Last updated 2012
The deliveries, services and offers of our company are based exclusively on our terms and conditions. We do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our conditions. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.
II. Conclusion of the contract
A contract offer by a customer requires a written order confirmation. Sending the goods ordered by the customer also concludes the contract. If offers are sent to us, the offerer is bound to a reasonable, but at least 8-day period from receipt of the offer.
Unless expressly stated, all prices quoted by us are exclusive of sales tax. All offers, unless otherwise noted, are valid for three months from the date of issue. If the wage costs should change due to collective bargaining agreements in the industry or in-house agreements, or should other cost centers relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc. change, then we are entitled to increase or decrease prices accordingly. Our offers are always non-binding and subject to change.
IV. Terms of payment, default interest
Only written agreements are valid. Unjustified discounts will be requested. Discount deductions require a separate agreement. In the event of default in payment, including partial payments, any discount agreements become invalid. Payments by the customer are only deemed to have been made when they are received on our business account.
In the event of default in payment by the customer, we are entitled to charge a processing fee as well as default interest in a reasonable amount. In the event of default in payment by the customer, our company is entitled to demand compound interest from the day the goods are handed over.
V. Withdrawal from the contract
In the event of default of acceptance (Section VII.) Or other important reasons, such as in particular bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as default of payment by the customer, we are entitled to withdraw from the contract, provided that it has not yet been fully fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of claiming lump-sum damages in the amount of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default in payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to request advance payments or securities, or to withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, we have the choice of fulfilling the
To exist or to agree to the cancellation of the contract. In the latter case, the customer is obliged, at our option, to pay flat-rate compensation of 15% of the gross invoice amount or the damage actually incurred.
In the case of long-distance contracts (§§ 5a ff Consumer Protection Act), the customer can withdraw from the contract within seven working days, with Saturdays not counting as working days. The period begins on the day the goods are received by the customer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the customer withdraws from the contract in accordance with this provision, he has to bear the costs of returning the goods. The returned goods are to be returned to us in perfect condition. The resale must be given. The customer bears the transport risk. If the goods do not reach us in the condition described above (e.g. visually unsightly, partially or completely defective), we are entitled to claim the damage we have incurred. If a loan has been concluded for the contract, he must also bear the costs of the required certification of signatures, as well as the fees (fees) for granting the loan. Withdrawal from the contract is not possible in the case of services which, as agreed, start to be performed within seven working days of the conclusion of the contract.
VI. Reminder and collection charges
In the event of default, the contracting party (customer) undertakes to reimburse the obligee for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the collection agency involved result from the ordinance of the BMwA on the maximum rates of the collection agencies due remuneration. If the obligee carries out the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 every six months for keeping the debt in the dunning process on record.
VII. Delivery, transport, default in acceptance
Our sales prices do not include costs for delivery, assembly or installation. The assembly, cable routing and power supply must be carried out or produced by a body / body shop and is not included in the scope of delivery. Upon request, these services can be organized by us for a separate payment or outsourced to external companies or, depending on feasibility, carried out ourselves.
For transport or delivery, the costs actually incurred, including a reasonable surcharge for directors' costs, but at least the freight and freight charges that are applicable or customary on the day of delivery are charged
Carriage wages for the selected mode of transport will be invoiced.
Services provided by us are calculated according to the time required (arrival / departure + service time). The service is carried out on weekdays between 7.30 a.m. and 4.30 p.m. For services commissioned outside of this time, we charge a surcharge of 100%.
If the customer has not accepted the goods as agreed (default in acceptance), after an unsuccessful grace period, we are entitled to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount for each calendar day commenced, or at the expense and risk of the customer at an authorized company. At the same time, we are entitled to either insist on the fulfillment of the contract or, after setting an appropriate one, at least two
To withdraw from the contract over a period of weeks and use the goods elsewhere.
We deliver our goods by means of a forwarding agency or parcel service. The confirmed delivery times or delivery dates are therefore the date on which the goods leave our company. We are not liable for delays or incorrect deliveries caused by transport.
VIII. Delivery time
We are only obliged to perform the service if the customer has fulfilled all of his obligations that are necessary for the execution, in particular all technical and contractual details, preliminary work and preparatory measures.
