1.1. These general terms and conditions apply unless the contracting parties have expressly agreed otherwise in writing.
1.2. The following provisions on the delivery of goods apply mutatis mutandis to services.
1.3. For assembly work, the installation conditions of the Austrian Association of the Austrian Machinery and Steel Industry (FMS) apply in addition.
2.1. The contract is considered closed if the seller has sent a written order or order confirmation after receiving the order. The buyer must check the order or order confirmation immediately. If the order or order confirmation deviates from the order and the customer has not complained in writing within 3 days, this is considered by the buyer as approved.
2.2. Changes and additions to the contract require the written confirmation of the seller in order to be valid. Conditions of purchase of the buyer are only binding for the seller if they are separately acknowledged by the seller in writing. Verbal promises of the seller are only binding if they are confirmed in retrospect in writing.
2.3. The offers (including items ordered in the Web shop) and delivery dates of the seller are valid until the receipt of the order confirmation by the buyer as non-binding and subject to change. The intermediate sale is reserved.
2.4. If import and export licenses, foreign exchange permits or similar approvals are required for the execution of the contract, the party responsible for the procurement must make every reasonable effort to obtain the necessary licenses or approvals in a timely manner.
2.5. The seller is entitled to withdraw from already concluded contracts, if the buyer does not meet his payment obligations (payment in advance within 5 working days after receipt of the order confirmation), or if payment processing via credit card institutions, banking institutions or other payment processing agencies is rejected due to lack of cover. Similarly, the seller is entitled to withdraw from concluded contracts, if a credit insurance company refuses to cover the customer.
2.6. In the event of unjustified withdrawal from the contract by the customer or if the seller is unable to pay due to point 6.7. or 8.1.d (acceptance or default of payment by the buyer) withdraws from the contract, the seller is entitled, regardless of all claims for compensation beyond that, 10% (ten percent) of the purchase price as a cancellation fee due.
3. INFORMATION, PLANS AND DOCUMENTS
3.1. The information contained in catalogs, homepage, web shop, newsletters, advertisements, brochures, illustrations, price lists, etc., about dimensions, weight, capacity, delivery, price, etc. are only relevant if they are expressly referred to in the order confirmation. The respective details about the performance are user and material dependent and based on experience. From them, however, no assurances of any kind are derivable. From data on weight recommendations of the carrier equipment (for example, excavator weight) for the products offered by the seller, no legal consequences for the seller can be derived. Here, only the information from the manufacturers of the carrier devices are relevant. The buyer is obliged in this regard to obtain all necessary information and recommendations from the manufacturer of the carrier (eg excavator manufacturer) and to follow them accordingly. In particular, Seller shall not be liable for any damage that may occur as a result of improper use (such as excessive weight) or improper use of the attachment with the Carrier, nor is Seller liable for the Product being sold to be used with any particular Carrier.
3.2. Sketches, plans and other technical documents remain, as well as catalogs, samples, brochures, illustrations, illustrations, videos, installation and assembly instructions, operating instructions and images, etc., even if they are offered in Internet media (eg homepage), always intellectual property of seller. Any use, distribution, duplication, publication and presentation may only take place with the express consent of the owner.
3.3. The seller reserves the right to alter design and material, provided that the usual or contractually required use of the object of delivery is not significantly and adversely affected.
Unless otherwise agreed, the prices are without packaging. If the packaging is carried out in a manner customary in the trade in order to avoid transport damage under normal conditions of transport of the goods on the way to the specified place of destination, this shall be at the expense of the buyer and will only be taken back by agreement.
5.1. The time of the transfer of risk is determined in the following cases: a) in the case of sale "ex works", the risk passes from the seller to the buyer if the goods are made available to the buyer. The seller must inform the buyer of the time from which he can dispose of the goods. This notification must be made in good time so that the buyer can take the usual measures necessary for this; b) in case of sale "truck, barge, wagon" (agreed place of dispatch), "border" or "place of destination" or on sale "Freight up to" the risk passes from the seller to the buyer at the time when the goods loaded means of transport is taken over by the first carrier; c) on sale "fob" or
"Cif" or "c & f" the risk passes from the seller to the buyer, if the goods in the agreed port of shipment has actually exceeded the railing.
