General Company Practices (GCP)
All our contracts, services and legally valid depositions are conducted solely under the following sales and delivery regulations. Any other conditions of our clients are only binding when there is a written agreement on our part or if these conditions coincide with our GCP. In case the client does not or only partly accepts these conditions, we reserve the right to withdraw from the sale, without the client having any ground to demand compensation.
1. Conclusion of the Contract
The company reserves the right to revoke any of its offers prior to acceptance by the client; technical changes by our supplier remain a possibility. The announcement of our product line on the internet and distribution of flyers are not considered binding, merely an invitation to our client to make an offer. In case an order is placed without an offer on our part, the contract is validated by order confirmation or the delivery of the merchandise.
2. Price
Prices may vary according to rising and falling of taxes, changes in exchange rates or the import and export conditions. The execution of the orders depends therefore on the prices, exchange rates, import export conditions of the day of delivery or in case of metal parts the day of the order. The client has also the right to submit price changes in his favor within 14 days of receiving the bill.
3. Terms of Delivery and Performance
3.1 The announcement or agreement of the time of delivery means that we will attempt to fulfill our obligation in that timeframe. Never the less we reserve the right to exceed this timeframe by a reasonable amount even if the delay lies in our sphere. The client is not able to take any legal actions. Unclear or missing information provided by the client can result in delayed delivery, if as a result of the misinformation or unclear information from the client, the delivery can not be performed or expected in the previously set timeframe.
3.2 We reserve the right to deliver in multiple shipments.
3.3 In case the delivery is delayed more than 14 days, the client has the right to, after submitting a written complaint and setting a 14 day term of late delivery, to withdraw from the contract in writing. Compensation for not fulfilling or delay of the contract can only be claimed in case of negligence or premeditation.
3.4 Unforeseen hindrances to deliver (strike, late delivery of material, closed roads, or incidents of higher power etc.) give us the right to either extend the timeframe of the delivery or to withdraw from the contract. We are not obligated to supply replacement delivery.
3.5 When we agree to a delivery, we deliver to the closest, easiest accessible, ground level suitable surface at the destination, which the client has to provide and prepare. We only unload, carry and assemble if specified in a written agreement and payment for this service is made.
3.6 When we agree to a delivery, the client is responsible to ensure easy and hazard free access (with a 16 ton truck, 4m high) right up to the designated area of unloading, and careful storage of all parts, especially in regards to theft, damage through moisture and other harm. For parts that exceed 50kg in weight, the client has to supply additional manpower to help unloading.
3.7 When we agree to a delivery, the client is financially and physically responsible to find a suitable replacement to accept the delivery. The merchandise has to be checked for missing pieces immediately. Damaged packaging has to be reported immediately also. Scratches, dents, pressure points, chipping etc. of not fully packaged merchandise has to be reported immediately upon delivery.
3.8 In case the client does not accept the ordered merchandise at the agreed timeframe, we reserve the right to collect the payment in full and the client is responsible for any arising costs and dangers due to the storage of the merchandise and new delivery.
3.9 Our duty to deliver is suspended if the client falls behind in payment and/or other obligations towards us.
4. Dispatch
4.1 Delivery
We reserve the right to choose the method of delivery; costs are the responsibility of the client. Delivery vehicles have to be able to reach the designated area for unloading safely and without hindrances and have to be unloaded by the client without delay. In case the client does not take over the merchandise at the agreed delivery time and/or fails to be present at other announced attempts to deliver, the client is responsible for all arising costs in connection with the delivery. If we get charged with any of these costs we will forward the bill to our client. The term “delivery free house” only includes: the cost of the delivery to the named address without unloading or carrying. Special services of our transport and service representatives are not part of the sales contract. The shipping (including loading, transport, and unloading) of the merchandise happens at the recipients own risk.
5. Warranty/Compensation/Product Liability
5.1 The delivered merchandise has to be immediately inspected diligently upon arrival and detected defects have to be recorded on the invoice or packing slip in detail. In case an inspection upon arrival is not possible, this fact has to be recorded on the invoice or packing slip and any later detected defects have to be claimed in writing within 14 days of delivery.
5.2 In case the delivered merchandise is defective or shows defects within the warranty timeframe, the client only has the right for repair or exchange of the defective part within a reasonable timeframe. Altering and/or unpermitted manipulation of the sold merchandise results in losing all claims of warranty or compensation. No other or additional claim apply, especially no reduction of the payment, regardless of the legal standing, unless there was an additional agreement between the client and us or we failed to fulfill our obligation to repair or exchange the defective part within a reasonable timeframe.
