CONDITIONS OF SALE AND DELIVERY
The company Tramontana Grafixx
Unless explicitly agreed otherwise in writing, the General Terms and Conditions of Business announced to the contractual partner shall be valid as follows: General Terms and Conditions of the company Tramontana Grafixx.
These can be found on the website under Tramontana Grafixx.
The provisions of the Consumer Protection Act (KSchG) apply to all non-commercial customers.
Modifications and additions as well as deviating ordering conditions of the client apply only after our written confirmation.
2. Offers / cost estimates:
Our offers are free. The contract is only concluded by sending us a written order confirmation.
In the case of unavoidable cost overruns after order placement up to 15%, a separate agreement is not required and we are entitled to charge these costs without further notice.
Cost estimates are paid for. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.
In addition, our contractual partner is committed to the confidentiality of knowledge derived from the business relationship to third parties.
The prices are valid ex works or ex warehouse of the company group Forster excluding sales tax and ancillary costs.
If the net value is less than Euro 100, — we charge an additional packaging and freight cost of € 10, -.
Prices are in EURO.
Our online shop is mainly aimed at commercial customers, as these represent the main customer groups of Forster. All prices stated in the online shop at the offered goods are therefore without VAT and are free. In the case of final consumers, we expressly point out that the final amount of the order including VAT and other surcharges is indicated in the shopping basket.
5. Price change:
We reserve the right to change prices until the date of delivery / performance, in particular in the case of a different order.
In the absence of any agreement to the contrary, our claims shall be paid on a case-by-case basis against delivery of the goods / provision of the service.
A cash discount is required for a separate agreement.
6. Delivery / Performance Period:
The delivery period begins with the latest of the following dates:
A) date of our order confirmation, or
B) Date of fulfillment of all technical, commercial and other requirements applicable to the Purchaser; or
© the date on which the seller, as a seller, receives a down payment or security to be paid before delivery of the goods.
Specified delivery dates are not binding.
Disabilities of any kind that are not within the sphere of influence of the Forster group of companies and which have been notified to the contractual partner shall extend the execution periods accordingly.
Authorization and authorizations for third parties, which are necessary for the execution of installations, are to be obtained from the buyer, unless otherwise expressly agreed. If this does not happen in time, the delivery period is extended accordingly.
If delivery is agreed on demand, the goods shall be deemed to be called up at the latest 6 months after the order has been placed and is due for payment.
We are entitled to carry out partial or preliminary deliveries and to invoice them as well.
7. Transfer of risk and place of performance:
Use and risk shall pass to the buyer ex-works or ex-warehouse, irrespective of the price agreed for the delivery (such as CMR clauses).
This also applies if the delivery takes place within the scope of an assembly or if the transport is carried out or organized by us.
Any defects shall be notified in writing by the contractual partner without delay, at least within 8 days, otherwise the performance shall also be deemed to have been approved in respect of the defect.
The existence of a defect shall be proved by the transferee (contract partner).
§ 924 ABGB does not apply.
No warranty claims can be derived from information in catalogs, prospectuses, company names and written or oral statements which are not included in the contract.
Recognized warranty claims entitle the company group Forster to carry out the type of guarantee (improvement, exchange, price reduction or conversion) at its option.
Costs for third party substitutes are not recognized.
The statutory warranty periods apply insofar as special warranty periods have not been agreed for individual delivery items.
The warranty period for electronics and electrical components is 12 months.
The warranty does not cover the following defects:
A. Non-observance of the operating / installation / maintenance instructions or other than normal use
B. Usual and product-type wear (normal wear — such as bulbs, LED lights, etc), overuse
C. Deficiencies due to atmospheric discharges, current fluctuations, overvoltages and chemical influences.
D. Installation / installation or repair by third parties, including contracting entities
E. Use of materials or products in agreement with the client
F. Materials and products which the customer has attached,
G. Materials, products, work methods and constructions, as far as they were used on the express instructions of the customer
Parts which we have contracted from third parties, provided that the third party has not given us any warranty
If the contractual partner carries out or carries out the dismantling, repair or other work on the product without our prior written consent, no warranty claims are made.
Any incidental costs arising in connection with the removal of the defect (eg for installation / removal, transport, disposal, travel and travel time, travel / subsistence costs, but not limited to) shall be borne by the purchaser. The necessary auxiliary forces, lifting devices, scaffolding and small materials, etc., must be made available free of charge for warranty work at the buyer’s premises or at construction sites.
9. Damage compensation:
The company group Forster is only liable for damages outside the scope of the Product Liability Act if its intent or gross negligence is proven.
Consequential damages and indirect costs will not be replaced.
If there are justified claims, the scope of liability is in any case limited to a maximum of twice the amount of our scope of delivery.
We do not accept any liability for components not included in our scope of delivery, or for subsequent installation of our products in an overall system (which is not supplied by us).
10. Payment and retention of title:
Even if the debtor is not responsible for payment, we shall be entitled to charge default interest in the amount of 10% above the basic interest rate annually, as well as the expenses incurred and incurred by us for the appropriate operation.
Delivered goods remain our property until full payment.
In the case of resale, the purchase price claim is deemed to have been assigned to us without special agreement.
The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
12. Withdrawal from the contract:
A delay in delivery caused by gross negligence on the part of the Forster group of companies shall be a precondition for the rescission of the buyer from the contract, unless a special regulation has been made. The fault must be proven by the contractual partner.
Irrespective of its other rights, the Forster Group is entitled to withdraw from the contract
(A) if the execution of the delivery or performance, the start or the continuation is impossible for reasons beyond the responsibility of the purchaser and is further delayed despite the setting of an additional deadline,
B) if there are concerns about the purchaser ‘s ability to pay, and this latter does not make advance payment on our request, or provides us with adequate security before delivery, or
C) if an extension due to unpredictable and party-independent circumstances such as force majeure is more than half the originally agreed delivery period, but at least 6 months.
If insolvency proceedings are opened on the assets of a contracting party or if an application for the commencement of insolvency proceedings is rejected for lack of sufficient assets, the other contracting party is entitled to withdraw from the contract without setting a deadline.
Without prejudice to the claims for damages of the Forster group of companies including pre-litigation costs, all services already rendered or partial services shall be settled and paid in accordance with the contract.
This also applies insofar as the delivery or service has not yet been taken over by the buyer, as well as for preparatory work carried out by the company group Forster.
The assertion of claims by the buyer due to laesio enormis, error and the abolition of the business basis is excluded.
13. Print jobs:
In the case of print orders, oversupply and sub-deliveries of up to 10% are permitted and are charged at the agreed unit price. The print-out is the proof-proof proofed by the customer.
14. Place of Performance:
The place of performance for both parties is the seat of the company Tramontana Grafixx
15. General information:
Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that is as close as possible to the intended objective.
16. Jurisdiction and law:
The competent court at the headquarters of the Forster group of companies shall be solely responsible for the decision of all disputes arising out of the contract, including those relating to its existence or non-existence, and this agreement shall be accepted upon receipt of the order confirmation.
The contract is subject to Austrian law to the exclusion of the further reference standards. The application of the UNCITRAL Convention on Contracts for the International Sale of Goods shall be excluded.