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472 1. Quotation, order, price 1.1. The following sales and supply terms & con- ditions apply to all con-tracts concluded with us. Any rival terms & conditions are only binding on us if they are acknowledged by us in writing. This also applies in the event that a customer refers to its own purchasing terms & conditions. Oral agreements that contain an additional obligation upon us are only binding if they are confirmed by us in writing. 1.2. Our prices are subject to amendment. The mea- surements given in the pricelist correspond with the relevant applicable standards and will be amended in line with a change in the standard measurements. 1.3. Our prices are deemed to be ex works and to exclude the statutory Value Added Tax. Packaging, freight and transportation insurance costs are bor- ne by the customer. 1.4. If goods are ordered by electronic means, we will confirm access to the customer‘s order without delay. Confirmation of access does not yet represent a binding declaration of acceptance of the order un- less we expressly declare this. With goods ordered by electronic means we are entitled to accept the order within three working days of its receipt by us. 2. Payment terms, payment conditions, withdrawal 2.1. Our invoices are due for payment 30 days net following the invoice date without deduction. The purchase price is due immediately if the customer falls into arrears with us with other payment obliga- tions. If the payment terms are exceeded, subject to a claim for further losses due to delayed payment, 12% interest on arrears will be charged from the due date until the date of payment. 2.2. The customer has a right of setoff only if its claims have been determined by action of law or acknowledged by us. 2.3. If the customer remains in arrears for longer than 30 days, if it is subject to distraints or attach- ments or if its asset situation deteriorates consi- derably, we are entitled to withdraw from all supply contracts not yet fulfilled or to demand payment in advance. 3. Delivery 3.1. Part deliveries are permitted. 3.2. We make every effort to meet delivery times as exactly as possible. Delivery times are not binding. If the end of the delivery time falls within the period of the company holiday, the delivery time is extended by the duration of the company holiday. In any event, compensation claims or cancellation of the contract as a result of delayed delivery are excluded if they cannot be attributed to our severe gross negligence. 4. Transfer of risk Dispatch is always at the customer‘s expense and risk. We are not liable for damage or losses in tran- sit. In the absence of special dispatch instructions by the customer, we can make the dispatch by what we consider to be the best means. If the customer does not give any contrary instructions regarding insurance against damage in transit, this may be arranged by us at the customer‘s expense without further consent. However, we are not obliged to pro- vide insurance cover. 5. Reservation of title Regardless of the earlier transfer of risk, the goods delivered remain our property until full payment of all the customer‘s liabilities arising from the supply contract. As long as the goods are our property, the customer is not entitled to pledge the goods or as- sign them as security to a third party. If a third par- ty threatens our property, we are to be informed of this without delay. If a bailiff intends to distrain the goods delivered, our ownership claims are to be put forward to the bailiff, quoting the name and address of our company. The customer must compensate us for all losses and costs that arise from breach of these obligations and for the intervention measures necessary against third party claims on the goods. 6. Guarantee, limitation of liability and re- lease from liability 6.1. The customer must thoroughly inspect any deli- very immediately upon receipt. Complaints about in- complete delivery or arising from defects discovered are to be reported in writing within 8 days following receipt of the individual deliveries, otherwise the delivery is deemed to be accepted without reser- vation and claims for these under the guarantee or for damage/losses are waived. The defect is to be clearly indicated as to its nature and extent so that we can clearly identify the basis of the complaint. The customer is obliged to look after the tempo- rary storage of the goods complained about. In ad- dition, we are liable for defects in the delivery with the exclusion of other claims, as follows: We may choose either to repair or replace free of charge all such parts that evidently become unusable or whose usability has been significantly affected as a result of a circumstance prevailing before the transfer of risk, in particular as a result of defective design, poor materials or defective work within six months coun- ting from the delivery date. Normal wear and tear, incorrect treatment, excessive use, neglect and ch- anges without our consent invalidate the guarantee. Guarantee claims can only by recognised if they are made to us in writing without delay after discovery of the fault. Such parts must be sent to us carriage paid. The replaced part becomes our property upon replacement delivery or issue of a credit note. 6.2. Outside the area of applicability of the Produkt- haftungsgesetz (PHG, Product Liability Act) our li- ability is limited to deliberate act and severe gross negligence. Our liability for simple gross negligence and slight negligence, compensation for conse- quential loss and damage to property, savings not achieved, loss of interest and for losses arising from third party claims against the customer are exclu- ded. Redress against us in accordance with § 12 PHG is excluded. 6.3. We are liable only for our own content on the website of our online shop. In so far as we provide access to other websites with links, we are not liab- le for the third party content contained therein. We do not adopt the third party content. If we become aware of illegal content on external websites, we will block access to these sites without delay. 7. Acceptance, call-off, return 7.1. Goods purchased on call-off are to be accepted within twelve months of the order date. In the event of them not being accepted on time, we are entitled to store the goods ready for dispatch at the custo- mer‘s expense and risk and to invoice for them as if delivered including all costs incurred. In the event of delay in acceptance beyond the above-mentioned twelve-month period, we are in any event entitled to withdraw from the contract and to demand a 10% cancellation fee from the customer without preju- dice to further claims. 7.2. Without exception, goods ordered are not taken back. Therefore returns are not accepted and they are returned at the customer‘s expense and risk. 8. Intellectual property rights, drawings, samples The customer is liable for ensuring that the intel- lectual property rights of third parties, in particular trade mark, sample and patent rights and copyright, are not infringed by its specifications or by the use of drawings, samples and other implementation specifications provided to us. The customer is obliged to indemnify us against any losses or complaints arising from this. No liability is accepted for loss or damage to the documents pro- vided to us. Insurance against this will only be taken out on the customer‘s express instruction and at its expense. 9. Data protection 9.1. With our „Data protection information“ we in- form our customers about: the nature, extent and purpose of the recording, processing and use of the personal data required for fulfilling orders and invoi- cing; his rights to object to the production and use of his anonymised use profile for purposes of adver- tising and for the design of our product range in line with demand; the passing on of data to companies engaged by us and obliged to observe the statu- tory provisions of data protection for the purpose and duration of the creditworthiness check and the dispatch of the goods; the right to information free of charge regarding his personal data stored by us; the right to the correction, deletion and blocking of his personal data stored by us; Any recording, pro- cessing or use of the personal data going beyond Point 1 requires the customer‘s consent. The custo- mer has an option to grant this consent before gi- ving his order. The customer is entitled to withdraw consent at any time with future effect (See „Data protection law consent“). 10. General, place of fulfilment, place of jurisdiction, choice of law 10.1. The legal invalidity of a part of these sales and supply terms & conditions does not affect the re- maining terms. It is the version of these STCs valid at the date of conclusion of the contract that applies in each case. 10.2. The place of fulfilment for delivery and pay- ment is exclusively A 5412 Puch bei Hallein, in so far as not stated otherwise on the order confirmation. 10.3. Salzburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. 10.4. These STCs and the contracts to be signed under these STCs are subject to Austrian property law, with the exclusion of the reference provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). 10.5. Consumers‘ statutory rights under the Konsu- mentenschutzgesetz (Consumer Protection Act) are not restricted by the above-mentioned terms. General sales conditions