General terms and conditions
Below you will find our terms of sale, delivery and payment
Below you will find our terms of sale, delivery and payment
1.1 We contract exclusively on the basis of our General Terms and Conditions for Deliveries ("GTC"). Our GTC shall also apply to all future transactions concerning our deliveries.
1.2 The version of our General Terms and Conditions valid at the time of the conclusion of the contract, which is available on our website https://www.tech-masters. at/agb, shall apply.
1.3 Customers in the sense of our GTC are exclusively entrepreneurs according to § 1 KSchG. The offer in the Tech-Masters online store and the associated prices and their award are also exclusively addressed to entrepreneurs according to § 1 KSchG.
1.4 Any terms and conditions of business of the customer or any amendments or supplements to our GTC shall require our explicit written consent in order to be valid.
1.5 The customer's terms and conditions shall not be recognized even if we do not expressly object to them after receipt by us. Rather, our explicit written consent is required for the customer's terms and conditions or parts thereof to be accepted.
1.6 The obligations to provide information pursuant to Section 9 (1) and (2) of the E-Commerce Act and the obligations pursuant to Section 10 (1) and (2) of the E-Commerce Act are hereby waived.
1.7 All information on our website has been carefully researched, however, we can not completely exclude errors or typographical errors. Links and references to external sites are only signposts. We do not identify ourselves with the content of external sites linked or referred to. Any liability on our part for linked/referenced pages exists only in accordance with § 17 of the E-Commerce Act. If illegal content is detected on a linked/referred page, we request notification and will delete the link/reference after checking.
1.8 We reserve all rights, in particular trademark rights and copyrights, to the entire content of our website, in particular to trademarks, logos, texts, graphics, photographs, videos and layout. Unless the use is permitted by law, any use of the content of our website, in particular storage in databases, copying, distribution or editing requires our prior written consent. All product illustrations are symbolic images. For technical reasons, the delivered goods may differ from the product images on our website (e.g. color).
2.1 With regard to the conclusion of the contract, the following options exist by means of the CRM tool carried by our sales representatives:
• By clicking the button "Offer" our binding offer is created, which is sent to the customer by e- mail including these GTC and - if requested by the customer - the product description. The customer accepts our offer within the binding period stated therein by placing an order corresponding to the offer, or
• By clicking the button "Order" including the customer's signature, the customer places a binding order with us. By clicking the button "Save + Release" we accept this order by sending an order confirmation corresponding to the order including product description and these terms and conditions by e-mail to the customer.
2.2 The properties/conditions of our products, in particular the specifications in this respect, result from the corresponding product descriptions on our website or, if applicable, from our catalogs, brochures, advertisements on trade fair stands, circulars, advertising mailings or other media ("Information Material"). The corresponding product descriptions (incl. safety data sheet) on our website also contain, in particular, the physical, safety, toxicological and ecological data for handling chemical substances, as well as for their storage and disposal. The safety data must be observed in any case. Product users are strongly advised to check on our website whether they have the latest version of the product descriptions (incl. safety data sheet).
2.3 Declarations on our part, in particular informal declarations by our employees, or agreements deviating from these GTC shall only become binding upon our written confirmation. We do not give any assurances or guarantees in the legal sense. In particular, the information contained in offers, contractual documents, brochures, price lists, on our website and other information material shall not constitute any warranted or guaranteed properties/conditions.
2.4 Our products are intended exclusively for professional use and do not, in principle, comply with the requirements to be observed towards consumers. Therefore, the delivery and purchase of the products is only for the purpose of the customer's own consumption. A resale contract is not intended with this purchase.
2.5 The language of negotiation, contract and contract execution is exclusively English.
2.6 The scope of the deliveries to be made by us shall be determined by our delivery description in the contract documents. Subsequent changes by the customer to the deliveries to be made by us require our written confirmation.
2.7 Our deliveries shall be made in accordance with our delivery possibilities. In particular, the conclusion of the contract shall be subject to the reservation not to deliver or to deliver only partially in the event of incorrect or improper self-delivery. A corresponding declaration by our supplier shall be deemed sufficient proof that we are prevented from delivery without fault. In the event of non- availability or only partial availability of the delivery, the customer shall be informed within a reasonable period of time. Any consideration already paid will be refunded if applicable.
