Terms of the Fa. SANUBE (Diersbach) Sales
These Terms and Conditions (VLB) are an integral part of all our quotations, sales and deliveries. Deviations from these conditions are only effective in the individual case, if they are confirmed by us in writing. Of customers purchasing conditions oblige us only when we have accepted their validity in writing.
If the purchaser a separate agreement concluded, the provisions thereof shall apply primarily. Subsidiarily, the VLB apply insofar as reference is made to this or it is a situation which is regulated only in the VLB.
Order Acceptance / rescission of the seller
With the order the customer is bound by them, namely for a period of four weeks from receipt Sanube. Provides Sanube this order an order confirmation (AB) from the order upon receipt of the AB is effective and binding for both parties come into existence. Order confirmations must be checked immediately by the customer to their accuracy. Any deviations from the order shall be notified in writing not later than within 2 (two) days, otherwise no delivery and services contained in the AB applies incontrovertibly as approved by the partners.
Turns out after acceptance of the order that the financial circumstances of the customers are so poor that our claims are endangered or are aware of circumstances which reduce the creditworthiness of the purchaser sustainable, so we are entitled to our own performance until the consideration is paid or until the Ensuring to refuse the same. We can also prohibit the resale of the goods delivered under retention of title and demand their surrender. Moreover, we are entitled to rescind the contract and claim damages.
There is a minor quantity surcharge of flat rate 10,00 € all orders applicable, their order or order is less than € 50.00.
U measures. Weights are subject to standard deviations. The weights are calculated based on the values listed in the catalogs. These are considered to be known.
For aluminum profiles following standards apply:
EN 755-1 - Technical specification
EN 755-8 - Porthole tool pipes, Dimensional and shape tolerances
EN 755-9 - profiles, Dimensional and shape tolerances
DIN ISO 2768-1 applies design C for Bordwände manufactured according to customer specifications as well as the aluminum kits.
Our services will be invoiced based on the current price list, less the agreed conditions. The order acceptance is required to refer to those price list, which has in receipt of suitable order validity. This order is compatible if it is done in a for Sanube commercially and technically clarified form.
Unless otherwise agreed, our prices are quoted without VAT, without installation, insurance, Rollgeld-, shipping, handling charges and without other additional costs from our warehouse.
Customer information / plans
In all cases, that the purchaser for the correctness and suitability of its ordering information (eg Pieces, dimensions, quantities;. Cited order numbers; color, shape and other specification details, etc.) is solely responsible; just for the technically perfect solution for information supplied by the customer plans and drawings.
If the customer demands of us in the context of tenders planliche representations, extensive sketches, etc., we reserve the right to us, the expense related to invoice separately.
Copyright and other intellectual property rights are not transmitted by us in connection with offers, sales or deliveries and handed over for use.
Terms of payment
Insofar as no deviating payment or any other discount agreement are met, our supplies and services within 10 days with 2% discount, otherwise within 30 days from date of invoice net per due for payment. In case of default, we are entitled to demand bankable default interest and indeed in any case 12% per annum At default all reminder, collection and legal costs are also to replace even those on extrajudicial enforcement steps. For the event of default, the customer acknowledges now to Parliament's obligation to pay the reason and the amount according namely to the extent, as these costs by reference to the autonomous fee policy for Lawyers (AHR 1976) and now idjgF Calculate.
If the customer with the payment of our duly deliveries and services in default and exceed these residues in individual or multiple orders along the amount of € 10.000, - exclusive VAT (in words: ten thousand euros), Sanube is additionally entitled to the immediate payment all other existing claims demand. Moreover Sanube may refuse to honor all not executed purchase, works and service contracts until the complete repayment of the arrears. Besides Sanube is also entitled to withdraw from all unfulfilled contracts with immediate effect.
The purchaser is not entitled to its own claims against claims Sanubes on payment of outstanding receivables from individual purchase, works and supply contracts offset or undue benefits, for any reason whatsoever, withhold or reduce. This set-off waiver shall not regard those counterclaims which have been recognized by Sanube writing or Sanube against judicially determined.
Drafts are only accepted against prior consultation as means of payment.
