General Terms and Conditions for Business Customers
of General Laser Tochev & Tochev OG | Registered office: Einsiedlergasse 56, A-1050 Vienna, Austria | Business location: Wallgasse 25 / 7+8 A-1060 Vienna, Austria | Tel: +43 1 524 7603 | Fax: +43 1 524 76034 | firstname.lastname@example.org | UID: ATU46719109 | EORI: ATEOS1000033549 | Company register: FN179591f | Place of fulfilment: Vienna | Legal venue: Handelsgericht Wien | Legal provisions: Gewerbeordnung Österreich (www.ris.bka.gv.at) | Managing partners: Ivan Tochev and Gregor Giersch
These general terms and conditions apply to legal transactions with business customers. They apply to the delivery of goods and, mutatis mutandis, also to the provision of services. Additional or deviating terms and conditions of the customer shall only be valid if we have expressly agreed to them in writing. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them.
General Laser Tochev & Tochev OG concludes contracts only with customers who are legal entities or natural persons of unlimited legal capacity and who are 18 years of age or older.
- Offer and prices
Our offers are subject to change without notice. All offer and project documents may not be reproduced or made accessible to third parties without our consent. They can be reclaimed at any time and must be returned to us immediately if the order is placed elsewhere.
The most recently offered prices shall apply. For orders placed via our online shop at https://general-laser.at, the prices, the taxes shown, any shipping costs and any discounts granted, as well as the total amount are to be taken from the details in the shopping basket.
The intra-community purchase at net prices or the export free of sales tax only takes place after examination of the necessary information and a corresponding offer or order confirmation.
- Order and conclusion of contract
In our online shop at https://general-laser.at, the customer makes a binding offer to conclude a purchase contract by clicking the "Buy" button.
The purchase contract is only considered concluded when the seller has issued a written order confirmation or sent a delivery after receipt of the order.
From information in catalogues, brochures, promotional literature and written or oral statements that have not been included in the contract, neither warranty claims can be derived nor liability can be justified. Subsequent amendments and supplements to these terms and conditions require written confirmation in order to be valid.
If no delivery / shipping option is agreed, or in the case of collection by the customer, the delivery of the goods shall be deemed sold EXW according to INCOTERMS® 2010. If a shipping option is offered and selected by the customer, the delivery costs can be found in the shopping cart or offer, as well as in the order confirmation and invoice. Unless otherwise agreed, delivery will be made to the specified delivery address by a shipping service provider commissioned by us. When the goods are dispatched, the risk of loss of or damage to the goods shall not pass to the customer until the goods have been delivered or delivered to a third party designated by the customer and different from the carrier.
- Delivery times and periods
Delivery times shall only be deemed to have been agreed if we confirm them within the framework of the ordering process. The delivery period shall commence at the latest of the following dates:
- Date of order confirmation
- Date of fulfilment of all technical, commercial and other requirements incumbent on the purchaser. This includes in particular any Terms of Sales required by the manufacturer or agreements with the end user, as well as any official and other third-party approvals required for the execution of systems.
- the date on which the seller receives any agreed payment, down payment or security to be made prior to delivery of the goods.
The Seller shall be entitled to make and invoice partial or advance deliveries.
If unforeseeable circumstances or circumstances independent of the will of the parties occur, such as for example all cases of force majeure, which hinder compliance with the agreed delivery period, the delivery period shall be extended by the duration of these circumstances; these include in particular armed conflicts, official interventions and prohibitions, delay in transport and customs clearance, transport damage, shortage of energy and raw materials, labour disputes as well as the loss of an essential supplier who is difficult to replace. These aforementioned circumstances also entitle the customer to extend the delivery period if they occur at suppliers.
A contractual penalty for delay in delivery requires an explicit agreement and remains limited in its total amount to a maximum of 5% of the value of that part of the total delivery in question which cannot be used due to late delivery of an essential part, provided that the buyer has demonstrably suffered damage in this amount. Further claims from the title of the delay are excluded.
- Terms of payment
Payment can only be made non-cash by prepayment, by immediate transfer (online banking), by credit card, with paypal, purchase on account and payment by cash on delivery.
We reserve the right to exclude individual payment methods or to provide a specific payment method.
