Business and delivery conditions Ringer GmbH, A-4844 Regau, Römerweg 9
1. Offers and Contract Confirmation
An offer from Ringer GmbH (also known as the supplier) is initially non-binding. An order to the company Ringer GmbH is only considered to be accepted if it is not rejected in writing within 8 days of the order being placed. However, the customer is bound by signing the order.
2. Prices and Payment:
In the case of installment or exchange transactions, the VAT must be paid promptly after receipt of the delivery!
Bills of exchange are only accepted on account of payment if they can be proven to be discountable. In addition, the customer bears the discount charges for bills of exchange, regardless of whether the bills of exchange are to be issued or not. In the event of default in payment, the customer will be charged default interest of 12%.
In the event of non-compliance with an installment agreement (also in the case of an obligation to exchange bills of exchange), the entire outstanding amount is due for payment immediately. In the event of default in payment, Ringer GmbH has the right to withhold delivery. The withholding of payments due to any counterclaims by the customer is not permitted, nor is offsetting against such. Justified complaints do not entitle the holder to withhold the entire amount, but only an appropriate part of the invoice amount, which corresponds to the probable minimum elimination effort.
We charge the packaging at the cost price. It will not be withdrawn. Our ARA license number: 7030.
4. Delivery Periods:
Unforeseen events that are beyond our will, such as fire, Mobileization, confiscation, embargo, ban on foreign exchange transfer, uprising, lack of transport, general lack of supplies, restriction of energy consumption, labor conflicts, in general in all cases of severe violence both at the supplier and the supplier in the case of the subcontractor as well as delays in delivery by the transport company, the delivery period appropriately extends, taking into account the duration of the event. The same occurs if official or other approvals from third parties required for the design of deliveries are not received in time.
If the delivery period is exceeded, the purchaser has no rights; in particular, the purchaser remains obliged to accept delivery. Compensation for late fulfillment is excluded.
If delivery on call has been agreed and if such a call is not made after notification of readiness for dispatch on the part of the customer, the customer is obliged to accept delivery within four weeks of notification of readiness for dispatch at the request of the supplier.
5. Warranty and compensation:
5.1 The company Ringer GmbH is obliged, in accordance with the following provisions, to remedy any defects affecting usability that are based on a fault in construction, material or design.
5.2 This obligation only applies to defects that have occurred during a period of six months (“guarantee performance period”) from the time of the transfer of risk or, in the case of delivery with installation, from the end of assembly. The presumption rule of § 924 ABGB is excluded.
5.3 The buyer can only invoke this article if he notifies the seller immediately in writing, but at the latest within 3 days of delivery, specified according to the scope and type of the defect. If notification is not made in time, warranty, performance and claims for damages as well as avoidance of errors are excluded. Ringer KG, informed in this way, must, if the defects are to be remedied by it in accordance with the provisions of this article, at its own discretion:
a, repair defective goods on site;
b,have the defective goods or defective parts returned for the purpose of rectification;
c, replace the defective goods or the defective parts. An extension of the guarantee performance does not occur due to a defect remedy.
5.4 If Ringer GmbH has the defective goods or parts sent back for the purpose of repair or replacement, the buyer will, unless otherwise agreed, assume the costs and risk of transport. The return of the repaired and replaced goods or parts to the buyer takes place, unless otherwise agreed, at the expense and risk of the seller.
5.5 The defective goods or parts replaced under this article are available to Ringer GmbH.
5.6 Ringer GmbH only has to pay for the costs of a defect repair carried out by the buyer if it has given its written consent.
5.7 The warranty obligation of Ringer GmbH only applies to defects that occur in compliance with the intended operating conditions and during normal use. In particular, it does not apply to defects that are based on poor installation by the buyer and his agents, poor maintenance, repairs or changes carried out poorly or without the written consent of Ringer GmbH by a person other than Ringer GmbH or its agent, normal wear and tear.
5.8 For those parts of the goods that Ringer GmbH has obtained from sub-suppliers, Ringer GmbH is only liable within the scope of the warranty claims to which it is entitled against the sub-suppliers. If Ringer GmbH manufactures goods on the basis of construction information, drawings or models provided by the buyer, the liability of Ringer GmbH does not extend to the correctness of the construction, but to the fact that the execution is carried out in accordance with the buyer's information. In these cases, the buyer has to hold Ringer GmbH harmless in the event of any infringement of property rights. Ringer GmbH accepts no liability for the acceptance of repair orders or for changes or modifications to old or third-party goods, or for the delivery of used goods.
