GTC

GTC for entrepreneurs and retailers

1. General information

Our General Terms and Conditions (GTC) apply to all written, telephone and online orders and are accepted with every order. The General Terms and Conditions in this section are aimed exclusively at entrepreneurs! If you are a consumer within the meaning of the Consumer Protection Act, please read the section “General Terms and Conditions for Consumers” instead.

An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

These Terms and Conditions are an integral part of every offer made by FAIE GesmbH and of every purchase contract concluded with FAIE GesmbH; they shall therefore also apply as a framework agreement for all further legal transactions between the contracting parties. Should individual contractual provisions contradict mandatory statutory provisions, all other agreements shall remain in force in any case.

2. Contract

A purchase contract shall become legally binding for FAIE GesmbH when FAIE GesmbH confirms the order in writing. Verbal agreements shall require written confirmation by FAIE GesmbH in order to be valid. General terms and conditions of any kind whatsoever which are in conflict with these terms and conditions shall be deemed not to have been included and shall be invalid. All ancillary costs of a purchase contract shall be borne by the purchaser. All information and data on the object of purchase and its appearance contained in brochures, drawings, dimensional drawings and descriptions are only approximate and non-binding. Cost estimates are only binding if they are submitted in writing and designated as binding. If the performance of additional work is deemed necessary for the fulfillment of the contract, the scope of the work may be exceeded by up to 20% without consulting the customer. If special services, such as travel or dismantling work, are required on the part of FAIE GesmbH for the purpose of submitting a cost estimate, the right is reserved to charge these special expenses, even if the order is not placed or only placed in a modified form. The customer agrees that the personal data contained in the purchase contract may be stored and processed automatically by the contractor in fulfillment of the contract. The customer undertakes to notify FAIE GesmbH of any changes to its residential or business address as long as the contractual legal transaction has not been fully performed by both parties. If this notification is omitted, declarations shall be deemed to have been received even if they were sent to the last known address.

3. Prices

Unless otherwise agreed in writing, the prices are net prices ex works, without packaging and without discount. Furthermore, they are only guide prices and are subject to price increases by the supplier, increases in labor and material costs, customs duties, changes in official exchange rates or other import charges and taxes. The prices are therefore calculated on the basis of the pricing factors applicable at the time the contract is concluded. An increase in these factors up to the time of completion or delivery shall also result in a change in prices, even if such an increase occurs within two months of the conclusion of the purchase contract. No further discounts or promotions apply to items with volume discounts.

A minimum annual turnover of €500 is required for discount level PL3 and a minimum annual turnover of €1,000 is required for discount level PL4. The company reserves the right to grant a discount level and will decide on a case-by-case basis. Achieving the aforementioned minimum turnover does not automatically entitle the customer to a permanent discount. The company also reserves the right to reduce or completely cancel a discount level that has already been granted if the minimum turnover is not achieved.

4. Terms of payment

Unless otherwise agreed, all payments shall be made in cash, free of charges and without deduction. Collection and discount charges shall be borne by the purchaser (customer); likewise, in the event of reminders of an outstanding claim by FAIE GesmbH, the customer undertakes to pay an amount of EUR 8.50 plus the interest and costs otherwise incurred from the second reminder onwards. Offsetting against counterclaims or the withholding of payments for any reason whatsoever on the part of the purchaser shall be inadmissible in the absence of an express agreement. Payments to FAIE GesmbH shall be made with debt-discharging effect exclusively to one of the accounts listed below or to a person authorized to collect payments. Value added tax shall be payable in full from the total price after invoicing, even if other payment terms have been agreed for the adjustment of the purchase price. If the term of payment is exceeded, in the event of default of acceptance and in the event of missed deadlines, FAIE GesmbH shall be entitled to charge default interest in the amount of 9.58% per annum above the respective bank interest rate from the due date and dunning level 3 and, at its discretion, to add it to the outstanding capital also on the occasion of partial payments made and/or at the end of a quarter. In the event of such default, FAIE GesmbH shall furthermore be entitled to charge the reminder fees and expenses incurred for any intervention by a debt collection agency or lawyer and to add the same to the principal. Warranty and/or guarantee claims asserted by the purchaser (customer) shall not entitle the purchaser to withhold agreed payments.

5. Zahlungsbedingungen (FAIE Schweiz) 

6. Loss of date

This shall occur if the purchaser (customer) is more than two weeks in arrears with a contractual payment and FAIE GesmbH may then demand immediate payment of the entire remaining purchase price (remaining invoice amount). Default shall also occur if the purchaser is more than eight days in arrears with the surrender of agreed bills of exchange or with the signing of credit documents necessary for financing. Furthermore, the entire remaining claim of FAIE GesmbH shall become due for payment immediately if execution is levied on the assets of the purchaser without success, if the forced sale of real estate or forced administration is authorized or if the creditworthiness is reduced in any other way. Loss of payment by the due date shall entitle FAIE GesmbH to withdraw from the contract.

7. Delivery

Unless a fixed date has been expressly agreed, delivery periods are always non-binding. The delivery period shall commence when the order comes into effect, but never before the agreed down payment has been made or the agreed means of payment have been provided. Force majeure or other unforeseen obstacles in the sphere of FAIE GesmbH shall release FAIE GesmbH from compliance with the agreed obligations and the purchaser waives the assertion of any claims in this connection. FAIE GesmbH shall also be entitled to make partial deliveries. In the event of an agreed change to the order, FAIE GesmbH shall be entitled to redefine the delivery date. The seller shall not be liable for delays in delivery for which he is not responsible. In such a case, the purchaser waives the right to withdraw from the purchase and to assert claims for damages. The supplier reserves the right to make changes to the design and shape of the prototypes during the delivery period, provided that the object of sale and its appearance are not fundamentally changed.

