General Terms and Conditions Senn Immobilien GmbH
SUBJECT MATTER OF THE CONTRACT
The subject of the contract are the goods specified in more detail in the order and in the order confirmation. For deliveries of Senn Beteiligungs GmbH (hereinafter referred to as Senn) the following terms and conditions apply exclusively, the contents of which are deemed to be accepted upon placing the order or upon acceptance of our offers, order confirmations and invoices. Other conditions are only permissible in case of explicit and written consent of KS. General terms and conditions of the customer are only accepted in case of explicit written consent of Senn. Offers are subject to change and non-binding. A contract is only concluded with the written confirmation of the placed order.
All prices are calculated according to the price list valid at the time of the order, they are net ex works without obligation. Shipping costs such as, in particular, packaging, transport costs, environmental charges and the statutory value added tax shall be borne by the customer. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed to have been issued by invoicing or delivery. Prices based on quotations can only be maintained if the quantities and qualities stated in the quotation remain unchanged. The prices are calculated on the basis of the costs decisive on the day of the offer. We reserve the right to adjust prices in the event of significant changes in the basis of calculation, such as changes in exchange rates, changes in freight rates, force majeure at our upstream suppliers, etc.
DELIVERY, PACKAGING, TRANSFER OF RISK
If no special instructions are given by the customer - the (additional) costs of which are to be borne by the customer - shipment and packaging are carried out at the discretion of Senn, but uninsured (also in the case of franko delivery) and for the account and at the risk of the recipient. The risk is transferred as soon as the goods are made available. The transport risk is therefore borne by the purchaser in any case. Storage measures for goods on call shall be borne by and at the expense of the customer. Delivery periods shall generally commence on the date of our order confirmation, unless they are dependent on advance performance by the customer. In the event that promised delivery dates are exceeded due to force majeure or other circumstances for which we are not negligently responsible, no claims whatsoever can be made by the customer. The indication of expected delivery dates is non-binding. Goods ordered on call are to be accepted within twelve months at the longest from the date of the order. After expiry of this period, we shall be entitled, at our discretion, to deliver the goods or to cancel the order and to claim a cancellation fee of 15 % of the gross order value, which shall not be subject to judicial mitigation. We reserve the right to claim damages in excess thereof.
If the customer cancels the order or withdraws from the contract without justification, it is at Senn's discretion to insist on the contract being kept or to accept the cancellation or withdrawal. In the latter case, the customer shall in any event be obliged to pay a cancellation fee of 15 % of the gross order value, which is not subject to judicial mitigation. The right to claim further damages is also reserved.
DELIVERY OF CUSTOM-MADE PRODUCTS
For manufacturing reasons, we are entitled to over- or under-deliver 10 % of the ordered quantity for custom-made products. For custom-made products, only the prices according to the offer apply.
RESERVATION OF TITLE
The goods remain our property until full payment of the purchase price including any interest and collection costs, in the case of payments by bill of exchange or cheque until the bill of exchange or cheque has been honoured. Extended retention of title shall be deemed to have been agreed. The goods shall remain our property even after processing, transformation or combination or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to offer them as security or to let them be used in any other way. If, contrary to this prohibition, our goods are nevertheless sold by the customer, our retention of title shall extend to the customer's claims resulting from this sale. We are to be informed immediately in the event of seizure of the same. Attached property labels may not be removed until payment has been made in full. The buyer's claims against the third party shall be deemed to have been irrevocably assigned to us as soon as they arise and the buyer shall be obliged to inform us of his customers on request in the event of an existing extended reservation of title.
Our terms of payment are 10 days 2 % discount or 30 days net without deduction, calculated from the date of invoice. After 30 days we are entitled to charge 12 % interest on arrears. As a matter of principle, invoices will only be issued in EURO. The acceptance of acceptances or cheques shall be at our sole discretion and shall always be on account of payment only. All charges and interest in this connection shall be borne by the customer. In the event of default in payment, the customer also undertakes to reimburse the dunning charges incurred by a collection agency in accordance with the guidelines and/or the costs of legal reminders.
For a period of six months from the date of handover, we provide a full warranty that the delivered goods are free from manufacturing or material defects. It is agreed that the right to warranty must be asserted in court within six months and the presumption of defectiveness at the time of handover does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to give written notice of any defect without delay, otherwise warranty claims shall lapse. Furthermore, there are no warranty claims if Senn has been informed incorrectly or incompletely about the operational framework and conditions of use of the goods, if these are subsequently changed or if the purchaser makes changes or repairs to the items delivered by us without our written consent. In the event of a justified complaint, we shall, at our discretion, either remedy the defects or deliver replacement goods free of defects. There shall be no other claims under the title of warranty, unless they fall under the Product Liability Act. Any claim under the title of damages, in particular for consequential damages, loss of profit as well as personal injury or property damage and damage caused by passing on to third parties. Claims for cancellation of the purchase or reduction of the purchase price are excluded. A set-off of the purchaser against claims of Senn is excluded.
COPYRIGHT, PATENT, DESIGN AND TRADEMARK RIGHTS
Plans, drawings, sketches and other technical documents as well as samples, catalogues, brochures and the like remain our intellectual property and are subject to the protection of the relevant legal provisions regarding reproduction, competition, etc.. They may not be used, reproduced or made accessible to third parties without our written consent.
PLACE OF JURISDICTION, PLACE OF PERFORMANCE
The place of performance and the agreed and exclusive place of jurisdiction for all disputes concerning all services arising from the contracts concluded or initiated with us is the BG Kufstein. The exclusive application of Austrian law is agreed.
If you have any further questions regarding our general terms and conditions (AGB), please do not hesitate to contact us from Monday to Thursday from 8.00 to 17.00 and Friday from 8.00 to 14.30.