Shop Name:Samen Schwarzenberger
 Inh. Erich Schwarzenberger e.U.
Products & Services:Trade in seeds, fertilizers, plant protection, pest control, horticultural products, and much more...
Member of the WKO:näher Informationen siehe diesen Link
street:Bahnhofstraße 32
postcode / city:6176 Völs
phone:+43 (0)512 303 333
fax:+43 (0)512 303 333 34
  
website:www.samen-schwarzenberger.com
E-mail:office@samen-schwarzenberger.com
Commercial register:18617d
Commercial court:Landesgericht Innsbruck
Authority acc. ECG:Bezirkshauptmannschaft Innsbruck Land
UID:ATU48598405
Headquarters:Völs
  
Information on online dispute resolution: In the first quarter of 2016, the EU Commission will provide an Internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The OS platform will be accessible via the following link: http://ec.europa.eu/consumers/odr
Photo Credits:Shutterstock, 123rf/Tirol Grafik, Tirol Marketing
Video on Homepage istockphoto.com © G-o-o-d-M-a-n, digithaler

Standard Conditions of Business

(hereinafter: “standard conditions”) of Samen Schwarzenberger Inh. Erich Schwarzenberger e. U., Bahnhofstr. 32, 6176 Völs (hereinafter: “Schwarzenberger”) for all business transactions between Schwarzenberger and Consumers

 

 

  1. Scope of Application

 

  • Schwarzenberger concludes contracts with its Consumers exclusively on the basis of these standard conditions.
  • Standard conditions, once agreed upon between Schwarzenberger and Consumers are valid for all current and future contracts between these parties. Further reference to these representational standard conditions is not necessary.
  • Cancellations, modifications, supplementations or amendments of contracts between Schwarzenberger and Consumer are only valid if in writing.

 

  1. Conclusion of Contract and Price Formation

 

  • Offers received by Schwarzenberger from its Consumers are only deemed accepted if acceptation is confirmed either by written letter of acceptance or by fulfillment of contract through Schwarzenberger.
  • Offers of Schwarzenberger are without obligation and can be altered or revoked by Schwarzenberger even after receipt of Consumer's answer. All statements in pamphlets, circulars, catalogs, advertisements, price lists etc., are strictly without obligation for Schwarzenberger and only binding if explicitly confirmed.
  • Technical alterations as well as alterations in color and form or discrepancies from models, specimens or samples of whatever kind, are to be accepted by the Consumer at payment of list price as long as the changes are minor and do not run counter to the intended purpose. If Schwarzenberger cannot prove that the change is marginal, reasonable and objectively justified, the Consumer’s permission to the change has to be seeked.
  • Prices, payment currency and supplementary services included in the price go according to the publication on Schwarzenberger ´s official website.
  • If contracts are concluded without explicit determination of price, list prices as of the day of offer are deemed agreed upon.

 

  • Deliveries of Goods/Provision of Services, Passing of Risk, Delay

 

