General Terms and Conditions of Business
1. Scope and Validity
All orders and agreements are only legally binding if they are confirmed in writing by the contractor and signed by the company and are only binding to the extent stated in the order confirmation. The customer’s terms and conditions of purchase are hereby excluded for the present legal transaction and the entire business relationship. A counter-offer referring to other general terms and conditions is rejected; in particular, performance actions of the main transaction are not to be regarded as consent to the general terms and conditions of the client. Offers are always subject to change.
2.1. The delivery is made at the expense and risk of the client unless the client pays a separately invoiced transport and insurance cost contribution for delivery free domicile.
2.2. Partial deliveries are possible.
2.3. With regard to packaging, the conditions stated in point 3.1 apply.
2.4 Complaints due to transport damage must be made by the client to the transport company and contractor immediately after receipt of the goods.
2.5 Storage measures that become necessary for reasons that lie with the client are at the client’s expense and are deemed delivery.
2.6 The place of execution for delivery and payment is the contractor’s place of business.
3.1 The prices quoted are exclusive of transport, packaging and, unless otherwise stated, do not include VAT. These costs will be charged to the client additionally.
3.2 The contractor is entitled to charge the list prices valid on the day of delivery. If the invoice price increases by more than 7% compared to the contract price, the client has the right to withdraw from the order without mutual claims for compensation.
4. Delivery Dates
The contractor endeavours to meet the agreed delivery dates as closely as possible. If the specified delivery date is exceeded by more than 30 days, the client is entitled to withdraw from the contract by registered letter after setting a further period of grace of at least 90 days. The contractor may withdraw from the contract if the delivery becomes impossible due to force majeure, labour disputes or other hindrances that are unavoidable by the contractor, such as transport interruptions or production stoppages. In both cases, the contractor is only obliged to refund received advance payments free of interest.
5.1 As far as possible, invoices will be issued immediately after delivery.
5.2 The invoices issued by the contractor, including value-added tax, are to be paid no later than 8 days from the date of invoice without any deductions and free of charges. For partial invoices, the terms of payment specified for the entire order apply analogously.
5.3 In the case of orders comprising several units, the contractor is entitled to invoice after delivery of each individual unit or service.
5.4 Meeting the agreed payment dates is an essential condition for the performance of the delivery or the fulfilment of the contract by the contractor. In the event of late payment, interest on arrears will be charged at the usual bank rate. If two instalments are not paid in time, the contractor is entitled to lose the delivery date and to demand payment of the accepted payments.
5.5 The client is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or complaints.
6. Right of Ownership
6.1. The delivered components and accessories remain the unrestricted property of the contractor until full payment (including interest and costs) has been made. For this time, the client must ensure proper maintenance (servicing and repair) at his own expense. Pledging or transfer by way of security before complete payment is excluded.
6.2. If the client does not properly fulfil his obligations under the contract, the contractor is entitled at any time to reclaim his property at the client’s expense and the client is obliged to hand it over.
7.1 Any warranty service requires a separate written agreement. A commitment for a guarantee on the part of the contractor is in any case bound to the conclusion of a service contract for maintenance and repair in accordance with the contractor’s conditions applicable to this. Such a maintenance contract constitutes a separate legal transaction.
7.2 Any guarantee granted by the contractor does not extend to those aggregates and parts which wear out as a result of their normal use and have to be replaced regularly.
7.3 Defects must be reported to the contractor in writing within the warranty period immediately after their occurrence.
7.4 Any agreed warranty will become void if repairs or modifications to the object of warranty are carried out by persons who do not belong to or are not authorised by the contractor’s technical service department or if the owner of the object of warranty changes.
7.5 Prerequisite for the claiming of the guarantee service is that the client has fully and completely fulfilled all obligations arising from the purchase contract, including all additional charges.
7.6 Warranty claims exceeding the agreed warranty service are excluded.
8. Warranty and Liability
8.1 In cases of statutory or agreed warranty, defects due to the nature of deliveries must be notified to the contractor in writing within 30 days of receipt of the goods at the place of delivery. In the event of a timely and justified notice of defects, the contractor shall, at his discretion, either remedy the defect-free of charge from his place of business, replace the defective goods free of charge or issue a credit note against the return of the defective goods or pieces. Other consequences of defects are excluded.
8.2 The contractor assumes no liability whatsoever or compensation for damage, loss of capital and interest caused by component faults and/or malfunctions, exceeding delivery times and delivery times for spare parts, except in cases of intent or gross negligence. The liability of the contractor for slight negligence as well as for consequential damages is excluded in any case.
8.3 Returns of complained goods require the express prior consent of the contractor and are made at the expense and risk of the client.
9. Software Services
All agreements concerning software services (organisation, programming and system software) are subject to the conditions of the contractor’s software contract and in any case, constitute separate legal transactions.
10. Preparation of the Installation Site
The client must provide a room with a power supply in accordance with the contractor’s specifications at his own expense in good time before delivery of the item. Upon request, the contractor shall assist the client by providing expert advice against reimbursement of costs to prepare the installation site in a flawless manner. Furthermore, the client must also check the suitability of the transport routes from the entrance to the building to the installation site and, if necessary, make them at his own expense. The installation and storage conditions must be observed.
11. Newsletter/Data Protection
If you have subscribed to our newsletter or have already ordered from us, we will store and use the data you provided during registration/order for the purpose of our own advertising by e-mail. Your e-mail address and other data provided during newsletter registration/order will not be passed on to other companies.
Since March 1, 2006, the new Telecommunications Act has been in force, according to which the sending of advertising e-mails is only permitted after approval and provided that the recipient has the opportunity to refuse to receive further messages. You have agreed to receive mailings from Solo IT and can unsubscribe from receiving the newsletter at any time.
12. Final Clauses
Unless otherwise agreed, the legal provisions applicable between entrepreneurs shall apply. The exclusive place of jurisdiction is the court in 1010 Vienna, which is competent for the respective subject matter. Austrian law is applicable to this contract – with the exception of the conflict-of-law rules of reference. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall only apply to the extent that the Consumer Protection Act does not necessarily provide for other provisions.
Vienna, on 12.04.2011