GTC

General Terms and Conditions of Sale

I. GENERAL

These General Terms and Conditions are an integral part of any contracts (e.g. purchase of supply contracts) established between Pichler GmbH and our customers;  we recognize opposing or conditions of the customer deviating from our trading conditions not on, it is, we expressly their validity would have agreed.  Fulfillment of a contract actions are not considered on our part to that extent as agreement too from our conditions deviating conditions as per contract.  These trading conditions are considered as skeleton agreement also to all further legal transactions between the Contracting Parties.

II. QUOTES and CONTRACT CONCLUSIONS

Conclusion of a contract a contract offer of a customer requires a confirmation of order.  Also mailing the commodity ordered by the customer causes the conclusion of a contract.  To us if offers are addressed, then the offering is, at least however period bound an appropriate for 8-taegige starting from entrance of the offer to it.

III. PRICES, PAYMENT CONDITIONS

Price all prices specified by us are, soferne different one is not expressly noted to understand exclusive value added tax.  Itself if the labour costs should due to collective-contractual regulations in the industry or in-plant conclusions or should itself other, for which relevant cost centres change calculation or for achievement production necessary costs like those for materials, energy, transportation, foreign work, financing etc., then we are entitled, the prices accordingly to be increased or reduced.  With consumer business point III. does not apply.

IV.  Terms of payment, interests of lack of contrary agreement are to be paid our demands course around course against delivery of the commodity bar.  Discount deductions require a separate agreement.  In the case of the delay of payment, also with partial payments, also possible discount payment agreements cease to apply.  Payments of the customer apply only with the time of the entrance on our trading account as performed out.  With delay of payment of the customer we are entitled to desire after our choice substitution of the damage or interests actually developed in legal height.  Our enterprise is justified in the case of the delay of payment of the customer to require starting from the day of the delivery of the commodity also compound interests.

V.  Contract resignation with conclusions of contracts in the remote paragraph (§ § ä FF consumer law for the protection) can withdraw the consumer from the contract within 7 working-days, whereby Saturdays not when working-days count.  The period begins with the day of the a being enough of the commodity with the consumer and/or with services with the day of the conclusion of a contract.  It is sufficient to mail the declaration of withdrawal within this period.  Back, he has to carry footstep of the consumers in accordance with this regulation of the contract the costs of the return of the commodity;  for the contract if a credit was locked, then it has to bear besides the cost of a necessary authentication of signatures as well as the deliveries (fees) for the granting of credit.  With services, with whose execution as agreed within 7 working-days at conclusion of a contract one begins, a resignation is not possible.

VI.  To reminding and charges for collection of the contracting parties (customer) it commits itself for the case of the delay, the creditor to developing reminding and charges for collection as far as they have necessary for the appropriate prosecution to replace whereby it obligates itself in the special to replace maximally the remuneration of the switched on collection agency itself the remuneration being entitled from the regulation of the BMwA over the maximum sales that collection agencies devoted.  If the creditor operates reminders, the debtor commits itself to pay per effected reminder an amount of € 10.90 as well as for the evidence attitude of the obligation in reminders per half-year an amount from € 3.63 to.

VII.  No costs of feed, assembly or list contain supply, transport, default of acceptance our selling prices.  When desired however these achievements are furnished and/or organized against separate payment by us.  For transport and/or feed the actually spent costs are charged for including an appropriate direction cost impact, at least however freight and driving wages of the selected mode of conveyance usual on the distribution day the valid or.  Assembly works are computed after expenditure of time, whereby a branchenueblicher man-hour set is considered as agreed upon.  If the customer did not take over the commodity as agreed upon (default of acceptance), we are entitled after unsuccessful respite setting to store the commodity either with us for which we charge for a storage fee of 0,1 % of the gross invoice amount per begun calender date, or at expense and danger of the customer with a Gewerbsmanne authorized to it to store.  At the same time we are entitled to exist either on fulfillment of a contract or after setting an appropriate for withdrawing at least 2 weeks comprehensive respite from the contract and for using the commodity otherwise.

