General Terms and Conditions (GTC)

§1 SCOPE AND EXTENT

The following General Terms and Conditions apply to all offers, deliveries and sales transactions between DrEberhardt GmbH, A-1230 Vienna, Johann Teufelgasse 75 (DrEberhardt), and customers who are entrepreneurs, in the version valid at the time of the order. Unless expressly agreed otherwise, our GTC, which have been made known to the contractual partner, shall apply. Our contractual partner agrees that, in the event of the use of GTC by him, our conditions shall be assumed in case of doubt, even if the conditions of the contractual partner remain unobjected to. Acts of performance on our part shall not be deemed as consent to contractual conditions deviating from our conditions. If uncertainties nevertheless remain in the interpretation of the contract, these shall be resolved in such a way that those contents shall be deemed agreed which are usually agreed in comparable cases.

§2 OFFER AND CONCLUSION OF CONTRACT

Our offers are subject to change, in particular with regard to price, quantity, delivery period and delivery possibility. A valid contract is concluded upon written order confirmation by DrEberhardt, but at the latest upon acceptance of the delivery by the customer. The contract language is exclusively German. Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular the passing on, reproduction, publication and making available, including even partial copying, requires our express consent. All documents listed above may be reclaimed by us at any time and must in any case be returned to us immediately without request if the contract is not concluded. Furthermore, our contractual partner undertakes to maintain confidentiality towards third parties regarding the knowledge obtained from the business relationship.

§3 PRICE

Unless otherwise agreed, the prices according to the price list valid on the day of delivery shall apply. All prices quoted by us are to be understood as exclusive of VAT and freight costs unless expressly stated otherwise. In the event of invoicing, the statutory VAT will be added to these prices.

§4 DELIVERY / ACCEPTANCE

The purchase price/work remuneration shall be paid within 30 days after invoicing and delivery without any deduction. In the case of payment within 14 days, a discount of 2% may be deducted. If a direct debit authorization is granted, we deduct a 4% discount from the invoice amount. No discount is granted for payment by credit card or PayPal. In the event of non-payment of an agreed direct debit, the customer will be charged the incurred bank fees. Payment shall only be deemed to have been made on time if the amount has been received or credited to our account on the due date. Our customer agrees that invoices may also be issued and transmitted electronically.

§5 DEFAULT INTEREST

Even in the case of default of payment by the buyer/client for which he is not at fault, we are entitled to charge default interest in the amount of 10% above the base interest rate as well as reminder fees in the amount of € 5.00 net; this shall not affect claims for compensation of proven higher interest.

§6 TRANSPORT, TRANSFER OF RISK, RETENTION OF TITLE, PLACE OF PERFORMANCE

The buyer shall bear the costs of transport. The risk of transport passes to the buyer as soon as the goods are delivered to him or to a third party designated by him who is not the carrier. If the buyer has concluded the contract of carriage himself without making use of a selection option offered, the risk passes already upon delivery of the goods to the carrier or the buyer.

The goods remain our property until full payment of the purchase price and all costs and expenses. Resale is only permitted if it has been communicated to us in advance in good time, stating the name or company and the exact business address of the buyer, and we have consented to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us, and we are entitled at any time to notify the third-party debtor of this assignment. In the case of a plurality of claims on our part, payments by the debtor shall primarily be credited to those of our claims which are not (or no longer) secured by retention of title or other security means. In the event of default, we are entitled to assert our rights arising from retention of title. It is agreed that the assertion of retention of title does not constitute withdrawal from the contract unless we expressly declare withdrawal from the contract.

Place of performance is A-7061 Trausdorf.

§7 NON-FULFILLMENT / DELAY IN DELIVERY AND PERFORMANCE

Minor exceeding of delivery deadlines must in any case be accepted by the buyer/client without entitling him to claim damages or withdraw from the contract. If our contractual partner is in default of acceptance, we are entitled to store the goods with us, for which we will charge a storage fee of EUR 10.00 per commenced calendar day.

§8 UNILATERAL CHANGE OF PERFORMANCE

Objectively justified and reasonable changes to our performance or delivery obligations, in particular reasonable delivery deadlines or short-term exceeding of payment deadlines on our part, shall be deemed approved in advance.

§9 WARRANTY, DAMAGES, PRODUCT LIABILITY

Except for those cases in which the right of rescission is granted by law, we reserve the right to fulfill warranty claims at our discretion by repair, replacement or price reduction. The recipient must always prove that the defect already existed at the time of delivery. The goods must be inspected immediately after delivery. Defects discovered in this process must also be reported to the seller immediately, but at the latest within 14 days after delivery, stating the type and extent of the defect. Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in time, the goods shall be deemed approved. The assertion of warranty or damage claims as well as the right to contest an error due to defects are excluded in these cases.

The statutory warranty provisions shall apply. Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Claims for damages shall become time-barred within 6 months from knowledge of the damage and the injuring party, but in any case within 3 years after performance or delivery.

Any recourse claims that contractual partners or third parties assert against us under the title of “product liability” within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within our sphere and at least through gross negligence.

§10 SET-OFF, REFUSAL OF PERFORMANCE AND RETENTION PROHIBITIONS

Set-off against our claims with counterclaims of any kind is excluded. Justified complaints do not entitle the customer to withhold the entire amount, but only a part of the invoice amount corresponding to three times the expected costs of substitute performance for remedying the defect.

§11 FORM REQUIREMENTS

All agreements, subsequent amendments, supplements, ancillary agreements, etc. must be in written form to be valid, thus also requiring an original signature or a secure electronic signature.

§12 CHOICE OF LAW, JURISDICTION AGREEMENT

Austrian substantive law shall apply to this contract; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. For the decision of all disputes arising from this contract, the court with subject-matter jurisdiction at the registered office of our company shall have local jurisdiction. However, we also have the right to bring an action at the general place of jurisdiction of the contractual partner.

DrEberhardt GmbH
Status of the GTC: April 2021