3.1 Prices are quoted in Euro ("€") plus the applicable statutory value added tax ("VAT") and EXW of the warehouse commissioned by us with the delivery in accordance with Incoterms 2020. Packaging, transport. Loading and shipping costs as well as customs duty and insurance shall be borne by the customer. If costs are incurred for necessary or expressly requested packaging, special marking and designation and the like, these shall also be added to the price according to the expenses incurred by us plus a reasonable flat-rate handling charge and shall not be included in the agreed prices in the absence of other written agreements.
3.2 We are only obliged to take back packaging if expressly agreed. The customer shall arrange for the professional and environmentally sound disposal of used material.
5.1 Unless otherwise agreed, all payments shall be made within 7 days of the invoice date without any deductions by bank transfer free of charge to our payment office. After expiry of this period, the customer shall be in default of payment. The entitlement to a discount requires an express written agreement.
5.2 Payment dedications made by the customer (e.g. on remittance slips) shall not be binding on us. We shall be entitled to use payments, irrespective of their dedication, to settle the oldest invoice items due plus the default interest and costs accrued thereon in the following order: costs, interest, principal claim.
5.3 If the customer i) defaults on an agreed payment or other performance arising from this or other legal relationships with us or ii) if there is a significant deterioration in the customer's financial circumstances after conclusion of the contract or iii) if we become aware of circumstances that are likely to reduce the customer's creditworthiness, we shall be entitled, without prejudice to our other rights, a) to suspend performance of our own obligations until performance by the customer and to claim a reasonable extension of the delivery period, b) to declare due all outstanding claims arising from this and other legal transactions, c) to perform this and other legal transactions or outstanding deliveries only against advance payment, outstanding deliveries only against advance payment.
5.4 If the payment deadline is exceeded, even if only with regard to a single partial service, any remuneration granted (discounts, deductions, etc.) shall be forfeited and added to the invoice.
5.5 In the event of default in payment, the customer undertakes to reimburse us for the dunning and collection expenses incurred, insofar as they are necessary for the appropriate prosecution. In any case, this includes the costs of two reminders in the customary amount of currently at least € 40.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
5.6 The customer shall only be entitled to offset payments if and to the extent that counterclaims have been legally established or recognized by us. The customer shall not be entitled to withhold payments. In particular, the customer shall not be entitled to withhold payments due to warranty claims or other counterclaims.
5.7 In the event of default in payment by the customer, we shall be entitled to charge the statutory default interest at the rate applicable to business transactions.
6.1 Without prejudice to our other rights, we shall be entitled to withdraw from the contract with the customer a) if the execution of the delivery or the beginning or completion of the delivery is the start, continuation or completion of the delivery is impossible for reasons attributable to the customer or is further delayed despite the setting of a reasonable grace period, b) if concerns have arisen regarding the customer's ability to pay and the customer does not make an advance payment at our request or provide suitable security prior to our delivery, or c) if the extension of the delivery period due to the circumstances set out in item 9.2 below amounts to more than half of the originally agreed delivery period in total, but at least three months.
6.2 Our withdrawal may also be declared with regard to an outstanding part of the delivery for the above reasons.
6.3 If insolvency proceedings are applied for or opened against the customer's assets or if an application for the initiation of insolvency proceedings is rejected for lack of sufficient assets, we shall be entitled to withdraw from the contract without setting a grace period. If this withdrawal is exercised, it shall become effective immediately upon the decision that the customer's company will not be continued. If the company is continued, a withdrawal shall become effective at the latest six months after the opening of insolvency proceedings. In any case, in the event of rescission, the contract shall be terminated with immediate effect, unless the insolvency law to which the customer is subject precludes this or if the termination of the contract is indispensable to avert serious economic disadvantages on our part.