Sanube is entitled to offset payments against older debts despite any provisions of the buyer: it will inform the buyer of the type of settlement. Costs and interest have already been incurred, Sanube empowered to offset the payment first against the costs, then the interest and finally against the principal performance.
Become Sanube circumstances known on the creditworthiness of the purchaser into question, in particular this does not honor a check or if he stops his payments or other circumstances be ascertained, the creditworthiness of the buyer, so Sanube empowered the remaining debt due to make. In this case, as advance payments or ensuring a security may be required.
The purchaser is entitled to offset, retention or reduction, even if complaints or counterclaims are made valid, only if the counterclaims have been legally established or are undisputed.
Retention of title
All goods are delivered under retention of title. They remain our property until full payment of all, also future claims arising from our business relationship with the customer. For current accounts, the reserved property serves as security for our balance claim. Also by installing acquires the conditional purchaser (customer) is not the ownership of the delivered goods and there remain all the removable parts as an independent part in the retention of title of the conditional vendor, unless inseparable tangible connection. The closing of the issuance and guarantee are not considered as withdrawal from the contract and cancel the obligations of the customer, in particular the payment of the purchase price, not on.
The conditional buyer (customer) is entitled to process the goods and to sell. In this case goes in a cash sale of resale price to the level of the still outstanding purchase price is not the property of the conditional purchaser weiterveräußernden over. This has rather separately to keep the resale proceeds and pay immediately the amount of the still outstanding purchase price to us. The customer enters the event of credit purchase now from which he is entitled from the resale against his customer (subsequent purchasers) to us as security. The customer is authorized to collect the assigned claim as long as opposite contractually fulfill his obligation to pay us. The customer has to give on request the name and address of the purchaser, as well as the amount of his claim immediately known and auszufolgen all documents for enforcement of our claims. The customer is also obliged to inform us attachments or third party access to the goods immediately. The customer is obliged to bear the costs of measures to eliminate the access of third parties to delivered under retention of title, in particular the costs of intervention processes, provided that they can not be collected from the opposite side.
In case of assertion of our retention of title of the conditional buyer (customer) authorizes us now to withdraw the ownership of our goods without judicial assistance. Likewise, we are entitled to either the purchased item best possible to sell and to credit the proceeds to the customer on its outstanding commitments, or to take back the purchased item at the invoice price and to charge the customer for the period of his property for the delivered products a rent to the usual rental price ; subject to asserting additional claims for compensation.
Delivery / cancellation
The announced delivery of us are non-binding. By the mere indication or agreement of delivery times no firm deal is concluded. The always to be viewed as approximate delivery period begins with the order confirmation, but never before clarification of technical details.
Delivery and performance delay due to force majeure and due to events that complicate the delivery or make it impossible ¬ in particular: strike, lockout, official orders etc. even if they eintreten¬ with suppliers or their subcontractors, are even with binding deadlines and appointments not responsible. They entitle beyond Sanube, the delivery or performance by the period of obstruction plus. Postpone a reasonable lead time. If the impediment lasts longer than three months, Sanube can withdraw from the contract because of the unfulfilled part completely or partially.
If the delivery dates specified by us is exceeded by 14 days, the customer is entitled to grant a further extension of 14 days to withdraw from the contract by written declaration. All other claims, particularly claims for damages of any kind are excluded. If specified delivery periods are exceeded at a total contract only with regard to a part, the above arrangement shall apply, provided that the resignation of the partial delivery is only permissible with respect, which is not carried out within the grace period. Malfunctions and force majeure entitle us to the exclusion of claims for damages to the extension of deadlines or repeal the obligation to deliver.
We are generally authorized to carry out partial or advance deliveries and above to submit partial invoices.
Langt to delivery of the goods a written cancellation of the order by the buyer, we shall be entitled, without concrete evidence of damage to demand a cancellation fee of 30% of the list price or the actual loss greater damage, plus the loss of profit. The execution of the canceled legal transaction does not occur against it.
From delivery of the goods a contract cancellation is permitted only with the consent Sanubes. In this case, the buyer has to pay at least 30% of the list price of the cancellation fee (see Retourwaren settlement).
Unless otherwise expressly agreed, the transport is at the expense and risk of the purchaser, even for partial deliveries. Insurance of the goods is carried out only at the expense and express order from the customer.