  • Deliveries of goods and provision of services are, particularly concerning delivery clauses, performed in accordance with Schwarzenberger ´s publication on its website. If not agreed upon otherwise, Schwarzenberger is to deliver goods and provide services "ex-stock Völs / Tyrol".
  • Place of performance for all obligations of Schwarzenberger and the Consumer is AT-6176 Völs / Austria.
  • The risk - also in case of part-delivery - passes over to the Consumer, when the goods leave Schwarzenberger ´s distribution center. If collection of goods at Schwarzenberger ´s is agreed, this shall apply as soon as the goods are placed - on time - at Consumer's disposal.
  • A date of delivery or term for delivery is only binding, if it has been expressly declared binding upon conclusion of contract.
  • Minor changes in obligations to perform are approved by Consumer beforehand only if they are reasonable and objectively justified.
  • If deliveries of goods or provisions of services are delayed due to circumstances for which Schwarzenberger is not at fault, the term for delivery/provision is automatically extended accordingly and without need of further notification. In this case, Schwarzenberger is not liable for any legal consequences that ensue, not even if Schwarzenberger is already in delay with meeting any other obligation. If fulfillment of contract is unduly impeded due to interruption of operation, elemental forces, failure of delivery caused by Schwarzenberger’s suppliers etc., Schwarzenberger is entitled to rescind the contract under exclusion of claims for damages.
  • If Schwarzenberger is responsible for the delay, the Consumer may either demand fulfillment of contract or rescind the contract after having set in writing and actually granting an appropriate time limit of at least four weeks. Rescission has to be declared in writing. The right to rescission refers only to the delayed delivery or performance.
  • Schwarzenberger is entitled to make partial deliveries and to invoice them separately.
  • If the Consumer does not accept the goods or services provided according to the contract and at the time or place agreed, Schwarzenberger is entitled to rescind the contract after setting and lapse of a time limit of 14 days. In case of imminent danger, Schwarzenberger can, at its own discretion, choose to either store the goods or sell, rent or in any other way commercially exploit these "at best" for the account of and at the cost of the Consumer and under exclusion of liability for damages. The Consumer has to carry customary storing and delivery charges.
  • The weighing result determined and certified by Schwarzenberger at the time of shipment or delivery is relevant for the weight. For losses of weight in the course of the transport, even in the course of a delivery free of all shipping charges, no responsibility will be assumed.
  • All seed grains (Sämereien) delivered by Schwarzenberger are seed (Saatgut) and comply with the standards or, respectively, threshold values required by the Austrian Seed Act (Saatgutgesetz). Seed the sealing of which is obligatory will be sealed and certified by a public institution. The liability of Schwarzenberger only refers to the details as regards the origin as well as the purity and the germination capacity of the offered seed. Regarding the development in the open field, Schwarzenberger does not assume any warranty, since such is dependent on external influences which cannot be controlled by him. The liability of Schwarzenberger is limited to the invoiced amounts.
  • Packaging will be charged gross for net and will not be taken back when being delivered to other entrepreneurs.

 

  1. Payment, Delay of Payment and Set-Off

 

  • Payments can either be made by credit card, PayPal, prepayment, cash on delivery or by payment on open account.
  • If one due payment is not made in time, all other outstanding payments are automatically due without further notification.
  • Default of payment comes into effect automatically and without notification. A default interest rate of 5 % p.a. above Euribor is agreed upon. In case of default of payment Schwarzenberger may demand compound interest, beginning from the day of the delivery.
  • In case of default of payment, the Consumer is obliged to carry the demand and collection costs, as far as they are necessary for appropriate prosecution.
  • Schwarzenberger may demand compensation for non-performance in case of default of payment. Schwarzenberger is relieved from its duties to deliver and perform and may withhold uncalled delivery and performance, demand advanced payment or guarantee or withdraw from the contract within adequate additional time. In case of rescission of contract by Schwarzenberger, delivered goods are to be returned to Schwarzenberger immediately and at cost of the Consumer. All expenses are to be refunded to Schwarzenberger and reimbursement is to be paid for decrease in value of the goods. For reimbursement of damages incurred in the above context, the Consumer must immediately and under exclusion of any rights to lower this amount pay, without demanding any further proof, pay a cancellation fee amounting to 20 % of the gross invoice amount.
  • If goods are not returned voluntarily, Schwarzenberger is entitled to take possession of these goods on its own by resorting to self-help, without entitling the Consumer to any claims of restitution, refraining from action, reimbursement or any other claims under civil law.

 

  1. Reservation of Title

 

