Terms of Service of RAGGALUX GmbH
1. Scope and contracting party
The general terms and conditions (short terms and conditions) apply to all contracts, deliveries and other services of the company RAGGALUX GmbH (short contractor) and the customer (client). It applies to all transactions where the order is made by phone or in writing. The client acknowledges the terms and conditions by placing an order or by accepting the order confirmation, as well as by accepting the delivery as binding. An only formal contradiction of the client – especially in its terms and conditions – is expressly irrelevant. Thus, the client submits to the validity of these terms and conditions. Changes or additions are only valid if they have been agreed in writing between the parties. The general terms and conditions apply in their version valid at the time of the respective contract conclusion.
Place of fulfillment
The place of performance for all payments and deliveries is Raggal. The place of jurisdiction for all disputes arising in connection with the assignment and its execution is the court having jurisdiction for Raggal. The contractor is entitled to sue the client at another place of jurisdiction. For all disputes, the application of Austrian law is agreed. Furthermore, the contractor is entitled to waive the application of Austrian law. In this case, it is agreed that the law of the country in which the client has his registered office applies. The contract, order and business language is exclusively German.
2. Quotations, offers
Our offers are always non-binding until the written order confirmation; this with the proviso that before the order confirmation the (purchase) contract is considered not closed. We are entitled to reject it in writing no later than 8 days after receipt of the order, without giving reasons. The content of our confirmation of contract, should it deviate from the order, shall be deemed agreed if the client has not objected in writing within one week after receipt. If the contractor subsequently ascertains that the information in the offer was faulty, the client can expressly confirm the order in writing under the valid conditions. Otherwise, the contractor is entitled to withdraw from the contract immediately if an acceptance of the contract has already taken place. All information in our catalogs, price lists and drawings as well as weight and dimensions are carefully prepared. Nevertheless, errors, design and dimensional changes are not excluded. For this RAGGALUX GmbH assumes no liability.
3. Delivery date, shipping and acceptance delay
Delivery times specified by the contractor as well as any agreed delivery dates are always non-binding. The delivery dates stated in the order confirmation are provisional and apply ex works. All deliveries are made at the risk of the client (damage, destruction, loss … etc.). Any damages or losses shall be recorded and certified by the consignee and reported in writing to the contractor within a period of 2 days after delivery of the delivery. Advance deliveries or deliveries of part of the order quantities are permissible, unless the client has excluded this by written agreement. Goods ready for dispatch must be called up immediately, otherwise the contractor is entitled, after 14 days from the notification of readiness for dispatch, to store the goods at the risk and expense of the customer at its own discretion and to invoice them as “ex works”. In particular, the delivery periods are extended even in the event of unforeseen obstacles, whether they occur in our factory or at our subcontractors, e.g. Breakdowns, strike, lockout, disruption of transport, force majeure, etc. Claims for damages due to late deliveries can not be asserted. The client waives all claims as a result of late delivery by the contractor, in particular claims for damages. If the goods are not accepted, we are entitled to store them for reimbursement. The purchase price is due after expiry of the pickup fee.
Unless otherwise agreed, the prices are ex works and are generally non-binding. The final calculation is based on the discounts valid or agreed on the day of delivery. The calculations of the offer are only valid when ordering the entire offered goods or quantity. In the case of deliveries against foreign currencies, we are in any case entitled to exercise the option on the due date in such a way that we demand the demand of our choice in euros or in the originally used foreign currency. To the offered prices is still the statutory value added tax in the applicable amount.
5. Terms of payment
The general terms of payment are 30 days net cash, unless otherwise stated on the invoice. We are not obliged to accept bills of exchange or checks. If a client defaults on its payment obligations, the contractor may demand damages (reminder fees, default interest) in accordance with the statutory provisions and / or withdraw from the contract. Before full payment of due invoice amounts including default interest, other charges and costs, we are not obliged to any further delivery from any current contract. It is up to the contractor to decide whether further deliveries for orders will be made in advance. In case of default with a due payment, all other outstanding claims will become due immediately. The client may neither withhold payments nor compensate with its own counterclaims. The discount is granted only in the event that we do not have to claim the agreed purchase price in court (lawsuit, execution, etc.). If the collection of payment remains unsuccessful after the ordinary dunning procedure, a collection agency will be charged with the debt collection. All costs incurred by the collection agency are borne by the defaulting client. The client is hereby expressly advised that in the event of default of payment by the client, the name (including former names), gender, address, occupation and outstanding balance and the dunning data to the commercial register and to the entitled to make claims Collection agencies are transmitted.
