General terms and conditions of business
Krickl Waagen Systems GmbH
The deliveries, services and offers of our company are made exclusively on the basis of our terms and conditions. We do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing. Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. These terms and conditions apply as a framework agreement for all other legal transactions between the contracting parties.
II. Conclusion of contract
A contract offer from a customer requires a written order confirmation. The sending of the goods ordered by the customer also brings about the conclusion of the contract. If offers are made to us, the offeror is bound by a reasonable, but at least 8-day period from receipt of the offer.
Unless expressly stated otherwise, all prices quoted by us are exclusive of sales tax. All offers, unless explicitly noted, are valid for three months from the date of issue. Should the wage costs change due to collective agreements in the industry or internal agreements, or should other cost centers relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing etc. change, we are responsible entitled to increase or reduce the prices accordingly. Our offers are always non-binding and subject to change.
IV. Terms of payment, interest on arrears
Only written agreements are valid. Unjustified discount deductions will be requested. Discount deductions require a separate agreement. In the event of a delay in payment, even in the case of partial payments, any discount agreements shall become ineffective. Payments by the customer are only deemed to have been made when they are received in our business account.
If the customer is in arrears with payment, we are entitled to charge a reasonable processing fee and interest on arrears. In the event that the customer defaults on payment, our company is entitled to demand compound interest from the day the goods are handed over.
V. Withdrawal from Contract
In the event of default of acceptance (Section VII.) or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as default in payment by the customer, we are entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of requesting flat-rate compensation in the amount of 15% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults in payment, we are released from all further service and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or securities, or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or if he requests its cancellation, we have the choice of not fulfilling the contract
to exist or to agree to the termination of the contract. In the latter case, the customer is obliged to pay a lump-sum compensation of 15% of the gross invoice amount, or the damage actually incurred, at our discretion.
In the case of distance selling contracts (§§ 5a ff Consumer Protection Act), the customer can withdraw from the contract within seven working days, whereby Saturdays do not count as working days. The period begins on the day the goods are received by the customer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the customer withdraws from the contract in accordance with this provision, he must bear the costs of returning the goods. The returned goods must be returned to us in perfect condition. The resaleability must be given. The customer bears the transport risk. If the goods do not reach us in the previously described condition (e.g. visually unsightly, partially or completely defective), we are entitled to claim the damage incurred. If a loan was taken out for the contract, he must also bear the costs of the necessary certification of signatures and the charges (fees) for granting the loan. Withdrawal is not possible in the case of services whose execution is agreed to begin within seven working days of the conclusion of the contract.
VI. Dunning and collection fees
In the event of default, the contractual partner (customer) undertakes to reimburse the creditor for the dunning and collection fees incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the collection agency involved, which resulting from the ordinance of the BMWA on the maximum rates of debt collection agencies. If the creditor operates the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 per half year for keeping the debt on record in the dunning process.
VII. Delivery, transport, default of acceptance
Our sales prices do not include costs for delivery, assembly or installation. The assembly, cable routing and power supply must be carried out or produced by a body/body specialist and is not included in the scope of delivery. On request, these services can be organized by us for a separate payment or outsourced to external companies or, depending on feasibility, carried out by ourselves.
For transport or delivery, the costs actually incurred including a reasonable surcharge for administration costs, but at least the freight and shipping costs applicable or customary on the day of delivery
Carriage wages of the selected mode of transport will be charged.
Services rendered by us are calculated according to time (arrival/departure + service time). The service is performed on weekdays between 7:30 a.m. and 4:30 p.m. We charge a surcharge of 100% for services commissioned outside of this time.
If the customer has not accepted the goods as agreed (delay in acceptance), we are entitled, after unsuccessfully setting a grace period, to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or at the expense and risk of the customer with an authorized company. At the same time, we are entitled to either insist on the fulfillment of the contract, or after setting a reasonable, at least two
weeks of grace to withdraw from the contract and to use the goods elsewhere.
We deliver our goods by freight forwarding or parcel services. The confirmed delivery times or delivery dates are therefore understood to be the date on which the goods leave our company. We are not liable for transport-related delays or wrong deliveries.
