TERMS AND CONDITIONS
BIEGETECAT, Martin Mayerhofer, Tool Trade Company based in 6173 Oberperfuss, AUSTRIA
1. Contract: BiegetecAT provides its services exclusively on the basis of the following terms and conditions (GTC). These apply to all legal relationships between BiegetecAT and the customer. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by BiegetecAT. Any terms and conditions of the customer, even if known, not accepted, unless in specific cases and in writing agreed by BiegetecAT. Further objection to notice the customers by BiegetecAT is not required. Changes in Terms and Conditions will be posted to the customer and shall be deemed agreed if the customer does not object to the amended Terms and Conditions in writing within 14 days. On the importance of handling these GTC confidential by the customer is explicitly stated in the agreement. Offers by BiegetecAT are non-binding.
2. Social Media channels: BiegetecAT makes the Customer aware, that placing there Logo and Information on "social media channels" ( facebook, in the following: provider) is subject to there terms of use and approval, advertising in this Form is expressed and no reason to reject or remove. The providers are therefore not required to forward content and approval statements to the Customers.
3. Order Processing and Customer Responsibilities: The scope of the deliverables resulting from the service description in the offer or by confirmation trought BiegetecAT. Subsequent changes to the service contents require written confirmation by BiegetecAT. The customer is also obliged, the documents made available for the implementation of the order (photos, logos, etc.) on any copyright, trademark, trademark rights or other rights of third parties to check (clearing rights) and guarantees the documents free of third party rights are and therefore can be used for the intended purpose. So the customer hast to hold BiegetecAT indemnify and hold BiegetecAT harmless; he has to replace BiegetecAT all disadvantages caused by their use of a third party, in particular the costs of adequate legal representation. The customer agrees to assist in the defense of BiegetecAT any third party claims. The customer provides BiegetecAT this unsolicited with all documents required.
4. Delivery: All positions offer and invoices are subject to the terms of delivery from the factory. EX WORKS
5. Payment and Retention of Title: The stated INVOICE AMOUNT AND PERFORMANCE AMOUNT is due immediately upon receipt of invoice and without deduction, unless special payment terms are agreed in writing in the individual case. This also applies to the further settlement of all cash expenses and other expenses. The delivered goods remai in BiegetecAT Ownership, until full payment of the fee, including all incidental liabilities is made by the Customer. If payment of the customer's statutory default interest in the amount applicable to contractor businesses. Furthermore, the customer agrees in the event of late payment, BiegetecAT the resulting dunning and collection costs, if they are necessary for appropriate legal action to replace. This at any rate includes the cost of two reminder letters in the standard market rate, currently at least € 20.00 per reminder and a reminder of a lawyer in charge of the collection. The assertion of further rights and claims shall remain unaffected. Furthermore BiegetecAT is under no obligation to provide further services until payment of the outstanding amount (retention)is made by thee Customer. The obligation to pay the remuneration remains unaffected. If the payment agreement in installments can not be fullfilled, BiegetecAT reserves in the event of untimely payment of installments or ancillary claims the right to demand immediate payment of the entire outstanding debt (date lost).
6. Foreign Services / Outsourcing to third parties: BiegetecAT is entitled at its discretion to perform the service itself, to operate in the provision of contractual services of expert third parties erals agents and / or to substitute for such services ("foreign power"). The appointment of a third party as part of a foreign power is either on their own behalf or on behalf of the customer. BiegetecAT will select these third parties carefully and make sure that this has the required professional qualifications.
7. Date: Specified delivery or performance deadlines apply, unless expressly agreed as binding, only as approximate and not binding. Binding appointments shall be recorded in writing or confirmed in writing by BiegetecAT. If delivery / service is delayed by BiegetecAT for reasons that they can not be held responsible for, such as Events of force majeure and other unforeseeable, unavoidable events with reasonable means, the rest payment obligations for the duration and scope of the obstacle and extend the deadlines accordingly. If such delays continue for more than two months, the customer and BiegetecAT is entitled to withdraw from the contract. Is BiegetecAT is in default, the customer may only withdraw from the contract after it has BiegetecAT set a reasonable grace period of at least 14 days and this period has elapsed. Claims for damages of the customer for non-performance or delay shall be excluded, except upon proof of intent or gross negligence.
