General terms and conditions
Krickl Waagen Systems GmbH
Last updated 2012
The deliveries, services and offers of our company are made exclusively on the basis of our terms and conditions. Conflicting or deviating from our terms and conditions of the customer, we do not accept, unless we have expressly agreed to their validity in writing. In this respect, performance of our performance on the part of the contract shall not be deemed approval of terms and conditions deviating from our terms and conditions. These terms and conditions apply as a framework agreement also for all further legal transactions between the contracting parties.
II. Conclusion of the contract
A contract offer of a customer requires a written order confirmation. Sending the goods ordered by the customer also causes the conclusion of the contract. If offers are addressed to us, the offeror is bound to it for a reasonable period of at least 8 days from receipt of the offer.
All prices quoted by us are, unless expressly stated, exclusive of VAT. All offers, unless explicitly stated, are valid for three months from the date of issue. Should wage costs change on the basis of collective agreements in the industry or in-house contracts, or should other cost centers that are relevant for the calculation, or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc., change entitled to increase or decrease the prices accordingly. Our offers are always non-binding and subject to change.
IV. Terms of payment, default interest
Discount deductions require a separate agreement. Only written agreements are valid. Unjustified discount deductions are invariably claimed. In the event of default in payment, including partial payments, any cash discount agreements shall cease to apply. Payments by the customer are deemed to have been made on receipt of our business account.
In the event of default of payment by the customer, we are entitled, at our option, to claim compensation for the damage actually incurred or default interest at the statutory rate. Our company is entitled, in the case of default of payment of the customer, from the date of delivery of the goods to demand compound interest.
In case of default of acceptance (Item VII.) Or other important reasons, such as in particular bankruptcy of the customer, or bankruptcy for lack of assets, as well as default of payment of the customer, we are entitled to withdraw from the contract, if it is not fully met by both sides. In the event of resignation, we have the option, in the event of fault by the customer, to demand a lump-sum compensation in the amount of 15% of the gross invoice amount, or the replacement of the damage actually incurred. In the event of default of payment by the customer, we shall be released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and to demand advance payments or seizures, 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 if he desires its cancellation, we shall have the choice of fulfilling the contract
Contract, or to agree to the cancellation of the contract. In the latter case, the customer is obliged, at our discretion, to pay a lump-sum compensation amounting to 15% of the gross invoice amount or the damage actually incurred.
In the case of distance contracts (§§ 5a ff Consumer Protection Act), the customer may withdraw from the contract within seven working days, whereby Saturdays do not count as working days. The period begins on the day the goods arrive at the customer or, in the case of services, on the day the contract is concluded. It is sufficient to send the resignation within this period. If the customer withdraws from the contract in accordance with this provision, he shall bear the costs of returning the goods. The returned goods must be returned to us in perfect, resalable condition. The transport risk is borne by the customer. If the goods do not arrive in the previously described condition (for example visually unsightly, partially or completely defective), we are entitled to charge for the damage incurred. In addition, if a loan has been concluded for the contract, it must bear the costs of the required certification of signatures, as well as the levies (fees) for granting the loan. For services, the execution of which is commenced within seven working days from the conclusion of the contract, a withdrawal is not possible.
VI. Dunning and collection charges
The contracting party (customer) undertakes in the event of default to replace the dunning and collection charges incurred by the creditor, insofar as they are necessary for appropriate prosecution, whereby he undertakes in particular to replace the compensation of the employed collection agency, which arising from the Ordinance of the BMwA on the maximum rates of debt collection institutions. If the creditor operates the dunning process himself, the debtor agrees to pay an amount of EUR 10.90 per reminder and an amount of EUR 3.63 per half year for keeping the debt in the dunning process.
VII. Delivery, transport, acceptance delay
Our prices do not include delivery, installation or installation costs. The installation, cable routing and power supply must be carried out by a specialist body shop or manufactured and is not included. Upon request, these services are organized by us for separate payment or assigned to external companies.
For transportation or delivery, the actual costs incurred, including a reasonable directing surcharge, but at least the applicable or usual on the day of delivery and freight
Fuhrlöhne the selected mode of transport billed.
Services provided by us are calculated according to the time required (arrival / departure + service time). The service is performed on weekdays between 07.30 and 16.30. For services ordered outside this time, we charge a surcharge of 100%.
If the customer has not accepted the goods as agreed (default of acceptance), we are entitled after unsuccessful grace period either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day started, or at the expense and risk of the customer at an authorized company. At the same time, we are entitled either to insist on fulfillment of the contract or to withdraw from the contract after setting an appropriate period of grace of at least two weeks and to otherwise utilize the goods.
