Terms of SEDOTRON Handels-GmbH

I. Scope

The deliveries, services and offers of Sedotron Handels GmbH ( hereinafter referred to as " we" or " Sedotron " ) are subject to these Terms and Conditions ; contrary to or deviating from these terms and conditions of the contractual partner ( hereinafter called the purchaser ) will not be recognized unless unless there is prior express written approval of their enactment. Contract actions by us, are so far not constitute consent to deviate from our Terms and conditions. These Terms and Conditions shall be deemed a framework agreement for all further legal transactions between the Parties.

Conclusion of Contract

The order is binding on the purchaser without the express acceptance of the Sedotron . Remain full or partial rejection and partial deliveries reserved. In catalogs, online catalogs, brochures and ads products and services contained not constitute a binding offer for SEDOTRON , they are merely an invitation to the Customer to submit SEDOTRON a binding offer in the form of the order. On specially prepared offers to SEDOTRON holds 30 calendar days bound , unless otherwise stated in the offer. The contract shall be deemed concluded when we have shipped the written order confirmation or the delivery actually perform . Changes and shall be invalid unless confirmed in writing ( including by fax possible).

III . shipping

a) Shipping is at the expense and risk of the buyer on the best for Sedotron dispatch , uninsured and without liability for the cheapest package. Special shipment modes must be recorded in writing at signing of the order , thereby resulting additional expenses will be charged to the buyer.

b ) Sedotron reserves the right to choose the shipping location. Without deviating written agreement to dispatch you will find this in the European Union.

c ) Delivery is from stock dispatch. The danger with the provision of the goods and the corresponding notification , no later than the dispatch of the goods to the Purchaser even if partial deliveries are made or the Supplier has undertaken other services , such as shipping costs or delivery and installation has .

IV delivery times and default

a) Delivery dates are not binding , fixed transactions and binding delivery require our written confirmation . Partial deliveries are permissible if they are reasonable for the buyer ; SEDOTRON is , but not required .

b ) The delivery periods are extended in the event of force majeure and unforeseen obstacles in the operation of the Seller, its supplier or the logistics company , such as equipment failure, committee , delays in deliveries of raw materials or supplies , governmental action , strikes or lockouts . The extension is usually 1 month, this after written request by the contractor. After this time, both the buyer and seller may withdraw from the contract. Pending receipt of the notice of withdrawal to the shipping brought goods are delivered as timely .

c ) If the buyer with the payment of any debt arising from the business combination in default, Sedotron is obliged to deliver only against prior payment or securing the debt.

d) delay in delivery not entitle the buyer to rescind or to pay damages . The right to withdraw from section IV b ) , however, remains unaffected.

V.Prices

All published by the Sedotron prices are, unless otherwise expressly stated, per unit to understand excluding VAT in EUR since contact the offers of Sedotron generally to the commercial sector. Decisive are valid on the day of the order confirmation of the order price lists.

VI . Payment and Default

a) Unless expressly otherwise agreed, all deliveries of Sedotron only against prepayment. Payments are made ​​in cash or by bank transfer to make - Sedotron does not accept drafts or checks .

b ) A discount is only with the express agreement and only allowed if all previous invoices have been settled.

c ) Payments are considered made by crediting to the business account of Sedotron .

d) In case of default , statutory interest shall apply. It is expressly agreed that all costs of prosecution by the supplier in the event of default by the purchaser , both judicial and non-judicial are charged to the purchaser.

e) Sedotron is entitled to assign its receivables from deliveries and services for financial reasons .

f) If the buyer refuses to believe he is obliged to perform and the purchase price due for immediate payment .

Retention of Title

a) The delivered goods remain our property until full payment of all outstanding claims arising from the business connection. However, the buyer is entitled to resell the goods in the standard manner as part of a normal business .

b ) The purchaser is not entitled to pledge our goods or by way of security . He is obliged to third persons to give evidence to our right of property and to notify us immediately in writing if third party claims on the goods are collected or enforcement is initiated.

c) processing of the reserved goods, the buyer does not acquire ownership under § 1063ff to the new object . The processing is carried out for the seller, without incurring liabilities him . If the goods are processed with other objects , mixed or blended , the Seller shall acquire co-ownership of the new item in proportion to the value of its retention of title goods to the total value of goods , but at least the value of the reserved goods.