6.4 Without prejudice to our other rights, in the event of withdrawal we shall be entitled a) to invoice deliveries or partial deliveries already made in accordance with the contract and to demand payment thereof (this shall also apply insofar as the delivery has not yet been accepted by the customer and for preparatory actions performed by us), b) to demand the return of items already delivered or c) to demand from the customer liquidated damages in the amount of 30% of the order value plus VAT without proof of the actual damage. The assertion of higher or remaining damages and other claims is permissible. The obligation to pay damages by the customer is independent of fault.
6.5 The assertion of claims by the customer due to reduction by more than half of the true value, error and elimination of the basis of the transaction is excluded.
7.1 All our services in connection with a "private label" requested by the customer shall be reviewed by the customer and approved by the customer within three working days of receipt by the customer. If they are not released in time, they shall be deemed to have been approved by the customer.
7.2 The customer shall make available to us in a timely manner and in full all information and documents required for the provision of the "Private Label" service. He shall inform us of all circumstances that are of importance for the execution of this order, even if these only become known during the execution of the order. The customer shall bear the expenses incurred by the fact that work has to be repeated or delayed by us as a result of his incorrect, incomplete or subsequently changed information.
7.3 The customer is furthermore obligated to check the documents (templates, photos, logos, etc.) provided for the execution of the "Private Label" order for any copyrights, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. We shall not be liable in the event of merely slight or simple gross negligence or after fulfillment of our duty to warn - in any case in the internal relationship with the customer - due to an infringement of such third-party rights by documents made available. If claims are asserted against us by a third party due to such an infringement of rights, the customer shall indemnify and hold us harmless completely upon first request; the customer shall compensate us for all disadvantages incurred by us due to a claim asserted against us by a third party, in particular the costs of an appropriate legal representation. The customer undertakes to support us in the defense against any claims of third parties. The customer shall provide us with all documents for this purpose without being requested to do so.
7.4 Retention, archiving and release of data and documents:
a) The "Private Label" produced by us for the customer in each case shall be properly stored by us without separate remuneration for a period of one year from the first delivery of products with the "Private Label" in question and shall be handed over to the customer upon request during this period. After expiry of the retention period or if we no longer need them for our performance of the contract before expiry of this period, the "Private Labels" shall be handed over to the customer at his request, otherwise they shall be destroyed. The aforementioned documents may also be stored in digital form.
b) The costs of compilation of data, shipment, packaging, storage beyond the agreed period and, if applicable, the costs of transport and destruction as well as related activities and insurance shall be borne by the customer.
c) Upon request from the customer or otherwise no longer needed "Private Labels" we can destroy immediately.
8.1 Minor changes to our delivery that are objectively justified and reasonable for the customer shall be deemed to have been approved in advance.
8.2 If, for whatever reason, the order is amended or supplemented after it has been placed, the delivery periods/deadlines shall be extended or extended by a reasonable period of time.
8.3 If the customer requests delivery within a shorter period of time after conclusion of the contract, this may constitute an amendment to the contract. As a result, overtime may become necessary and/or additional costs may be incurred due to the acceleration of material procurement, and in this case the remuneration shall be increased appropriately in proportion to the necessary additional expenditure.
8.4 Partial deliveries that are objectively justified shall be permitted and may be invoiced separately. Complaints about partial deliveries shall not entitle the customer to reject the remaining deliveries.
8.5 If delivery on call has been agreed, the delivery item shall be deemed to have been called at the latest six months after the order.
8.6 We deliver EXW of the warehouse commissioned by us with the delivery according to Incoterms 2020.
9.1 In the contractual documents, we shall statethe expected delivery periods/dates without obligation. After expiry of the expected delivery periods/dates, we shall be in default of delivery as soon as we have demonstrably received the customer's reminder by registered mail setting a reasonable grace period of at least 14 days. Compliance with our obligation to deliver presupposes the timely and proper fulfillment of the customer's obligations. We reserve the right to plead non-performance, incomplete performance and/or improper performance of the contract.
