Conditions

Our terms and conditions since 1950

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Austria / Belgium / Germany / Slovakia

Getränketheke, Biertheke, Kühltheke, Kühlpult, Umluftvitrinen, Cocktailbar, Edelstahlküchen, Sonderbau, Handarbeit, SB Vitrinen, Kühlwannen, Umluftwannen, Custom made, Barkonzept, Edelstahlmöbel, Barkonzept, VonHauser, Bottlecooler, Coolingdesk, Refrigerated counters, Refrigerated Display Cases,Built in refrigerated display,Countertop,Edelstahlmöbel Kühlmöbel,Fertigung,Vitrinen Umluftvitrinen

Data protection :

The Federal Data Protection Act (BDSG) and the General Data Protection Regulation  (GDPR)  is in the company Dipl.Ing. Georg H. Hauser GmbH implemented since May 25, 2018.

1. SCOPE OF APPLICATION

 

1.1. The following conditions apply to all of our deliveries and services. The version valid at the time of the conclusion of the contract is decisive.

1.2. Individual agreements require our written confirmation.

1.3. The current terms and conditions are on the homepage  www.hauser-wien.at  evident.

1.4. Counter-confirmations by the buyer and / or the reference to his own terms and conditions of purchase or terms and conditions are hereby rejected.

 

2. OFFER AND ACCEPTANCE

 

2.1. Our offers are non-committal and non-binding.

2.2. Orders from the buyer are to be placed in writing and are only deemed to have been accepted once the written order confirmation has been delivered.

2.3. Additions, changes or ancillary agreements to or from agreements require our written confirmation in order to be effective.

 

3. SCOPE OF DELIVERY AND DELIVERY TIME

 

3.1. Mentioned dates and deadlines are non-binding, unless something else has been expressly agreed in writing. The delivery period generally begins at the time specified in the order confirmation, there are two exceptions:

- Time at which all the technical, commercial and other requirements incumbent on the buyer are met; - Time at which the requested security deposit or down payment was made.

3.2. We are entitled to make partial deliveries and to offset them accordingly at any time.

3.3. General delivery delays only lead to a right of withdrawal if we have been granted a grace period of 4 weeks in writing.

3.4. We also have delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us (such as subsequent material procurement difficulties, operational disruptions, strikes, official orders, etc.), if they occur with us or our suppliers not responsible for bindingly agreed deadlines. The service or delivery can be postponed for the duration of the hindrance plus a reasonable start-up time; Furthermore, we have the right to withdraw from the contract in whole or in part.

3.5. Claims from delays in delivery are in the absence of a special written agreement to the contrary  - as far as legally permissible - excluded.
3.6. The packaging and shipping method are selected by us and are also considered approved by the customer. Additional costs caused by special shipping requests by the customer are borne by the customer.

3.7 The customer bears the transport risk in any case, if the customer wishes to organize and award the transport order / is, the customer bears the transport risk, as well as the processing of the recourse claims with the transport company selected by us. 3.8 By awarding the transport order to us by the customer, we are only considered an agent for the transport.

3.9 We cannot be held liable for any damage caused by a forwarding agent / third party.

 

4. PERFORMANCE AND TRANSFER OF RISK

 

4.1 The place of fulfillment for deliveries (e.g. by means of a forwarding agency) of finished products is always our warehouse - collection warehouse Vienna 1140.

4.2 Delivery takes place ex warehouse in Vienna; The place of performance is Vienna - Austria. Secondly, the place of fulfillment is that place where the service was actually provided.

 

5. PRICES AND PAYMENT TERMS

 

5.1. The prices stated in the order confirmation plus the respective statutory value added tax are decisive. The prices are ex works and do not include transport, disposal, customs or similar costs. Delivery date-dependent surcharges that cannot be influenced are generally charged according to the conditions on the delivery date.

5.2. We are entitled, despite instructions from the buyer to the contrary, to initially offset incoming payments against older open invoices. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the capital claim.

5.3. Payment must be made net in advance - unless other terms of payment have been agreed in writing. Checks and bills of exchange are only accepted on account of payment; all redemption costs are borne by the business partner.