VIII Assignment of Claims

For delivery under retention of title , the customer the Sedotron assigns his claims against third parties to the extent they arise through the sale or processing of the products of Sedotron until the final payment of the claims of Sedotron of payment from . The customer has to call the Sedotron on demand his customers and to communicate time of the assignment . The assignment must be made clear to the purchaser in the books , delivery notes, invoices etc. . If the customer fails to pay over the Sedotron in default , the incoming sales revenue must be separated and the customer shall hold only in behalf of the Sedotron . Any claims against an insurer are now assigned within the limits of § 15 of the Insurance Contract Act to the Sedotron . Claims against the Sedotron may not be assigned without the express permission .

IX . copyright

The copyrights and other rights to the goods , samples or image representations supplied by us or made available must be respected. The buyer expressly agrees to refrain from making copies both as to support the Sedotron in defending their rights. All products and the manufacture of these products , as well as samples , catalogs, brochures , illustrations, etc. are the intellectual property of Sedotron . The buyer does not receive any kind of work use or exploitation rights .

X. Warranty, investigation and reprimand

a) guarantee provided is at our option by repair, replacement , exchange or refund. The assurance of characteristics and the usability for certain purposes subject to our written confirmation.

b ) The buyer undertakes an examination of the goods in terms of quality and quantity according to the immediate context of the delivery. § 377 UGB perform . If defects are discovered Sedotron immediately , at the latest within 3 working days of becoming aware , in writing , stating the nature and extent of the defect. If a defect is not reported in due time, the goods shall be deemed approved.

c ) Failure by us approved changes to the goods by the buyer causing the loss of all warranty claims . Used goods are excluded from any warranty .

XI . Damages , product liability

a) All claims for damages are excluded in cases of ordinary negligence . The presence of slight or gross negligence , provided it is not a consumer transaction , to prove the victim . If it is not a consumer transaction , the period of limitation for all claims , including claims for damages, 10 months from transfer of risk.

b ) The provisions on damages contained in these terms and conditions or otherwise agreed shall apply even if the claim for damages is made ​​in addition to or instead of a warranty claim. Further claims , in particular claims for consequential damage or breach of contract , lost profits , cancellation of the contract or reduce the remuneration , are excluded. This does not apply in the absence of warranted characteristics or gross negligence of the seller.

c ) claims for compensation within the meaning of § 12 of the Product Liability Act are excluded, unless the claimant can prove that the fault has been caused in the sphere of Sedotron or at least gross negligence .

XII . Place of Performance , Place of Jurisdiction , Applicable Law

Fulfillment is Innsbruck, Austria . The Parties agree to Austrian , domestic jurisdiction. If it is not a consumer transaction as defined in the Consumer Protection Act , the competent law for Innsbruck- Austria court for all disputes arising from this contract exclusively zuständig.Es Austrian law applies . The applicability of the CISG as well as of private international law is expressly excluded.

XIII . Others

a) If a provision of an agreement concluded between the Parties to the Agreement and / or the Conditions be or become invalid or should the contract have a gap , then the validity of the remaining provisions or parts of such provisions . The wholly or partially invalid provision shall be replaced by an appropriate agreement , economic content and purpose of the invalid provision or the ineffective portion is as close as possible .

b ) it does not concern a consumer business , the customer is entitled to a warrantable claim, except in the cases of rescission for restraint of the whole , but only a reasonable portion of the gross invoice amount.

c ) The purchaser consents to be that even the mitenthaltenen in the purchase agreement personal data are automatically stored in fulfillment of this contract by the Sedotron and processed. The buyer expressly agrees that he shall be informed at regular intervals of the Sedotron about any price changes , new products and the like via fax, e -mail or post and explicitly accepts any promotional mailings.