Version from 01.10.2003
 
I. Validity
The deliveries, works and offers of our enterprise exclusively occur because of these business conditions; we don´t accept any obstacles or different conditions of the customer in our business conditions, unless we would particularly consent to its validity. Contract fulfilment actions from our part are not valued in this respect as a consentment of different conditions to our conditions. These business conditions are valued as a frame agreement for all the others law businesses between the contract parties.
 
II. Completion of a contract
A contract offer of a customer requises a confirmation of order. The sending of the commanded product through the customer causes the completion of the contract. If offers will be sent to us, so the offerer is bound by an appropriate, but minimum 8 days period from receipt of the offer.
 
III. Price
All the mentioned prices of us are exclusive sales tax to understand provided that anything else is noted down. If the wage costs are changed because of collective contract rules in the branch or internal business deals or if another costs, for the calculation relevant costs places or needed costs for works like those for material, energy, transports, foreign works, financing etc., so we are entitled to increase or reduce the prices accordingly. By consumer businesses point III. Is not allowed.

 
IV. Payment conditions, interest sing
For lack of opposite agreement you have to pay cash  our requirements step by step by the handing over of the product. Cash discounts need a special agreement. In the case of a default, with hire purchase too, possible cash discount agreements cease too. Payments of the customer go for achieved first at the moment of the receipt on our business account.

In the case of a default of the customer we are entitled to demand the replacement of the really arised damage or interest sing in legal amount at our choose. Our enterprise is entitled to demand compound interest too in the case of a default of the customer at the day of the receipt of the product.
 
V. Contract withdrawal
At an acceptance delay (point. VII.) or at another important reasons, like bankrupt of the customer or at a truned down bankrupt for lack of means(fortune), and at default of the customer we are entitled to withdraw from the contract, provided that it is has not yet fulfiled of both sides. In the case of a withdraw we have the alternative at a debt of the customer, an estimated compensation of 15 % of the gross invoice amount or we can demand the replacement  of the really arised damage. At default of the customer we are released from all the further work and delivery obligations and we are entitled to demand the endured deliveries or work keep back and advance payments, or rather guarantees, or after fix an appropriate extension to withdraw from the contract. If the customer withdraws from the contract – without being entitled to do it –or if he demands its cancel, so we will have the alternative to obligate him to fulfil the contract or to consent to the cancel of the contract; by the last case the customer is obligated to pay an estimated compensation of 15% of the gross invoice amount or the really arised damage after our alternative.

 
At the completion of the contract in a far paragraph (§§ 5a ff consumer protection law) the consumer may withdraw from the contract within 7 working days, in which saturdays are not among working days. The period begins at the day of the arrive of the product by the customer or rather by services at the day of the completion of the contract. It is enough if you send the announcement of your resignation within this period. If the customer withdraws from the contract in accordance with this regulation he will have to bear the costs of the sending back of the product; if a credit was concluded for the contract so he will have to bear anyway the costs of a necessary accrediting of signatures as well as the charges (taxes) for the credit allow. A withdraw from the contract is not possible at services which executions by arrangement within 7 working days at the beginning of the completion of the contract.
 
VI. Reminder and collection expenses
The partner to a contract (customer) is entitled to replace the reminder and collection expenses which are arised by the creditor in the case of a delay as far as they are necessary for the appropriate law prosecution, which special obligates him to replace the maximum compensations of the brought collection institute, which result from the decree BMwA over the highest charges of the dued compensations of the collection institutes. Provided that the creditor carries on himself the demanded payment the debtor is entitled to pay an amount of € 10,90 per made demand payment and for the evidence attitude of the debt situation by the made demand per half-year an amount of €  3,63.
 
VII. Delivery, transport, acceptance delay
Our retail prices contain no costs for delivery, installation or putting.up. By request these works will be however furnished or organised for a particular payment of us. The really spent costs will be invoiced  for transport or delivery with an appropriate management cost surchage, however at least the am Auslieferungstag valid or usual freight or load charges of the choosen kind of transport. Installation works will be calculated by the time of expenditure, but a branche usual man hourly wage can be accorded.
If the customer has not taken over the product as it is agreed (acceptance delay), so we will be entitled to store the product after an unsuccessfull fix extension either by us, which we demand a store charge for 0,1 % of the gross invoice amount per beginning calendar day or at the customer´s expenses and risk by an authorized trade man to store. In this time we are entitled to request a fulfilment of the contract or to withdraw from the contract after a fix appropriate complete extension of minimum 2 weeks and to exploit the product elsewhere.

 

VIII. Delivery period
We will be at first engaged for a work quality when the customer fulfils all his obligations, which are necessary for the quality, particularly all the technical and contractual details, groundworks and preparation measures.
We are entitled to pass the accorded appointment and delivery period till a week. At the end of this period the customer can withdraw from the contract after a fix appropriate extension.
 
IX. Fulfilment place
The fulfilment place is the place of our enterprise.
 
X. Minor work changes
Minor or other reasonable changes of our work or delivery duty are valid authorized first at all for our customers, if it concerns a user business. This is particularly valid for partially deviations trough the thing (for example at measurement, colours, wood and veneer form, grain and structure, etc.).
 
