Trading Conditions

I. The supplies, achievements and offers of the enterprise exclusively take place due to these trading conditions,we recognize opposing or conditions of the customer deviating from the trading conditions not on, it is, we expressly their validity would have agreed. Fulfillment of a contract actions to that extent deviating conditions as per contract are not considered on our part as agreement too from our conditions. These trading conditions are considered as skeleton agreement also to all further legal transactions between the Contracting Partiesto that extent deviating conditions as per contract are not considered on our part as agreement too from our conditions.

II. 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-tägige starting from entrance of the offer to it.

III. Price All prices specified by us are, soferne different one are 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 For lack of contrary agreement our demands are to be paid step by step against delivery of the commodity bar. Discount deductions require a separate agreement. In case of the delay of payment, also with partial payments, also possible discount payment agreements step repealed. 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 default of acceptance (point VII.) or other important reasons, like in particular bankruptcy of the customer or bankruptcy rejection for lack of fortune, as well as with delay of payment of the customer we are entitled to the cancellation of the contract, if it is from both sides not yet completely fulfilled. For the case of the resignation we have the choice with being to blame for the customer to desire a pauschalierten compensation of 15% of the gross invoice amount or substitution of the damage actually developed. With delay of payment of the customer we are relieved and entitled of all further achievement and Lieferungsverpflichtungen to demand still pending supplies or achievements restrainable and pre-payments and/or Sicherstellungen or withdraw after setting an appropriate respite from the contract.Footstep the customer - to be entitled without in addition - of the contract back or he desires his abolition, then we have the choice to insist or the abolition of the contract agree on the fulfilment of the contract

With conclusions of contracts in the remote paragraph ( §5aFF consumer law for the protection) the consumer can withdraw 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.

VI. Reminding and charges for collection The contracting party (customer) commits itself for the case of the delay, the creditor 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 / USD 13,65 as well as for the evidence attitude of the obligation in reminders per half-year an amount from € 4,00 / USD 5,00 to.

VII. Supply, transport, default of acceptance Our selling prices do not contain costs of feed, assembly or list. 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 branchenüblicher 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.

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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. Slight changes of achievement If it does not concern a consumer business, apply slight or other for our customers reasonable changes of our achievement and/or delivery obligation in front as approves. 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 more easily negligence impossible in cases. 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 are impossible, it are, the recourse-entitled prove the fact 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. Assignments of a claim In the case of supply under retention of title the customer steps us already 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 invoices 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 If it does not concern 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 gives his 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 vertragsgegenständliche 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