General Terms and Conditions of Business
of Alpenheat Produktions- und Handels GmbH
Status: July 2013
§ 1 Validity of General Terms and Conditions
All contracts concluded with Alpenheat Produktions- und Handels GmbH (hereafter referred to as ALPENHEAT) are subject to the following terms and conditions. They are a binding integral part of the contract for all business transactions and are accepted by the customer as effective when an order is placed.
Contrary terms and conditions, subsidiary agreements and amendments do not apply unless expressly agreed to in writing.
In case of doubt, the contract partner agrees, that ALPENHEAT’s terms and conditions apply, even if the conditions of the contract partner are not disputed.
ALPENHEAT reserves the right to amend these General Terms and Conditions of Business. Orders received beforehand will be processed in accordance with the Terms and Conditions of Business that were in force when the contract was concluded.
§ 2 Conclusion of Contract
ALPENHEAT’s offers are subject to change and are non-binding. The contract becomes effective and is counted as concluded after a written order confirmation with a confirmation number has been assigned by ALPENHEAT. Up to this point in time ALPENHEAT is under no obligation to provide supplies or services.
§ 3 Copyright
During the existence of the business relationship, ALPENHEAT grants the business partners the revocable authorisation to use ALPENHEAT logos, trade names, images, pictures and product descriptions in connection with the distribution of ALPENHEAT products. The intellectual property of ALPENHEAT cannot be used on other products that were not purchased, delivered or manufactured by ALPENHEAT or purchased and delivered by their official importer. Upon notification by ALPENHEAT or termination of the business relationship, the usage ends. Intellectual property may be used for up to 6 months after termination, but only to sell any remaining ALPENHEAT products on stock.
§ 4 Prices
Unless otherwise agreed in writing, ALPENHEAT’s prices are in Euros, whereby only the recommended retail prices in Austria include the statutory sales tax.
The prices are ex warehouse Fernitz, Austria. Fees, duties, taxes, transportation, travel costs, expenses, insurance, delivery and shipping are not included in the price and will be billed to the customer separately.
§ 5 Terms of Payment
ALPENHEAT reserves the right to demand the full purchase price before delivery.
Otherwise, the purchase price must be paid within 30 days of the invoice date without any deduction.
If the customer is in default of payment, ALPENHEAT can either insist on the fulfillment of the contract or withdraw from the contract. In this case, the customer must immediately return goods already received at his own cost.
If ALPENHEAT insists upon fulfilment of the contract, ALPENHEAT can:
a) starting from the due date, charge the basic interest rate of the European Central Bank plus10% on arrears
b) defer fulfilment of its own obligations until the outstanding payment has been received,
c) agree to deliver at a later date,
d) demand payment of the entire accumulated outstanding amount.
For the incurred damages caused by delay, the customer shall also reimburse ALPENHEAT with the collection and operating charges.
Counterclaims on the part of the customer cannot be off-set against ALPENHEAT’s claims, unless the counterclaims arise from the same contract and ALPENHEAT has accepted and confirmed the counterclaim in writing.
The object of purchase or the goods remain the property of ALPENHEAT until full payment of the purchase price and all associated costs and expenses have been paid. Any further prior selling on of the goods is only permitted if ALPENHEAT is notified in time and informed of the name and company of the buyer and ALPENHEAT approves the sale. In case of approval, it is agreed that the purchase price is assigned to ALPENHEAT and that ALPENHEAT is at all times entitled to notify the third party of this assignment.
The customer is obliged to comply with the current legislation to ensure the retention of title. Any pledge or transfer of ownership of the goods to third parties is prohibited. The assertion of title by ALPENHEAT does not constitute withdrawal from the contract, unless ALPENHEAT declares to the contrary in writing. ALPENHEAT is entitled to reclaim its property, all further rights under the contract remain upright, in particular claims for damages and lost profits.
§ 6 Delivery
Unless Alpenheat has explicitly specified a binding date for delivery or provision of service in writing, any information given is non-binding.
Slight delays in delivery have to be accepted by the buyer and do not entitle the buyer to claim for damages or to withdraw from the contract. Objectively justified and reasonable changes in Alpenheat’s performance or delivery obligation, particularly with regard to delivery time, are considered agreed to by both parties.
