1. general
These terms and conditions are an integral part of every offer made by Carbon4 Heizsysteme GmbH and of every purchase contract concluded with it; they therefore also apply as a framework agreement for all further legal transactions between the contracting parties.
2. contract
A purchase contract becomes legally binding for Carbon4 Heizsysteme GmbH when it confirms the order or the order addressed to it in writing. Verbal agreements must be confirmed in writing by Carbon4 Heizsysteme GmbH in order to be valid. If the execution of additional work is deemed necessary for the fulfillment of the contract, the scope of the work may be exceeded by up to 20% without consulting the customer. If special services, such as travel or dismantling work, are required on the part of Carbon4 Heizsysteme GmbH for the purpose of submitting a cost estimate, the right is reserved to charge these special expenses, even if the order is not placed or only placed in a modified form.
3. prices
Unless otherwise agreed in writing, all prices are net prices ex works, without packaging and without discount. Furthermore, they are indicative prices only and are subject to price increases by the supplier on the basis of changes in labor and material costs.
4. terms of payment
Unless otherwise agreed in writing (by mutual agreement), all invoiced deliveries and services shall be paid in cash, free of charges and without deduction. Collection and discount charges shall be borne by the purchaser (client), and the client also undertakes to pay an amount of € 10 per reminder sent by Carbon4 Heizsysteme GmbH plus the default interest and costs incurred on the invoice amount.
5. loss of date
This occurs if the buyer and thus the client is more than two weeks in arrears with a contractual payment. The loss of payment entitles Carbon4 Heizsysteme to demand immediate payment of the entire remaining invoice amount.
6. delivery
Unless a fixed date has been expressly agreed, delivery periods are always non-binding. The delivery period shall commence when the order comes into effect, but never before the agreed down payment has been made or the agreed means of payment have been provided. Force majeure or other unforeseen obstacles in the sphere of Carbon4 Heating Systems shall release it from compliance with the agreed obligations and shall result in the purchaser waiving the assertion of any claims in this connection. Carbon4 Heizsysteme GmbH is also entitled to make partial deliveries. In the event of an agreed change to the order, Carbon4 Heizsysteme GmbH is entitled to redefine the delivery date. The seller shall not be liable for delays in delivery for which he is not responsible. In such a case, the buyer waives the right to withdraw from the purchase and to assert claims for damages.
7. shipping
Shipment is always at the expense and risk of the buyer, even in the case of carriage paid delivery. Insurance of the delivery shall only be effected by special agreement at the buyer’s expense.
8. reservation of title
The delivered objects of purchase remain the property of Carbon4 Heizsysteme GmbH until the purchase price has been paid in full. The purchaser is obliged to keep the object of purchase in proper condition for the duration of the retention of title and to have any necessary repairs carried out immediately – except in emergencies – in the repair workshops of Carbon4 Heizsysteme or in a recognized workshop of the supplier’s plant. The assertion of the retention of title does not simultaneously mean withdrawal from the contract. Carbon4 Heizsysteme GmbH is entitled to sell the object of purchase on the open market, offsetting it against the purchase price claim.
9 Warranty and compensation
The objects of purchase must be inspected by the buyer with due care immediately upon acceptance and any detectable defects must be noted in detail on the delivery bill or consignment note to the exclusion of any other claims. If an immediate inspection is not possible upon acceptance, this circumstance must be noted on the delivery bill or consignment note, otherwise all claims are excluded, and a detailed written complaint must be made within eight days of acceptance of any defect that can be detected during a subsequent inspection. In amendment of the provision of § 933 ABGB, warranty claims must be asserted in court within 6 months of handover of the object of purchase. The customer is obliged to observe all instructions for use provided to him, in particular the manufacturer’s maintenance instructions and operating instructions, and to obtain an opinion from Carbon4 Heizsysteme GmbH in case of doubt. Carbon4 Heizsysteme GmbH shall in no case be liable for defects or damage caused by non-observance of these instructions, failure to obtain an opinion from Carbon4 Heizsysteme GmbH or unauthorized modification of the object of purchase. Wear parts and accessories are excluded from the warranty. Unless expressly agreed otherwise in the purchase contract, no warranty is provided for used appliances. Used appliances are deemed to have been received and purchased as inspected.
10. guarantees
A warranty of 60 months is granted on this product. During the warranty period, Carbon4 Heizsysteme GmbH is obliged to repair or replace the product within a reasonable period of time at its discretion in accordance with the provisions of paragraph 9, unless otherwise stipulated by the manufacturer’s special warranty conditions. A claim under a guarantee is excluded in any case if the customer has used spare parts not supplied by Carbon4 Heizsysteme GmbH.
11. product liability
The purchaser undertakes to fully inform all persons to whom he enables the use of the product or to whom he resells the product of the operating instructions, safety regulations and warnings of operating hazards provided to him and made known to him and to impose such an obligation on the purchaser.
12. place of performance and jurisdiction and applicable law
The place of performance for both parties is Villach. The parties to the contract agree that the Villach District Court shall have exclusive jurisdiction for all legal disputes arising from this contract in accordance with § 104 JN. Austrian substantive law shall apply.