Terms and Conditions (General Terms and Conditions) of the company Karlhofer OG – Delta Integrale
1.) Deliveries, services and offers from Karlhofer are made exclusively on the basis of these terms and conditions of sale and delivery. These also apply to all future business relationships, even if they are not expressly agreed again. At the latest when the order is placed verbally or in writing or when the goods or services are accepted, these conditions are deemed to have been accepted. Counter-confirmations by the buyer with reference to his own terms and conditions of business or purchase are hereby contradicted. The buyer’s terms and conditions do not bind us – even without express objection. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms of the customer.
2.) Deviations from these sales and delivery conditions are only effective if the seller confirms them in writing. With the order, these conditions are considered accepted. Verbal ancillary agreements or changes to the contract or these conditions require written confirmation.
2. Offer and conclusion of contract
1.) Karlhofer’s offers are subject to change and non-binding. Declarations of acceptance and all orders require the written, telex or telephone confirmation of the seller to be legally effective. The same applies to supplements, modifications or subsidiary agreements. A sales contract is only concluded when the order has been confirmed in writing or by e-mail. The delivery of the goods within a reasonable time from the order is considered acceptance.
2.) Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed in writing, without prejudice to the dimensional guarantee that has been assumed.
3.) Shipping costs are only calculated and attached to the invoice received after the order has been completed. Only then is the purchase complete.
3. Delivery and performance time
1.) The dates and deadlines specified by Karlhofer are non-binding unless otherwise expressly agreed in writing.
2.) Karlhofer is entitled to make partial deliveries and partial services at any time. The start of the delivery time specified by us presupposes that all technical questions have been clarified.
3.) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. Further claims remain reserved.
4.) Provided that the requirements of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he is in default of acceptance or debtor.
5.) We are also liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents is to be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
6.) Further legal claims and rights of the customer remain reserved.
4. Transfer of risk/packaging costs
1.) The risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the Karlhofer warehouse for the purpose of dispatch. If dispatch becomes impossible through no fault of Karlhofer, the risk passes to the buyer upon notification of readiness for dispatch.
2.) Transport and all other packaging in accordance with the packaging regulations will not be taken back. The customer is obliged to ensure that the packaging is disposed of at his own expense.
1.) If the delivery item is defective or lacks guaranteed properties, Karlhofer shall, at its discretion, deliver a replacement or make improvements to the exclusion of other warranty claims by the buyer – in particular to the exclusion of any consequential damage by the buyer. Multiple rectifications are permitted.
2.) Unless otherwise agreed, the warranty period for new goods is 6 months and begins on the date of delivery. If the seller’s operating or maintenance instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not correspond to the original specifications, all warranties are void.
3.) Karlhofer must be notified of defects in writing immediately, but no later than one week after receipt of the delivery item. Defects that cannot be discovered within this period even with careful inspection must be reported to the seller in writing immediately after discovery. The defective delivery items are to be sent to Karlhofer free of charge in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty on the part of Karlhofer.
4.) The warranty does not apply to wearing and used parts that are delivered without any warranty.
5.) Only the direct buyer is entitled to warranty claims against the seller. They are only assignable with the prior written consent of the seller.
6. Retention of Title
1.) The goods remain the property of the seller, processing or transformation is always carried out for the seller as the manufacturer, but without any obligation for him. If the seller’s (joint) ownership expires as a result of amalgamation, it is hereby agreed that Karlhofer’s (joint) ownership of the uniform item shall be transferred to Karlhofer in proportion to the value (invoice value). The buyer keeps Karlhofer’s (joint) property free of charge. Goods to which Karlhofer has (co-)ownership are referred to below as reserved goods.
2.) The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The buyer hereby assigns to Karlhofer in full the claims arising from the resale or any other legal reason (insurance, tort) with regard to the goods subject to retention of title.
Karlhofer revocably authorizes him to collect the claims assigned to Karlhofer for his account in his own name. At the request of the seller, the buyer will disclose the assignment and provide everyone with the necessary information and documents.
