Terms of service

1. Applicability

1.1 For our deliveries and other services as well as for payments to us, the following terms and conditions of delivery and payment apply exclusively. Austrian legislation applies. Deviating terms and conditions of the client are only binding for us if we expressly accept them in writing or by fax.

1.2 With the acceptance of the goods or the acceptance of the service, the customer acknowledges the exclusive validity of our terms of delivery and payment.

1. Offers

2.1 Our offers are subject to change and non-binding, unless a commitment period is expressly stated in the offer. The documents relating to our offers, such as drawings, illustrations, samples and samples, as well as information on dimensions, weights, performance and consumption, contain or are only approximate and, unless otherwise provided, are not considered to be specially agreed characteristics. We reserve the right to make construction-related changes.

2.2 We reserve the right of ownership and copyright to estimates, drawings, photographs and all other documents and aids; they may not be made available to third parties or used for their purposes.

1. Acceptance of the order and ancillary agreements

The acceptance of an order as well as promises or side agreements of our employees, as well as additions and changes of any kind, are only binding for us if they are confirmed by us in writing or by fax or e-mail.

1. Price and payment terms; Compensation

4.1 Unless otherwise expressly stated, all prices quoted by us are exclusive of VAT.

4.2 Prices are always the list prices valid on the day of delivery. They apply ex works (EXW [as amended]), but do not apply to packaging, insurance, loading at the factory and VAT; the packaging will not be returned.

4.3 Payments are to be made in cash, without any deduction, free of charge and within 14 days from the date of invoice. We reserve the right to determine which receivables or parts of receivables are to be offset against payments made by the Client.

4.4 If changes in the execution of the order become necessary due to circumstances in the Client's area of risk, the Client shall bear all associated additional costs.

4.5 If the payment deadline is exceeded, we shall be entitled to charge default interest in the amount of ten percentage points above the applicable base interest rate – as announced by the Austrian National Bank – plus the costs of the reminder, but at least 12% of the total claim per year. This does not preclude further consequences of delay.

4.6 The withholding of payments as well as the unilaterally declared set-off against counterclaims of the Client by the Client is excluded.

4.7 We are entitled to offset claims against the Client against claims to which the Client is entitled against us at any time.

1. Performance of Contract, Shipment and Default

5.1 The delivery period begins with the dispatch of the order confirmation.

5.2 Delivery or service deadlines shall be extended by the duration of unforeseen obstacles beyond our sphere of influence, such as operational disruptions, large-scale absences of employees, unlawful strikes, delays in the delivery of essential raw materials or components, etc., but also by circumstances in the Client's area of risk, insofar as these obstacles or circumstances are significant for the deadline being exceeded. Such obstacles or circumstances shall also cancel out the consequences of a delay for which we are responsible; contractual penalty obligations agreed in individual cases do not apply at all. The commencement and end of such obstacles shall be communicated without delay. We are entitled to withdraw from the contract in whole or in part if such obstacles occur; in this case, claims for damages on the part of the client are excluded, unless the client can prove gross negligence to us.

5.2 If agreed or subsequently extended delivery or service deadlines are exceeded by more than four weeks, the Client is entitled to withdraw from the contract by means of a registered letter by setting a grace period of at least 14 days.

5.3 Claims for damages on the part of the Client are excluded in this case, unless the Client can prove gross negligence to us.

5.4 If we have committed ourselves to shipping, we reserve the right to use the shipping method and the shipping route. Shipment is always at the risk and expense of the customer. We are only liable for damages if we can prove gross negligence. We only take out transport or breakage insurance on behalf of and for the account of the client.

5.5 We are entitled to make partial deliveries.

5.6 If the shipment is delayed due to a circumstance within the customer's area of risk, he must pay all additional costs arising from this, such as costs of storage in our factory, but at least 0.5% of the invoice amount per month. In such a case, we are also entitled to set the customer a grace period of no more than 14 days and, after the fruitless expiry of this period, at our discretion, either to dispose of the delivery item elsewhere and to supply the customer within a reasonably extended period of time or to withdraw from the contract and demand damages for non-performance. In the latter case, we are entitled to claim 10% of the remuneration as compensation without special proof; if we can provide appropriate proof, we can also claim compensation for further damages.

5.7 Goods ordered on demand or for production without shipping regulations must be accepted within three months. If this period elapses without being used, 5.6 shall apply accordingly.

1. Transfer of risk

6.1 The risk shall be transferred to the Client as soon as the delivery item has left our warehouse. The same applies to partial deliveries or in cases where we have assumed the shipping costs or delivery or similar services.

6.2 If dispatch or delivery is delayed for reasons for which we are not responsible, the risk shall pass to the Client as soon as he has been notified of his readiness for delivery.

1. Retention of Title; Resignation

7.1 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 Client for whatever legal reason.

7.2 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 operation of its company; 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.

7.3 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.

7.4 The Client is only entitled to collect the receivables and assert the other rights to the extent that it fulfils its payment obligations to us or is not insolvent.

7.5 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.

1. Warranty

8.1 We do not provide any liability for tolerable deviations in dimensions, weights or quality from customary trade standards, nor for information on the suitability of the delivery item for the purpose envisaged by the customer or for any other purpose. The warranty is subject exclusively to written promises. Verbal commitments are only considered binding in the event of a written confirmation.

8.2 Deliverables or services are to be inspected by the Client without undue delay, 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.

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

8.4 Insofar as we provide a warranty, we shall, within a reasonable period of at least four weeks, at our option, either replace or improve the defective item or its defective parts with a defect-free item or parts, grant the Client 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.

8.5 The reversal of the burden of proof pursuant to § 924 2nd sentence ABGB is excluded against entrepreneurs.

8.6 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 immediately at our request at the Client's risk, failing which any warranty obligation shall expire.

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

8.8 Warranty claims on the part of the Client shall be excluded if the installation has not been carried out properly and in accordance with standards, in particular by contractors who are not licensed for this purpose, if repair or other work has been carried out on the delivery or service item without our consent, if it has been operated or used improperly, if it is operated despite defective protective devices, if it has been removed from 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.

8.9 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.

8.10 Finally, we exclude any warranty if the Client 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.

1. Indemnification

9.1 Our liability for any kind of compensation 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.

9.2 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.

9.3 Insofar as we are sued by third parties in the production and delivery of the drawings, samples, models or other documents provided by the Client, the Client shall indemnify and hold us harmless.

9.4 When using the goods delivered by us, the Client 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.

9.5 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.

1. Consent under data protection law

The client agrees that Böck GmbH collects, processes and uses his personal data (such as name, address, e-mail address), if necessary also with the involvement of a commissioned service provider, for the purpose of transmitting information about products and services of any kind (e.g. by post, e-mail, newsletter, etc.). Any further disclosure to external parties (except for a legal or judicial obligation to provide information) will not take place. This consent can be revoked at any time in writing by e-mail or post.

1. Final Provisions

11.1 The place of fulfilment for deliveries, other services and payments as well as the exclusive place of jurisdiction is Linz. However, we are also entitled to sue the client before the court with substantive and territorial jurisdiction in accordance with the provisions applicable to his registered office or domicile.

11.2 The Buyer is aware that it is customary in international trade that an agreement conferring jurisdiction can also be formally concluded by remaining silent or not responding to a commercial confirmation letter, such as an order confirmation, which contains a pre-printed reference to the place of jurisdiction.

11.3 Austrian law and the customs in business transactions applicable at the place of performance shall apply to legal disputes arising from the contract; on the other hand, the UN Convention on Contracts for the International Sale of Goods (Federal Law Gazette 1988/96) does not apply.