Imprint/AGB

I. Validity
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; we do not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. Contractual fulfilment on our part shall not be deemed to be consent to contractual conditions that deviate from our terms and conditions. These terms and conditions shall apply as Framework agreement also for all other legal transactions between the contracting parties.

II Conclusion of contract
A contract offer from a customer requires an order confirmation. The dispatch of the goods ordered by the customer also brings about the conclusion of the contract. If offers are submitted to us, the party submitting the offer shall be bound by it for a reasonable period of time, but at least 8 days from receipt of the offer.

III. Price
All of the above Prices areunless expressly stated otherwise, excluding sales tax to be understood. Section III. does not apply to consumer transactions.

IV. Terms of payment, interest on arrears
In the absence of an agreement to the contrary, our claims are to be paid in cash step by step against delivery of the goods. Cash discount deductions require a separate agreement. In the event of default in payment, including instalments, any discount agreements shall also cease to apply. Payments by the customer shall only be deemed to have been made when they are received in our business account.
If the customer is in default of payment, we shall be entitled, at our discretion, to demand compensation for the damage actually incurred or - insofar as it is not a credit transaction with consumers - to demand compensation for the damage actually incurred. interest on arrears in the amount of 10 % above the base rate of the Austrian National Bank.

V.Cancellation of contract
In the event of default of acceptance (Section VII.) or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy due to lack of assets, as well as default of payment by the customer, we are entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of cancellation, we shall have the option, if the customer is at fault, of lump-sum compensation of 15 % of the gross invoice amount or compensation for the damage actually incurred to desire. If the customer defaults on payment, we shall be released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and Advance payments resp. Demanding seizures 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 shall 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 shall be obliged, at our discretion, to pay a lump-sum compensation in
15% of the gross invoice amount or the damage actually incurred.

VI. Dunning 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 appropriate legal prosecution, whereby in the event that a debt collection agency is commissioned, it undertakes to reimburse the maximum remuneration resulting from the ordinance of the Federal Ministry of Economics and Labour on the maximum rates of remuneration due to debt collection agencies. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of € 12.00 per reminder sent and an amount of € 5.00 per half-year for keeping records of the debt relationship in the dunning process.

VII. Delivery, transport, default of acceptance
Unless otherwise agreed, our sales prices do not include delivery costs. On request, we will provide or organise delivery against separate payment. In this case, the actual costs incurred for transport or delivery, including a reasonable overhead surcharge, but at least the freight and carriage charges applicable or customary on the day of delivery for the selected mode of transport, shall be invoiced. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled, after unsuccessfully setting a grace period, to return the goods either to us to storefor which we have a Storage fee of 0.1 % of the gross invoice amount per calendar day or part thereof, or to store the goods at the expense and risk of the customer 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 are only obliged to perform the service as soon as the customer has fulfilled all his obligations.that are required for execution, has been complied within particular has fulfilled all technical and contractual details, preparatory work and preparatory measures.
We shall be entitled to extend the agreed dates and delivery periods. by up to one week. The customer may only withdraw from the contract after expiry of this period after setting a reasonable grace period.

IX. Place of fulfilment
The place of fulfilment is the registered office of our company.

X. Properties, intended use, data sheets
For the suitability of the products or services for a specific application or the purposes envisaged by the customer becomes No warranty or other liability adopted.
Product descriptions, data sheets and functional and application notes are drawn up and issued in the firm conviction that they are correct, but are based on mere experience, which is why their Accuracy not guaranteed or guaranteed. Due to the differences in application conditions, no general validity or liability can be derived from them. They therefore do not release the user from the obligation to carry out appropriate, careful and precise prior testing of the products for their suitability for the specific application envisaged..
If the transaction is not a consumer transaction, minor or other reasonable expenses for our customers shall apply. Changes of our performance or delivery obligation as approved in advance. This applies in particular to deviations caused by the item (e.g. in dimensions, colours, wood and veneer appearance, grain and structure, etc.).

XI. Warranty, obligation to inspect and give notice of defects
We fulfil the customer's warranty claims in all cases according to our choice either by replacement, repair within a reasonable period or price reduction. The customer may only request cancellation of the contract if the defect is significant, cannot be remedied by replacement or repair and a price reduction is not reasonable for the customer. Claims for damages by the customer aimed at remedying the defect by improvement or replacement can only be assertedwhen we work with the fulfilment of the warranty claims.
Warranty claims, if they concern movable goods, must be made within of one year from delivery of the item.
If the customer asserts the existence of a defect, any resulting claims, in particular for warranty or damages, can only be asserted, if the customer proves that the defect already existed at the time of delivery of the goods; this also applies within the first six months after delivery of the goods.
In addition, the customer must inspect the goods immediately after delivery, but within 6 working days at the latest, in accordance with §§ 377 f HGB (German Commercial Code). We must be notified in writing of any defects discovered without delay, but at the latest within 3 working days of their discovery, stating the nature and extent of the defect. Hidden defects must be reported in writing without delay, but at the latest within 3 working days of their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved.
Our warranty obligation shall expire in any case upon expiry of the warranty period; Any further special recourse of the customer in accordance with § 933b ABGB due to self-fulfilled warranty obligations is excluded.
None of the provisions of Section XI shall apply to consumer transactions.

XII. 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 Unless it is a consumer transaction, the injured party must prove this. If the transaction is not a consumer transaction, the liability for Consequential losses and pure financial losses at all excluded and for other damages to the content and scope of our respective Limited liability insuranceon the other hand, the Limitation period of claims for damages one year from 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.

XIII Product liability
Recourse claims within the meaning of Section 12 of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within our sphere of responsibility and was at least due to gross negligence.

XIV Retention of title and its assertion
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 retention of title shall only constitute a cancellation of the contract if this is expressly declared. If goods are 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 point out our ownership and to notify us immediately. Is the If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been settled in full, in particular he may not sell, pledge, give away or lend them. The customer shall bear the full risk for the reserved goodsin particular for the risk of destruction, loss or deterioration.

XV Assignment of claims
For delivery under 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 to us and inform them of the assignment in good time. The assignment shall be entered in the business books, in particular in the open items list, and shall be made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him shall be segregated and the customer shall only hold them in our name. Any claims against an insurer are already assigned to us within the limits of § 15 of the Insurance Contract Act.
Claims against us may not be assigned without our express consent.

XVI Retention, offsetting
If the transaction is not a consumer transaction, the customer shall, in the event of a justified complaint, except in cases of rescission shall not be entitled to withhold the entire but only an appropriate part of the gross invoice amount.
One Offsetting against our payment claims with counterclaims is only permissible if we have agreed to the offsetting in writing, but otherwise excluded. If it is a consumer transaction, offsetting is also possible without our consent in the event of our inability to pay or if the customer's counterclaim is legally related to our claim, has been established by a court or has been recognised by us.

XVII 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 to 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.

XVIII. Data protection, change of address and copyright
The customer gives his consent that the goods included in the purchase contract may also be personal data in fulfilment of this contract by us with the aid of automation stored and processed become.
The customer is obliged to to notify changes to his residential or business addressas long as the contractual legal transaction has not been completely fulfilled by both parties. If the Communication omittedapply Explanations even then as if they are sent to the last known address.
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 receive any rights to use or exploit them in any way whatsoever.