General Terms and Conditions

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1. Scope

These General Terms and Conditions apply unless we explicitly agree otherwise in writing.
If the customer uses their own terms, our terms shall prevail, even if we do not expressly object.
Our performance of the contract does not mean we accept different terms.

2. Offers and Contract Conclusion

All offers are non-binding.
A contract is only concluded once we have confirmed the order in writing.
If we do not respond within 5 days after receiving an offer from a consumer, no contract is concluded.

3. Cost Estimates

Cost estimates are prepared carefully but are not guaranteed to be accurate.
If costs increase by more than 15% after the order is placed, we will inform the customer immediately.
Cost increases of up to 15% may be charged without prior notice.

Cost estimates are subject to a fee.
If an order is placed based on a cost estimate, the fee will be credited.

4. Documents and Confidentiality

All plans, drawings, cost estimates, and other documents remain our intellectual property.
They may not be copied, shared, or used without our written consent.

If no contract is concluded, all documents must be returned immediately.
The customer must keep all business-related information confidential.

5. Prices and Invoicing

Unless agreed otherwise, services are charged based on actual time and effort.
Invoices must be paid within 14 days of receipt.

If no written objection is raised within 14 days, the invoice is considered approved.
Partial invoices may be issued for partial services.

All prices are exclusive of VAT unless stated otherwise.

5.1 Price Adjustment

Prices are fixed for services performed within two months after contract conclusion.
After that, prices may be adjusted according to an official index.
Prices are rounded to full cents.

No price increase applies if delays are caused by us, unless the customer is responsible for the delay.

6. Payment Terms

Unless agreed otherwise:

• 50% is payable upon contract conclusion

• The remaining balance is payable upon delivery or completion

7. Late Payment Interest

In case of late payment, we may charge interest:

• 10% above the base interest rate per year (business customers), or

• 4% above the base interest rate per year (consumers)

Claims for higher proven damages remain unaffected.

8. Reminder and Collection Costs

In case of late payment, a flat fee of EUR 40 may be charged.
Additional collection costs may be charged if legally permitted.

9. Transport and Risk

Transport costs are borne by the customer.
Risk passes to the customer once the goods are delivered to them or their designated recipient.

10. Retention of Title

Goods remain our property until fully paid.
Resale is only allowed with our prior written consent.
In case of non-payment, we may reclaim the goods without automatically withdrawing from the contract.

11. Place of Performance

Place of performance is:
Hauptstraße 37, 8793 Trofaiach, Austria

12. Delivery Delays

Minor delivery delays must be accepted and do not entitle the customer to cancel or claim damages.

If a delivery date is agreed as binding, we may withdraw from the contract if the customer is in default.

12.1 Delay in Acceptance

If the customer does not accept delivery:

• We may store the goods (EUR 10 per day), or

• Withdraw from the contract after a grace period

In such cases, a penalty of 50% of the invoice amount may apply.

13. Cancellation

The customer may cancel the contract at any time by paying a cancellation fee of 50% of the agreed price.
Statutory consumer protection rights remain unaffected.

14. Changes to Services

Minor and reasonable changes that do not affect the price are permitted.
Any foreseeable delay will be communicated in advance.

15. Warranty

Statutory warranty rights apply.

16. Product Liability

Product liability claims are excluded unless damage was caused by gross negligence on our part.

17. Set-Off

Set-off against our claims is excluded.

18. Right of Retention

In case of justified complaints, only a reasonable portion of the invoice amount may be withheld.

19. Written Form

All legally relevant declarations (except defect notices) must be made in writing.

20. Governing Law

Austrian law applies.
The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

21. Jurisdiction

For consumers in Austria, the competent court is the court of their residence or workplace.
Otherwise, statutory jurisdiction rules apply.

23. Arbitration

All disputes arising from this contract shall be finally settled by arbitration under the Vienna Rules (VIAC).

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