8. Retention of title

The delivered objects of purchase shall remain the property of FAIE GesmbH until the purchase price has been paid in full or any current acceptances and any invoice amounts for deliveries of spare parts for the object of purchase in question have been honored. As long as the retention of title exists, any sale, pledging, transfer by way of security, brokerage or other transfer of the object of purchase shall not be permitted without the written consent of FAIE GesmbH.

The purchaser agrees that all payments made by him shall first be set off against repair costs, then against claims for spare parts, then against interest and other ancillary charges and finally against the purchase price of the goods subject to retention of title. For the duration of the retention of title, the object of purchase shall be insured by the purchaser for its full value against all risks, including fire, and the insurance policy shall be endorsed in favor of FAIE GesmbH. The purchaser shall be obliged to keep the object of purchase in proper condition during the period of retention of title and to have any necessary repairs carried out immediately - except in emergencies - in the repair workshops of FAIE GesmbH or in a recognized workshop of the supplier's works. It is established and expressly agreed between the purchaser and FAIE GesmbH that the object of purchase shall not become an accessory of a truck or other vehicle or stationary carrier device even if it is mounted on such and that the retention of title shall remain in force until the purchase price has been paid in full. In the event of the sale or seizure of the truck or other vehicles, the purchaser undertakes to notify FAIE GesmbH at the time of the dismantling of the equipment or its excision. FAIE GesmbH shall be entitled to mark the object of purchase as its property at the expense of the purchaser in a manner it deems appropriate and easily visible to everyone, and the purchaser acknowledges that the unauthorized removal of the marking prior to the transfer of ownership of the object of purchase to him shall result in the immediate payment of the purchase price. The purchaser acknowledges that FAIE GesmbH shall also be entitled to ownership of replaced or new parts of the object of purchase as a result of these parts being combined with the object of purchase; the same shall apply here as to the object of purchase. Ownership of such parts shall therefore only pass to the purchaser upon ownership of the object of purchase. Likewise, removed parts of the object of purchase shall remain the property of FAIE GesmbH. The assertion of the retention of title shall not simultaneously constitute a withdrawal from the contract. FAIE GesmbH shall be entitled to sell the object of purchase in the open market by offsetting the purchase price claim.

9. Warranty/compensation

The objects of purchase must be inspected by the buyer immediately upon acceptance with the care required in accordance with §§ 377, 378 UGB and any detectable defects must be noted in detail on the delivery bill or consignment note, otherwise all claims are excluded. If no immediate inspection is possible upon acceptance, this circumstance must be noted on the delivery bill or consignment note, otherwise all claims are excluded, and a detailed written complaint must be made within eight days of acceptance of any defect that can be detected during subsequent inspection. In amendment of the provision of § 933 ABGB, warranty claims must be asserted in court within 6 months of handover of the object of purchase. The burden of proof for the existence of the defect at the time of handover shall in any case be borne by the buyer. If the delivered goods are defective, the customer shall only be entitled to improvement or replacement within a reasonable period of time; this may be effected at the discretion of FAIE GesmbH by repair of the object of purchase or replacement of the parts sent in carriage paid. Replaced spare parts shall become the property of FAIE GesmbH, the wages and costs incurred for installation and removal shall be borne by the purchaser. There shall be no other or further claims, in particular for price reduction or termination of the contract, on whatever legal basis. Compensation for any consequential damages shall be limited to direct damages up to half of the invoice value of the corresponding order; lost profits shall not be compensated under any circumstances. The customer shall be obliged to observe all instructions for use provided to him, in particular the manufacturer's maintenance instructions and operating instructions, and to obtain an opinion from FAIE GesmbH in case of doubt. FAIE GesmbH shall under no circumstances be liable for defects or damage resulting from failure to observe these instructions, failure to obtain an opinion from FAIE GesmbH or unauthorized modification of the object of purchase. FAIE GesmbH shall be exempt from any liability even if machines and equipment are purchased without protective devices at the express request of the purchaser. Wear parts and accessories are excluded from the warranty. Unless expressly agreed otherwise in the purchase contract, no warranty shall be provided for used equipment. Used equipment shall be deemed to have been accepted and purchased as inspected. The customer shall only be entitled to claim damages if FAIE GesmbH or its vicarious agents are guilty of gross negligence or intent. Contestation on the grounds of error shall be excluded by mutual agreement. For sales to consumers within the meaning of consumer protection, the above provisions shall only apply insofar as they do not contradict mandatory statutory provisions.

10. Guarantees

In the event of a guarantee granted separately to the customer, FAIE GesmbH shall be obliged during the guarantee period to repair or replace the goods within a reasonable period of time at its discretion in accordance with the provisions of clause 9, unless otherwise stipulated by the manufacturer's special guarantee conditions. A claim under warranty shall be excluded in any case if the customer has used spare parts not provided by FAIE GesmbH.

11. Product liability

The purchaser assumes the obligation to fully inform all persons to whom he enables use of the product or to whom he resells the product of the operating instructions, safety regulations and warnings of operating hazards provided to him and made known to him, and to impose such an obligation on purchasers.

12. Cancellation

If the order is revoked by the purchaser or if the purchaser withdraws from the transaction for a reason which does not already entitle the purchaser to withdraw from the contract by law, FAIE GesmbH shall be entitled - without prejudice to its right to insist on performance - to demand a cancellation fee in the amount of the lost profit, but at least 15% of the purchase price. The purchaser shall not be entitled to a right of choice in this respect.

13. Place of performance and jurisdiction and applicable law

The place of performance for both parties is Regau. It is agreed by the contracting parties that Vöcklabruck shall be the exclusive place of jurisdiction for all legal disputes arising from this contract in accordance with § 104 JN. Austrian substantive law shall apply; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.