5.9 From the beginning of the warranty, Ringer GmbH assumes no further liability than that specified in this article, not even for defects the cause of which lies before the transfer of risk.
5.10 It is expressly agreed that Ringer GmbH does not have to pay the buyer any compensation for injuries to persons, for damage to goods that are not the subject of the contract, for other damage and for loss of profit, unless the circumstances of the individual case indicate that Ringer GmbH is guilty of gross negligence. In the event that Ringer GmbH has an obligation to pay compensation, the buyer (customer) must prove, in addition to the damage caused, of the causality of illegal and culpable behavior on the part of Ringer GmbH or its vicarious agents. Claims for damages become statute-barred six months after knowledge of the damage to the damaging party, but in any case three years after the performance or delivery.
5.11 The object of purchase only offers the security that can be expected on the basis of approval regulations, operating instructions, regulations of Ringer GmbH on the treatment of the object of purchase, in particular with regard to any mandatory inspections or other information provided.
5.12 The obligation to pay compensation for property damage resulting from the Product Liability Act and for product liability claims that can be derived from other provisions are excluded.
If a buyer (customer) is a consumer within the meaning of the Consumer Protection Act, warranty and compensation claims by this buyer are dependent on any defects or damage being reported to Ringer GmbH in writing within a period of eight days from the handover (delivery) or recognizability. If the buyer (customer) is an entrepreneur, the relevant notification obligations of the Commercial Code apply.
6. Transfer of risk:
The risk is transferred when the goods are handed over to the transport company or to the customer, in the case of an on-demand delivery agreement, when the customer receives notification of readiness for dispatch. All further claims of all kinds, including claims for damages of all kinds, even if they are at fault, are excluded. Ringer GmbH is not obliged to remedy defects as long as the customer does not meet his payment obligation.
7. Place of fulfillment:
The customer has only fulfilled his payment obligation as soon as the payment has been received by Ringer GmbH. Vöcklabruck is mutually agreed as the place of jurisdiction, regardless of the purchase price.
8. Retention of title:
Ringer GmbH retains ownership of the delivery item until all payments from the order have been received.
The goods remain our sole, unrestricted property until the entire invoice has been paid in full. If this retention of title should expire due to resale to third parties or installation in buildings, the customer shall assign to Ringer GmbH all claims arising from this resale or installation against the third party when placing the order. In such a case, the customer must inform Ringer GmbH to whom the objects subject to retention of title will be sold and / or with whom they will be installed.
In the event of default in payment as well as the initiation of insolvency proceedings against the customer's assets, in particular upon opening of settlement proceedings, bankruptcy proceedings, but also pre-settlement proceedings, the supplier reserves the right to delivered goods at the customer's expense at any time, even if the goods are in use is to retrieve.
The right of Ringer GmbH to make use of the reservation of title and to take back the delivered goods exists regardless of whether Ringer GmbH has already declared a withdrawal from the contract. The customer is obliged to dispose of the delivery item until full payment of the capital, interest and costs at his own expense against fire, water and other damage.
In the event of a seizure or description of the delivery item, the customer must immediately inform Ringer GmbH of the name and the exact address of the operating party or the applicant as well as his representative, the number of judicial files, the amount of the claim of the operating party and the auction date.
A judicial seizure of the delivery item by the supplier does not cancel the retention of title.
9. Right of Ringer GmbH to withdraw from the contract:
If Ringer GmbH becomes aware after the conclusion of the purchase contract that the customer is in an unfavorable financial position, Ringer GmbH can demand security for the consideration or withdraw from the contract taking into account the expenses it has incurred, regardless of whether the unfavorable financial position of the purchaser already existed at the time of the conclusion of the contract or only occurred later.
10. Verbindlichkeit des Vertrages:
Der Vertrag bleibt auch bei Unwirksamwerden einzelner Punkte seiner Bestimmun gen im übrigen verbindlich.
11. Resignation of the customer:
Cancellations of the order by the purchaser require the express approval of Ringer GmbH. They can only be granted in exceptional cases.
In the case of a cancellation of the order approved by Ringer GmbH, the withdrawing buyer must pay a cancellation fee of 20% of the purchase price and any additional expenses and damage suffered by Ringer GmbH.
12. General provision:
12.1 All liabilities arising from a legal transaction concluded with Ringer GmbH are jointly held by their contractual partners, as are any legal successors of the contractual partners.
12.2 Only Austrian law is applicable to legal transactions concluded with Ringer GmbH, excluding the UN sales law and the IPR reference standards.
12.3 For disputes arising from a legal transaction concluded with Ringer GmbH, the jurisdiction of the Voecklabruck district court is agreed.