XI. Guarantee, examination and reprimand duty
We fulfil the guarantee claims of the customer in all the cases after our choice either trough exchange, repair within an appropriate period or price reduction. The customer wiil be able to request a change (contract cancel), only if the lack is important, if it is not removed trough exchange or repair and a price reduction is not possible for the customer. Compensation claims of the customer, which aim at a repair of the lack (fault) trough improvement or exchange, wil only be possible, if we fall behind with the fulfilment of the guarantee claims.
Guarantee claims will have to be judicially asserted before a year on delivery of the thing, if it concerns movable things.
If the customer maintains the existing of a fault, resulting claims can only be possible, particularly because of guarantee or compensation, if the customers proves that the fault was already existing at the time of the delivery of the product; it is valid too within the first 6 months after delivery of the product.
The customer has moreover in mind to examine the product after the delivery immediatly, but at the lastest within 6 working days, by the §§ 377 f HGB. Find out faults should be announced to us immediatly, but at the lastest within 3 working days after the finding out, among writing announce of kind and extent of the fault. Hidden faults must be immediatly reprimanded in writing, but at the lastest within 3 working days after the finding out. If a fault reprimand is not or not in due requested, so the product will be granted.
Our duty to the guarantee dies in each case at the end of the guarantee period; over and above that a particular action of the customer under § 933b ABGB is excluded because of o.s. fulfiled guarantee duties.
All the requirements of the point XI. are not valid at user businesses.
 
XII. Compensation
All the compensation claims are excluded in the case of a slight negligence. This is not valid for damaging s.o. or by user businesses for damages of taken on works. The damaged person has to prove the existing of slight or gross negligence, provided that it does not concern a user business. If it does not concern a user business, so the lapse period of compensation claims dures three years from risk transition. The contained or arranged requirements are valid too in these business conditions otherwise compensation, if the compensation claim is asserted beside or instead of a guarantee claim.
Before installing or transport of EDP-technical products or before installing of computer programms the customer is obliged to back up the existing database on the computer installation, which is already sufficient, otherwise he must accept the responsibility for lost data and for all the other damages, which are within.
 
XIII. Product liability
Recourse requirements in the mind of the § 12 product liability law are excluded, unless the entitled person proves that the fault was caused in our sphere and at least it was culpable negligent indebted.
By completions of a contract in a far paragraph (§§ 5a ff consumer protection law) the user may withdraw from the contract within 7 working days, in which Saturdays are not among working days. The period begins at the day of the arrive of the product by the customer or rather by services at the day of the completion of the contract. It is enough to send the announcement of one´s resignation within this period. If the consumer withdraws from the contract under this confirmation so he will have to pay the costs of the return of the product; if a credit was concluded for the contract so he will have to bear anyway the costs of a necessary accrediting of signatures as well as the charges (taxes) for the credit allow. A withdraw from the contract is not possible at services which executions by arrangement within 7 working days at the beginning of the completion of the contract.

 

 XIV. Reservation of proprietary rights and ist assertion
All the products will be delivered by us under reservation of proprietary rights and they are our property until the complete payment. In the assertion of the reservation of the proprietary rights a withdraw from the contract is only possible if this one was particularly explained. In the case of a withdrawal we are entitled to set off arised transport and manipulation expenses. In the case of grabing indirectly the reserved products – particularly trough distraints – the customer is obliged to point out our property and to inform us immediatly. If the customer is a user or not an entrepreneur whom respectable business belongs to the business with acquired product of us, so he may not decree the reserved product until the complete payment of the open selling price claim, he may not particularly sell them, pawn, give away or lend. The customer has the whole risk for the reserved product, particularly for the danger of the decline, loss or deterioration.
 
XV. Claim cede
At delivery under reservation or proprietary rights the customer cedes his claims to us now against another persons, as far as these arise trough disposal or processing of our product, till the complete payment of our claims payments. The customer must name buyers to us by request and these at time inform of the cede. The cede is in the business books, particularly in the open items – make a list and on delivery notes, invoices etc. enter the buyer obvious. If the customer is on delay with his payments by us, so the detailed selling proceeds will be taken off and the customer holds these only in our name. Possibly claims against an insurer have already been ceded to us in the limits of the § 15 insurance contract law.
Cedes against us may not be ceded without our particular agreement..
 
XVI. Keeping back
If it does not concern a user business, so the customer is entitled to keep back only a particular part of the complete gross invoice payment by a justified complaint, exclusive in the cases of the recompletion.
 
XVII. Law choice, court jurisdiction

The austrian law is valid. The application of the UN-buying right is particularly excluded. The contract language is german. The contract parties agree austrian, home-made jurisdiction. If it does not concern a user business the having jurisdiction is resonsible for the decision of all the arised quarrels from this contract at the place of our enterprise impartial exclusively local.
 
XVIII. Data protection, address change and copyright
The customer gives his agreement that the contained persons data will be stored up and processed by us too in the sales contract in fulfilment of this contract automation supported by us.
The customer is entitled to mention us changes of his stay or business address, as long as the contract object right business is not  on bothe sides complete fulfilled. If the notification is omitted, so explanations will be valid too as shut, in case they will be sent to the at least mentioned address.
Plans, drafts or another technical documents are always our spiritual property like samples, catalogues, brochures, mapping and the like ; the customer receives within no work use or using rights as usual.