9.2 If unforeseeable circumstances or circumstances independent of the will of the parties occur, e.g. cases of force majeure, which impede compliance with the expected delivery periods/dates, these shall in any case be extended or extended by the duration of these circumstances; these include in particular epidemics, pandemics, armed conflicts, official interventions and prohibitions, transport and customs clearance delays, transport damage, energy and raw material shortages, labor disputes as well as the failure of an essential supplier who is difficult to replace. These aforementioned circumstances shall also entitle us to extend or lengthen the delivery periods/deadlines if they occur at the suppliers.
9.3 If the delivery is delayed or interrupted due to circumstances attributable to the customer, in particular due to the violation of the obligations to cooperate pursuant to item 7, delivery periods shall be extended accordingly.
9.4 Penalty provisions shall be agreed separately and shall only become valid if they are confirmed by us in writing. If no separate agreement is made in this respect, a penalty is generally excluded.
10.1 The risk shall pass to the customer upon handover to the forwarding agent or carrier, but no later than upon leaving the warehouse commissioned by us with the delivery or if the customer is in default of acceptance.
10.2 We shall be entitled to have the packaging and shipping costs as well as the fee collected from the customer on a cash on delivery basis in the event that the customer is in default with a payment arising from the business relationship existing with us or if a credit limit agreed with us is exceeded.
11.1 If the customer is in default of acceptance for more than 2 weeks (refusal of acceptance, default in advance performance, no call-off within a reasonable period of time in the case of an order on call or otherwise) and if the customer, despite having been granted a reasonable grace period, has failed to remedy the circumstances attributable to it which delay or prevent the delivery, we shall be entitled to otherwise dispose of the products and materials specified for the delivery while the contract remains in force, provided that, in the event of the continuation of the delivery performance, we procure such products and materials within a period of time which is reasonable under the respective circumstances.
11.2 In the event of default in acceptance by the customer, we shall also be entitled, if we insist on performance of the contract, to choose between shipping the goods to the customer at the customer's expense and risk or storing the goods for the customer. In the event of storage, we shall be entitled either to store the goods ourselves or to have them stored by third parties on behalf of and for the account of the customer at a storage fee customary in the market.
11.3 If the customer is in default of acceptance, we shall, however, also have the right to rescind the contract immediately after setting and expiry of a reasonable grace period and to resell or otherwise dispose of the products and materials specified for the delivery after rescission.
11.4 The assertion of our other rights and claims shall remain unaffected.
12.1 The goods delivered by us shall remain our property until full payment has been made. Furthermore, we retain title to the goods until all claims arising from the business relationship with the customer have been settled in full. If the value of the goods subject to retention of title exceeds the claims to be secured from the business relationship by more than 20%, we shall be obliged to release a corresponding part of the security interests at the customer's request.
12.2 The customer is obliged to treat the goods with care during the existence of the retention of title. Insofar as maintenance and/or inspection work is required, the customer shall carry this out regularly at its own expense. The customer must inform us immediately in writing of any access to the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. In this case, the customer is also obliged to inform the third parties of our right of ownership. The customer shall notify us immediately of any change of ownership of the goods and of any change of address. The customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.
12.3 If the customer is a reseller, he shall be entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice which accrue to him against a third party as a result of the resale. The customer shall be obliged to make a corresponding note of assignment in his books or on his invoices. We accept the assignment. After the assignment, the customer shall be authorized to collect the claim as long as he meets all his payment obligations towards us or until our revocation. We reserve the right to collect the claim ourselves as soon as the customer does not properly meet his payment obligations and defaults on payment. In all other respects, resale shall only be permissible if we have been notified of such resale in good time in advance, stating the name and address of the purchaser, and if we have given our explicit written consent to the resale. In the event of our consent, the above sentences two to six of this item 12.3. shall apply accordingly.
12.4 The customer declares its express consent that we may enter the location of the reserved goods - insofar as this is reasonable for the customer - in order to assert our reservation of title, in particular to identify and mark our reserved goods, after giving reasonable advance notice.
12.5 Necessary and reasonable costs for the appropriate prosecution shall be borne by the customer.
12.6 We shall be entitled to withdraw from the contract and/or demand the return of the goods in the event of a breach of contract by the customer, in particular in the event of default in payment. In addition, we shall be entitled to withdraw from the contract and/or demand the return of the goods in the event of a breach of an obligation pursuant to item 12.2 above. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared.
