right of withdrawal, you must return the goods already delivered immediately, but no later than within 14 days, at your own risk and cost. The return address is:
Birgit Flucher / bconsult
Fuxweg 23/3, 8430 Leibnitz – Austria
We will refund you payments already made against the return of the goods. If the return of the goods is impossible or inappropriate, you must compensate us for the value of the goods to the extent that you derive a clear and predominant benefit from the goods. If you have used the goods, you also owe us an appropriate fee for use and compensation for the value decrease due to the use.
A right of withdrawal does not exist
•for contracts for the delivery of goods that are made according to customer specifications or clearly tailored to the personal needs of the customer,
•for contracts for goods that are not suitable for return due to their nature,
•for contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer,
•in all other legally regulated cases.
Terms of Service, October 2023
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