With prepayment the customer transfers the invoice amount within 14 days after contract conclusion on our account. The dispatch takes place, if not differently offered, immediately after receipt of payment. If no payment is received within 14 days, we are entitled to cancel the order.
If we offer the customer to purchase on account, the purchase price is due immediately upon receipt of the goods, but at the latest within 14 days of the invoice date. The place of performance for payment is our place of business.
- Reservation of ownership
The goods remain our property until the ordered goods have been paid for in full. Before complete payment of the goods, the customer is prohibited from using the goods, transferring them by way of security or granting other rights to third parties.
Within the framework of the statutory regulations, we guarantee that the products are free of defects at the time of transfer of risk. The statutory warranty period for our business customers is one year. The legally permissible restrictions apply.
Defects caused by the customer may result in the exclusion of the warranty. This is in particular the case with improper handling and incorrect operation or unauthorized repair attempts.
In the case of the delivery of used goods, the warranty is limited to the claims to be granted by law in the respective jurisdiction of the customer.
The shortened limitation period does not apply to claims for damages by the customer due to injury to life, limb or health as well as for other damages which are based on a grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours. Furthermore, the shortened limitation period shall not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
Should delivered items show obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
- Liability and exclusion of liability
General Laser Tochev & Tochev OG is liable only in case of proven intent and gross negligence. In case of culpable damage to life, health or body, in case of culpable violation of main contractual obligations or in case of fraudulent misrepresentation as well as in case of a claim for compensation General Laser Tochev & Tochev OG is liable to the legal extent.
Further claims for damages by the customer against General Laser Tochev & Tochev OG are excluded to the extent permitted by law.
Unless otherwise agreed, the place of jurisdiction for disputes arising from this contract shall be the registered office of General Laser Tochev & Tochev OG - Vienna, Austria.
In all cases the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
- Arbitration agreement - arbitration clause
All disputes or claims arising out of or in connection with this Agreement, including disputes concerning its validity, breach, dissolution or invalidity, shall be finally settled in accordance with the Rules of Arbitration (Vienna Rules) of the International Arbitral Institute of the Austrian Federal Economic Chamber (VIAC) by three arbitrators appointed in accordance with these Rules.
- Data protection
Data protection regulations are contained in the data protection declaration.
- Industrial property rights and copyrights
If goods are manufactured by the seller on the basis of design data, drawings, models or other specifications of the buyer, the buyer shall indemnify and hold the seller harmless in the event of any infringement of industrial property rights.
Execution documents such as plans, sketches and other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of the seller and shall be subject to the relevant statutory provisions regarding reproduction, imitation, competition, etc.
- General information
In case individual provisions of the contract or these conditions should be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose. In case of doubt, the German version of these General Terms and Conditions shall apply.
The German language version shall be regarded as the authentic version of the terms and conditions and shall also be used for the interpretation of the contract.
The fulfilment of the contract by the seller is subject to the proviso that there are no obstacles to its performance due to national or international export regulations, in particular no embargos and/or other sanctions.
- Right of revocation and withdrawal
The prerequisite for the buyer's withdrawal from the contract is, unless a more specific provision has been made, a delay in delivery attributable to gross negligence on the part of the seller as well as the unsuccessful expiry of a set, reasonable grace period. Withdrawal must be made in writing and delivered either to email@example.com or to our business location.
Irrespective of his other rights, the seller is entitled to withdraw from the contract,
- if the execution of the delivery or the start or continuation of the performance is impossible for reasons for which the purchaser is responsible or is further delayed despite the setting of an appropriate period of grace,
- if doubts regarding the buyer's solvency have arisen and the buyer, at the seller's request, neither makes an advance payment nor provides a suitable security prior to delivery,
- if the buyer does not or not properly comply with the obligations imposed on him by point 15.
Withdrawal may also be declared with regard to a still open part of the delivery or service for the above reasons.
Irrespective of the seller's claims for damages, including pre-trial costs, in the event of rescission, services already rendered or partial services shall be invoiced and paid in accordance with the contract. This shall also apply if the delivery or service has not yet been accepted by the buyer and for preparatory actions performed by the seller. Instead of this, the seller shall also be entitled to demand the return of items already delivered.
Other consequences of the withdrawal are excluded.