We are entitled to exceed the agreed dates and delivery deadlines by up to one week. Only then can the customer withdraw from the contract after a reasonable grace period has expired if the goods have not been delivered within this period.
IX. Place of fulfillment
The place of performance is the seat of our company.
X. Minor changes in services
Minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed approved in advance.
XI. EU conformity assessment of KWS scales
KWS scales are delivered in individual parts and have therefore not yet been assessed for conformity (EU conformity assessment procedure), adjusted or calibrated. The optional and chargeable EU conformity assessment procedure (commonly known as initial calibration) of the weighing system can and may be carried out by KWS GmbH after a written order. The calibrated weights and the necessary lifting equipment including support aids must be provided by the customer. The vehicle or the facility must be structurally ready for delivery and it must be possible to safely apply calibrated weights. The customer bears the risk of a breach of EU conformity, which can result from subsequent work on the vehicle or the facility.
The user of the scale assumes the responsibility as well as rights and obligations that arise from the use of our weighing system. He ensures that the scales delivered by us are not used for legal transactions as long as their EU conformity has not been established.
In the event of any legal disputes between the authority / court and third parties that arise due to the failure of the EU conformity assessment or subsequent verification, the company that carried out the handover to the user bears all costs that KWS incurs from this procedure. It also undertakes to hold KWS GmbH harmless and harmless in this regard.
XII. Warranty, guarantee and compensation
The warranty for products manufactured by KWS is 12 months from the date of the invoice. The conclusion of a separate warranty service or warranty extension can only be accepted in writing and requires an individual agreement. A repair does not extend the guarantee or warranty period. All claims for damages and any associated follow-up costs are excluded if a warranty or guarantee is claimed, and regardless of it, unless the injured party can document and independently prove gross negligence. The limitation period for claims for damages is three years from the transfer of risk. In principle, we are not liable for damage caused by the use of our products and systems. Warranty, as well as existing warranty service in the event of a separate agreement, can only be used for products and not for services of our company.
No warranty or guarantee can be given for products not produced by KWS (merchandise); the conditions of our suppliers or manufacturers apply here.
Before connecting or transporting IT-technical products or before installing computer programs, the customer is obliged to sufficiently back up the data already available on the computer system, otherwise he is responsible for lost data and for all associated damage.
XIII. Product liability
Recourse claims within the meaning of Section 12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least grossly negligent.
XIV. Retention of title and its enforcement
All goods are delivered by us under reservation of title and remain our property until full payment has been made. In the assertion of the reservation of title, a withdrawal from the contract only exists if this is expressly declared in writing. When taking back goods, we are entitled to charge any transport and manipulation expenses incurred. Returned goods are to be sent to us in perfect, resellable condition. The customer bears the transport risk. If the goods are not received by us in the condition described above (e.g. visually unsightly, partially or completely defective), we are entitled to offset the damage we have incurred. If third parties access the goods subject to retention of title - in particular through seizure - the customer undertakes to point out our ownership and to notify us immediately. If the customer is not an entrepreneur whose ordinary business operations include trading in the goods purchased by us, he may not dispose of the goods subject to retention of title until the outstanding purchase price claim has been paid in full, in particular not sell, pledge, give away or lend them. The customer bears the risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
XV. Assignment of claims
In the case of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The assignment must be entered in the business books, in particular in the list of open items, and made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer only has them in our name. Any claims against an insurer are within the limits of § 15
Insurance Contract Act already assigned to us. Claims against us may not be assigned without our express consent.
XVI. Choice of law, place of jurisdiction
Austrian law applies. The applicability of the UN sales law is expressly excluded. The contract and negotiation language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a customer transaction, the competent court at the seat of our company has exclusive local jurisdiction to resolve all disputes arising from this contract. The locally competent court is agreed to be the BG Stockerau, in any case the competent court in the district of the LG Korneuburg.
XVII. Data protection, change of address and copyright
The customer gives his consent that the personal data contained in the purchase contract will also be stored and processed by us in an automated manner in fulfillment of this contract. The customer is obliged to notify us of any changes to his residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last known address. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation of any kind.