8. Warranty: The customer has to report any defects without any delay in writing within eight days of delivery / performance by BiegetecAT, hidden defects within thirty days after recognizing by describing the fault. Otherwise the service is deemed approved. In this case, the assertion of warranty and claims for damages and the right to challenge errors is excluded. In case of justified and timely complaint, the customer has the right to repair or replacement of the goods / services by BiegetecAT. BiegetecAT will remedy the deficiencies within a reasonable time, the customer allows BiegetecAT all necessary for the investigation and corrective measures. BiegetecAT is entitled to refuse to improve the performance if this is impossible or for BiegetecAT a disproportionate effort. In this case, the customer is entitled to statutory conversion or reduction rights. The warranty period is six months from delivery / service. The right of recourse against BiegetecAT according to § 933b, Section 1 of the General Civil Code shall expire one year after delivery / service. The customer is not entitled to withhold payments because of faults. The presumption provisions of Invoice Payment accordingnto § 924 Austrian Civil Code is excluded.
9. Privacy Policy (visual emphasis according to the case law): The Customer agrees that his personal data such as names / company, profession, date of birth, company registration number, power of representation, contact person, business address and any other addresses of clients, telephone number, fax number, e-mail address, bank details, credit card details, UID number) can be used by BiegetecAT for the purpose of contract fulfillment and Customer service, as well as for advertising purposes, for example to send the Customer offers, promotional brochures and newsletters (in paper and electronic form), as well as the mention purposes on the are existing customers or former business relationship (Reference Note) determined using automated, stored and processed. The Customer agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent may be revoked at any time in writing via e-mail, fax or letter to the contact listed in the header of the GTC. 10. Applicable Law: The contract and all derived from the mutual rights and obligations and claims between BiegetecAT and the Customer are subject to Austrian substantive law, including its conflict of laws principles and including the EU sales law.
11. Place of performance and jurisdiction is the registered office of BegetecAT. When shipping the Goods, the risk passes to the buyer once BiegetecAT has the goods handed over to the choosen carrier. The place of jurisdiction for all the materially competent of BiegetecAT is the seat of the Court in Innsbruck AUSTRIA. It shall be agreed between BiegetecAT and the Customer in case of any legal disputes arising in connection with this contract, shall be the Court in Innsbruck AUSTRIA. BiegetecAT is entitled to sue the customer at his general place of jurisdiction. To the extent only in the masculine form in this contract to individuals related terms, they relate to women and men in the same way. When applying the label to certain natural persons, the gender-specific form to be used.
Error, typographical and printing errors, as well as any color and weight deviations shown in the catalog and website are reserved by BiegetecAT.
BIEGETECAT, Martin Mayerhofer, Tool Trade Company based in 6173 Oberperfuss, AUSTRIA
1. Contract: BiegetecAT provides its services exclusively on the basis of the following terms and conditions (GTC). These apply to all legal relationships between BiegetecAT and the customer. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by BiegetecAT. Any terms and conditions of the customer, even if known, not accepted, unless in specific cases and in writing agreed by BiegetecAT. Further objection to notice the customers by BiegetecAT is not required. Changes in Terms and Conditions will be posted to the customer and shall be deemed agreed if the customer does not object to the amended Terms and Conditions in writing within 14 days. On the importance of handling these GTC confidential by the customer is explicitly stated in the agreement. Offers by BiegetecAT are non-binding.
2. Social Media channels: BiegetecAT makes the Customer aware, that placing there Logo and Information on "social media channels" ( facebook, in the following: provider) is subject to there terms of use and approval, advertising in this Form is expressed and no reason to reject or remove. The providers are therefore not required to forward content and approval statements to the Customers.
3. Order Processing and Customer Responsibilities: The scope of the deliverables resulting from the service description in the offer or by confirmation trought BiegetecAT. Subsequent changes to the service contents require written confirmation by BiegetecAT. The customer is also obliged, the documents made available for the implementation of the order (photos, logos, etc.) on any copyright, trademark, trademark rights or other rights of third parties to check (clearing rights) and guarantees the documents free of third party rights are and therefore can be used for the intended purpose. So the customer hast to hold BiegetecAT indemnify and hold BiegetecAT harmless; he has to replace BiegetecAT all disadvantages caused by their use of a third party, in particular the costs of adequate legal representation. The customer agrees to assist in the defense of BiegetecAT any third party claims. The customer provides BiegetecAT this unsolicited with all documents required.