Unless otherwise agreed in writing, the risk of accidental loss or accidental damage to goods during transport is borne by the customer. The customer must immediately notify the transport company of any damage or incorrect quantities and receive confirmation from them and immediately inform Alpenheat.
After receiving the order confirmation, the customer cannot breakdown the order into several deliveries.
ALPENHEAT reserves the right to carry out orders in part-deliveries, unless the customer explicitly specifies in writing that he only wants a complete delivery, in this case the delivery date depends upon the completeness of the order.
§ 7 Pre-Orders
In the case of pre-orders received by the date stipulated, the customer will receive the order confirmation the following month. Delivery will be made in September of each year.
The goods must be prepaid 30 days after receiving the order confirmation. In case of late payment, the stipulations of § 5 apply.
Cancellations are possible up to 4 weeks before delivery. In this case, ALPENHEAT will deduct a cancellation fee of 30% from the payment already received and refund the rest.
Changes to the order have to be mutually agreed upon and ALPENHEAT can deduct the quantity and pre-order discounts given. ALPENHEAT is entitled to charge a processing fee of 15 EUR on any mutually agreed changes to the order or to the delivery date, which are made after receipt of the order confirmation.
§ 8 Warranty
The product images, descriptions and color schemes used by ALPENHEAT can vary from the delivered products. In particular, there may be differences due to technical changes and assortment renewals of the manufacturers that are not within ALPENHEAT’s control.
The goods must be inspected immediately upon delivery. Defects have to be reported to the seller within 7 days after delivery, stating type and volume of the defect.
Hidden defects must be reported immediately after they are found. If the defect is not reported or not reported in time, the goods shall be deemed as approved. In this case, warranty or damages claims are not possible, nor can errors due to defects be contested.
Natural wear and tear and defects that develop after delivery, due to external influences or operating error, are in any case excluded from the warranty. The warranty is void in cases of improper handling by the customer. If there are defects which were caused by attaching or installing individual parts, the buyer has to show that they were done by qualified personnel.
ALPENHEAT does not grant the buyer any guarantee beyond the statutory warranty.
Warranty claims are excluded in terms of durability of the batteries.
When justified complaints arise within the warranty period, ALPENHEAT is entitled at their own decision to repair, improve or replace the product. The warranty period is neither extended nor suspended by the repairs, improvements or replacement.
§ 9 Compensation
Claims for damages in cases of slight negligence are excluded, this does not apply to personal injury. Claims for damages are subject to a limitation period of 6 months after becoming aware of the damage and the injuring party and within 4 years after delivery or provision of service.
Should the buyer file a claim for compensation against ALPENHEAT, the customer is obliged to prove the cause and fault.
Recourse claims by the contract party or a third party against ALPENHEAT arising out of the “Product Liability” as defined by the respective Austrian Product Liability Act are excluded, unless the claimant can show that the error was caused through gross negligence and within ALPENHEAT’s responsibility.
ALPENHEAT cannot be held liable for consequential damages arising to the other party or for any economic damages, in particular lost profit.
ALPENHEAT cannot be held liable for damages resulting from incorrect operation by the customer. Despite ALPENHEAT’s highest product quality standards, incorrect operation can lead to damage. ALPENHEAT specifically refers to the product information supplied with the products, which must be read before taking the product into operation and kept to. If the product information is missing, request this prior to taking the product into operation from ALPENHEAT or an authorized ALPENHEAT dealer.
§ 10 Final provision
This contract is subject to Austrian substantive law.
Special conditions apply for contracts entered into with consumers.
Should any clauses of the contract or the General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the other clauses and agreements. In this case, the invalid clause shall be replaced by a legally valid clause which comes closest to the purpose of the contract intended by the two parties. The same applies in order to close any loopholes in the contract.
Place of jurisdiction for any dispute arising out of a contract with ALPENHEAT is the court in Graz with jurisdiction for such cases, whereby ALPENHEAT is entitled to institute legal proceedings in other courts, which are the statutory place of jurisdiction of the contract party.
ALPENHEAT is entitled to store and edit the contract party’s data within the ordinary course of business, in accordance with the applicable provisions of the Data Protection Act.
Alpenheat Produktions- & Handels GmbH Kirchweg 1/3, 8071 Hausmannstätten, Austria, Europe