General Business Conditions of Matahari Teakholzmöbel
I. Validity
The deliveries, services and offers of our company are exclusively done in conformity with these business conditions; we don’t admit conditions of the customer that are contrary or that deviate from our business conditions, even if we had approved their validity. Negotiations of contract fulfillment on our side do not represent a validation of the deviation from our contractual conditions. These business conditions have a validity of frame convention for all the other legal actions between the contractual partners.
II. Concluding the contract
A contractual request of a customer requires a confirmation of the order. And the goods delivery validates the contract conclusion. In the instances when offers are delivered to us, then the offerer is obliged to these offers for a short period of time, but of at least 8 days as from the offer entry.
If a customer presents plans or dimensions, then he is responsible for their accuracy under the circumstances when inaccuracy is not public or if they have not been established in the form of natural sizes. In the cases when instructions of the customer prove to be mistaken, we’ll let him know forthwith and will request adequate instructions. In the cases when the instructions will not be delivered in due time, the buyer will bear, besides the normal expenses, also the delay expenses.
In the cases when decoration objects are made from wood, the fact should be taken into account that the natural character of wood being visible through nodes, holes from branches, fissures or a different tint of the wood color, do not diminish the object value, in the case when these natural characteristics are in small amounts and if the object use is not influenced negatively by them. There are also deemed to be accepted slight deviations, usual in the trade, related to colors and models.
III. Price
All prices mentioned by us, in case when it is not specifically stipulated otherwise, are understood to be without any tax on the turnover. In case when relevant costs such as the ones for the acquisition of raw material and materials, transport, worsening of the foreign exchange parity, financing, etc. change, we reserve the right to raise or correlate the prices accordingly.
In the case of consumption contracts, item III is not applicable
IV. Terms of payment, interests for delay.
In the case of convention absence, our claims will be extinguished by the goods payment with cash on delivery. The reductions require a special convention. In the event that the payment is delayed, even partial delays, the reduction conventions don’t remain in force. The payments are deemed to be made by the customer on the date when the money enters into our account.
In the case of delay by the customer of the payment, we have the right, at free choice, to decide the modality of compensation for the caused damages or – in the cases when it is not about crediting with consumers – delay interests of 4% over the base interest made by the National Bank of Austria will be levied.
We reserve the right to request as advance payment a maximum of up to 1/3 of the order value. In the cases when it is not stipulated otherwise, the maturity date for the payment of the rest of the contract value is the date of taking over, respectively, remitting the objects. If we accept the payment by a check leave it means that the payment date is the date of collecting the check. The charges for discount are borne by the customer. The buyer may have claims to our demands that are legally established or that are admitted by us in writing.
V. Withdrawal from the contract
If the reception is delayed (item VII) or for other important reasons, such as customer’s bankruptcy or the bankruptcy rejection for reasons of lack of patrimony, as well as for reasons of payments delay by the customer, we have the right to withdraw from the contract, on the condition that it must not have been fully fulfilled by both contracting parties. For the case of withdrawal, we have the right, at choice, for the customer’s indebting, to request either a lump sum compensation of the damages of 15% of the invoice gross value or the effective compensation of the caused damage. In the event that the customer delays the payment, we are discharged of any of deliveries and services whatsoever, having the right to stop the deliveries or services that must be performed and to request payments in advance or guaranties, or to withdraw after setting a subsequent term for the contract. In the event that the customer withdraws from the contract – without being entitled to do this – or if he requests termination, then we have the right to demand the contract fulfillment or to approve the termination; in the latter case, the customer is obliged, at our choice, to pay a lump sum compensation of the damages of 15% of the invoice gross value or the effective compensation of the caused damage.
VI. Charges for summons and collection of payments
The contractual partner (the customer) undertakes, for the cases of delay, to pay in the favor of the creditor the summon charges and collection of payment, if they are necessary for the legal pursuit. In the cases when the creditor carries out himself the summons, the debtor undertakes to pay per delivered summon an amount of € 150,- and for the evidence of the debt relations within the related services, an amount of € 50,- per semester.
VII. Delivery, transport, reception delay
Our selling prices do not include costs of remittance, assemblage or installation. Upon request, these services can be provided, respectively organized by us against a cost. For the transport, in the cases when there is not convention between the partners for the transport, respectively remittance, the effective costs will be invoiced plus a supplement of overhead expenses, but no less than the shipping and transport tariff of the chosen carrier, on the date when the transport is done. The assemblage works are calculated according to the related time, taking into account the hourly tariff valid for a qualified worker in this area.
In the event that the customer has not taken over the goods according to the agreement (reception delay) we have the right, after an subsequent, unsuccessful setting of a term, either to store the goods at our site, an activity for which a storage tax is levied, of 0.1% of the invoice gross value per begun calendar day, or to store them at customer’s expense and risk in a place indicated by him. At the same time, we have the right to demand further the contract fulfillment or to withdraw from the contract after setting a subsequent term of minimum 2 weeks and to proceed the goods elsewhere.
