GTC

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1. Validity of general terms and conditions (GTC):

 

Unless expressly agreed, our General Terms and Conditions announced to the contractual partner shall apply.

 

Our contractual partner agrees that in case of doubt, our terms and conditions shall be assumed even if the contractual partner's terms remain unchallenged.

 

In this respect, contractual performance on our part shall not be deemed as a consent to contractual terms and conditions which deviate from our terms and conditions. Should any ambiguities nevertheless remain in the interpretation of the contract, these shall be eliminated in such a way that those contents shall be deemed to have been agreed in a way as such terms and conditions are usually agreed in comparable cases.

 

 

2. Protection of Plans and Catalogues/ Confidentiality

 

Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like shall remain our intellectual property. Any use, in particular passing on, duplication, publication and making available, including copying even of extracts, requires our express consent.

 

All of the above-mentioned documents can be reclaimed from us at any time and must be returned to us without delay and without being requested if the contract is not concluded.

 

Furthermore, our contractual partner undertakes to maintain secrecy towards third parties with regard to the knowledge he has obtained from the business relationship.

 

 

3. retention of title

 

The goods shall remain our property until full payment of the purchase price and all costs and expenses. A resale shall only be permissible if we have been informed of such resale in good time beforehand, stating the name or company and the exact business address of the purchaser, and if we consent to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us and we shall be entitled to notify the third-party debtor of this assignment at any time. In the event of a plurality of claims on our part, payments by the debtor shall be allocated primarily to those of our claims which are not (or no longer) secured by a reservation of title or other means of security.

 

In the event of delay, we shall be entitled to assert our rights under the retention of title. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

 

 

4. formal requirements

 

All agreements, subsequent amendments, supplements, ancillary agreements, etc. must be made in writing to be valid, thus including the original signature or secure electronic signature.

 

 

5. choice of law

 

This contract shall be governed by either Austrian or Liechtenstein law.

 

 

6. jurisdiction agreement

 

For the decision of all disputes arising from this contract, the competent court at the seat of our company shall be governed by local jurisdiction. This means optionally to choose among the places of jurisdiction in Austria or Liechtenstein. However, we also have the right to sue at the general place of jurisdiction of the contractual partner.

 

 

7. cost estimate

 

The cost estimate is prepared to the best of our knowledge, but we cannot guarantee its accuracy. Should costs increase by more than 15% after the order has been placed, the Contractor shall inform the Client thereof without delay.

 

In the case of unavoidable cost overruns of up to 15%, a separate notification is not required and these additional costs can be invoiced without further ado.

 

Unless otherwise agreed, order changes or additional orders may be invoiced at reasonable prices.

 

Cost estimates are subject to payment. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.