Technical data analysis information, illustrations, drawings, dimensions, weights or other performance data in brochures, advertising leaflets or similar documents intended for general description of the goods. This is not to condition-related information or guarantees, unless they are expressly designated as such. They are to be regarded as binding, if this is expressly agreed in writing.
Agreed are personality traits or characteristics only if they are expressly stated in the order form or order confirmation as agreed quality characteristics. The sales staff are not authorized to make verbal subsidiary agreements or give verbal warranties, which go beyond the content of the written contract.
For delivery of defective goods, it is Sanube free, its warranty obligations through repair, replacement properly comply against defective goods, replacing the reduced value or by conversion. The exercise of the warranty obligations of other than on the specific performance of varieties authorized Sanube to demand for the extent overtime period as well as for the incurred additional travel expenses incurred by the purchaser replacement pages.
We generally accept in accordance with the following rules justified warranty claims of our contractual partner to all parts in our contract, that are applied in writing within two years from delivery of our product to our contract partner, but at the latest within one year of first registration of the vehicle to us. After this period approached us supported claims are excluded. A precondition for the An¬spruch that the installation has been carried out properly and in accordance with the installation instructions of the company Sanube by a specialist company.
Any kind of mechanical destruction includes a claim made against us. Claims associated with defects of wearing parts or their repair costs or due to such defects are, and that our product or individual parts designated claims in connection with defects, which are caused by material defects or material fatigue or on special or in the material data sheets or product information be exposed to undue physical, chemical, mechanical or other effects (eg acids, alkalis, temperatures outside the range of minus 30 C to plus 65 ° C, leaking cargo, chemical cleaning agents or its consequences, UV radiation outside the UV Directive ISO 4892T2 ), are excluded.
Furthermore, no claims can be raised if our components are assembled with foreign parts, performed the audit by a third party or carried out interventions in our system by third parties.
The decision on whether a replacement or an improvement (= repair) is carried out, is for the company Sanube. Any repair work must be carried out case of other general expiry of all warranty claims and other claims in our authorized workshops. The decision in the case of costs incurred for repair labor costs to replace the strictly necessary, but no more than usual extent.
Over and above the This warranty claims further claims, especially claims for damages, for. Example because Ausfallskosten-, lost profits, consequential damages or economic losses of any kind to be replaced in any case. Recourse according to § 933b ABGB are excluded.
The buyer has obvious defects within 24 hours, other defects immediately, but not later than within one week after the electrical input of the delivery item, in writing and with a. Photo notified. Defects that can not be detected by a thorough examination within this period, Sanube soon as they were notified in writing. If deficiencies are evident only during processing, so complaints can be considered only if the processing of the defective items adjusted immediately and will be given at the request of Sanbe opportunity to visit.
Product Liability Law
The purchaser undertakes to observe all our warnings, instructions and other product declarations etc. itself and to make known to the end user in the same complete and the most recent version. The announcement has as far as possible (etc. product description) to be made in writing, as far as possible using our relevant visual aids.
Should the customer even be used in the context of product liability law to liability, he waived towards us expressly now on a recourse according to § 12 German Product Liability Act. In the event that such a bandaging should fail, the customer is obliged to indemnify us and hold us harmless and to reimburse all costs incurred by us in connection with a no-fault liability. Should the client be used even under the Product Liability Act for liability, he waived towards us specifically applies to a recourse.
Should one of the above provisions subsequently turn out to be ineffective, the validity of the remaining provisions or agreements shall not be affected. In this case, the contracting parties shall endeavor to be replaced by a provision in place that corresponds to the purpose of the contract most closely.
Unless expressly agreed otherwise in writing, the Sanube submitted information does not apply in connection with orders as confidential.
Fulfillment and jurisdiction
For all deliveries and payments shall be deemed fulfillment Diersbach, even if the transfer is agreed to be at a different location.
For all disputes arising between us and the customer disputes the competent court in A-4780 Schärding is responsible. The supplier may also call at any time to another court having jurisdiction for the buyer.
It comes in all cases, between us and the customer Austrian law shall apply. It is expressly excluded the applicability of the Vienna Sales Convention 1980th
This VLB also apply to consumer transactions, to the extent not provide for mandatory provisions of law otherwise.