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STANDARD TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale (Abridged Version)

1. Validity / Severability Clause

These General Terms and Conditions of Sale apply exclusively. The customer’s general terms and conditions are expressly excluded, even if they are not expressly rejected. Any deviations are effective only if agreed upon in writing in advance.

2. Terms of Payment / Late Payment

Invoices are due within 14 business days of the invoice date, unless otherwise specified on the invoice or in the order.

If payment is late, late payment interest will be charged:

  • for commercial transactions: 9.2 percentage points above the base rate pursuant to Section 456 of the Austrian Commercial Code (UGB)
  • Where applicable (e.g., consumers): statutory interest pursuant to § 1000 of the Austrian Civil Code (ABGB) In addition, reasonable reminder and collection fees may be charged. In the event of late payment, we are entitled to suspend deliveries or services until full payment has been made.

3. Debt Collection / Debt Enforcement

If a payment remains outstanding more than 60 days after the due date, we are entitled to engage a collection agency or legal counsel. The customer shall bear any reasonable costs incurred as a result.

4. Withholding Tax / Taxes Abroad

If the customer’s country requires statutory deductions (e.g., withholding tax) from invoice amounts, the customer must pay these at their own expense. The invoice amount must be paid to us in full; we are not responsible for any deductions or costs resulting from foreign regulations.

5. Services / Delivery Dates

We provide our services to the best of our knowledge and belief within the agreed timeframes. Delivery and service dates are non-binding estimates unless expressly agreed to be binding. We do not guarantee success.

6. Warranty / Notice of Defects (Transactions with Businesses)

If the purchase constitutes a business transaction for both parties, the inspection and notification obligations under Section 377 of the Austrian Commercial Code (UGB) apply: Defects must be inspected immediately upon delivery and reported in writing within a reasonable period of time; otherwise, the goods shall be deemed accepted.

Obvious defects must be reported in writing—to the extent permitted—no later than 8 days after delivery or performance. Hidden defects must be reported in writing within a reasonable period of time after their discovery.

7. Liability

Our liability for slight negligence is excluded to the extent permitted by law. We assume no liability for lost profits, indirect damages, consequential damages, or pure financial losses. Mandatory liabilities (e.g., personal injury, product liability) remain unaffected.

8. Written Form / Notices

Statements and complaints that have legal effect must be made in writing (email is sufficient unless a more formal method is required).

9. Governing Law / Jurisdiction

Austrian law shall apply exclusively, to the exclusion of the conflict-of-laws provisions of the IPRG and—to the extent permitted—to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for business customers is—to the extent permitted—the court with subject-matter jurisdiction at the seller’s place of business.