12.7 We shall be entitled to dispose of the returned goods subject to retention of title on the open market and in the best possible way for us.
12.8 Until full payment of all our claims, the reserved goods may not be pledged, transferred by way of security or otherwise encumbered with the rights of third parties.
12.9 The processing of the goods by the customer shall always be carried out in our name and on our behalf. If the goods are processed, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are combined or mixed with other items not belonging to us.
13.1 For delivery items/services which we manufacture according to customer documents (e.g. specifications, provision of "private label" services, etc.), the customer shall exclusively assume liability that these delivery items/services do not violate the rights of third parties.
13.2 If third party rights are nevertheless asserted, we shall be entitled to cease production of the delivery items/services at the customer's risk until the third party rights have been clarified, unless the unjustified nature of the claims is evident.
13.3 The customer shall fully indemnify and hold us harmless upon first demand with respect to any such infringement of third party rights. Likewise, we may claim compensation from the customer for necessary and useful costs incurred by us.
13.4 We shall be entitled to demand reasonable advances on costs from the customer for any litigation costs.
13.5 Unless otherwise agreed, we shall be obligated to provide the delivery free of intellectual property rights of third parties only in the country of the place of delivery. If a third party raises justified claims against the customer due to infringement of intellectual property rights by deliveries made by us and used in accordance with the contract, we shall be liable to the customer within the period stipulated in Clause 15.1 as follows: a) We shall, at our option and at our expense, either obtain a right of use for the deliveries concerned, modify them so that the intellectual property right is not infringed, or replace them. If this is not possible for us under reasonable conditions, the customer shall be entitled to the statutory rights of conversion or price reduction; b) our obligation to pay damages shall be governed by Clause 16; c) our aforementioned obligations shall only exist insofar as the customer immediately notifies us in writing of the claims asserted by the third party, does not acknowledge an infringement and all defensive measures and settlement negotiations are reserved for us. If the customer discontinues the use of the delivery for reasons of mitigation of damages or other important reasons, he shall be obliged to point out to the third party that the discontinuation of use does not constitute an acknowledgement of an infringement of intellectual property rights. Claims of the customer are excluded insofar as the customer is responsible for the infringement of intellectual property rights. Claims of the customer are also excluded insofar as the infringement of intellectual property rights is caused by specifications of the customer, by an application not foreseeable by us or by the fact that the delivery is modified by the customer or used together with products not delivered by us, whereby the customer shall indemnify and hold us completely harmless in this respect upon first request. In the event of infringements of intellectual property rights, the claims of the customer regulated in this item 13.5. a) shall otherwise be subject to the provisions pursuant to items 5.6, 15.1. and 15.2. last sentence accordingly.
14.1 All rights, in particular industrial property rights, copyrights, know-how or other intellectual property rights, to the products created or delivered by us and their manufacturing processes, their application and/or the processes carried out with them, as well as to components, sketches, descriptions, drawings, instructions and other technical documents as well as to samples, catalogs, brochures, illustrations, offers and the like, as well as to commercial and/or technical information, shall be ours alone and shall remain with us. With the exception of the right to use the product as intended in its specific composition and design as acquired by us, our customer shall not be granted any rights thereto, in particular any further-reaching licensing or usage rights.
Unless the product is intended for resale by our customer, these rights are exclusively owned by our customer and are not transferable and/or sublicensable.
14.2 If we provide our customers with user documentation or comparable instructions, these shall be provided exclusively as assistance for the proper use of the product. Our customer is not entitled to use these documents in any way beyond the use for the use of the product, in particular not to exploit, reproduce, distribute, process or modify them or make them available, no matter in which form and on which data carrier, and no matter whether known or not at the time of conclusion of the contract.
14.3 Our customer is not entitled to remove or change our trademarks, marks and/or otherwise attached notices.
15.1 The place of performance of the warranty is the original place of performance of our delivery. The warranty period for our deliveries shall be between 6 and 12 months from the transfer of risk, depending on the product, whereby the warranty period specifically applicable to the product in question as well as its expiration date, if any, can be found in the product description.