VIII. Delivery time
We are only obligated to perform the service as soon as the customer has fulfilled all his obligations, which are necessary for execution, and in particular has fulfilled all technical and contractual details, preliminary work and preparatory measures.
We are entitled to exceed the agreed deadlines and delivery times by up to one week. Only then can the customer withdraw from the contract after the expiry of a reasonable period of grace provided the goods have not been delivered within this period.
IX. Place of fulfillment
Place of fulfillment is the seat of our company.
X. Minor performance changes
Minor or other reasonable changes to our performance or delivery obligations, which are reasonable for our customers, shall be deemed approved in advance.
XI. CE conformity assessment of KWS balances
KWS balances are delivered without CE conformity assessment (not calibrated) and not calibrated. The optional and chargeable CE conformity assessment procedure (vulgo initial verification) of the weighing system can and may be carried out by KWS GmbH in accordance with a written order. The calibrated weights and necessary lifting equipment including support pads must be provided by the customer. The vehicle or the device must be structurally in a ready to ship condition. The customer bears the risk of a CE conformity violation, which may be caused by subsequent (after the CE conformity assessment) work on the vehicle or the equipment.
The user of the balance assumes the responsibility as well as rights and obligations arising from the use of our weighing system. It ensures that the scale supplied by us, as long as its CE conformity has not been established, is not used for legal transactions.
In the case of any legal disputes between the authority / court and third parties resulting from non-performance of the CE conformity assessment or recalibration, the company that performed the transfer to the user bears all costs incurred by KWS arising from this procedure. It also undertakes to keep the company KWS GmbH harmless and harmless in this regard.
XII. Warranty, guarantee and damages
All claims for damages by the client or end customer are excluded in cases of slight negligence. The victim has to prove the existence of slight or gross negligence. The limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in or otherwise agreed in these Terms and Conditions shall also apply if the claim for damages is asserted in addition to or instead of a warranty or warranty claim.
Before connecting or transporting computer-aided technical products or before installing computer programs, the customer is obliged to adequately secure the existing data stock on the computer system, otherwise he will be responsible for lost data and all related damage.
The warranty for products produced by KWS is 12 months after invoicing. A repair does not extend the warranty period. No warranty is granted for products not produced by KWS (merchandise), the warranty is one year from the date of invoice and is not extended by repair.
XIII. product liability
Claims for recourse in the sense of § 12 Product Liability Act are excluded, unless the person entitled to recourse proves that the mistake was caused in our sphere and was at least caused by gross negligence.
XIV. Retention of title and its assertion
All goods are delivered under retention of title and remain our property until full payment. In the assertion of the reservation of title is only a resignation from the contract, if this is expressly stated in writing. With return of goods we are entitled to charge incurred transport and handling charges. The returned goods are to be sent to us in perfect, resalable condition. The transport risk is borne by the customer. If the goods do not arrive in the condition described above (for example, visually unsightly, partially or completely defective) we are entitled to charge the damage incurred to us. In the case of access by third parties to the reserved goods - in particular through seizures - the customer undertakes to point out our ownership and to inform us immediately. If the customer is not an entrepreneur, to whose proper business the trade with the goods acquired by us belongs, he may not dispose of the reserved purchase commodity until complete settlement of the open purchase price, in particular not sell, pledge, give or lend. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
XV. assignment of claims
If delivered under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims on account of payment. The customer has to call us on request his customers and to inform them in time of the assignment. The assignment is to be entered in the books of business, in particular in the open item list, and to be made apparent to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, then the sales proceeds received from him are to be segregated and the customer has these only in our name. Any claims against an insurer are within the limits of § 15
Insurance contract law already assigned to us. Claims against us may not be assigned without our express consent.
XVI. Choice of law, jurisdiction
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract and negotiation language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a customer business, the competent court at the registered office of our company is exclusively responsible locally for the resolution of all disputes arising from this contract. As locally competent court BG Stockerau, at least the objectively competent court in the district of Korneuburg is agreed.
XVII. Privacy, change of address and copyright
The customer grants his consent that the personal data contained in the purchase contract will be automatically stored and processed by us in fulfillment of this contract. The customer is obliged to notify us of any changes in his residential or business address, as long as the contractual transaction is not completely fulfilled by both parties. If the communication is omitted, explanations shall also be deemed to have been received