VIII.  Time for delivery for the achievement execution we are only then obligated, as soon as the customer followed all his obligations, which are necessary for the execution, in particular all technical and contractual details, pre-working and preparation measures fulfilled.  We are entitled to exceed the agreed upon dates and times for delivery over up to one week.  Only at expiration of this term the customer can withdraw after setting an appropriate respite from the contract.

IX.  Place of delivery place of delivery is the seat of our enterprise.

X.  It concerns, is considered themselves slight changes of achievement not a consumer business slight or other changes of our achievement and/or delivery obligation reasonable for our customers in front as authorized.  This applies in particular to deviations due to the thing (e.g. with masses, colors, wood and veneer picture, grain and structure, etc.).

XI.  Compensation all requirements for compensation are in cases more easily impossible negligence.  This does not apply to personal injuries and/or with consumer business to damage on for treatment taken over things.  Being present easier and/or rough negligence has, if it does not concern a consumer business, to prove the damage.  If it does not concern a consumer business, then the period of limitation of requirements for compensation amounts to three years starting from passage of the risk.  The regulations over compensation, otherwise contained in these trading conditions, agreed upon or, apply, even if the requirement for compensation apart from or in place of a warranty claim is made valid.  Before connection or transport of EDP-technical products and/or before installation of computer programs the customer is obligated to secure the volume of data already insisting on the computer system sufficiently otherwise it for missing data as well as for all damage which is connected with it the responsibility carrying has.

XII.  Product liability demands for recourse in the sense § 12 of the product liability law it is impossible, is, the recourse-entitled proves that the error in our sphere caused and at least roughly negligently was to blame for.

XIII.  Retention of title and its asserting all goods are supplied by us under retention of title and remain up to the complete payment our property.  In the asserting of the retention of title a cancellation of the contract lies only if this is expressly explained.  With goods cancelling we are entitled to charge resulted transportation and manipulation expenses.  With accesses third on the reservation commodity - in particular by seizing - commits itself the customer to refer to our property and inform us immediately.  If the customer is consumers or no entrepreneur, to whose tidy business concern the trade with the goods acquired by us belongs, it may not have up to the complete payment of the open demand for purchase price the reservation commodity, not sell it in particular, pawns, to give away or lend.  The customer carries the full risk for the reservation commodity, in particular for the danger of the fall, the loss or the degradation.

XIV.  The customer steps us to assignments of a claim in the case of supply under retention of title already now its demands opposite of third, as far as these result from sale or processing of our goods, up to the final payment our demands as payment off.  The customer has to call us on demands its customers and to inform these in time from the assignment to.  The assignment is in the ledgers, in particular in the open posts - list to register and on delivery notes to make fakturen evident etc. the customer.  If the customer with its payments is us in relation to in the delay, then proceeds of sale which are received with him are to be separated and hold the customer these only in our name.  Possible requirements against an insurer surrendered 15 insurance contract law already now in the borders § to us.  Demands against us may not be retired without our express agreement.  XV.  Retention does not concern it a consumer business, then the customer is entitled with justified complaint except in the cases of the back completion not for the restraint of the entire, but only an appropriate part of the gross invoice amount.  XVI. right choice, area of jurisdiction it applies Austrian right.  The applicability of the UN Kaufrechtes is expressly excluded.  The contract language is German.  The Contracting Parties agree upon Austrian, domestic jurisdiction.  If it does not concern a consumer business, the court essentially responsible at the seat of our enterprise is exclusively locally responsible for the decision of all disputes developing from the present Treaty.

XVII.  Data security, change of address and copyright the customer give its agreement that also the personal data in fulfilment of the present Treaty, along-contained in the sales contract, are supported by automation stored and processed by us.  The customer is obligated to communicate to us changes of his living and/or business address as long as the vertragsgegenstaendliche legal transaction is not mutually completely fulfilled.  If the report is omitted, then explanations are considered also then as happened, if they are sent to the address communicated last.  Plans, sketches or other technical information remain always just like samples, catalogs, folders, illustrations and such a thing our mental property;  the customer receives to it none like always constituted to rights of exploitation or work use.

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