We are human, honest, fair and reliable and expect the same from you. We think we are making in this store transactions from person to person and if we as such conduct ourselves well, we will always find a mutually satisfactory solution. Do we need to shops among men actually more than this statement? Yes, because you as a customer to know on what basis we conduct our business. Moreover, where people act happen error. Therefore, it makes sense to agree legally binding guidelines.
These terms and conditions apply to all our deliveries of goods and - accordingly - for the provision of services by us at a distance, and in retail stores, even if these deliveries or services performed without the use or express reference to these General Terms and Conditions. With the order (or at the latest upon acceptance) recognizes the goods or services the customer these terms and conditions. Changes or additional agreements by persons authorized to represent our company and are valid for the individual business case. Our other staff are not authorized to agree amendments or collateral agreements to these General Terms and Conditions. Deviating conditions of the customer are expressly rejected. You do not obligate us if we do not contradict them again after their receipt. Our goods and services at a distance, we offer only legally competent customers with seat or domicile in Austria and its immediately adjacent neighboring EU countries. If a product of which we are not responsible for not be available within four weeks, we reserve the right to withdraw from the contract. The contract, all other information customer services, data information and complaint handling are offered generally in German. Business will be the registered location.
2.1. terms of payment
Unless otherwise agreed in writing to pay our receivables train to train against delivery of the goods / provision of the service. A discount is recognized only within the framework and on the basis of a corresponding agreement.
The payment must be carried out only as a time when the amount arrived at maturity or our account has been credited.
2.2. late payment interest
Even if payments are late the purchaser / work we are entitled to charge default interest in the amount of 10% above the base rate each year; hereby claims are not affected to spare proven higher interest rates.
If made in writing to our invoice within 2 weeks of no reasonable objection, they shall likewise be considered approved. The customer agrees that he receives invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format.
Will have expressly authorized to make partial invoices, unless the services are provided in parts.
Prices quoted are per day and valid is the day the order specified sales price. All prices are - unless otherwise indicated - as cash prices including VAT. The costs associated with the shipping costs are not included (see item 3.3.) In the prices. In case of obvious errors we reserve the right to charge the correct price. Payment is due upon pickup in a bar. The adjustment shall be made in euros.
The goods are shipped to your specified delivery address with forwarding, courier or postal service. We are entitled to a reasonable extent, to make partial deliveries. By prior arrangement, a collection of the goods is possible.
3.1. Delivery time
Delivery is in overlapping goods normally within five working days, but within the statutory 30 days deadline. (Unless contractually agreed otherwise.)
3.2. Acceptance delay
our contractual partner is in default of acceptance, we are entitled to either store the goods for us, for which we charge a storage fee of ¤ 2, - filters per calendar day and simultaneously insist on fulfillment of the contract or after setting an appropriate respite from the contract and the goods otherwise exploited.
The weight-dependent shipping costs are displayed in the order completion.
4. Transfer of Risk
Our prices do not include costs for delivery, assembly or installation. These benefits are however provided by us on request for extra cost. Unless otherwise expressly agreement bears the risk of transportation of supplies contract partner.
5. Warranty and Guarantee
5.1. Warranty and liability
For justified complaints of defects within the statutory warranty period and the statutory requirements of our choice is done free improvement or subsequent completion of omitted or replacement within a reasonable period. Excluded is the liability for consequential damages, other indirect damage and losses or lost profits due to defective, of non- or late delivery. Liability for personal injury and possible compensation claims from the Product Liability Act are not limited by the foregoing provisions. Deficiencies are - with no need for the customer, the consumer in terms of the Consumer Protection Act, would be associated with follow omission adverse legal - to announce possible at delivery or after becoming visible. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, he has to check the goods delivered or the service provided immediately upon receipt for completeness, correctness and other faultlessness. Any defects must be reported immediately, but no later than five working days after receipt of the goods or service, all from him recognizable during routine inspection deficiencies rightful claims to be reported in writing with other losses.
All devices and machines are to process a warranty, the provisions of the manufacturer to be used. In these cases (warranty), the warranty processing is not carried out directly between the manufacturer and the customer, and through us. If the warranty processing performed by us (if no warranty is present) the offending components, machines or equipment are returned to the manufacturer and replaced after settlement of the case by the manufacturer, if the complaint is accepted by the manufacturer. In terms of services to our customers, we reserve the right to replace the reclaimed components, machinery or equipment to shorten the settlement itself, however, a legal claim of the customer to this approach is not. Are we products passed with an alleged defect for repair under warranty, the test of these products but gives a proper function, we are entitled to the incurred cost of test, currently a test package in the amount of 15 ¤ incl. Tax, to invoice.
For questions about warranty and repair orders, you can contact the following email address: firstname.lastname@example.org
5.2.1. Warranty Festool and Mafell machines
When buying a Festool or Mafell machine, the customer agrees that his machine warranty is registered.