7. Retention of title
The delivered goods remain the property of the contractor until the fulfillment of all claims – including all ancillary charges (interest, kosems, etc.). The client may only resell the goods owned by the contractor in the ordinary course of business and only with retention of ownership in favor of the contractor towards his customers. If a residual debt is not paid immediately, the contractor is entitled to demand the immediate surrender of his goods to the exclusion of any right of retention. All costs resulting from the repossession of the goods shall be borne by the customer.
9. Complaints, warranty and damages
The client is obliged to immediately check and report any defects. Complaints of a general nature must be submitted in writing within 3 days of receipt of the goods. Any subsequent notice of defects leads to the loss of all claims, in particular from the title of the warranty and the damages. The client must always prove that the defect was already present at the time of transfer. Insofar as defects exist, the customer is entitled to the statutory warranty rights. The offending articles are to be sent to us free of charge for examination. In the case of legitimate complaints, the contractor may, at his discretion, deliver new, contractual goods, repair or repair the defective product or accept a reasonable reduction in the purchase price. The contractor can refuse to remedy defects as long as the client fails to meet his obligations to the legal extent. The right of the client to assert claims due to defects becomes statute-barred one month after written rejection of the defects by the contractor. Further claims of the customer, in particular conversion as well as claim for compensation of damages, which did not originate from the delivery item itself, are excluded as far as legally permissible. Changes or repairs to the delivered goods are only permitted with the written consent of the contractor, otherwise the warranty expires.
The contractor is liable for damages outside the scope of application only if intent or gross negligence can be proven within the scope of the statutory provisions. The liability for slight negligence is excluded, as well as the replacement of consequential and pecuniary damage, unrealized savings, interest losses and damages from claims of third parties against the client. The contractor is liable within the scope of the Product Liability Act for personal injury as well as property damage suffered by a consumer. Failure to comply with any conditions for installation, commissioning and use (as contained in operating instructions, for example) or the regulatory conditions of admission shall exclude any compensation for damages. The limitations of liability shall be fully transferred to any customers, with the obligation to further transfer.
11. Industrial Property Rights and Copyrights
If a product is manufactured by the contractor on the basis of design information, drawings, models or other specifications of the contractor, the customer shall indemnify and hold it harmless in the event of any infringement of property rights. Execution documents such. B. Plans, sketches and other technical documents remain as well as samples, catalogs, brochures, illustrations u. Like. Always intellectual property of the contractor and are subject to the relevant legal provisions regarding duplication, imitation, competition, etc. Plans, sketches and other documents left to the client remain the property of the author and are to be postponed on request. They may not be shared.
12. Right of withdrawal of the client
The client can only, if he is a consumer within the meaning of the Consumer Protection Act, withdraw until the conclusion of the contract or thereafter within 1 week from the execution of the terms and conditions. However, this does not apply if he has initiated the business relationship himself or if the conclusion of the contract was preceded by no discussions. Any other withdrawal is only possible under special conditions and with the written consent of the contractor. For damage claims of the client, which are based on the defectiveness of the thing itself (compensation claims for consequential damages are expressly excluded), § 1298 ABGB is abolished.
13. Written form
The client has to announce changes to his delivery / invoice / contact address as well as his personal data (eg name change), which he has indicated to the contractor in the course of his order, as long as the contractual transaction is not mutually fulfilled. If this notification is omitted by the client, declarations and documents shall be deemed to have been received even if they have been sent to his last known address / data.
Personal data of the client are only processed and stored to the extent that this is necessary in the context of the business relationship for the purpose of communication. These data will not be passed on to third parties without the consent of the client unless this is absolutely necessary for the fulfillment of the contract. If legal obligations exist, the data of the client will also be forwarded to public authorities and institutions (eg tax authorities, insurance companies, etc.). At the request of the client, it is communicated whether and which personal data has been stored. The customer has the right to information, correction, deletion, restriction, data portability, revocation and opposition of stored data (within the framework of data protection law).
Insofar as no special agreements have been made by these terms of payment and delivery, the provisions of the ABGB and the HGB shall apply. If these terms of payment and delivery in individual points contradict the statutory provisions, the remaining agreements shall be deemed to be continuing. The ineffective provision shall be replaced by an effective one, which enables the economic purpose pursued with it. Should one or more clauses of the GTC be or become invalid, then the provision comes closest to the sense.