CONDITIONS OF SALE AND DELIVERY

The company Tramontana Grafixx

1. Gen­er­al:
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.

3. Secre­cy:
In addi­tion, our con­trac­tu­al part­ner is com­mit­ted to the con­fi­den­tial­i­ty of knowl­edge derived from the busi­ness rela­tion­ship to third par­ties.

4. Prices:
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.

8. War­ran­ty:
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.

11. Coun­ter­claims:
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.

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