Terms & Conditions
The general terms and conditions shall form the basis for and apply to every contract concluded with TR-Tec GmbH Company, hitherto referred to as TR-Tec. Conditions and confirmations of orders differing from these are only regarded as valid if expressly confirmed by TR-Tec in writing. Likewise, verbal agreements require a written confirmation by TR-Tec to obtain legal force.
Offers by TR-Tec company are subject to change. The customer's order is a binding declaration of intention to buy a product, whereas only a written order confirmation by TR-Tec will render the order binding for TR-Tec.
All prices stated correspond to merchandise ex works in Euros, that is they do not include transport costs, insurance, customs and other duties or respective value added tax rates.
Agreed delivery periods start on the day of order confirmation, after full clarification of all details concerning the order and its conduction.
In the event of the customer falling into arrears with (partial) payments, the delivery period is extended by the entire length of the customer's delay in payment.
Unforeseen circumstances not attributable to TR-Tec's fault, as well as circumstances beyond the influence of TR-Tec which hinder the timely delivery of goods or render a delivery partly or completely impossible, license TR-Tec's withdrawal from a contract. Such an event does not incur claims for compensation deliveries or subsequent deliveries, or any further claims for compensation on the part of the customer.
Partial delivery is admissible. Subject to the conditions of payment, TR-Tec is entitled to charge partial deliveries separately.
III. Transfer of Risk
Upon handing over the delivery item to the customer, risk is transferred to him.
The risk of destruction, loss or damage is transferred to the customer, when the delivery item is handed over to the first forwarding agent, haulage contractor or any other transporting agent appointed to conduct the delivery. This is also the case if TR-Tec has commissioned the delivery at its own expense or if a delivery free of charge has been arranged. It is also the case if the delivery is conducted by TR-Tec itself. Unless the shipment is not performed by a TR-Tec vehicle, TR-Tec assumes no liability for safe loading and consignment.
Should the delivery be delayed out of circumstances which fall into the sphere of the customer, risk is transferred with the emission of a notification to the customer that the consignment is ready for dispatch.
IV. Conditions of Payment
Unless otherwise stipulated, all accounts are to be settled strictly net and immediately after their receipt.
In case the customer falls into arrears, a default interest in the amount of the respective secondary market yield + 3% per annum falls due.
In the event of any infringement of a term of payment, a partial or complete withdrawal by TR-Tec from the contract is legitimate, after having served a written warning. If the customer falls into arrears, TR-Tec is likewise eligible to call for the payment of the entire amount of the remaining purchase price and to deliver the item on advance payment only. If the customer proves to be defaulting on any other business transaction he has entered with TR-Tec, then TR-Tec is authorised to detain the delivery of merchandise for the period of payment delay and to demand advance payment for these deliveries of the customer.
The customer is not entitled to add possible counterclaims or to withhold payments due to any warranty claims. Rather, counterclaims and warranty claims have to be asserted separately, unless they have been acknowledged by TR-Tec in writing or established as legally binding.
V. Retention of Title
TR-Tec retains title to the purchased item until all claims arising from business relationships with the customer have been paid. The customer is not entitled to realienate, to pawn or to dispose of merchandise subject to retention of title by TR-Tec.
Should the customer nevertheless dispose of the merchandise and especially resell it, he undertakes to assign to TR-Tec receivables arising from such disposals and associated perquisites in the amount TR-Tec is entitled to claim from the customer.
Should the customer nevertheless dispose of the merchandise and should the delivered merchandise, before it has been fully paid, be incorporated into another object/item or merge with or into other objects so that it becomes impossible to separate it from this other object by reasonable means and should the merchandise thus be completely or partially resold or put up for lease, then the customer undertakes to assign to TR-Tec receivables arising from such disposals and associated perquisites in the amount TR-Tec is entitled to claim from the customer.
Sollte der Kunde dennoch über die Ware verfügen und wird die gelieferte Ware vor der vollständigen Bezahlung in andere Gegenstände eingebaut oder geht mit vernünftigen Mitteln nicht trennbar in andere Gegenstände über oder auf und wird dieser Gegenstand ganz oder teilweise weiterveräußert bzw. vermietet, verpflichtet sich der Kunde, die daraus entstehenden Forderungen und auch die aus den damit verbundenen Nebenleistungen entstehenden Forderungen, in der Höhe an TR-Tec abzutreten, in der TR-Tec gegenüber dem Kunden Forderungen zustehen.
Unless otherwise arranged by an additional agreement, software remains the intellectual property of TR-Tec, even after delivery to the customer. The customer is under no circumstances entitled to resell or rent out purchased software without a written authorisation by TR-Tec.
Should the customer nevertheless resell or rent out the software, he undertakes to assign to TR-Tec receivables arising from such disposals and associated perquisites in the amount TR-Tec is entitled to claim from the customer.
The customer is liable to safekeep the property of TR-Tec from third parties. In the event of a third party expressing claims, notably claims of lien on objects and claims of TR-Tec, then the customer is bound to demonstrably inform TR-Tec and all third parties immediately.
If the stipulated terms of payment have been met by the customer, TR-Tec warrants the flawlessness of the object of purchase and its correspondence with respective technological standards. Should the merchandise have been manufactured on the basis of constructional or dimensional instructions or designs provided by the customer, then TR-Tec is merely liable for the realisation of these instructions and not for their accuracy and suitability.
The liability period starts with the transfer of risk to the customer and is independent from the point of time when the customer starts to utilise the object of purchase. Complaints have to be communicated to TR-Tec immediately in writing and within 8 days from delivery, else the merchandise is considered as having been approved by the customer and free from defaults. If a separate acceptance has been arranged, the merchandise is considered as definitely and unconditionally approved of upon the customer's acceptance, unless complaints are sufficiently substantiated and put down in writing during the acceptance of the product.
In the event of a complaint, the customer is liable to take delivery of the merchandise for the time being, to unload and store it in an appropriate manner, without providing a possibility for claims to accrue against TR-Tec. The customer has to hold the faulty merchandise ready for inspection by TR-Tec. Damages in transit have to be notified by the customer promptly in shipping documents, delivery notes, etc. If the merchandise has been delivered by rail transport, the customer has to notify railway staff immediately for the purpose of establishing an assessment of damage. Since the delivery is conducted at the risk of the customer, the contracting of insurance against breakage and other transport damages is recommended.
In the event of unjustified notifications of defects, the customer shall restitute to TR-Tec the full costs and charges arising from the handling and verification of such notifications.
The defect shall be remedied either by TR-Tec's repairing the object of purchase concerned, by the replacement of deficient parts or, if need be, by an exchange delivery. Demands for redhibitory action or reduction of price are out of question as per the following regulation, as well as demands from the part of the customer for compensation of damages, notably loss of earnings, transportation and storage costs.
VII. Disclaimer of Warranty
TR-Tec only assumes liability for damages caused with intent or by gross default. Hence TR-Tec is not liable for slight negligence.
TR-Tec as manufacturer, importer and retailer is not liable for material damage arising from product defects to customers who are not consumers. The customer who is not a consumer undertakes in turn to confer TR-Tec's disclaimer in its entirety to his buyers who are not consumers and to bind them by contract to transfer TR-Tec's disclaimer to third parties.
VIII. Governing Law and Place of Jurisdiction
TR-Tec's legal relationship with customers shall be exclusively governed by Austrian Law. The company's registered headquarters shall be the place of performance and the place of jurisdiction.