Refund policy

Ownership; Resignation

1: We reserve the right of ownership of the delivery item until our purchase price claim has been paid in full, but also all other claims to which we are entitled against the customer for whatever legal reason.

2: The Client may only resell the delivery item, even if it is combined with another item or if it has been processed, only in the ordinary course of its business; however, this right is excluded if the resulting claims are assigned to third parties or are affected by a prohibition of assignment, if the client is insolvent or is in default with the fulfilment of its contractual obligations. He is not permitted to dispose of any other means. In the event of seizure, seizure or other disposition by third parties, he must inform us immediately. Our intervention costs associated with the enforcement of ownership are borne by the client.

3: The Client assigns to us its claims and other rights arising from resale, rental or leasing as well as leasing transactions, even if the delivery item has previously been combined or processed with other items; he must make a note to that effect in his books. If the delivery item is sold or made available for use together with other items without or after connection or processing, the claim is assigned only to the extent of the purchase price owed to us. This does not preclude further claims for damages.

4: The Client is only entitled to collect the receivables and assert the other rights to the extent that he fulfils his payment obligations to us or is not insolvent.

5: In the event of a breach of contract on the part of the Client, in particular in the event of delay in payment or other performance or in the event of insolvency, we shall be entitled, at our discretion, either to withdraw from the contract without setting a grace period or, while maintaining the contract, to take back the delivery item at any time or to prohibit its use. We are also entitled to sell the returned delivery item by private hand; after deduction of a handling fee of 10% of the proceeds generated, the proceeds will be offset against our outstanding receivables against the client. As a usage fee due to us in the event of withdrawal from the contract until the deferral is made, we charge the client 5% of the replacement value, unless a higher depreciation has occurred.

Warranty

1: We do not provide any liability for deviations in dimensions, weight or quality that are tolerable in accordance with customary standards, nor for information on the suitability of the delivery item for the purpose envisaged by the customer or otherwise for a specific purpose. The warranty is subject exclusively to written promises. Verbal commitments are only considered binding in the event of a written confirmation.

2: Deliverables or services are to be inspected by the Client immediately, but no later than within 7 days, but in any case before the installation and assembly of the Deliverables after their acceptance; Defects must be reported to us in writing or by fax or e-mail immediately after their discovery, stating the number and date of the order confirmation, the delivery note or the invoice as well as the manufacturing and commission number. If the customer fails to notify us immediately, he can no longer assert claims for warranty, for damages due to the defect itself and from an error as to whether the delivery or service is free of defects. The notification must state which deliverables or services are affected by the defects, what the defects consist of in detail and under what circumstances they occurred. Each individual defect must be described in detail. Costs caused by unjustified or unconditional advertisements are to be reimbursed to us by the client.

3: Unless otherwise agreed, the warranty period vis-à-vis the company is 3 months. The warranty period begins with the transfer of the risk in accordance with clause 6. No warranty is given for improper handling.

4: Insofar as we provide a warranty, we will either replace or improve the defective item or its defective parts with a defect-free item or parts within a reasonable period of at least four weeks at our option, grant the customer an appropriate price reduction or cancel the contract – unless it is a minor defect. The replacement of the item or parts or components of the item does not extend the warranty period. If, however, the remaining warranty period lasts less than 3 months – including that part of the period within which our warranty is limited to the provision of the required material free of charge in accordance with clause 8.3 – the period for the exchanged goods, parts or components is extended to 3 months. The exchanged items, parts or components become our property. We will not reimburse the costs of a defect remedy carried out or attempted by the Client or by a third party.

5: The reversal of the burden of proof pursuant to § 924 2nd sentence ABGB is excluded vis-à-vis entrepreneurs.

6: Insofar as necessary and reasonable for the Client, the delivery or service item or its part affected by the defect shall be dispatched or transported to us at our request immediately at the Client's risk, failing which any warranty obligation shall expire.

7: The Client is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us.

8: Warranty claims of the customer are excluded if the assembly was not carried out properly and in accordance with standards, in particular by contractors not licensed for this purpose, if repair or other work was carried out on the delivery or service item without our consent, if it was operated or used improperly, operated despite defective protective devices, moved out of the contract area without our consent or contrary to our instructions or has been used for purposes for which it is not intended, and furthermore if defects are due to the action of foreign bodies, chemical influences, the conduct of third parties or force majeure in general; The same applies to natural wear and tear.

9: Our warranty is also excluded if we have been commissioned with the execution of repair orders, with the modification or conversion of used items or with the delivery of such items.

10: Finally, we exclude any warranty if the customer uses our delivery items or services provided by us together with third-party or replica parts, the use of which has not been expressly recommended by us in advance.

Damages

1: Our liability for any kind of damages is limited to intent and gross negligence. Liability for simple gross negligence, as well as slight negligence, compensation for consequential and financial losses, unrealized savings, loss of interest and damages from claims of third parties against the business partner is excluded.

2: The above limitations of liability do not apply to bodily injury and damage to health attributable to us. The limitation of liability for slight negligence does not apply to consumers. Our obligation to compensate is limited to the actual damage. In addition, the claims can only be asserted in court within six months of becoming aware of the damage.

3: If we are sued by third parties in the production and delivery of the drawings, samples, models or other documents provided by the customer, the customer will indemnify and hold us harmless.

4: When using the goods supplied by us, the customer is obliged to comply with all existing regulations, technical regulations, installation instructions, operating and usage instructions for protection against hazards and to use only authorised experts when using them. Any liability for damage that would have been avoided if we had followed our operating and installation instructions and the warnings is excluded. Our liability under the Product Liability Act is excluded for property damage suffered by entrepreneurs.

5: Any liability is excluded for damages caused by the use of third-party or replica parts that have not been demonstrably and expressly recommended by us in advance together with our delivery items.