Regensburger Handels GmbH
represented by: Serafin Regensburger
6542 Pfunds / Tyrol, Austria
UID: ATU 52031304
Commercial register no.: 206900s
Innsbruck regional court
These conditions apply from 01.12.2021
§ 1 Scope and conclusion of contract
(1) These terms and conditions apply to all our deliveries of goods. The customer acknowledges these conditions with his order. Amendments or collateral agreements to these terms and conditions require our written confirmation in order to be valid and apply only to the individual business case. Deviating contractual conditions of the customer are expressly contradicted.
(2) Our offers are subject to change in their entirety; this means that the customer’s order shall only become binding upon our order confirmation or upon our delivery.
(3) We offer our customers the following services prior to conclusion of the contract:
– non-binding, personal consultation on site,
– Planning on the computer using 3D software,
– Presentation of planning and furnishing options.
(4) We reserve the right to make changes to the availability of goods, changes to the products due to further technical development, model changes and any printing errors in our catalog (can be downloaded from our homepage at www.schiraum.at). On our homepage the availability of goods can be inquired online by means of a contact form.
§ 2 Delivery and assembly
(1) We always deliver and assemble the goods ourselves. Only exceptionally, the home delivery is carried out by a forwarding agent contracted by us and the assembly is carried out by subcontractors of ours.
(2) Our customers have to inform us before delivery about possible existing obstacles for a problem-free access to the house. The customer must ensure that his premises are prepared for assembly on the agreed delivery date. In the event of more difficult conditions, any additional costs incurred will be invoiced separately.
(3) The SuperDRY system for heating must be connected to the hot water circuit of the heating system by an installer chosen by the customer.
(4) The delivery time and the delivery date are agreed with our customers. Since we always deliver and assemble ourselves and since our goods are manufactured periodically and order-related, the agreed delivery time and the agreed delivery date are to be regarded as a guideline, which, however, can be met in the majority of cases. We try to prevent exceeding deadlines and time limits to the greatest extent possible by means of a proven delivery date monitoring system. This applies in particular to fixed transactions confirmed in writing. For nevertheless entering. We cannot be held liable for overruns that nevertheless occur due to sub-suppliers, unless there is intent or gross negligence on our part.
(5) Our customer undertakes to accept the ordered deliveries on the agreed date. If the customer is not present at the agreed date or refuses acceptance, he shall be in default of acceptance ( see § 4 of these GTC ). If the proper delivery is confirmed by non-contractual persons with legal capacity in the premises of the customer, this confirmation is binding for the customer.
(6) In the case of an initial order, the delivery time may be slightly extended due to the creditworthiness check that must first be carried out.
(7) Delivery days are working days without Saturdays.
§ 3 Terms of payment
(1) Our invoice shall be paid within 30 days of the invoice date. If the customer is in default of payment or other performance, we shall be entitled – without prejudice to other rights – to withhold our performance and delivery until the agreed counter-performance has been rendered or to withdraw from the contract only after a reasonable grace period of 14 days has expired. In this case, the customer shall immediately return to us at his expense any items already delivered or we shall collect them from the customer. We reserve the right to claim compensation for depreciation, wear and tear and other damages.
(2) Offsetting or withholding of payments due to counterclaims disputed by us and not legally established is not possible.
(3) Payments by check or bill of exchange require a special agreement prior to the conclusion of the purchase.
(4) In the event of default in payment, the customer shall pay default interest in the amount of 10%.
§ 4 Default of acceptance
If the customer does not take delivery of the goods on the agreed date or if the goods cannot be delivered to the customer in any other way, the customer shall be in default of acceptance. If this delay in acceptance lasts longer than 5 weeks, we are entitled to set the customer a 14-day grace period for acceptance. If the customer does not meet his contractual obligations within this period, we have the right to store the goods at our premises at the customer’s risk, charging a storage fee of 2% of the invoice amount per month or part thereof, and to insist on the fulfillment of the contract, or to withdraw from the contract and resell the goods on the open market without further notice to the customer, in which case the customer shall pay a contractual penalty for the expenses incurred and a possible shortfall in proceeds of 20% of the net purchase price plus VAT. This contractual penalty shall become due for payment upon declaration of withdrawal. Payments made shall be set off against the contractual penalty. Our right to claim damages in excess thereof shall remain unaffected.
§ 5 Retention of title
(1) All items shall remain our sole and unrestricted property until all obligations under the contract have been fulfilled (in particular until the purchase price has been paid in full).
(2) In the ordinary course of business, our customer shall be entitled to process, transform or sell goods covered by this reservation. Claims arising from the resale, which the customer may collect subject to our revocation, shall be assigned to us by way of security. Should the customer process or transform the goods subject to retention of title, this shall be done for us as supplier and manufacturer, but without triggering any obligations for us. If our ownership is lost, the co-ownership of the item shall pass to us as a substitute.
(3) In the event of seizure of the goods delivered under retention of title, the customer shall be obliged to immediately take alla measures to obtain the cessation of execution with respect to such goods. The customer must also notify us prior to the seizure.
(4) The customer shall ensure that we have access to his premises at all times for the purpose of coating the goods subject to retention of title. If the customer defaults on his payment obligations, if bankruptcy proceedings are applied for or instituted against his assets, or if he violates any other contractual obligations, we shall be entitled to demand the surrender of the reserved goods and/or to collect them.
§ 6 Delay in delivery and warranty
(1)Withdrawal by the customer due to delay in delivery shall only be permissible after fruitless expiry of a reasonable grace period to be set by the customer.
(2) If possible, the customer shall notify us of any defects that occur upon delivery or when they become visible.
(3) If the customer is an entrepreneur within the meaning of the Consumer Protection Act (KSchG), he shall inspect the delivered goods or the rendered service immediately upon receipt for completeness, correctness and other freedom from defects and notify us in writing of any defects immediately, but no later than 7 working days after receipt of the goods or service, otherwise he shall lose all claims to which he is entitled based on defects detectable during a proper inspection.
(4) As an entrepreneur, the customer may only assert claims for defects in the goods delivered (and assembled) by us in court within 6 months from delivery or performance. He has to prove the defects and their existence at the time of handover.
(5) Instead of the improvement requested by the customer as an entrepreneur (so also rework or addition of what is missing), we may release ourselves from our obligation to perform by replacing the defective item within a reasonable period of time. Instead of the requested replacement, we can carry out improvement (or rectification or addition of what is missing).
(6) We shall not be obligated to take warranty measures if the customer itself has interfered with the goods in a way that makes it difficult to restore a defect-free item.
(7) If the customer is a consumer within the meaning of the KSchG, the statutory warranty provisions shall apply to him.
(8) The faultlessness of the material (stainless steel, inox, chrome steel) and the processing are guaranteed with regard to our entire range of goods for a period of 5 years from delivery/assembly. This warranty does not apply to wear parts and ordinary wear and tear of the goods.
§ 7 Liability
(1) We do not assume any liability for damages for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, consequential harm caused by a defect, defects or tort, which are caused as a result of slight negligence by us or persons for whom we are responsible. Customers who are entrepreneurs within the meaning of the KSchG must prove the existence of gross negligence or intent. In the case of contracts with consumer, damage to the person is excluded from this exclusion of liability. Our liability is in any case limited to the foreseeable, typically occurring damage.
(2) The timely performance of technical and safety inspections in accordance with the applicable legal and technical standards are part of the Customer’s obligations.
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