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General Terms and Conditions of Business (T&Cs)

 

Scope of application

These General Terms and Conditions of Business (T&Cs) apply to all contracts concluded between acurata austria GmbH, FN 258995a, Haibach 80, 4785 Freinberg, hereinafter referred to as "Seller", and customers, as "Buyers".

  1. Customers are entrepreneurs within the meaning of § 1 (1) point 1 of the Consumer Protection Act (KSchG).
  2. The version of the T&Cs valid at the time of conclusion of the contract shall always prevail.
  3. Any terms and conditions that deviate, arise or are supplementary do not form part of the contract, even if they are known.

 

Conclusion and duration of the contract

  1. The Seller's offers are without obligation and non-binding and are to be understood as an invitation to the Buyer to submit an offer. In order for a Buyer to offer a contract, an order confirmation by the Seller is required. The dispatch of the goods ordered by the Buyer also brings about the conclusion of a contract. Deliveries and services shall be subject to technical or other changes to the extent reasonable.
  2. Cost estimates shall only be drawn up in writing. Only written and paid cost estimates are binding. Unless otherwise stated, the Seller is bound for one month by the price estimates contained in these.
  3. Upon signing the offer, the Buyer bindingly declares his or her offer of a contract.
  4. The conclusion of a contract is subject to the reservation that delivery will not be made, or will be made only in part, in the event that the supplier does not receive correct or proper delivery from its own suppliers. In the event that the service is not available, the Buyer shall be informed immediately.
  5. Changes to orders and/or additional orders are binding.

 

Prices and payment methods

  1. The prices are stated net and, in addition, are subject to the statutory VAT and any delivery, packaging and customs costs incurred.
  2. Confirmed prices are only valid for the purchase of the total quantity for which the price has been confirmed. The Seller is entitled to set minimum order quantities or to charge a minimum quantity surcharge if the minimum order quantity is not reached.
  3. The remuneration is due for payment, without deduction, immediately after receipt of the invoice.
  4. The Buyer waives the possibility of offsetting.

 

Retention of title

  1. The Seller reserves title to the goods until payment of the purchase price in full. This retention of title shall also be deemed to have been agreed if the goods are not delivered directly by the Seller, but by a third party on its behalf.
  1. Any pledge, assignment by way of security, or other disposal by a third party of any object of purchase subject to retention of title is inadmissible. The Buyer is obliged to prevent access to the object(s) and is liable for all damages and costs that may arise as a result of such access by third parties. It is obliged to inform the Seller immediately of any seizure of the delivered goods or any other intervention by third parties (e.g., damage). The Buyer shall reimburse the Seller for all costs, of whatsoever nature, associated with release from pledges.
  2. The Buyer is only entitled to resell the goods in the ordinary course of business subject to normal terms and conditions and with the express written consent of the Seller. In this case, it hereby assigns to the Seller all claims, along with ancillary rights and collateral, that arise against its customers as a result of the resale, in the amount of the invoice amount.
  3. The Seller is entitled to collect the assigned claims in order to satisfy its own claim. The Buyer undertakes to include a corresponding note in its books on its invoices.
  4. After assignment, the Buyer shall be entitled to collect the receivable. The Seller reserves the right to collect the claim itself as soon as the Buyer is in default of payment.

 

Liability and warranty

  1. The Seller's liability is limited to intent and gross negligence. Liability for slight negligence and compensation for consequential damage and pecuniary loss, non-realisation of savings, interest losses, and damages arising from the claims of a third party against the Buyer are excluded. The above limitations of liability do not apply to personal injury attributable to the Seller.
  2. The Buyer is obliged to report any events which may lead to liability on the part of the Seller to the Seller immediately after becoming aware of them and to cooperate in determining the facts.
  3. The Seller is not liable for any defects or damages resulting from misconduct on the part of the Buyer, non-compliance with instructions for use or recommendations for action, incorrect care or maintenance, or natural wear and tear. The Seller is also not liable for damage caused by the actions of third parties or chemical influences.

  4. The Buyer must check the goods immediately after acceptance, in particular, to see whether they are complete, correct, and free from other defects. In the event of defects, it must report them in writing within a reasonable period of time, but, at the latest, within one week, and it shall bear the full burden of proof for all requirements for the claim, in particular, for the defect itself, for the time at which the defect is determined, and for the timeliness of the complaint. If it has not complained of a defect within the period for notifying defects, the goods shall be deemed to have been accepted, and all claims, in particular, claims for damages and warranty claims, appeals on grounds of error, are therefore void.

     

Data protection

  1. The Buyer expressly consents to the Seller using all data provided to it in order to fulfil the contract.
  2. The Seller undertakes to treat the Buyer's personal data in accordance with the provisions of the General Data Protection Regulation (GDPR) and to use it only for the purposes of fulfilling the contract.
  3. The Buyer has the right to request information about stored data at any time and, if necessary, to request the rectification or erasure of its data.
  4. The Privacy Policy is on display in the Seller's company and will be made available to the Buyer at any time upon request, either by handing it over or sending it by email or by post.

 

Final provisions

  1. The place of performance is exclusively the headquarters at Haibach 80, 4785 Freinberg.
  2. There are no oral side agreements. All agreements must be made in writing, which includes any amendments to these T&Cs.
  3. Declarations made to the Buyer shall be deemed to have been received if they are sent to the address last communicated by the Buyer, unless the Buyer has communicated a new address in writing. The decisive factor in the case of such written declarations is the time of receipt by the Seller.
  4. Austrian law applies, to the exclusion of application of the UN Convention on Contracts for the International Sale of Goods.
  5. The competent court in the judicial district of the Regional Court of Ried im Innkreis, based on the registered office of the Seller, has jurisdiction for all disputes arising directly or indirectly from the contract.
  6. Should any provision of these T&Cs be invalid or unenforceable, in whole or in part, this shall not affect the validity or enforceability of the remaining provisions. The invalid or ineffective provisions shall be replaced by those provisions that come as close as possible to the economic intent of the invalid or ineffective provision but are permissible and effective.