5.3 Compensation for any defects occurring later is limited to a maximum of one-half the amount of the order and applies only if we, or our subcontractors, are guilty of severe negligence or intent.
5.4 The client is obligated to apply all instructions in the delivered manual and, in case of doubt, to contact us for advice.
5.5 Protection of a third party through the contract is excluded. In accordance with the guidelines above, if there is a rightful claim of defects against us, the client acknowledges the fact that the claim only extends to the amount we receive from the manufacturer of the defective product or product part.
5.6 All products that consist of manufactured parts have to be assembled and mounted by professionals. In case this rule is not followed, and as a result a person gets injured or damages happen, all claims become forfeited.
5.7 The warranty period is 24 months from the day of delivery to the client. In case the merchandise is being shipped, the warranty period begins with the delivery to the pre-agreed address.
6. Returns
The client is only allowed to return undamaged merchandise if there is a written agreement on our part with detailed instructions for a special case. The return shipment has to be secured and guaranteed by the client, who is also responsible for the costs.
7. Terms of Payment
7.1 The merchandise has to be paid for in cash upon delivery, unless there is a different pre-arranged payment plan in place.
7.2 Special orders or special manufacture has to be paid one-half upon ordering as a down payment. The remainder has to be paid in cash upon delivery, unless there is a different pre-arranged payment plan in place.
7.3 Invoices are due in full, immediately, without any additional agreements needed. If no other written agreement exists, we reserve the right to charge a monthly 1% interest fee beginning the day the payment was due.
8. Right to Rescind from a Contract
8.1 Clients can not cancel a contract as long as we are willing to fulfill our part in an acceptable fashion and as long as there are no circumstances for the Austrian “Customer Protection Law (CPL)” to take effect (for this, see attachment of the law ##3, 3A, 5A till 5H CPL). In case of unsubstantiated cancellation, we reserve the right to charge the client damages and lost income or a 30% cancellation fee, without having to show detailed proof of the damage.
8.2 Information on the Right to Rescind: Please see the Austrian “Customer Protection Law” (attachment).
9. Reservation of Title (Proprietary Rights)
All merchandise remains our property until all obligations of our client towards us are fulfilled, no matter how these obligations came to pass. If the client pays with a check or money order, the obligation toward us remains intact until the check or money order clears our bank account. To secure these proprietary rights the client is obligated to insure the delivered merchandise against fire and theft. Merchandise that is not paid in full cannot be resold or be used as collateral. In case of personal bankruptcy, our company is to be informed immediately. If our merchandise is sold by our client previously for the full payment, our proprietary rights expand to the resulting claim of our client. The claim of the client towards a third party has to be transferred to us immediately, and in case of prolonged proprietary rights, the client is obligated to provide us with all relevant information of his customer upon request.
10. Legality, Place of Performance, Legal Venue
10.1 All business relations between our clientele and us are subject to the Austrian law. Regulations in regards to international transactions do not apply.
10.2 Legal venue is the location of our business. The only place of performance is the court that is case relevant in Krems/Donau, Austria.
11. Obligations of General Company Practices (GCP)
These GCP rules apply for all contacts between our clientele and us.
12. Customer Protection
For customers who are within the guidelines of the “Customer Protection Law” these general sales and delivery rules apply in accordance with the ”Customer Protection Law,” but it has to be stated that the non-conformance of one part does not influence the validation of the other segments.
13. Important Information About Our Products
13.1 Wood is a natural product. Therefore any color differences of our samples, when assembling parts, when ordering additional parts and slight unevenness of the wood caused by its grains is unavoidable and not a defect, but proof of the authentic material wood.
13.2 Leather is a natural product. Leather can have color differences from our flyer, the webpage or previously ordered products. Signs of distress in the leather are not a defect, but proof of the authentic material leather. Nevertheless, we always strive to use these pieces in less visual areas.
13.3 With textile materials, one can also encounter color differences (see 13.2). Cause for this can be due to a slight change in manufacturing or to sunlight exposure and does not represent a defect.
13.4 Metal pieces are manufactured as described in the product information. This product description pertains only to the visual primary parts. Subordinate parts may also consist of other materials.
14. Priority of Contracts
Should one segment or one part of a segment of the contract be invalid, or become invalid, it does not affect the legality of the remaining segments or part of that segment of the contract. The contract has to be interpreted in a way that is trade-wise most compatible with the invalid stipulation, jet has to remain effective.