General Terms and Conditions (AGB)
I. Validity All deliveries, services and offers of Company Timetron Ltd. are subject to these General Terms of Trade; all customer`s terms opposing or differing from the terms stated herein will not be accepted by us apart from explicit agreement from our side. These General Terms are also binding for all further legal transactions between the contracting parties.
II. Contract Conclusion The customer`s order represents an offer to Company Timetron for the conclusion of a sales contract. An order confirmation of Company Timetron Ltd. or the dispatch of goods ordered by the customer puts the contract into force.
III. Prices All prices listed by Timetron Ltd. are to be understood excluding VAT. All prices are subject to confirmation as they must regularly be adapted due to currency fluctuation.
IV. Payment Conditions, Interest on Late Payments All our invoices must be settled on condition delivery versus payment, either by advanced payment or against cash on delivery (C.O.D.). Differing payment terms are subject to our explicit confirmation. Cash discounts can only be approved for registered companies subject to a separate agreement. The agreed discount is only valid for payments within the agreed cash discount payment target. The date the invoiced amount is credited to our account denotes the receipt of payment. Default interest shall be payable on overdue amounts based on legally appointed rates.
V. Withdrawal from Contract In case of default of acceptance or other important reasons, especially insolvency of a customer or refusal of insolvency for lack of seizable assets and in case of overdue payment by the customer we are entitled to withdraw from the contract as long as it has not been fulfilled completely by both contracting parties. In case of withdrawal from our side for one of the above reasons and outstanding receivables on behalf of the customer we are entitled to reimbursement in the form of either a flat-rate value of 15 % of the invoiced gross amount or the actually arisen loss. In case of overdue payment by the customer we are released from all outstanding liabilities concerning service or delivery to the customer and are entitled to detain outstanding deliveries or services and claim advanced payments resp. providing of surety or, after expiry of a granted respite, to withdraw from the contract. Distance selling contracts (§§ 5a ff Consumerism Law) allow the consumer to withdraw from the contract within 7 working days (excl. Saturdays). This period starts with the day of goods receipt by the customer. The customer only has to send off a withdrawal declaration within this period. If the customer exercises his option of withdrawal he must bear the costs for reconsignment of the goods. The withdrawal though can only be accepted if the goods are returned undamaged in the intact original packing.
VI. Expenses of Reminder and Collection In case of overdue payment the contracted partner (customer) is liable to bury the arising costs of Company Timetron for reminders and especially collection by a debt collecting agency to the full maximum rate as stated in the regulation of BMwA as far as they are proofed necessary for adequate legal persecution.
VII. Delivery, Transport, Delay of Acceptance Net Prices do not include costs for delivery. On request we can authorise a forwarding agency for large deliveries. The costs will be debited to the customer based on actually arisen costs plus adequate administration fee and must be paid in advance. Postal or C.O.D. charges also must be borne by the customer.
VIII. Product Liability
Recourse Receivables as per § 12 Product Liability Law are excluded, except of grossly negligent damage or loss caused by Comp. Timetron, subject to indisputable evidence being given by the customer.
IX. Warranty Since Jan 01, 2002, there is a legal warranty of 2 years for movable goods, the seller being liable for burden of proof within the first six months. After this period the customer bears the burden of proof. For damages arising from negligent handling or improper transport of goods by the customer or transport agents authorised on behalf of the customer, warranty cannot be claimed.
X. Retention of Ownership and Assertion All property in the goods delivered by Company Timetron Ltd. remains at Company Timetron Ltd. up to complete payment of the delivered goods. The Assertion of retention of Ownership does not automatically mean a withdrawal from the contract, except on explicit declaration. In case of return of goods we are entitled to claim all actually arisen transport costs and other expenses. If a third party claims access to the goods as long as they are in the legal ownership of Company Timetron - especially in case of legal executions - the customer is liable to refer to goods being our property and to instantly inform us accordingly. If the customer is an end-user or no duly registered retailer he has absolutely no power of disposal of the goods until final fulfilment of the contract by complete payment remittance, especially concerning selling, pawning, giving away or lending of the goods. The customer buries the complete risk for the goods as long as they have not been fully paid, which entitles Company Timetron Ltd. to claim reimbursement for all damages and losses to the goods ascertained at the point of Assertion.
XI. Legislation, Legal Venue All contracts concluded with Company Timetron Ltd. are subject to the Austrian law. The applicability of UN Trading Laws is explicitly excluded. The contract language is German with English translation if necessary. The contracted parties agree to Austrian domestic jurisdiction. In case of non-consumer-business the court of justice responsible at our registered office will be solely consulted for contractual legal cases.
XII. Privacy, Change of Address and Copyright The customer declares his agreement, that all personal related data included in and necessary for fulfilment of the contract may be stored and administrated in our EDP. The customer hereby confirms that he has read the data protection declaration disclosed by Timetron Ltd. and explicitly agrees to it. The customer is liable to inform us about every change of home/business address, as long as the contracted legal transaction is not fulfilled completely by both parties. In case of any omission of this liability all papers, documents, declarations or goods will be reckoned delivered when being dispatched to the last notified address. Samples, catalogues, folders, pictures, trademarks etc. are and shall remain our exclusive intellectual property; any use, modification or transmission representing any kind of copyright infringement will be subject to legal prosecution.