3.) If third parties access the goods subject to retention of title, the buyer will point out Karlhofer’s ownership and notify Karlhofer immediately. Costs and damages paid by the buyer.
4.) In the event of breach of contract on the part of the buyer – in particular default in payment – Karlhofer is entitled to take back the reserved goods at the expense of the buyer or, if necessary, to demand the assignment of the buyer’s claims for return against third parties. Taking back and pledging the Karlhofer goods subject to retention of title does not constitute a withdrawal from the contract, unless the installment law applies.
1.) Unless otherwise agreed, payment is made by cash on delivery, delivery by direct debit by direct debit, or prepayment. Karlhofer is entitled, despite the buyer’s terms and conditions, to initially offset payments against his older debts. If costs and interest have already been incurred, Karlhofer is entitled to offset the payment against the costs, then against the interest and finally against the main service.
2.) A payment is only deemed to have been made when the seller can dispose of the amount. In the case of direct debit or checks, payment is only deemed to have been made when the amount has finally been credited to Karlhofer.
3.) If the buyer is in default, Karlhofer is entitled to charge interest at the interest rate calculated by the commercial banks for open overdrafts, but at least 3% above the respective discount rate of the Deutsche Bundesbank plus statutory sales tax to calculate.
4.) The buyer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the seller has expressly agreed in writing or if the counterclaims have been legally established.
1.) The prices are in EURO including VAT. All offers include the applicable VAT. Delivery is freight collect. Prices in offers and order confirmations from Karlhofer are always non-binding: the prices valid on the day of delivery are decisive. Estimates for repair and installation work are prepared as precisely as possible, but are non-binding.
2.) The prices with €0.00 are items that are manufactured on request and sent with a price offer. There are no items that cost €0.00. As well as shipping costs with 0.00 does not exist. Shipping costs are calculated after ordering and added to the order confirmation. Only then is the order completed.
3.) The prices stated in Karlhofer’s order confirmation are decisive. Additional deliveries and services will be charged separately.
4.) If there are more than 6 months between the conclusion of the contract and the agreed and/or actual delivery date, the Karlhofer prices valid at the time of delivery or provision shall apply.
9. Design Changes
The seller reserves the right to make design changes at any time; however, he is not obliged to make such changes to products that have already been delivered.
10. Limitation of Liability
Claims for damages due to the impossibility of performance, positive breach of contract, culpa in contrahendo or tort are excluded both against Karlhofer and against its vicarious agents or vicarious agents, unless intentional or grossly negligent action is involved.
11. Returns – RIGHT OF WITHDRAWAL
Please check the goods for damage immediately upon delivery.
If the cardboard box is damaged, ask the driver for a written confirmation of the damage and please email it to us immediately.
If the damage is not reported properly, it is not possible to settle the damage!
2.) Delivered parts may only be returned after prior agreement with Karlhofer and against payment of the freight costs and payment of a flat-rate fee (for storage, etc.) of 20% of the purchase price.
3.) Returned goods can only be accepted by the seller in the original packaging and in perfect original condition. However, the goods may be subjected to an appropriate examination. You can also avoid the obligation to pay compensation by not using the goods and refraining from anything that could impair their value. If you are unable to return the received goods in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value.
4.) Unauthorized returns, returns with incomplete information, and returns due to cash on delivery not redeemed oblige the buyer to assume the shipping costs incurred by Karlhofer.
5.) Parts and custom-made products that were specially ordered or made for the buyer are excluded from return.
6.) The revocation must be sent to:
Karlhofer OG – Delta Integrale
dr Niederdorfer Strasse 24
Phone: +43 03142/63242
Email address: email@example.com
12. Governing Law
1.) The law of the Republic of Austria applies to these terms and conditions and the entire legal relationship between Karlhofer and the buyer.
2.) As far as legally permissible, our place of business is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Unless otherwise stated in the order confirmation, our place of business is the place of performance. However, we are also entitled to sue the customer at his place of residence.
3.) Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.