  • Goods delivered by Schwarzenberger remain unrestricted property of Schwarzenberger until claims of Schwarzenberger arising from delivery of these goods, including interest, costs and expenses, have been entirely satisfied and until all other present and future financial obligations of the Consumer towards Schwarzenberger have been fulfilled completely. The Consumer must, at own cost and upon their own initiative, undertake all necessary steps and actions to ensure the establishment and preservation of Schwarzenberger ´s reservation of title. Upon request, the Consumer must, at any time, within 24 hours and at their own cost, submit a list of all goods subject to reservation which are in their custody (including dates of sale and invoice numbers).
  • Sale, pledge or any other assignment of the goods subject to reservation for security is only permitted with express authorization Schwarzenberger, whereby authorization can be revoked by Schwarzenberger informally at any time. The Consumer must inform the purchaser or creditor of Schwarzenberger ´s reservation of title. Schwarzenberger ´s consent extinguishes automatically in case of insolvency or of execution proceedings. This notwithstanding the Consumer already now irrevocably offers to assign, for purpose of payment, all claims toward third parties arising from the sale of these goods to Schwarzenberger. Schwarzenberger can accept this offer for assignment of claims at the cost of the Consumer at any time and without time limit and is entitled to collection of sums due. The same applies to possible claims arising from an insurance contract. The contracting partner is obliged to insure the goods against elementary events.
  • In case of seizure or any other claims regarding the goods delivered, the Consumer must notify Schwarzenberger, protect Schwarzenberger ´s property at the Consumer's own cost and must indicate the property rights of Schwarzenberger to the third party. In case of non-payment of payments due to Schwarzenberger, stoppage of payments, opening of insolvency proceedings or execution measures against property subject to reservation, the Consumer must immediately return all goods subject to reservation to Schwarzenberger. In absence of any other declaration, a retraction of goods by Schwarzenberger is not deemed a rescission of contract. If the goods subject to reservation are separated from the bankruptcy's estate by Schwarzenberger, Schwarzenberger is entitled to have them stored at the cost and risk of the Consumer.

 

  1. Cession

 

  • The Consumer may not transfer or assign their rights and obligations arising from a contract with Schwarzenberger to any third party without Schwarzenberger’s written consent.
  • The Consumer is entitled to set-off own claims against claims of Schwarzenberger, if Schwarzenberger becomes insolvent or if the Consumer’s claims are connected legally to the obligation of Schwarzenberger, approved by court or acknowledged Schwarzenberger.

VII.      Right of Rescission in the Context of Distance Contracts

 

  • The Consumer can exercise their right of withdrawal from a distance contract within seven working days. Saturday does not count as a working day. The rescinding period of a contract starts on the day the product is dispatched to the Consumer. A statement of withdrawal postmarked within this period is sufficient.
  • The right of cancellation does not apply regarding the following contracts:
    • goods which were manufactured according to specifications of Customers or which are clearly tailored to personal requirements,
    • goods which can spoil easily, or the best-before-date of which would be exceeded fast,
    • goods which are sealed when delivered and are not suitable for return due to health protection or due to grounds regarding the hygiene, if such seals were removed after delivery,
    • goods which – due to their nature – were inseparably mixed with other goods after delivery.

 

  • If the Consumer withdraws from a contract, Schwarzenberger is obliged to reimburse the sums paid by the Consumer free of charge and has to compensate the Consumer for all necessary and useful expenses incurred in this matter. Step-by-step the Consumer has to return the received goods and must pay a commensurable remuneration for any wear and tear use, including a common value reimbursement. The Consumer must pay for the immediate cost of the return shipment.

 

  • Indemnity

 

  • In cases of indemnity, Schwarzenberger is not liable for slight negligence. This shall not apply in case of personal injury and for damages to parts taken on for further processing.
  • If at all, only in cases of gross negligence Schwarzenberger is obliged to pay interest on amounts which are to be refunded upon recession of contract.

 

  1. Choice of Law and Jurisdiction

 

  • For all contracts concluded between Schwarzenberger and the Consumer and for all claims arising from the legally effective existence or non-existence of these contracts, the application of Austrian national law is stipulated, however excluding the provisions of Austrian international private law and those of the United Nations Convention on the International Sale of Goods (UNCITRAL).
  • For all legal disputes arising from a contract concluded or to be concluded on the basis of these terms between Schwarzenberger and its Consumer, the competent court for Innsbruck/Austria is stipulated and agreed to have exclusive jurisdiction, with reservation of diverging compelling jurisdictions for the Consumer’s domicile or habitual residence.

 

  1. Data Processing

 

  • In the course of processing data, Schwarzenberger files all data relating to its business relationships corresponding to the pending data protection laws; Schwarzenberger reserves the right to share this data with a third party.
  • All deliveries are carried out at the last disclosed address. The Consumer must notify Schwarzenberger of any changes in their delivery address; otherwise, deliveries to the disclosed address are valid.