5.2. Unless otherwise agreed, the goods are sold as "ex works".
5.3. The seller is obliged to take out insurance only if and insofar as this has been agreed in writing.
5.4. Incidentally, the INCOTERMS shall apply in the version valid on the day of the conclusion of the contract.
6. DELIVERY TIME
6.1. Unless otherwise agreed, the delivery period begins with the latest of the following dates: a) date of order or order confirmation; b) the date of fulfillment of all technical, commercial and financial preconditions incumbent on the Buyer; c) the date on which the seller receives a down payment or advance payment to be made before delivery of the goods, and
/ or a letter of credit to be drawn up has been opened.
6.2. The seller is entitled to carry out partial and advance deliveries and to charge them separately.
6.3. If the delivery is delayed due to a circumstance occurring on the part of the seller which constitutes a reason for relief in the sense of Art. 11 last paragraph, then a reasonable extension of the delivery period shall be granted.
6.4. If the seller has caused a delay in delivery, the buyer can either demand fulfillment or declare the withdrawal from the contract by setting a reasonable deadline for recovery. In the case of custom-made products, it must be taken into account when dimensioning the period of grace that the seller may not otherwise be able to use parts that have already been worked on.
6.5. Was the in Art. 6.4. provided that the supplier has not complied with the stipulated period of grace, the purchaser may, by written notice, cancel the contract in respect of all goods not yet delivered which can not be used in an appropriate manner. In this case, the buyer has the right to reimbursement of the payments made for the goods not delivered or for the unusable goods and, insofar as the delay in delivery was caused by gross negligence on the part of the seller, to reimbursement of the justified expenses until the termination of the contract and had to be made for its implementation. The seller is not liable for any lost profit of the buyer. Goods already delivered and unusable must be returned by the buyer to the seller.
6.6. Claims of the buyer other than those mentioned in Art. 6 against the seller due to their default are excluded.
6.7. If the buyer does not accept the contractually provided goods at the contractually agreed place or at the contractually agreed time and the delay is not caused by an act or omission of the seller, the seller can either demand performance or rescind the contract by setting a time limit for acceptance. If the seller withdraws from the contract due to the buyer's default of acceptance, then point 2.6. apply mutatis mutandis. If the goods have been sorted out, the seller can make the storage of the goods at the expense and risk of the buyer. The seller is also entitled to demand reimbursement for all justified expenses which he had to pay for the execution of the contract and which are not included in the payments received.
The prices are, unless expressly agreed otherwise, ex works of the seller without packaging and without loading. If the delivery is agreed with delivery, the prices are understood without unloading and without contracts. Unanticipated delivery costs not caused by the seller (such as temporary storage, repeated arrival) are to be paid by the customer.
8.1. Payments must be made according to the agreed terms of payment. The Buyer is not entitled to withhold or offset payments for warranty claims or other counterclaims not recognized by the Seller. If the purchaser is in arrears with an agreed payment or other service, the vendor may either: a) insist on performance of the contract and postpone fulfillment of his own obligations until the outstanding payments or other services have been effected; b) make the entire, still open purchase price due; c) set a reasonable grace period; d) declare resignation by granting a grace period. The seller is entitled, provided that there is no reason for relief within the meaning of Art. 11, from the due date of a claim to charge default interest in the amount of 6% above the respective 3-month EURIBOR. The assertion of higher default interest from the title of the damages remains reserved. Any frustrated expenses incurred by the seller for the performance of the contract must be reimbursed. Until complete payment has been made (including any interest or transport costs), the seller reserves the right of ownership of the object of purchase.
8.2. All credit card holders are subject to validation and approval by the card issuer. Personal data of the credit card holder, which are necessary for these examinations, we may exchange with third parties. If the issuer of the credit card refuses to approve the payment, we are only obliged to deliver if the customer makes the payment otherwise.
8.3. The seller uses encrypted transmission paths according to the state of the art for payment processing via the web shop. However, the seller is not liable for the misuse of payment-related data by third parties.
9. CUSTOMER ACCOUNT AND DATA
9.1. By using the Customer Account Service or the Web Shop, the Customer is responsible for ensuring the confidentiality of the account and password and for restricting access to the computer. The customer agrees to be responsible for all activities made through the account or password. The customer must take all necessary steps to ensure that the password is kept secret and stored securely and must notify Hartl Engineering & Marketing GmbH immediately if there is cause for concern that a third party has gained knowledge of the password or unauthorized the password is used or is likely.
9.2. The customer is responsible for ensuring that the information provided to the seller is correct and complete. The customer has informed the seller of any changes in the information provided by the customer. The customer may view and update many of the information he has provided to the seller as well as the account settings in the My Account section of the website.
