General terms of conditions
Area of applicability:
All deliveries and services of Runpotec GmbH, hereinafter referred to as Runpotec in abbreviated form, shall take place on the basis of the general terms and conditions of business at hand. Any deviating terms and conditions of business of the customer shall not become part of the contract, also in case that their validity is named as a condition for the conclusion of the business transaction.
II Offer and order:
1. All offers shall be subject to confirmation and non-binding.
2. The contract shall come into existence either by means of a written order confirmation or by delivery of the goods. In the latter case, the invoice shall also apply as the order confirmation.
3. The details concerning the services of Runpotec contained in price lists, in catalogues on the Internet and other advertising media do not contain any information which defines services as defined in § 922 Paragraph 2 of the Austrian General Civil Code (ABGB).
4. Amendments and additions to the contract, including the general terms and conditions of business, shall require written form to take legal effect. The same shall also apply in respect of deviation from the written form clause itself. Oral ancillary agreements shall not be effective.
III. Prices and payment terms
1. The prices named in catalogues, prospectuses, mailing letters, price lists and illustrations are non-binding and subject to confirmation. The prices are exclusive of value added tax and customs duties, as well as any shipping costs due.
2. As a rule, deliveries shall only be made with payment on delivery or prepayment. Bills of exchange and cheques shall not be considered as payment and shall only be accepted under notice of provisional receipt.
3. In case of payment delay, the Customer shall be obliged to pay default interest of 10% per annum.
4. The Customer shall pay a fee of up to € 20 for each warning to cover the expenses incurred. In addition, the reasonable costs of engaged credit collection agencies or lawyers shall be paid by the Customer.
5. The Customer shall not be entitled to set off with claims of any type, unless these are expressly recognised by Runpotec in writing or have been recognised by declaratory judgement by a court.
1. Delivery times shall be complied with as best as possible, but shall be non-binding. Delivery delays shall therefore not entitle the Customer to assert claims, regardless of under which legal title. Circumstances which are independent of and cannot be influenced by Runpotec, such as operational disruptions, interventions by the authorities, delays of subcontractors, labour conflicts etc. shall extend the delivery deadline by the duration of the hindrance and shall entitle Runpotec to rescind the contract, to the exclusion of damages claims, warranty claims and error appeal claims. This shall also apply if the events occur at a time in which Runpotec is already in default.
2. The dispatch or transportation shall take place at the expense and risk of the Customer. In the absence of specific instructions of the Customer, the delivery shall take place at our best discretion and without a guarantee concerning the choice of the best and cheapest shipping. Packaging material will not be accepted for return. The transfer of risk from Runpotec to the Customer will also take place on handover to the shipping company in respect of goods which are delivered free house. Insurance will only be concluded by means of written order by the contracting partner and this shall be at their expense.
3. Regardless of the place of delivery and/or performance and the covering of possible transportation costs, 5303 Thalgau, Austria is hereby agreed as the place of performance on the part of the Customer.
4. Any possible export and customs permits, currency permits or similar permits shall be obtained by the Customer at its own expense. The Customer shall be obliged to hold Runpotec free and harmless from all customs expenses. In case of other liability in respect of tax stipulations, the Customer shall be obliged to return all export and customs papers to Runpotec in the original. Runpotec shall not incur liability in respect of the permissibility of the export of the goods and their conformity with the legal and technical regulations of the importing country, and shall also not be responsible for the goods conforming to the state of technology in the importing country.
5. In case of delay in acceptance on the part of the Customer, Runpotec shall be entitled to either to request performance and the full fee or to rescind the contract and demand a cancellation fee of 50% of the value of the goods. A possible claim for damages which goes beyond this shall not be affected thereby.
VI. Retention of title
1. The goods shall remain the property of Runpotec until full payment of all claims. During the existence of the retention of title, the Customer shall not be entitled to sell, process or pledge the goods or to dispose of them in any other way.