VIII. Delivery term
We are only then obliged to execute the services, from the moment when the customer fulfilled all his obligations, which are necessary for the execution. We have the right to exceed by a week at the most the agreed terms and the delivery term. Only after exceeding this term and after setting another subsequent term, the customer has the right to withdraw from the contract.
IX. Place of fulfillment
The place of fulfillment is the headquarters of our company.
X. Slight change of services
In the event that it is not about a consumption contract, it is deemed that the potential slight changes related to our obligations of services and deliveries are accepted beforehand. This is especially valid for the deviations conditioned by the object (for example dimensions, colors, image of wood and veneer, wavy growth and structure, etc.)
XI. Guaranties, obligations of checking out and announcing a demand
We fulfill the customer’s claims from the guarantee in all cases at our choice, either by replacement, repair within the related term, or by price cutting. The denouncement (contract termination) may be requested by the customer only in the cases when the damage cannot be remedied by replacement or repair and the customer is not willing to a price cutting. Claims of damages compensation on the side of the customer, which have as target the removal of deficiency by improvement or replacement, may be validated by us, only at the moment when we are in delay with the fulfillment of the claims from guarantees. The indemnity claims from guarantees shall be validated in the cause within a year as from the delivery, if it is about movable objects.
In the event that the customer insists on a deficiency, the claims laid by him, especially as a result of a guarantee or damages compensation, may only be validated if the respective customer demonstrates that the deficiency existed at the moment of performing the delivery; this is also valid for the first six months after delivery.
The customer has the obligation, in the sense of §§ 377 f HGB to check out the goods forthwith, in 6 working days at the most from the date of delivery. The deficiencies found will be presented immediately, within 3 days at the most from their determination, by informing in writing regarding the type and volume of the deficiency. The hidden vices will be reported forthwith, but not later than three working days from their determination. In the cases when the complaints related to the deficiencies are not remitted on time, it is deemed that the goods were accepted.
Our obligation to the guarantee is extinguished after the guarantee term expiry; a special complaint on the side of the customer, in conformity with § 993b ABGB for the personal fulfillment of the guarantee obligations is excluded.
All the elements established within item XI are not valid in the case of consumption transactions.
XII. Damages compensation
All the claims of damages compensation are excluded if it is about a minor negligence. The presentation of minor or major negligence, in the case when it is not about a consumption transaction, should be proved. In the event that it is not about a consumption transaction, then barring the claims of damages compensation is of 3 years of the risk transfer. The claims of damages compensation determined within these business conditions or the other conventions related to the damages compensation are also valid when, the claim of damages compensation is validated if it has instead the claim of indemnity in guarantee.
XIII. The warranty for a product
All the goods are delivered by us under the reserve of property and they remain our property until the full payment. The validation of the property reserve may represent a withdrawal from the contract, only if it is explained clearly. In the case of goods return, we have the right to invoice the charges of transport and handling. In the case of intervention of the third parties for conditioned goods – especially by pledging – the customer undertakes to present our ownership right and to let us know immediately regarding this situation. In the cases when the customer is a consumer or not a company, which has as activity object the trading of the goods purchased from us, he is not permitted to dispose of the conditioned goods until the debts are not paid from the purchase price, especially he is not permitted to sell, to pledge, to donate and to lend the respective goods. The customer bears the entire risk for the conditioned goods, in particular the risk of price reduction, loss or deterioration.
XIV. Claims assignment
In the cases of delivery under the property reserve, the customer assigns from now on his claims to third parties, when there is the premise of our goods selling or processing, until the full payment of our claims. At our request, the customer should present his clients and to let them know in due time about the assignment. The assignment should be mentioned in the transaction registers, particularly in the lists of unmade payments and the customer should be warned regarding those on the invoice or on the advices of dispatch. In the event that the customer is in delay of payment to us, then his collections from sales must be separated to our benefit. The claims to an insurer are already assigned to us in the sense of § 15 of the Law on insurance contracts. The claims against us cannot be assigned without our specific consent.
XV. Withholding
In the case it is about a consumer transaction, the customer, in conditions of legal and justified complaint, has not the right of total value withholding of the gross invoice, but only of a part of it, on the condition that it is not about a return.
XVI. Applicable law, headquarters of the relevant court of law
The legislation of Austria is valid. It is explicitly excluded the application of the ONU commercial law. The contractual language is German. The contracting parties agree on the Austrian, internal jurisdiction. In the case it is not about a consumption transaction, the relevant court of law, exclusively valid, is the one in whose jurisdiction the headquarters of our company are.
XVII. Data protection, change of addresses and the copyright
The customer gives his consent regarding the fact that the personal data stipulated in the contract and presented for its carrying out, may be stored and processed by our automatic systems.
The customer must announce forthwith regarding the change of domicile, respective address of the company, in the cases when the contract or commercial transaction has not been carried out completely by the contracting parties. If doing this informing is neglected, then it is deemed that the documents have been remitted, even if they have been delivered to the last known address. Both the plans, drawings and other technical documents, and the samples, catalogues, photographs and other documents of this kind remain permanently in our property; the customer does not get any rights whatsoever of using or proceeding the work.
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