4. Delivery: All positions offer and invoices are subject to the terms of delivery from the factory. EX WORKS
5. Payment and Retention of Title: The stated INVOICE AMOUNT AND PERFORMANCE AMOUNT is due immediately upon receipt of invoice and without deduction, unless special payment terms are agreed in writing in the individual case. This also applies to the further settlement of all cash expenses and other expenses. The delivered goods remai in BiegetecAT Ownership, until full payment of the fee, including all incidental liabilities is made by the Customer. If payment of the customer's statutory default interest in the amount applicable to contractor businesses. Furthermore, the customer agrees in the event of late payment, BiegetecAT the resulting dunning and collection costs, if they are necessary for appropriate legal action to replace. This at any rate includes the cost of two reminder letters in the standard market rate, currently at least € 20.00 per reminder and a reminder of a lawyer in charge of the collection. The assertion of further rights and claims shall remain unaffected. Furthermore BiegetecAT is under no obligation to provide further services until payment of the outstanding amount (retention)is made by thee Customer. The obligation to pay the remuneration remains unaffected. If the payment agreement in installments can not be fullfilled, BiegetecAT reserves in the event of untimely payment of installments or ancillary claims the right to demand immediate payment of the entire outstanding debt (date lost).
6. Foreign Services / Outsourcing to third parties: BiegetecAT is entitled at its discretion to perform the service itself, to operate in the provision of contractual services of expert third parties erals agents and / or to substitute for such services ("foreign power"). The appointment of a third party as part of a foreign power is either on their own behalf or on behalf of the customer. BiegetecAT will select these third parties carefully and make sure that this has the required professional qualifications.
7. Date: Specified delivery or performance deadlines apply, unless expressly agreed as binding, only as approximate and not binding. Binding appointments shall be recorded in writing or confirmed in writing by BiegetecAT. If delivery / service is delayed by BiegetecAT for reasons that they can not be held responsible for, such as Events of force majeure and other unforeseeable, unavoidable events with reasonable means, the rest payment obligations for the duration and scope of the obstacle and extend the deadlines accordingly. If such delays continue for more than two months, the customer and BiegetecAT is entitled to withdraw from the contract. Is BiegetecAT is in default, the customer may only withdraw from the contract after it has BiegetecAT set a reasonable grace period of at least 14 days and this period has elapsed. Claims for damages of the customer for non-performance or delay shall be excluded, except upon proof of intent or gross negligence.
8. Warranty: The customer has to report any defects without any delay in writing within eight days of delivery / performance by BiegetecAT, hidden defects within thirty days after recognizing by describing the fault. Otherwise the service is deemed approved. In this case, the assertion of warranty and claims for damages and the right to challenge errors is excluded. In case of justified and timely complaint, the customer has the right to repair or replacement of the goods / services by BiegetecAT. BiegetecAT will remedy the deficiencies within a reasonable time, the customer allows BiegetecAT all necessary for the investigation and corrective measures. BiegetecAT is entitled to refuse to improve the performance if this is impossible or for BiegetecAT a disproportionate effort. In this case, the customer is entitled to statutory conversion or reduction rights. The warranty period is six months from delivery / service. The right of recourse against BiegetecAT according to § 933b, Section 1 of the General Civil Code shall expire one year after delivery / service. The customer is not entitled to withhold payments because of faults. The presumption provisions of Invoice Payment accordingnto § 924 Austrian Civil Code is excluded.
9. Privacy Policy (visual emphasis according to the case law): The Customer agrees that his personal data such as names / company, profession, date of birth, company registration number, power of representation, contact person, business address and any other addresses of clients, telephone number, fax number, e-mail address, bank details, credit card details, UID number) can be used by BiegetecAT for the purpose of contract fulfillment and Customer service, as well as for advertising purposes, for example to send the Customer offers, promotional brochures and newsletters (in paper and electronic form), as well as the mention purposes on the are existing customers or former business relationship (Reference Note) determined using automated, stored and processed. The Customer agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent may be revoked at any time in writing via e-mail, fax or letter to the contact listed in the header of the GTC. 10. Applicable Law: The contract and all derived from the mutual rights and obligations and claims between BiegetecAT and the Customer are subject to Austrian substantive law, including its conflict of laws principles and including the EU sales law.
11. Place of performance and jurisdiction is the registered office of BegetecAT. When shipping the Goods, the risk passes to the buyer once BiegetecAT has the goods handed over to the choosen carrier. The place of jurisdiction for all the materially competent of BiegetecAT is the seat of the Court in Innsbruck AUSTRIA. It shall be agreed between BiegetecAT and the Customer in case of any legal disputes arising in connection with this contract, shall be the Court in Innsbruck AUSTRIA. BiegetecAT is entitled to sue the customer at his general place of jurisdiction. To the extent only in the masculine form in this contract to individuals related terms, they relate to women and men in the same way. When applying the label to certain natural persons, the gender-specific form to be used.
Error, typographical and printing errors, as well as any color and weight deviations shown in the catalog and website are reserved by BiegetecAT.