15.2 Subject to compliance with the agreed terms of payment, we shall be exclusively obliged in accordance with the following provisions to remedy any defect impairing the functionality which demonstrably already existed at the time of the transfer of risk and which is based on a defect in the recipe, design, material or workmanship. A defect with regard to the material and/or workmanship shall only exist if and to the extent that the delivery does not have the properties expressly agreed upon in accordance with the contract. All ancillary costs incurred in connection with the rectification of defects (such as for transport, disposal, travel and travel time) shall be borne by the customer.
15.3 Remedies of a defect claimed by the customer shall not constitute an acknowledgement of a defect.
15.4 The customer must always prove that the defect was already present at the time of the transfer of risk. The right of recourse against us pursuant to § 933b para. 1 ABGB shall expire one year after our performance.
15.5 Warranty claims of the customer further require that he has properly fulfilled his inspection and complaint obligations. Furthermore, the object of the complaint must in any case be left completely unchanged. Unless we are proven to have acted intentionally or with gross negligence, the warranty shall expire immediately if the customer himself or a third party not expressly authorized by us makes changes, repairs or maintenance to the deliveries without our written consent. The customer must inspect our deliveries (including partial deliveries) without delay for defects and notify us in writing of such defects without delay, but no later than within one week of receipt of the delivery; otherwise, the assertion of any claims for defects and other liability shall be excluded. Hidden defects must be reported to us in writing without delay, at the latest, however, within one week of discovery; otherwise, the assertion of any claims for defects and other liability is also excluded.
15.6 If the customer's allegations of defects are unjustified, the customer shall be obliged to reimburse us for any expenses incurred in determining that the goods are free of defects or in rectifying the defects at our general rates of charge.
15.7 We shall be entitled to carry out or have carried out any inspection we deem necessary, even if this renders the goods unusable. In the event that this examination shows that we are not responsible for any defects, the customer shall bear the costs of this examination.
15.8 We shall initially provide warranty for defects in our delivery at our discretion by improvement or replacement. If improvement or replacement is not possible or feasible, the customer may, at its discretion, demand a price reduction or, if the defect is not minor, rescission of the contract.
15.9 The customer shall grant us at least two attempts to improve or replace the goods.
15.10. Improvement and/or replacement shall not extend or interrupt the warranty period. With regard to the new goods or their parts used within the scope of the improvement or replacement, an independent liability for defects, regardless of the legal grounds, is excluded.
15.11. If the delivery items are manufactured on the basis of information, drawings, labels or other specifications of the customer, we shall only provide a warranty for the execution in accordance with the conditions.
15.12. Any use or processing of the defective delivery item that threatens further damage or makes it difficult or impossible to determine the cause shall be discontinued by the customer immediately, unless this is unreasonable.
15.13. Excluded from the warranty and/or any other liability on our part are such defects which result from arrangements not effected by us, non-observance of the instructions for use, care and/or conditions of use, overloading of the parts beyond the values specified by us or the manufacturer, negligent, improper and/or incorrect handling or storage or use of unsuitable operating materials or faulty maintenance. We also do not warrant or assume liability for damage caused by actions of third parties, atmospheric discharges and/or electrical, electronic or chemical influences. The warranty does not apply to the replacement of parts that are subject to natural wear and tear.
15.14. For those deliveries which we, for our part, have procured from suppliers, we shall only provide a warranty within the scope of the warranty claims to which we are entitled against the supplier.
15.15. In the event of defects of title other than those regulated in item 13.5, the provisions of this item 15 shall apply accordingly.
15.16. Hydrogen embrittlement: Brittle fracture may occur in electroplated, high-strength or case- hardened articles with a tensile strength of 1000 N/mm² or more and core or surface hardnesses of 320 HV or more. This can be reduced by tempering, but cannot be excluded (see DIN EN ISO 4042, DIN EN ISO 15330). Liability for defects and/or other liability for the consequences of a hydrogen embrittlement-related defect is excluded. If the customer wishes to reduce the risk of embrittlement, this can only be done at the express request and risk of the customer.
