|
1.
All our supply contracts are governed exclusively by these
delivery terms and conditions. We shall not be bound by the client’s
purchasing conditions.
The client shall be bound by his order for a
period of four weeks.
2.
Our tenders, price lists, quotations and specifications are not
binding. All orders and agreements are subject to written confirmation
from ourselves before they become
legally valid; the same applies to
promises made by our representatives.
3.
Our prices include delivery from our site in Wels 4600. In the
case of service contracts, invoices will be submitted on completion of
the services actually provided.
In the case of unscheduled services
charged on an hourly basis and services which are only invoiced if
actually performed, the full amount shall be payable even if the
confirmation documents have not been signed. If services are not
performed at the place of fulfilment, travelling time from our site
shall be regarded as working time.
4.
All delivery dates and delivery periods are approximate. Fixed
contracts are not permitted.
Claims for compensation on the part of the client due to delayed
delivery/services or non-fulfilment are precluded.
Any partial
services already performed must be accepted and paid for by the client.
Partial deliveries and part invoices are admissible and payable by the
client in accordance with the specified terms and conditions of payment.
5.
Our products are dispatched from our site in Wels 4600 at the
client's risk, even if we are responsible for shipment and other costs.
Risk is transferred to the client when the products are handed over to
the carrier.
The client undertakes to do everything in his power to ensure
that our operations and services can commence and that they can be
performed in due fashion and without
any problems. If this is not the
case, we must be compensated for any additional outlay incurred. When
performing an IT project, the client must appoint a contact
person with
sufficient expertise to make decisions on detailed queries and problems
associated with progress of the project and with the ability to
coordinate the IT
project.
The client is responsible for ensuring that the existing
preliminary services are performed properly and that anything which he
provides is suitable for the purpose and that
the documents which he
provides are correct and complete. This also applies to any performance
specifications concerning individual programmes which need to be
drawn
up.
If the client does not accept the products or services, either in
part or in full, or does not meet the conditions for the services to be
performed, we may terminate the
contract after setting a 14-day notice
period and/or claim compensation on the grounds of non-fulfilment. We
are entitled to claim either thirty percent of the agreed
contractual
sum without the need to provide proof of loss, or compensation for the
actual loss incurred. This also applies if the contract is cancelled for
other reasons
beyond our control
6.
Our invoices are payable in full within 10 days of the invoice
date. Any other target or discount agreements require separate
notification.
In the event of an instalment agreement, the full amount shall
become due even if only one instalment is missed (“acceleration clause”).
The client is not entitled to withhold payment for any reason
whatsoever or to offset payments against our claims. If, in the case of
a delivery or service, the client has the
right to withhold payment,
this is limited to the amount of capital required to cover the
appropriate remedial costs.
7.
If all claims are otherwise excluded, the client shall undertake
to inspect the delivered goods or services provided without delay and to
submit an immediate written report
detailing any defects which he has
observed. The same applies to any defects which may arise at a later
date.
The warranty period runs for six months after delivery. The
customer shall be required to prove that any defects for which we are
responsible were present when the
goods were delivered.
If the delivered goods are used goods, any warranty on our part
shall no longer apply.
We may, at our discretion, fulfil warranty claims by rectifying
the defect or replacing with perfect goods or by offering an appropriate
price reduction, especially if
rectifying the defect is not possible or
would only be possible by incurring disproportionately high costs on our
part.
We assume that if items will be returned our applied yellow seal is
undamaged.
If the client does not formally accept the goods or services, the
services provided shall be deemed to have been transferred and accepted
no later than one week after our
notification of completion.
We accept no liability for complete or partial failure or in the
event of damage caused by the material or preliminary service provided.
If the client does not notify us in writing, giving full details,
of the precise use (type, place of use, extent of use, etc.) which he
intends to make of the goods or services
we have provided, we do not
accept liability for damage or any other consequences which may arise as
a result of the specific usage.
Items which are in a new box (NIB) with an original Siemens Seal
can also be used parts which were repaired from Siemens or products from
the
Siemens Sparepart-pool!
8.
Until the purchase price has been paid in full, along with all of
our claims arising from our contractual relationship with the client,
the delivered goods shall remain our
property.
If the client falls into arrears in respect of his payment
obligations or if he contravenes any of the requirements arising from
the agreed reservation of ownership, the entire
outstanding claim shall
be payable immediately. In any event, we are entitled to demand the
return of the items which are still our property, without terminating
the
contract, and to collect these from the client. The client has no
right to retain these goods under these circumstances.
9.
Any claims for damages against us shall be excluded, irrespective
of the legal grounds on which they are based. This also includes claims
made on the grounds of
breach of contract and/or conclusion of a
contract, but also in accordance with the provisions of the Product
Liability Act for damage to persons or property as a result of
a defect
in the goods. This applies unless we are found to be guilty of
deliberate intent or gross negligence, in which case the burden of proof
lies with the client. All
claims for compensation for consequential
damage, such as loss of output or profits, etc. are excluded in their
entirety.
All claims for damages and any appeals against us must be
enforced within six months, otherwise they will lapse.
10.
Information required in order to process the order and accounts
will be stored in our IT system, e.g. client’s name, address, order
and accounting information.
We will only use the stored data in
accordance with the statutory provisions.
11.
Unless otherwise specified in these conditions, the relevant
version of the software conditions issued by the Fachverband der
Elektro- und Elektroindustrie Österreichs
(FEEI) (Association
of Austrian Electrical and Electronics Industries) shall
apply to goods and services provided in the software sector.
12.
In the event of any disputes which may arise from this supply
contract, the sole place of jurisdiction shall be the competent court in
Wels 4600.
The place of fulfilment shall be Wels 4600.
The contractual relationship shall be governed exclusively by
Austrian law, with the exception of UN sales law which is excluded.
13.
SOFTwerk is entitled to adjust the agreed price (metal price surcharge)
for deliveries, based on the Increase or decrease of the purchase price
for Rare Earths.
For the actual
price of a product the metal price surcharge valid on the delivery is
applicable, independent of which metal price surcharge was valid at the
date of
submission binding
offer at
order date.
14.
Seminar Conditions
Registration: If you are interested in one of our courses, please
contact us: Phone +43 (0)7242 24040-0 / Fax +43 (0)7242 224040-100 /
mail:
office@SOFTwerk.at.
We will do our best to meet your requirements in respect of date and
content. We will send you
confirmation of the training you require.
Training Fees: The costs quoted are in Euro excl. VAT per participant
and includes all course documents, lunch, and also drinks and coffee
during the breaks.
We would be happy if we can
help
you with some hotel reservations if you want.
Cancellations: Should you
cancel a training session within 10 working days of the beginning of the
seminar, we will have to invoice you 25% of the seminar fees.
In the case of seminars that
are carried
out specially for your company we will have to invoice you 10% of the
fees for cancellation within 10
working days.
With fewer than 4 users we
reserve ourselves to shift or call the seminar off.
Copyright: All software that is provided during training, must not be
taken away, copied or made available to third parties.
SOFTwerk Professional
Automation GmbH is the sole owner of all rights. |