Standard Conditions of Business (B2B)

(hereinafter: "standard conditions") of Samen Schwarzenberger Inh. Erich Schwarzenberger e. U., Bahnhofstr. 32, 6176 Völs (hereinafter: “Entrepreneur”) for all business transactions between Schwarzenberger and its contractual partners (hereinafter: "CP").

 

  1. Scope of Application
  • The Entrepreneur concludes contracts with its CP exclusively on the basis of these standard conditions. Divergent or complementary conditions of a CP shall only be valid if additionally agreed upon in writing. If, due to lack of a written agreement, standard conditions of CP are submitted to the Entrepreneur, CP expressly waives all rights arising therefrom.

 

  • Standard conditions, once agreed upon between the Entrepreneur and CP are valid for all current and future contracts between these parties. Further reference to these representational standard conditions is not necessary.

 

  • Cancellations, modifications, supplementations or amendments of contracts between the Entrepreneur and CP are only valid if in writing. The remedy to demand cancellation of contracts on the grounds of "laesio enormis" (German: Verkürzung über die Hälfte) is expressly excluded.

 

  1. Conclusion of Contract and Price Formation
  • Offers received by the Entrepreneur from its CP are only deemed accepted if acceptation is confirmed either by written letter of acceptance or by fulfillment of contract through the CP is bound to their offer for 12 weeks after receipt by the Entrepreneur.

 

  • Offers of the Entrepreneur are without obligation and can be altered or revoked by the Entrepreneur even after receipt of CP's answer. All statements in pamphlets, circulars, catalogs, advertisements, price lists etc., are strictly without obligation for the Entrepreneur and only binding if explicitly confirmed.

 

  • Technical alterations as well as alterations in color and form or discrepancies from models, specimens or samples of whatever kind, are to be accepted by CP at payment of list price as long as they do not run counter to the intended purpose.

 

  • Prices, payment currency and supplementary services included in the price are determined by the Entrepreneur´s "Terms and Conditions" for the specific country, if not agreed upon otherwise. These specific Terms and Conditions will be given to CP before the order is placed.

 

  • If prices according to the Entrepreneur´s price list should rise between conclusion of contract and fulfillment of contract through both contracting parties, the price is adjusted accordingly. In this case, CP may promptly rescind the contract telegraphically, by written telecommunication or by fax. CP is deprived of the right of rescission if the price increase is due to additional costs, f.i. freightage, insurance premium, customs or fluctuation in foreign currency etc.

 

  • If contracts are concluded without explicit determination of price, list prices as of the day of invoice are deemed agreed upon.

 

  • Business and Technological Documents, Sales Promotion Articles 
  • All business and technological documents as well as sales promotion articles designed or handed over by the Entrepreneur remain property of the Any distribution or other commercial use and exploitation is only permitted with the Entrepreneur´s written authorization. Sales promotion articles may only be used for presentation and marketing of products of the Entrepreneur.

 

  • The Entrepreneur may, at its own discretion, demand return of such documents or sales promotion articles regardless for which reason at any time and at the cost of CP.

 

  1. Deliveries of Goods/Provision of Services, Passing of Risk, Delay
  • Deliveries of goods and provision of services are, particularly concerning delivery clauses, performed in accordance with the Entrepreneur´s "Terms and Conditions" for the specific country. If not agreed upon otherwise, the Entrepreneur is to deliver goods and provide services "ex-stock 6176 Völs".

 

  • Place of performance for all obligations of the Entrepreneur and CP is AT-6176 Völs / Austria.

 

  • Notwithstanding any delivery clauses contained in the "Terms and Conditions" for the specific country, the risk - also in case of part-delivery - passes over to the CP, when the goods leave the Entrepreneur´s distribution center. If collection of goods at the Entrepreneur´s is agreed, this shall apply as soon as the goods are placed - on time - at CP's disposal.

 

  • A date of delivery or term for delivery is only binding, if it has been expressly declared binding upon conclusion of contract. The Entrepreneur is obliged to perform only if CP meets all their obligations, especially concerning technical or contractual details, preparatory work etc.

 

  • Minor and reasonable changes in obligations to perform are approved by CP beforehand. If certain goods which are to be delivered are not available, the Entrepreneur is entitled to fulfill its obligation to deliver by delivering comparable goods, even if these are not necessarily alike regarding their design and looks. CP must accept such goods without reservation.

