General Terms and Conditions of Business of Mayrhofer & Schütz OG
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; we do not recognise conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity. In this respect, acts of contract performance on our part shall not be deemed as consent to contractual conditions deviating from our conditions. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.
II. conclusion of contract
A contract offer of a customer requires an order confirmation. The dispatch of the goods ordered by the customer also brings about the conclusion of the contract. If offers are made to us, the bidder is bound by them for a reasonable period of at least 8 days from receipt of the offer.
Unless otherwise expressly stated, all prices quoted by us include value added tax. Should wage costs change due to collective agreements in the industry or internal agreements or should other cost centres relevant for calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing etc., we shall be entitled to increase or reduce prices accordingly. Point III. does not apply to consumer transactions.
IV. Terms of payment, interest on arrears
Bikeup 3000: From an order value of more than € 500,- we require a deposit in the amount of our next table.
Discount Scale Discount Deposit
1 pcs. BikeUp 3000 0% 30%
2-3 pcs. BikeUp 3000 3% 30%
4-6 pcs. BikeUp 3000 5% 50%
7-10 pcs. BikeUp 3000 7% 50%
General: In the absence of an agreement to the contrary, our claims are to be paid in cash step by step against delivery of the goods. Discount deductions require a separate agreement. In the event of default in payment, including partial payments, any discount agreements shall also become invalid. Payments by the customer shall not be deemed to have been made until they have been credited to our business account.
In the event of default in payment on the part of the customer, we shall be entitled, at our discretion, to demand compensation for the actual damage incurred or default interest at the statutory rate. In the event of default of payment by the customer, our company is also entitled to demand compound interest from the day of delivery of the goods.
V. Cancellation of a contract
In the event of default in acceptance (Clause VII.) or other important reasons, such as bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as default in payment by the customer, we are entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of rescission, we have the choice, if the customer is at fault, of claiming a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default in payment by the customer, we shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, we have the choice of insisting on performance of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged, at our discretion, to pay lump-sum damages amounting to 15% of the gross invoice amount or the actual damage incurred. In the case of distance contracts (§§ 5a ff Consumer Protection Act) the consumer can withdraw from the contract within 7 working days, whereby Saturdays do not count as working days. The period begins on the day of receipt of the goods by the consumer or, in the case of services, on the day of conclusion of the contract. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he must bear the costs of returning the goods; if a loan has been taken out for the contract, he must also bear the costs of the required certification of signatures and the charges (fees) for granting the loan. In the case of services the execution of which is commenced as agreed within 7 working days of the conclusion of the contract, a withdrawal is not possible.
VI. Reminder and collection charges
In the event of default, the contractual partner (customer) undertakes to reimburse the creditor for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal proceedings, whereby he undertakes in particular to reimburse at most the fees of the collection agency involved, which result from the BMwA regulation on the maximum rates of the collection agencies due. If the creditor operates the dunning system himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder issued and an amount of EUR 3.63 per half-year for keeping records of the debt relationship in the dunning system.
VII Delivery, Transport, Default in Acceptance
Our sales prices do not include costs for delivery, assembly or installation. On request, however, these services can be provided or organised by us against separate payment. In this case, the actual costs incurred for transport or delivery, including a reasonable surcharge for direct costs, but at least the freight and carriage charges of the selected mode of transport applicable or usual on the day of delivery shall be invoiced. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled, after setting an unsuccessful grace period, either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store them at the cost and risk of the customer with an authorised tradesman. At the same time, we are entitled either to insist on performance of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to use the goods for other purposes.
VIII. delivery deadline
We shall only be obliged to perform performance as soon as the customer has fulfilled all his obligations required for performance, in particular all technical and contractual details, preliminary work and preparatory measures.
We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after expiry of this period can the customer withdraw from the contract after setting a reasonable grace period.
IX. place of fulfilment
The place of performance is the registered office of our company.
X. Minor service changes
If it is not a consumer transaction, minor or other changes to our performance or delivery obligations that are reasonable for our customers shall be deemed approved in advance. This applies in particular to deviations caused by the item (e.g. dimensions, colours, wood and veneer pattern, grain and structure, etc.).
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer business, to damage to goods taken over for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Before connecting or transporting IT products or before installing computer programs, the customer is obliged to adequately back up the data already existing on the computer system, otherwise he is responsible for lost data and for all associated damages.
XII. Product liability
Claims for recourse within the meaning of § 12 Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least grossly negligent.
XIII. Retention of title and its assertion
All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, we shall be entitled to charge any transport and handling expenses incurred. In the event of access by third parties to the reserved goods – in particular through seizure – the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or no entrepreneur whose ordinary course of business includes trading in the goods acquired by us, he may not dispose of the reserved goods until full payment of the outstanding purchase price claim, and in particular may not sell, pledge, give them away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
XIV. Assignment of claims
In the event of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, on account of payment until final payment of our claims. Upon request, the customer must inform us of his customers and inform them of the assignment in good time. The assignment is to be entered in the books, in particular in the open item list, and made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer holds these only in our name. Any claims against an insurer have already been assigned to us within the limits of § 15 of the Insurance Contract Act.
Claims against us may not be assigned without our express consent.
If the transaction is not a consumer transaction, the customer is not entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, except in cases of rescission.
XVI. Choice of law, place of jurisdiction
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of our company shall have exclusive local jurisdiction to decide all disputes arising from this contract.
XVII. Data protection, change of address and copyright
The customer gives his consent that the personal data contained in the purchase contract may also be stored and processed by us with the aid of automation in fulfilment of this contract. The customer is obliged to inform us of changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation of any kind.
Mayrhofer & Schütz OG
4861 Schörfling am Attersee
Commercial Register: Regional Court Wels FN 253574d
Phone: +43 7662 2202