1. Quotation, order, price
1.1. The following sales and supply terms & conditions apply to all contracts concluded with us. Any rival terms & conditions are only binding on us if they are acknowledged by us in writing. This also applies in the event that a customer refers to its own purchasing terms & conditions. Oral agreements that contain an additional obligation upon us are only binding if they are confirmed by us in writing.
1.2. Our prices are subject to amendment. The measurements given in the pricelist correspond with the relevant applicable standards and will be amended in line with a change in the standard measurements.
1.3. Our prices are deemed to be ex works and to exclude the statutory Value Added Tax. Packaging, freight and transportation insurance costs are borne by the customer.
1.4. If goods are ordered by electronic means, we will confirm access to the customer's order without delay. Confirmation of access does not yet represent a binding declaration of acceptance of the order unless we expressly declare this. With goods ordered by electronic means we are entitled to accept the order within three working days of its receipt by us.
2. Payment terms, payment conditions, withdrawal
2.1. Our invoices are due for payment 30 days net following the invoice date without deduction. The purchase price is due immediately if the customer falls into arrears with us with other payment obligations. If the payment terms are exceeded, subject to a claim for further losses due to delayed payment, 12% interest on arrears will be charged from the due date until the date of payment.
2.2. The customer has a right of setoff only if its claims have been determined by action of law or acknowledged by us.
2.3. If the customer remains in arrears for longer than 30 days, if it is subject to distraints or attachments or if its asset situation deteriorates considerably, we are entitled to withdraw from all supply contracts not yet fulfilled or to demand payment in advance.
3.1. Part deliveries are permitted.
3.2. We make every effort to meet delivery times as exactly as possible. Delivery times are not binding. If the end of the delivery time falls within the period of the company holiday, the delivery time is extended by the duration of the company holiday. In any event, compensation claims or cancellation of the contract as a result of delayed delivery are excluded if they cannot be attributed to our severe gross negligence.
4. Transfer of risk
Dispatch is always at the customer's expense and risk. We are not liable for damage or losses in transit. In the absence of special dispatch instructions by the customer, we can make the dispatch by what we consider to be the best means. If the customer does not give any contrary instructions regarding insurance against damage in transit, this may be arranged by us at the customer's expense without further consent. However, we are not obliged to provide insurance cover.
5. Reservation of title
Regardless of the earlier transfer of risk, the goods delivered remain our property until full payment of all the customer's liabilities arising from the supply contract. As long as the goods are our property, the customer is not entitled to pledge the goods or assign them as security to a third party. If a third party threatens our property, we are to be informed of this without delay. If a bailiff intends to distrain the goods delivered, our ownership claims are to be put forward to the bailiff, quoting the name and address of our company. The customer must compensate us for all losses and costs that arise from breach of these obligations and for the intervention measures necessary against third party claims on the goods.
6. Guarantee, limitation of liability and release from liability
6.1. The customer must thoroughly inspect any delivery immediately upon receipt. Complaints about incomplete delivery or arising from defects discovered are to be reported in writing within 8 days following receipt of the individual deliveries, otherwise the delivery is deemed to be accepted without reservation and claims for these under the guarantee or for damage/losses are waived. The defect is to be clearly indicated as to its nature and extent so that we can clearly identify the basis of the complaint. The customer is obliged to look after the temporary storage of the goods complained about. In addition, we are liable for defects in the delivery with the exclusion of other claims, as follows: We may choose either to repair or replace free of charge all such parts that evidently become unusable or whose usability has been significantly affected as a result of a circumstance prevailing before the transfer of risk, in particular as a result of defective design, poor materials or defective work within six months counting from the delivery date. Normal wear and tear, incorrect treatment, excessive use, neglect and changes without our consent invalidate the guarantee. Guarantee claims can only by recognised if they are made to us in writing without delay after discovery of the fault. Such parts must be sent to us carriage paid. The replaced part becomes our property upon replacement delivery or issue of a credit note.
6.2. Outside the area of applicability of the Produkthaftungsgesetz (PHG, Product Liability Act) our liability is limited to deliberate act and severe gross negligence. Our liability for simple gross negligence and slight negligence, compensation for consequential loss and damage to property, savings not achieved, loss of interest and for losses arising from third party claims against the customer are excluded. Redress against us in accordance with § 12 PHG is excluded.
6.3. We are liable only for our own content on the website of our online shop. In so far as we provide access to other websites with links, we are not liable for the third party content contained therein. We do not adopt the third party content. If we become aware of illegal content on external websites, we will block access to these sites without delay.
7. Acceptance, call-off, return
7.1. Goods purchased on call-off are to be accepted within twelve months of the order date. In the event of them not being accepted on time, we are entitled to store the goods ready for dispatch at the customer's expense and risk and to invoice for them as if delivered including all costs incurred. In the event of delay in acceptance beyond the above-mentioned twelve-month period, we are in any event entitled to withdraw from the contract and to demand a 10% cancellation fee from the customer without prejudice to further claims.
7.2. Without exception, goods ordered are not taken back. Therefore returns are not accepted and they are returned at the customer's expense and risk.
8. Intellectual property rights, drawings, samples
The customer is liable for ensuring that the intellectual property rights of third parties, in particular trade mark, sample and patent rights and copyright, are not infringed by its specifications or by the use of drawings, samples and other implementation specifications provided to us. The customer is obliged to indemnify us against any losses or complaints arising from this. No liability is accepted for loss or damage to the documents provided to us. Insurance against this will only be taken out on the customer's express instruction and at its expense.
9. Data protection
9.1. With our "Data protection information" we inform our customers about:
10. General, place of fulfilment, place of jurisdiction, choice of law
10.1. The legal invalidity of a part of these sales and supply terms & conditions does not affect the remaining terms. It is the version of these STCs valid at the date of conclusion of the contract that applies in each case.
10.2. The place of fulfilment for delivery and payment is exclusively A 5412 Puch bei Hallein, in so far as not stated otherwise on the order confirmation.
10.3. Salzburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship, with the following exceptions:
10.4. These STCs and the contracts to be signed under these STCs are subject to Austrian property law, with the exclusion of the reference provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.5. Consumers' statutory rights under the Konsumentenschutzgesetz (Consumer Protection Act) are not restricted by the above-mentioned terms.
DATA PROTECTION INFORMATION
In the event of the conclusion of a contract, we record and process your personal data provided by you in our system and use these for the duration of the contract processing i.e. for the processing of the order and invoicing. Personal data means all information by means of which a person may be directly or indirectly identified e.g. name, home address, email address, date of birth, profession, account details etc.. For the purposes of advertising, market research and the design of our range in line with demand we produce and use anonymised use profiles. You have the right to object, which you can exercise vis-à-vis us at any time by a declaration by post / fax / email to us. We shall inform you free of charge of the personal data stored by us. You may ask us at any time to correct, delete or block your personal data stored by us. For the purposes and the duration of the creditworthiness check and to prevent payment default we pass on your personal data required for this purpose to companies engaged by us for this. For the purpose and for the duration of the dispatch of the goods, we also pass on your personal data required for this to the company engaged by us for this.
DATA PROTECTION LAW CONSENT
I hereby expressly consent to the recording, processing and use by Alpen-Maykestag GmbH and its subsidiaries of my personal data that I have provided in the order mask for purposes of its own marketing with me as the customer, for instance by the setup of a customer file. This consent may be withdrawn by me at any time with future effect.