2. The assertion of the retention of title shall not require rescission, shall not be deemed as rescinding the contract and shall not release the Customer from its obligations, in particular that of payment of the purchase price.
3. In order to inspect the goods which are subject to retention of title, the Customer shall grant access to its operations at all times. Should the Customer enter default concerning its payment obligations, should bankruptcy proceedings be opened against its assets or should it breach other contractual duties, Runpotec shall be entitled to demand surrender of the goods subject to retention of title, to collect these and to enter the premises of the Customer during this process. In case of assertion of the retention of title, the Customer shall be obliged to pay any reduction of value in respect of the goods and to pay Runpotec a reasonable fee for their use.
VII. Guarantee and liability
1. Should the Customer be an entrepreneur, it shall be obliged to immediately make a complaint regarding defects in writing, at the latest within a week of handover, and in case of other lost of claims of any kind giving details of the defect in writing. Defect complaints shall not entitle the Customer to withhold the purchase price in part or in full.
2. The warranty period in relation to consumers shall be two years, and for entrepreneurs, six months.
3. The Customer shall provide Runpotec with the opportunity to check the defect. In case of a defect, Runpotec shall be entitled to defend a possible price reduction claim by means of improvement or a replacement delivery. Runpotec shall be entitled to deal with the defect itself or by a third party on site or to request return of the goods for the purpose of improvement. Dealing with the defect on the part of the customer by means of a third party company shall only be permitted if Runpotec does not deal with the defect within a reasonable deadline, despite a demand note.
4. Warranty claims shall therefore only exist if the device is used in accordance with the operating instructions and in compliance with all intended operating conditions, and the defect arises in normal use. The warranty does not cover the correction of defects which are due to external influences, operating error or use of the device together with other equipment or accessories which are not provided by Runpotec and whose compatibility with the device which forms the subject matter of the contract was not expressly approved in writing.
5. Damages claims for whatever legal reason, in particular due to delay, impossibility, positive breach of obligation, fault at the time of conclusion of the contract, consequential damage caused by defects and error appeal arising out of a defective delivery or service shall be excluded, unless these are caused by intent or gross negligence on the part of Runpotec. In any case, damages claims of the Customer shall be limited to the simple net value of the goods. Liability for lost profit or consequential loss of the Customer of whatever type shall be excluded. The Customer shall provide proof of the presence of fault and causation.
6. The assignment of warranty and damages claims shall not be permitted.
7. The Customer hereby expressly wavers the assertion of damages claims for property damage under the title of the Austrian Product Liability Act (Produkthaftungsgesetz) which it suffers within the framework of its company. Should the Customer sell the device to other companies, the Customer shall be obliged to bind its contractual partners and any further commercial contractual partners to this waver. To the extent that the Customer omits to do this, the Customer shall be obliged to indemnify and hold harmless Runpotec. Should the Customer incur liability due to the Austrian Product Liability Act (Produkthaftungsgesetz), it shall waver any recourse in relation to Runpotec. In case of the presence of the requirements of § 933 b of the Austrian General Civil Code (ABGB), the Customer shall be entitled to obtain recourse within two months in relation to Runpotec, however only if such an assertion takes place before a court within three years of delivery.
VIII Place of jurisdiction and applicable law:
1. Austrian law shall apply between the contracting parties to the exclusion of the UN Convention on the International Sale of Goods.
2. The general terms and conditions of business shall only apply in relation to consumers to the extent that mandatory provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) do not prevent this.
3. The competent court for 5303 Thalgau, Austria is hereby exclusively agreed as the place of jurisdiction for all legal disputes concerning the concluded contract. However, Runpotec shall also be entitled to bring lawsuits at other courts for which a statutory place of jurisdiction of the Customer is present.
1. Runpotec shall be entitled to save and process data of the contracting partner in accordance with the Austrian Data Protection Act (Datenschutzgesetz) within the framework of the business dealings.
2. Should any individual points of these terms and conditions of business or the negotiated contract be ineffective, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, a clause which comes closest to its sense and purpose shall be deemed to be agreed.