Terms of Services
General Terms and Conditions (GTC) of Sassus GmbH
The deliveries, services and offers of our company are exclusively based on these terms and conditions.
II. conclusion of contract
A contract offer from a customer requires an order confirmation. The dispatch of the goods ordered by the customer shall also effect the conclusion of the contract. If offers are made to us, the offering party shall be bound by them for a reasonable period of at least 8 days from receipt of the offer. The following applies to all offers: while stocks last.
Unless otherwise expressly stated, all prices quoted by us are inclusive of the value added tax applicable in Austria.
IV. Terms of payment, interest on arrears
In the absence of any agreement to the contrary, our claims are to be paid in cash concurrently with the handover of the goods. Cash discounts are generally excluded. In the event of default in payment on the part of the customer, we shall be entitled, at our discretion, to demand compensation for the damage actually incurred or interest on arrears at the statutory rate. In the event of default in payment by the customer, our company shall also be entitled to demand compound interest from the date of handover of the goods.
V. Withdrawal from the contract
In the event of default of acceptance (clause VII.) or other important reasons, such as in particular bankruptcy of the customer or dismissal of bankruptcy for lack of assets, as well as in the event of default of payment by the customer, we shall be entitled to withdraw from the contract, insofar as it has not yet been completely fulfilled by both parties. In the event of withdrawal, we shall have the option, if the customer is at fault, to claim a lump-sum compensation of 10% of the gross invoice amount or compensation for the actual damage incurred. If the customer is in default of payment, we shall be released from all further obligations to perform and deliver and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, we have the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay, at our discretion, liquidated damages amounting to 10% of the gross invoice amount or the actual damage incurred.In the case of contracts concluded at a distance (§§ 5a et seq. Consumer Protection Act), the consumer may withdraw from the contract within 14 days. The period begins on the day of receipt of the goods by the consumer. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he shall bear the costs of returning the goods.
VI Reminder and collection charges
In the event of default, the contractual partner (customer) undertakes to reimburse the dunning and collection expenses incurred by the creditor, insofar as they are necessary for the appropriate prosecution, whereby he undertakes in particular to reimburse at most the fees of the collection agency engaged, which are derived from the BMwA ordinance on the maximum rates of fees payable to collection agencies. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of € 5 per reminder and an amount of € 3.90 per half-year for keeping the debt relationship on record in the dunning process.
VII Delivery, Transport, Default of Acceptance
Our sales prices do not include any costs for delivery. On request, however, we will provide or organise this service against separate payment. In this case, the actual costs incurred, including an appropriate overhead surcharge, but at least the freight and carriage charges for the selected mode of transport applicable or customary on the day of delivery, shall be invoiced. If the customer has not taken delivery of the goods as agreed (default in acceptance), we shall be entitled, after setting a grace period to no avail, either to store the goods on our premises, for which we shall charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the customer's expense and risk with an authorised tradesman. At the same time, we shall be entitled either to insist on fulfilment of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to dispose of the goods elsewhere.
VIII. Delivery period
We shall not be obliged to perform until the customer has fulfilled all his obligations required for performance, in particular all technical and contractual details, preparatory work and preparatory measures.We shall be entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired may the customer withdraw from the contract after setting a reasonable period of grace.
IX. Place of Performance
The place of performance is the registered office of our company.
X. Minor changes in performance
If the transaction is not a consumer transaction, minor changes or other changes to our performance or delivery obligations which are reasonable for our customers shall be deemed to have been approved in advance. This applies in particular to deviations due to the nature of the goods (e.g. in dimensions, colours, packaging, surface quality, structure, etc.).
XI. Compensation for Damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. If the transaction is not a consumer transaction, the limitation period for claims for damages shall be three years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
XII. Complaints, warranty, product liability
The goods must be inspected immediately upon acceptance. Quantity complaints can only be accepted immediately, quality complaints only within 5 days after delivery. The obligation to pay compensation for material damage resulting from the Product Liability Act Ö-BGBl. 99/1988 as well as product liability claims which can be derived from other provisions and any claims for compensation resulting from infringements of trademark rights are excluded. These limitations of liability shall be binding in their entirety on any purchasers, with the obligation to further bind them.
XIII Retention of title and its enforcement
All goods are delivered by us subject to retention of title and remain our property until full payment has been made. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, we shall be entitled to charge any transport and handling costs incurred. In the event of access by third parties to the reserved goods - in particular through seizure - the customer undertakes to draw attention to our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from us, he may not dispose of the reserved goods, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
XIV. Assignment of claims
In the event of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, on account of payment until final payment of our claims. Upon request, the customer shall name his buyers and notify them of the assignment in due time. The assignment is to be entered in the books of account, in particular in the open items list, and made visible to the customer on delivery notes, invoices, etc. The customer is to inform us of the assignment in good time. If the customer is in arrears with his payments to us, the sales proceeds received by him shall be segregated and the customer shall hold these only in our name. Any claims against an insurer are already now assigned to us within the limits of § 15 of the Insurance Contract Act.claims against us may not be assigned without our express consent.
If the transaction is not a consumer transaction, the customer shall not be entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint, except in cases of rescission.
XVI. Choice of Law, Place of Jurisdiction
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
XVII Data protection, change of address and copyright
The customer agrees that the personal data contained in the purchase contract may also be stored and processed by us with the aid of automated systems in the performance of this contract. The customer is obliged to notify us of any changes to his residential or business address as long as the legal transaction which is the subject of the contract has not been completely fulfilled by both parties. Plans, sketches or other technical documents, as well as samples, catalogues, brochures, illustrations and the like, shall always remain our intellectual property; the customer shall not be granted any rights of use or exploitation whatsoever.