5.4. If the buyer defaults on payment, we are entitled to charge default interest of 8% above the base rate.

  5.5. In the event of non-compliance with payment terms, in particular if bills of exchange or checks are not cashed or payments are suspended, or if other circumstances become known which call the buyer's creditworthiness into question, we are entitled to call the entire remaining debt due, even if partial payments have been accepted beforehand as well as to request advance payments or security deposits.

 

6. RESERVATION OF TITLE (EV)

 

6.1. All delivered goods remain our property until they have been paid for in full, even if they have been passed on to third parties in any form. Processing or connection of goods under EV is always carried out for us as the manufacturer without any obligations arising for us. Reductions in value are at the expense of the buyer. Pledging or assignment by way of security are prohibited to the buyer.

6.2. The buyer is entitled  - provided he is not in default of payment  - to sell the goods under EV in the ordinary course of business, whereby he assigns the claims against third parties arising from the resale or any other legal reason with regard to the goods under EV to us through the third party as a precaution and in full. This assignment is to be noted in the business books; associated with this are information obligations in the event of access by third parties.

 

7. WARRANTY AND GUARANTEE

 

7.1. The warranty is 6 months and begins with  the time of delivery to the buyer (handover). The buyer is obliged to inspect the goods for any damage upon receipt and to report this in writing within 10 days, stating the defects. Otherwise the delivery is considered approved. Defective device parts are to be kept available for inspection by us or one of our representatives in the condition in which they were at the time the defect was discovered.  Returns always require our written confirmation. In the case of hidden defects, the written notice of defects must be given within 7 days after they have been identified  - at the latest within six months after delivery of the goods  - to raise all warranty claims in the event of any other exclusion. Failure to observe the above provisions leads to the exclusion of all claims.

7.2. The buyer always has to prove the defectiveness of the goods; the presumption of deficiency in § 924 ABGB does not apply.

7.3. With the exception of glass, there is a one-year guarantee on the material supplied. Working and travel times are not covered by the guarantee. For consequential damage  no liability is accepted. The guarantee is excluded in the event of improper handling.

7.4. When ordering - buying - delivery of external systems, the company that puts the system into operation is liable. An acceptance report must be carried out with the customer.

7.5. In the case of external systems, there is only a one-year material guarantee.  

 

8. LIABILITY

 

Claims for damages against us as  Even against our vicarious agents are excluded, unless the damage was caused intentionally or through gross negligence. We exclude any liability for lost profit.

 

9. OFFSET

 

The buyer is only entitled to offset if his claim is undisputed or has been legally established. A right of retention can only be asserted if this is based on claims from the contract / order.

10. PLACE OF JURISDICTION, APPLICABLE LAW

 

10.1. The place of jurisdiction for all disputes arising directly or indirectly from the contract / order is the competent court at the company headquarters of Dipl. Ing. Georg H. Hauser GmbH.

10.2. The contract is subject exclusively to Austrian law. The applicability of the provisions of  Ex.  the UN on contracts for the international movement of goods (CISG for short) is excluded.

10.3. In addition, the "General Terms and Conditions of Delivery for the Electrical and Electronics Industry" and the "General Terms and Conditions of Delivery of the Association of the Machine and Steel Construction Industry" apply in the currently applicable version.

10.4. If one or more provisions of these terms and conditions are or become ineffective or this contract text contains a loophole, the contracting parties will replace or supplement the ineffective or incomplete provision with appropriate provisions that largely correspond to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.

11. RETURNS

 

11.1 In individual cases, at the discretion of DI G. Hauser GmbH, a processing fee of at least 5% will be charged for the return of goods. In the case of special constructions / commissioned work, a discount of at least 3/4 of the order amount.

12. Transportation

 

12.1 All prices are delivered without transport. If a transport is desired, a transport will be organized by a forwarding agent, in this case the agreement of the international road transport contract (CMR) applies. Transports are only ever given in one direction. Collection will be charged separately according to the effort.

12.2 The customer bears the transport risk in any case, if the customer wishes / is to organize and place the transport order, the customer bears the transport risk as well as the processing of the recourse claims with the transport company selected by us. 12.3 By awarding the transport order to us by the customer, we are only considered an agent for the transport.

12.4 We cannot be held liable for any damage caused by a forwarding agent / third party.