VIII. Delivery time
We are only obliged to perform the service if the customer has fulfilled all of his obligations that are necessary for the performance, in particular has fulfilled all technical and contractual details, preliminary work and preparatory measures.
We are entitled to exceed the agreed dates and delivery times by up to one week. Only then can the customer withdraw from the contract after a reasonable grace period has expired if the goods have not been delivered within this period either.
IX. Place of fulfillment
The place of performance is the registered office of our company.
X. Minor Changes in Performance
Minor changes or other changes to our performance or delivery obligation that are reasonable for our customers are deemed to have been approved in advance.
XI. EU declaration of conformity of KWS scales
KWS scales are delivered in individual parts and have therefore not yet been assessed for conformity (EU conformity assessment procedure), adjusted and calibrated. The optional and chargeable EU conformity assessment procedure (vulgo initial calibration) of the weighing system can and may be carried out by KWS GmbH after written order. The calibrated weights and the necessary lifting gear including support aids must be provided by the customer. The vehicle or the facility must be in a ready-for-delivery condition and it must be possible to safely attach calibrated weights. The customer bears the risk of a violation of EU conformity, which can result from subsequent work on the vehicle or the facility.
The user of the scale assumes responsibility, as well as rights and obligations arising from the use of our weighing system. He ensures that the scales supplied by us are not used for legal transactions as long as their EU conformity has not been determined.
In the event of any legal disputes between authorities/courts and third parties that arise due to the failure to carry out the EU conformity assessment or subsequent verification, the company that carried out the handover to the user bears all the costs incurred by KWS from this process. It also undertakes to indemnify and hold KWS GmbH harmless in this regard.
XII. Warranty, Guarantee and Compensation
The warranty for products manufactured by KWS is 12 months from the date of invoicing. The conclusion of a separate warranty service or warranty extension can only be accepted in writing and requires an individual agreement. A repair does not extend the guarantee or warranty period. All claims for damages and any consequential costs associated therewith are excluded when making use of a warranty or guarantee, as well as independently of it, unless the injured party can document gross negligence and prove it independently. The limitation period for claims for damages is three years from the transfer of risk. In principle, we are not liable for damage caused by the use of our products and systems. Warranty, as well as any warranty service provided by a separate agreement, can only be claimed for products and not for services from our company.
No warranty or guarantee can be given for products not produced by KWS (commercial goods); the conditions of our suppliers or manufacturers apply here.
Before connecting or transporting EDP technical products or before installing computer programs, the customer is obliged to adequately back up the data stock already existing on the computer system, otherwise he has to bear responsibility for lost data and for all associated damage.
XIII. product liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence.
XIV. Retention of title and its enforcement
All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared in writing. When goods are taken back, we are entitled to charge for any transport and handling charges incurred. Returned goods must be sent to us in perfect, re-sellable condition. The customer bears the transport risk. If the goods do not reach us in the condition previously described (e.g. visually unsightly, partially or completely defective), we are entitled to charge for the damage incurred. If third parties access the goods subject to retention of title - in particular through attachments - the customer undertakes to point out our ownership and to inform us immediately. If the customer is not an entrepreneur whose regular business operations include trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, and in particular may not sell, pledge, give away or lend them. The customer bears the risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
XV. assignment of claims
In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The cession is to be entered in the business books, in particular in the open item list, and is to be made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer only holds them in our name. Any claims against an insurer are within the limits of § 15
Insurance Contract Act has already been assigned to us. Claims against us may not be assigned without our express consent.
XVI Choice of law, place of jurisdiction
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract and negotiation language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a customer transaction, the competent court at the registered office of our company has exclusive local jurisdiction to decide all disputes arising from this contract. The District Court of Stockerau, or in any case the competent court in the district of the District Court of Korneuburg, is agreed as the locally competent court.
XVIII. Data protection, change of address and copyright
The customer agrees that the personal data contained in the purchase contract may also be automatically stored and processed by us in fulfillment of this contract. The customer is obliged to notify us of changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation whatsoever.