1. Scope of application
The following general terms and conditions apply to all business relations between our company and the customer.
2. Consumer transactions
Consumer transactions within the meaning of these general terms and conditions are legal transactions with a customer for whom the transaction does not relate to the operation of their company (Section 1 of the Austrian Consumer Protection Act).
3. Deviating conditions
If the underlying transaction does not involve a consumer transaction, conditions deviating from the written components of the contract must be provided in at least the form of written order confirmation in order to be enforceable in law.
4. Agreements made by employees
If our company is also bound by agreements made by employees of the company, as required under the Consumer Protection Act, in the interests of trouble-free business dealings it should be noted that an employee of our company is prohibited from making any agreements that deviate from these conditions.
5. Intellectual property
All documents, including but not limited to prospectuses, catalogues and prototypes, remain the intellectual property of our company. Any use or reproduction requires the express permission of our company.
Where the underlying transaction does not involve a consumer transaction, offers shall be considered binding only when they are made in writing.
7. Acceptance of an offer
A contract is only entered into when the offer is accepted by the customer. An offer prepared by our company can only be accepted with respect to the complete service offered. Where the underlying transaction does not involve a consumer transaction, deviations from this must be indicated in writing. Parts of the contract which are mutually agreed to remain open must be specified in the order confirmation.
8. Minor changes to services
Changes to the agreed service or divergences shall considered reasonable by the customer if they are minor and objectively justifiable.
9. Reminder and collection fees
In the event of a delay in fulfillment of contractual obligations by the customer, the customer shall compensate our company for any reminder and collection fees associated with any resulting prosecution, insofar as these are in appropriate proportion to the amount claimed. In particular, the customer shall reimburse the maximum amount to the debt collection agency, which shall be determined by a regulation of the Austrian Federal Minister for Economic Affairs concerning the maximum debt collection fees that may be charged. Furthermore, the customer shall pay a fee of €12 per reminder sent and, for as long as the debtor remains in default, a dunning in the amount of €4 per half year. Moreover, in the course of business conducted by the company, any additional damages must also be compensated, in particular damages that arise as a result of non-payment resulting in increased interest on any credit accounts with a contractor, regardless of where the fault may lie for the default of payment, if the contractor does not exercise his/her right to claim a contractual penalty of eight per cent per annum above the base lending rate as liquidated damages (see above).
10. Default interest
If the customer is in default of any payment, even through no fault of their own, compensation to our company for accrued credit charges shall be subject to the enforcement of possible additional damages calculated at a lending rate of eight per cent above the applicable base lending rate of the Central Bank of Europe. In customer transactions, the default interest rate is five percentage points above the base lending rate. In credit transactions with consumers, the default interest rate for the contractual payment consists of the agreed interest rate plus an additional five percentage points per annum. The entitlement to reminder and collection fees shall not be affected by this, and is an additional amount.
11. Changes of address
The contracting parties shall notify any change of address to the other party without delay. If this is not done, then the last known address of that party shall be used for all deliveries. Expenses incurred in tracing an address shall be defrayed by the party in default.
12. Court of jurisdiction
In the event of conflict arising from the contractual relationship of which these general terms and conditions are the basis, the court of jurisdiction is accepted as being the relevant court for the (main) office of our company.With respect to customer transactions, this applies to legal actions brought by our company against the customer only insofar as the customer, at the time of the conclusion of the contract, is located, regularly stays, or is employed within the area of this court’s jurisdiction. For legal actions brought by the customer against our company, the court of jurisdiction specified in the first sentence above shall also apply to all other statutory courts of jurisdiction.
13. Severability clause
If any individual provisions of these general terms and conditions should become invalid, the validity of all other provisions shall remain unaffected.