9.3. The customer may not use the customer account service or the web shop service: a) in a manner which is suitable for interrupting, damaging or otherwise damaging the customer account service or the web shop or the access thereto or (b) for fraudulent purposes or in connection with an offense or illegal activity; or (c) to cause annoyance, inconvenience or anxiety.
9.5. Information, which the seller receives from the customer, should help to customize the order processing via the web shop and the customer account and to constantly improve it. The seller uses this information for the processing of orders, the delivery of goods and the provision of services and information, as well as the processing of the payment (for invoice purchase also for necessary checks). The seller also uses the information to communicate with the customer about orders, products, services, and marketing offerings, as well as to update the records and maintain and maintain the seller's account with the seller, as well as to depict content and the customer's products or to recommend services that may interest the customer. The seller also uses the data and information to improve his own offerings and platform, to prevent or detect misuse, in particular fraud. The seller also uses the data to enable third parties to carry out technical, logistical or other services on his behalf. The seller is also entitled to disclose this information to authorized dealers and / or contracted sales personnel in order to fulfill the above-mentioned purposes.
9.6. The seller must protect the data of the customer from unauthorized use. The seller is not liable for the misappropriation or use of data by third parties.
The necessary for the delivery, commissioning or possibly accruing or necessary reworking must be provided by the buyer free of charge.
11. WARRANTY AND LIABILITY
The warranty only applies to brand-new goods and under the condition of the fulfilled terms of payment, the exclusive use of Hartl Genuine Spare and Wear Parts, as well as the fulfilled maintenance instructions according to the operating and maintenance instructions by trained persons or by authorized dealers. The warranty period is 12 months from commissioning of the goods. Unless the commissioning is proven by a valid commissioning protocol, the date of the invoice is the date of commissioning. An extension of the warranty period does not occur after remedying the defect. The buyer is obliged to inspect delivered goods immediately upon receipt. Immediately upon receipt of the goods, it must be inspected for obvious defects in accordance with § 377 UGB (Austrian Business Code). Defects which, despite proper examination, emerge later, must be made in writing immediately after they have come forward, stating the order details, the invoice number and an exact description of the nature, extent and content of the defect of the goods complained of.
If the buyer omits the formal and timely announcement, the goods are considered approved. The timeliness of the advertisement depends on the time of its receipt by the supplier. Any warranty or indemnity is excluded if the defect in the delivered goods is not promptly and timely notified immediately upon receipt and / or defects after their discovery, or any changes have been made to the delivered goods by persons not authorized by the Supplier or the goods were otherwise handled improperly. The warranty also expires if parts of the system are replaced by non-genuine Hartl replacement or wearing parts and the use of these parts has not been expressly recommended or approved by the seller. The warranty is provided only in such a way that the defective parts, which are demonstrably unusable within this time due to work or material defects, replaced at the discretion of the seller free of charge or repaired in a timely manner. The labor costs incurred for disassembly and assembly shall be borne by the purchaser. If parts are returned, the buyer assumes the risk and costs. For costs incurred if the buyer himself carries out remedy, the seller must give the written consent.
The warranty is only valid for the defects that occur during normal use. It does not apply to defects resulting from improper handling by the buyer or one of his agents. There is no warranty for wear or damage caused by force and its consequential damages. For those parts, which the vendor has purchased from subcontractors, he is liable only in the context of his own warranty claims.
The seller is liable for damages within the framework of statutory provisions, provided that intent or gross negligence can be proven. The liability for slight negligence, the replacement of consequential damage and financial loss, not achieved savings, lost profits, interest losses and damages from claims of third parties against the buyer are excluded. Furthermore, no liability is assumed for injuries to persons or damage to goods that are not part of the contract.
In any case, the following circumstances apply as grounds for relief: labor conflicts, fire, seizure, embargo, ban on currency transfer, uprising, lack of means of transport, restriction of energy consumption.
12. JURISDICTION, APPLICABLE LAW
The place of jurisdiction for all disputes arising directly or indirectly from the contract is the Austrian court having jurisdiction over the place of business of the seller. In addition to the general terms and conditions of the seller, Austrian law applies exclusively. The application of the UN Sales Convention is expressly excluded. For delivery and payment, the place of performance shall be the registered office of the seller, even if the transfer is made to another place as agreed.
These terms and conditions are available in different languages; for the clarification of interpretation questions of the English and German version only the German version is authoritative.
Hartl Solutions GmbH
Tel. +43 676 6322311