General Terms and Conditions
1. Validity of the General Terms and Conditions and Deviations
1.1 The following general terms and conditions apply to all present and future contracts between the customer and our company.
1.2 Deviations from these terms and conditions, in particular different terms and conditions of the customer, shall only apply if they are expressly recognised and confirmed by our company in writing. Conditions shall not become part of the contract even if the customer refers to them in a letter. Silence with regard to such conditions shall not be construed as our consent.
2. Offers, Cost Estimates
2.1 Unless otherwise stated, offers made by our company are subject to change without notice.
2.2 Cost estimates are only binding for our company if they have been prepared in writing. They do not oblige us to accept the order or to carry out the services listed in the cost estimate.
3. Placing of order
3.1 The nature and scope of the agreed services are set out in the contract and in these General Terms and Conditions on which the contract is based.
3.2 Changes and additions to the order require written confirmation by our company in order to be effective.
3.3 Our company is entitled to call in other, appropriately authorised professionals for the fulfilment of the contract.
4. Acceptance for safekeeping
4.1 All goods handed over by the customer to our company for storage will be subject to valuation. By entering into a storage contract after notification of the appraised value, the customer agrees to be bound by the appraisal.
4.2 All items in storage will be insured at the value notified to the customer.
4.3 Our company accepts no liability for compensation for special fondness or any emotional damage that may be associated with the damage or loss of a storage item, nor are these covered by the insurance taken out.
5. Shipping and risk
If the customer wishes the purchased goods to be sent to him, the method and route of dispatch will be agreed in writing, unless otherwise agreed.
otherwise agreed in writing, shall be determined by us. Unless otherwise agreed in writing, the
otherwise agreed in writing, the price risk shall pass to the buyer upon dispatch of the goods – or, in the event of default of acceptance by the buyer, upon
6 Warranty and compensation
6.1 Complaints and notices of defects are to be notified in writing without delay, otherwise approval of the delivery made.
6.2 Minor deviations due to the item being a natural product (e.g. in colours, structure, etc.) are to be tolerated by the customer.
6.3 As soon as the defect has been detected by the buyer, any further disposal of the goods without our express consent shall be inadmissible.
6.4 The assertion of the defect does not release the buyer from his payment obligation. In the event of defects, the customer may only demand rescission of the contract or a price reduction if fulfilment of the primary manufacturing claims (addition of what is missing, improvement or replacement) is impossible or only associated with disproportionate expense for the customer.
6.5 Delivery dates shall be met as far as possible, but are non-binding. Operational disruptions of any kind, impairments of the possibilities of fulfilment due to force majeure or similar events shall entitle the customer to cancel accepted obligations in whole or in part. Claims for compensation can therefore not be made.
7. Withdrawal from the contract
7.1 The unilateral cancellation of an order placed is not possible.
7.2 In the event of a delay in performance on the part of our company, the customer may only withdraw from the contract after a reasonable period of grace has been granted. The period of grace shall be notified to our company by registered letter.
7.3 The customer is obliged to accept partial deliveries, insofar as this is reasonable.
7.4 In the event of a delay on the part of the customer with regard to a partial performance incumbent upon him or a contractually agreed cooperation activity, which makes the fulfilment of the order by our company impossible or significantly hinders it, our company shall be entitled to withdraw from the contract. However, this does not change the existing fee claim of our company.
8. Protection of model designs
8.1 All drawings, model designs and documents of a similar nature prepared by us are protected by copyright and remain our intellectual property.
8.2 Any total or partial use, disclosure or repeated use by the customer or third parties without the consent of our company is not permitted and entitles our company to assert a contractual claim.
9. Retention of title
9.1 The goods delivered shall remain the property of our company until the purchase price due thereon has been paid in full.
9.2 In the event of default in payment, our company shall be entitled to demand the return of all goods delivered by us which have not yet been paid for, even without withdrawal from the contract.
9.3 Default in payment shall cause all our claims to become due.
9.4 Default interest of 1% p.m. shall be deemed agreed. In addition, the customer shall be obliged to compensate all damages for which he is responsible, in particular to bear the necessary costs of appropriate extrajudicial debt collection measures.
Any advice given by our employees is non-binding. Liability arising from such advice
is, as far as legally permissible, excluded,
11. Choice of law, place of jurisdiction
11.1 Contracts between the client and our company shall be governed exclusively by Austrian law.
11.2 The local jurisdiction of the competent court in Vienna shall be deemed agreed for all disputes arising from these contracts.
© Mag. Eduard Salzborn, RA, Stiftgasse 21/20, 1070 Wien