15.17. Our liability for defects is conclusively regulated in this item 15. Any further liability for defects on our part, regardless of the legal basis, is excluded.
16.1 In cases of slight negligence, liability on our part and on the part of our employees, contractors or other vicarious agents ("people") for property damage or financial loss shall be excluded, irrespective of whether this relates to direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract/requirement, culpa in contrahendo, due to defective or incomplete performance or damage arising from third-party claims against the customer. The existence of gross negligence or intent must always be proven by the injured party. Insofar as our liability is excluded or limited, this also applies to the personal liability of our people.
16.2 The above limitations of liability shall not apply if the damage results from risks which are neither typical for the legal relationship nor were foreseeable under the particular circumstances of the individual case.
16.3 Should the customer itself be held liable on the basis of the Austrian Product Liability Act ("PHG") or corresponding foreign provisions, it shall expressly waive any recourse against us, in particular within the meaning of § 12 PHG or corresponding foreign provisions, unless gross negligence on our part is proven in this respect.
16.4 All liability claims against us on the merits shall be limited in amount to the net value of the delivery giving rise to a liability claim or to the actual cover provided by any insurance taken out by us, whichever is higher.
16.5 Liability claims against us shall become statute-barred 12 months after performance of our delivery, in the case of tortious liability after knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the person liable for compensation.
16.6 The customer shall ensure the proper use of our products in its applications by means of suitable training, instruction and documentation measures. In doing so, the guidelines set forth in the instructions for use shall be observed. We shall not be subject to any testing and/or warning obligation with regard to the customer's intended use of the product supplied by us. Insofar as procedural, environmental and/or safety guidelines, standards or conditions exist for the customer's business area, the customer shall be obliged to take these into account alone or to ensure compliance with them as well as the function of the delivered product within the scope of its operation and to indemnify and hold us completely harmless in this respect against claims of third parties upon first request.
16.7 Unless otherwise stipulated in these GTC, our liability is conclusively regulated in this item 16. Any further liability on our part, regardless of the legal basis, is excluded.
Should a provision of the contract be or become invalid in whole or in part, the permissible provision which comes as close as possible to the economic purpose of this provision shall be deemed to have been agreed. This shall also apply if the invalidity of a provision is based on a standardized measure of performance or time in the contract; in such cases, a legally permissible measure of performance and time that comes as close as possible to what was intended shall replace what was agreed. The validity of the remainder of the contract shall not be affected thereby. The same shall apply in the event of a loophole requiring supplementation.
18.1 Austrian law shall apply exclusively.
18.2 The UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law are excluded.
18.3 The place of performance for our contractual obligations shall be at the location of the warehouse commissioned by us with the performance. Place of performance for all obligations of the customer is Kallham 7, A-4720 Kallham.
18.4 The place of jurisdiction for all legal disputes arising between us and the customer from and in connection with the contractual relationship shall be the court having local and subject-matter jurisdiction for A-1230 Vienna. Notwithstanding the foregoing, we shall also be entitled, at our discretion, to bring a claim against the customer before any other court that may have jurisdiction under national or international law.
18.5 The customer shall notify us immediately in writing of any changes to its name, company, address, legal form or other relevant information.
18.6 When exporting our products, the respective valid export and control regulations must be observed. Any permits must be obtained by the customer in good time and submitted to us. If this is not done, we shall be entitled to withdraw from the contract without being liable for damages to the customer in this respect. The assessment as to whether a product requires an export license and whether the export is subject to special control regulations is the sole responsibility of the customer. In the event of any violation of such provisions, the customer shall indemnify us against any claims of third parties of any kind whatsoever. This shall also apply to any costs incurred by us in connection with the assertion of our rights.
18.7 We are not obligated to store or save labels, data carriers including the data, papers, etc. on them after execution of the order, unless a written agreement has been made with the customer. Also an agreed obligation for storage expires if the customer does not pay the costs charged for it within 4 weeks. We are not obliged to take out insurance to cover risks to stored/stored goods/data.