5.3. Recourse acc. § 933b ABGB
The recourse acc. § 933b ABGB is excluded.
6. Retention of title
The ordered goods remain our property until full payment. Before complete payment of our debt, you are prohibited to pledge the goods, to assign them as security or to grant third parties other rights thereto. Enforcement measures and other our legal position affecting third party access to the afflicted our retention of title must notify us immediately by the customer. You have to oppose such measures having regard to our Vorbehaltungseigentum immediately.
Fulfillment is for both our performance and the consideration given, Wimmer Maschinenhandel GmbH, Hallein country route 47, 5411 Oberalm, Austria.
8. Unilateral power changes
Objectively justified and reasonable changes to our performance or delivery obligations, without limitation, reasonable delivery time or short-term payment deadline overruns are considered firm as approved in advance.
Objectively justified and minor changes that do not affect the price, can on our part to be made. This is especially true for such delays in delivery. We will then, when the actual time limit is exceeded can be estimated, but not later than one week before the originally agreed delivery date, announce how long to expect a delay.
Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Compensation claims expire in 3 months after knowledge of damage and damaging party, at any rate in 4 years after the service or delivery.
10. Product Liability
Any claims for recourse, the parties or third parties under the title "product liability" as defined asserted against us judge, are excluded, unless the claimant proves that the error was caused in our sphere and has been at least gross negligence.
Offsetting against our claims with counterclaims of any kind whatsoever is excluded.
12. Denial of Service bans and withholding prohibition
Justified complaints shall not entitle to the restraint of the whole, but merely an adequate part of the invoice amount.
13. Applicable law
This contract Austrian substantive law is applicable, the applicability of the CISG is excluded.
For any disputes arising from this contract has jurisdiction at the seat of our company competent court. We have the right to sue at the general jurisdiction of the contractor. Our Commercial Register: 68664b LG Salzburg. Our tax ID: ATU 347 012 03.
For all against a consumer of domestically his domicile, habitual residence or place of occupation, for disputes arising from this contract actions brought one of those courts has jurisdiction in whose district the consumer's domicile, habitual residence or place of employment. For consumers who are not resident in Austria at the time the contract was concluded, the legal courts of jurisdiction apply.
15. Arbitration agreement - Arbitration
15.1. Domestic Arbitration
All disputes arising from the present contract shall be finally settled by the Permanent Court of Arbitration Chamber of Commerce in ... according to the rules applicable to the same rules of arbitration of a sole arbitrator / arbitral tribunal (delete as appropriate).
15.2. International Arbitration in the WKÖ
All disputes arising out of this Agreement or related to its violation, termination or invalidity are, according to the Arbitration and Conciliation of the International Arbitral Centre of the Austria Federal Economic Chamber in Vienna (Vienna Rules) by one or more in accordance with these rules arbitrators appointed ,
15.3. ODR platform
The European Commission will soon be a platform for online dispute resolution (OS) ready.
According to REGULATION (EU) no. 524/2013, here is the link to the ODR platform
The contents of this web site are freely available and are for information only. It come from the use of options the web site any transactions between the owner and the users to pass. Further action between providers and users and the possible future conclusion of contracts between providers and users are in the sole discretion of the user.
17. Copyright / Disclaimer
With regard to the technical characteristics of the Internet can not guarantee the authenticity, accuracy and completeness of the information made available on the Internet are applied. There is also no guarantee for the availability or operation of this website and its content. Any liability for direct, indirect or other damages, regardless of cause, arising from the use or unavailability of data and information on this website, to the extent legally permissible. The content of this website is protected by copyright. The information is intended only for personal use. Any other use, including storing in databases, copying and every form of commercial use, and disclosure to third parties - in parts or in revised form - without the site owner consent is prohibited.
18. Liability for Links
This web site contains links to external websites, over which we have no control. Therefore we can not accept any responsibility for their content. The provider or operator is always responsible for the content of linked pages. The linked sites were checked at the time of linking for possible legal violations. Illegal contents were at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will immediately remove such links.
At us looking statements, advertisements, etc. - except defect reports - shall not be legally effective unless in writing, bearing the original signature or secure electronic signature.
The cost estimate is to the best of knowledge, but it can not guarantee the accuracy be taken. Should there be after placing the order cost estimate is exceeded by more than 15%, the Contractor will inform the Client forthwith.
If it is inevitable cost overruns to 15% a separate notification is not required and can be billed for these additional costs readily.
Unless otherwise agreed, changes or additional orders can be made at reasonable prices charged.
Estimates are for consideration. A payment made for an estimate of costs will be credited if the basis of this cost estimate an order is placed.
© 2014 Wimmer Maschinenhandel GmbH,
Phone: +43 (0) 6245 83179
Fax: +43 (0) 6245 83179 76