 

  • If deliveries of goods or provisions of services are delayed due to circumstances for which the Entrepreneur is not at fault, the term for delivery/provision is automatically extended accordingly and without need of further notification. In this case, the Entrepreneur is not liable for any legal consequences that ensue, not even if the Entrepreneur is already in delay with meeting any other obligation. Additional costs due to this delay have to be carried by the CP.

 

If fulfillment of contract is unduly impeded due to interruption of operation, elemental forces, failure of delivery caused by the Entrepreneur’s suppliers etc., the Entrepreneur is entitled to rescind the contract under exclusion of claims for damages.

 

  • If the Entrepreneur is responsible for the delay, CP may either demand fulfillment of contract or rescind the contract after having set in writing and actually granting an appropriate time limit of at least four weeks. Rescission has to be declared by registered mail. The right to rescission refers only to the delayed delivery or performance.

 

  • In any case, the Entrepreneur is entitled to withhold delivery of goods or provision of services - without becoming liable for delay - until agreed down payments have been received by the Entrepreneur, any other contractual obligations of CP have been fulfilled or payments on any other claims have been received in due time. If a credit rating of CP through or on behalf of the Entrepreneur or its insurer shows a negative result, the Entrepreneur may in any case demand full payment in advance or furnishing of an original bank guarantee document before delivering the goods.

 

  • As far as legally permitted, claims against the Entrepreneur for damages due to delay are excluded. In case of slight negligence such claims are always excluded.

 

  • If delivery of goods or provision of services by the Entrepreneur becomes impossible, all contractual obligations are terminated. If the impossibility - or any delay of delivery of goods or provision of services - is caused by non-delivery or delayed delivery through a supplier of the Entrepreneur, CP is not entitled to claim damages of any kind.

 

  • The Entrepreneur is entitled to make partial deliveries and to invoice them separately.

 

  • Damages to goods or missing quantities of delivered goods which can be recognized at sight are to be recorded in writing by the recipient upon taking over the goods, otherwise all rights and remedies are extinguished. Acceptance of goods cannot be refused for these reasons.

 

  • If CP does not accept the goods or services provided according to the contract and at the time or place agreed, the Entrepreneur is entitled to rescind the contract after setting and lapse of a time limit of 14 days. In case of imminent danger, the Entrepreneur can, at its own discretion, choose to either store the goods or sell, rent or in any other way commercially exploit these "at best" for the account of and at the cost of CP and under exclusion of liability for damages. CP has to carry customary storing and delivery charges.

 

  • The weighing result determined and certified by the Entrepreneur at the time of shipment or delivery is relevant for the weight. For losses of weight in the course of the transport, even in the course of a delivery free of all shipping charges, no responsibility will be assumed.

 

  • All seed grains (Sämereien) delivered by the Entrepreneur are seed (Saatgut) and comply with the standards or, respectively, threshold values required by the Austrian Seed Act (Saatgutgesetz). Seed the sealing of which is obligatory will be sealed and certified by a public institution. The liability of the Entrepreneur only refers to the details as regards the origin as well as the purity and the germination capacity of the offered seed. Regarding the development in the open field, the Entrepreneur does not assume any warranty, since such is dependent on external influences which cannot be controlled by him. The liability of the Entrepreneur is limited to the invoiced amounts.

 

  • Packaging will be charged gross for net and will not be taken back when being delivered to other entrepreneurs.

 

  1. Payment, Delay of Payment and Set-Off
  • If the Entrepreneur´s “Terms and Conditions” for the specific country do not provide for otherwise, payments are due, free of any deductions, within 14 days after date of invoice. Deductions of cash discounts are not permitted. All payments must be made to a bank account of the Payments are successfully made only on receipt at the bank account of the Entrepreneur. The Entrepreneur may, at its discretion, credit payments - regardless of their dedi­cation - to any accounts open.

 

  • If one due payment is not made in time, all other outstanding payments are automatically due without further notification. The same applies if CP's financial circumstances should deteriorate seriously.

 

  • Default of payment comes into effect automatically and without notification. A default interest rate of 10 % p.a. above Euribor is agreed upon; any exceeding damages due to loss of interest or fluctuations of exchange rates must also be reimbursed to the In case of default of payment the Entrepreneur may demand compound interest, beginning from the day of the delivery.

 

  • In case of default of payment, CP is obliged to carry the demand and collection costs, as far as they are necessary for appropriate prosecution. If the CP is entrepreneur these costs include in any case a lump sum of EUR 40,00 to compensate debt collecting costs. The Entrepreneur may assert further claims and rights.

 

  • The Entrepreneur may demand compensation for non-performance in case of default of payment. The Entrepreneur is relieved from its duties to deliver and perform and may withhold uncalled delivery and performance, demand advanced payment or guarantee or withdraw from the contract within adequate additional time. In case of rescission of contract by the Entrepreneur, delivered goods are to be returned to the Entrepreneur immediately and at cost of CP. All expenses are to be refunded to the Entrepreneur and reimbursement is to be paid for decrease in value of the goods. For reimbursement of damages incurred in the above context, CP must immediately and under exclusion of any rights to lower this amount pay, without demanding any further proof, pay a cancellation fee amounting to 20 % of the gross invoice amount. Damages exceeding this amount must also be reimbursed.

 

  • If goods are not returned voluntarily, the Entrepreneur is entitled to take possession of these goods on its own by resorting to self-help, without entitling CP to any claims of restitution, refraining from action, reimbursement or any other claims under civil law.

 

  • Notwithstanding any provisions of mandatory law, CP has no right of retention or lien in respect of the goods owned by the

 

  1. Reservation of Title
  • Goods delivered by the Entrepreneur remain unrestricted property of the Entrepreneur until claims of the Entrepreneur arising from delivery of these goods, including interest, costs and expenses, have been entirely satisfied and until all other present and future financial obligations of CP towards the Entrepreneur have been fulfilled completely. CP must, at own cost and upon their own initiative, undertake all necessary steps and actions to ensure the establishment and preservation of the Entrepreneur´s reservation of title. Upon request, CP must, at any time, within 24 hours and at their own cost, submit a list of all goods subject to reservation which are in their custody (including dates of sale and invoice numbers).

 

  • Sale, pledge or any other assignment of the goods subject to reservation for security is only permitted with express authorization by the Entrepreneur, whereby authorization can be revoked by the Entrepreneur informally at any time. CP must inform the purchaser or extinguishes automatically in case of insolvency or of execution proceedings. This notwithstanding CP already now irrevocably offers to assign, for purpose of payment, all claims toward third parties arising from the sale of these goods to the The Entrepreneur can accept this offer for assignment of claims at the cost of CP at any time and without time limit and is entitled creditor of the Entrepreneur´s reservation of title. The Entrepreneur´s consent to collection of sums due. The same applies to possible claims arising from an insurance contract. The contracting partner is obliged to insure the goods against elementary events.

 

  • In case of seizure or any other claims regarding the goods delivered, CP must notify the Entrepreneur, protect the Entrepreneur´s property at CP's own cost and must indicate the property rights of the Entrepreneur to the third party. In case of non-payment of payments due to the Entrepreneur, stoppage of payments, opening of insolvency proceedings or execution measures against property subject to reservation, CP must immediately return all goods subject to reservation to the In absence of any other declaration, a retraction of goods by the Entrepreneur is not deemed a rescission of contract. If the goods subject to reservation are separated from the bankruptcy's estate by the Entrepreneur, the Entrepreneur is entitled to have them stored at the cost and risk of CP.

 

  • Cession
  • CP may not transfer or assign their rights and obligations arising from a contract with the Entrepreneur to any third party without the Entrepreneur’s written consent.

 

  • CP is not entitled to set-off own claims against claims of the

 

  • Warranty
  • With respect to all defects, the limitation period is six months beginning from the passing of risk. For spare parts and subsequent improvements, the warranty term is three months. Warranty claims become statute-barred at the latest within six months after timely notification of defect. In cases of warranty the Entrepreneur is not subject to claims for damages or reimbursement claims of any other kind.

 

  • CP must deliver proof of defects and must reprimand and specify defects immediately in writing.

 

  • Notifications of visible defects or missing parts must be made immediately, hidden defects within eight days after their discovery - and in all cases by way of registered mail. All notifications must be received by the Entrepreneur within the 8-day term; otherwise it is assumed that the goods were accepted without reservation and free of defects.

 

  • The Entrepreneur may, at its discretion, satisfy claims of warranty completely either by:
  • addition of the missing elements,
  • subsequently making improvements of the goods on the spot,
  • subsequently making improvements at a place of the Entrepreneur´s choice or
  • replacement of the defect goods or of defect parts thereof.

 

  • In cases of substantial and irremovable defects, only the right of rescission of contract or replacement of the defect goods/parts may be executed. Above mentioned options (a - d) also apply for such cases in which, due to the nature of the goods, CP has other claims in the place of or next to warranty claims (e.g. claims contesting or for adaptation of the contract due to error or other failures of intention).

 

  • Costs arising from the above listed measures are - with the exception of forwarding costs for replacements or spare parts - to be borne by CP. The extent of warranty for exported goods is limited to the cost of such services which would have had to be performed in case of warranty at the place where such goods passed the frontier.

 

  • Warranty of the Entrepreneur is excluded if the goods were used improperly, or otherwise than normally expected, if the defect was caused by CP or third parties, if one of the latter has in any way manipulated or repaired the goods by themselves or as long as CP has not performed all their obligations - especially that of payment. Warranty is excluded for parts which can be consumed or which are subject to wear and tear.

 

  1. Indemnity and Product Liability
  • In cases of indemnity, the Entrepreneur is not liable for slight negligence; further excluded is indemnity for consequential and pecuniary damages, for default of interest as well as for damages arising from claims of third parties towards CP. As far as in single cases further going exclusion of liability is legally permissible, it is the furthest going legally permitted exclusion of liability is deemed agreed upon. If any conditions of the Entrepreneur regarding the usage of goods are disregarded and in case of unconventional use, liability is excluded entirely.

 

  • In case of gross negligence, liability for damages is in any case limited to a sum equaling ten times the net invoice amount of the goods delivered.

 

  • If at all, only in cases of gross negligence the Entrepreneur is obliged to pay interest on amounts which are to be refunded upon recession of contract.

 

  • Notwithstanding any provisions of mandatory law, liability for damages under the laws on product liability (Produkthaftungsgesetz) or other comparable bodies of law is excluded, regardless which legal system these regulations may belong to. CP is obliged to transfer and make effective this exemption from liability in favor of the Entrepreneur toward his respective purchasers and to oblige these to in turn make this right of exemption effective down to the final user and to establish documentary proof of this fact. CP is further obliged to constantly inform their employees regarding all information and directions supplied by the Entrepreneur with its products as well as concerning legal provisions and decrees and to establish proof that the employees have been informed as outlined above. This applies also for CP's customers. CP must also keep all documents and materials for at least ten years after sale or other bringing into circulation of the products and must hand over these documents and materials to the Entrepreneur immediately upon request.

 

  1. Choice of Law and Jurisdiction
  • For all contracts concluded between the Entrepreneur and CP and for all claims arising from the legally effective existence or non-existence of these contracts, the application of Austrian national law is stipulated, however excluding the provisions of Austrian international private law and those of the United Nations Convention on the International Sale of Goods (UNCITRAL).

 

  • For all legal disputes arising from a contract concluded or to be concluded on the basis of these terms between the Entrepreneur and its CP, the competent court for Innsbruck is stipulated and agreed to have exclusive jurisdiction. The Entrepreneur, however, may also take legal action against CP before any other domestic or foreign court.

 

  1. Severability Clause

If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity, legality and enforceability of the other provisions of this agreement shall not be affected. In this case the parties must replace the invalid, illegal or unenforceable provision with a valid, legal and enforceable provision that creates the same or a similar economic effect as the original provision.

 

XII.     Data Processing

  • In the course of processing data, the Entrepreneur files all data relating to its business relationships corresponding to the pending data protection laws; the Entrepreneur reserves the right to share this data with a third party.

 

  • All deliveries are carried out at the last disclosed address. CP must notify the Entrepreneur of any changes in their delivery address; otherwise, deliveries to the disclosed address are valid.

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