T&Cs

Switzerland

General Sales and Delivery Conditions

  1. Basic Principles
    These terms of sales and delivery form an integral part of the offer or the supplier’s order confirmation. Additional or different agreements are only accepted if they are stated in the order confirmation or confirmed by the supplier in writing.
  2. Offers and Order Acceptance
    Offer documents such as drawings, etc. remain the property of the supplier and may not be disclosed to third parties without the supplier’s written consent. Offers are binding for a limited period. The order only becomes binding upon written confirmation by the supplier. A detailed order confirmation is issued after clarification of all specifications set out in the execution plans, whereby deviations from the systems offered are taken into account by an additional or reduced price.
  3. Rates
    Prices are valid for deliveries within Switzerland, including packaging, fee delivery to the building site or by free freight to the valley station. If necessary, staff and the necessary transport equipment must be provided free of charge to assist with unloading. To be provided at the building site: Sanitary facilities, electrical and gas installations, as well as steam flues, chimneys, tank lines and other necessary on-site services, as well as scaffoldings and equipment required for the installation of devices and appliances. As from the dispatch of the goods from the factory, all risks shall be borne by the customer, even if delivery is free of charge or installation is included. The transport insurance is only taken out on request and at the expense of the customer. The prices confirmed by the supplier remain valid until the confirmed date, but no longer than 5 months after receipt of the order. After this period, the valid
    daily rates apply, unless a special price adjustment, e.g. a price adjustment scale, has been agreed.
  4. Terms of payment for cooking suites and special constructions
    50% payable upon placement of the order 3 month prior to the agreed delivery date 50% payable within 10 days after delivery If the installation work cannot be started or carried out due to a construction delay, the supplier shall be entitled to demand additional instalments corresponding to the value of the units already manufactured. If the partial payments due by the customer are not paid on schedule, the supplier is entitled to suspend order processing until the payment has been received and to assert claims for damages in addition to default interest claims. The scheduled appointments
    are thereby terminated and must be redefined. An allegation of deficiencies does not exempt from the obligation to comply with the payment conditions.
  5. Dimensions and manufacturing principles
    After placing the order, the supplier shall prepare the execution plans based on the customer’s documents. These execution plans are to be signed by the customer. By signing <<the approval for execution,>> the consent to the design, installation and the dimensions is confirmed.
  6. Delivery times
    The agreed delivery period is subject to unforeseen obstacles and force majeure. Contractual penalties are excluded. The supplier must also reserve the right to extend the deadline correspondingly, if the required technical or other information is too late or the condition for obtaining it is not given in time, e.g. building dimensions, or if the agreed instalments are not paid in time. Delays in delivery do not entitle the customer to withdraw from the contract or claim compensation for any resulting damage. In case there is a delay in accepting goods that are ready for dispatch, these goods can be stored at the expense and risk of the customer for reasonable storage fees.
  7. Installation
    Installation costs are normally charged according to the result and at the supplier’s current flat rate per hour, including wages. Travel expenses, accommodation, meals and lodging, as well as installation reports must be approved by the building contractor or site manager. Additional expenses and waiting periods not attributable to the supplier  will be charged to the customer even if an installation lump sum has been expressly agreed in the order confirmation or the assembly costs are included in the sales price. A lockable room must be provided for tools, incidentals and the installers’ personal equipment.
  8. Building damage and theft
    Any kind of damage to components or theft will only be acknowledged and accepted by the supplier if it can be proven to have been caused by his installers.
  9. Unforeseen supplementary services
    Changes or additional services requested by the building contractor or site management will be invoiced on the basis of a signed supplementary-work report from the site management according to the daily rates (analogous to installation). The material used is regarded as a supplementary order and is invoiced separately.
  10. Insurance
    The installers are insured with SUVA. There is a liability insurance for structural damage caused by the supplier.
  11. Material storage and equipment protection
    If the supplied apparatus and equipment cannot be installed immediately, appropriate space must be provided on-site for proper storage. The customer is liable for all costs resulting from damage by other construction-site personnel, lack of space, as well as water, fire and collapse damage and theft. After installation of the components, the customer or his site manager must provide sufficient protection against impact, soiling and damage. Any liability for the supplier for consequences of non-compliance with these regulations must be expressly rejected.
  12. Building inspection
    After completion of the installation, the building contractor or his representative must confirm the takeover on the installation report or the delivery note in writing. The takeover shall also be deemed to have taken place if the contractor or his representative fails to cooperate after two requests.
  13. Warranty
    The guarantee period is stated in the <execution approval>. As soon as the handover is scheduled, the warranty period begins after acceptance has taken place, but no later than 60 days after delivery. The supplier undertakes to expeditiously repair and replace all parts which have evidently become defective or unusable due to material or manufacturing defects during the warranty period. For this purpose, the defective parts must be sent to the factory free of charge. Immovable installations will be repaired on-site as far as possible. Any warranty is excluded for equipment that has been handled improperly, was inadequately maintained or subjected to excessive strain. Parts that were replaced become the property of the supplier. The warranty provisions of the respective manufacturers apply to products of third-party origin. There is no warranty claim for damage due to improper handling or wear and tear: e.g. breakage of the ceramic plate, wear and tear of the potentiometers, fan failure due to dirt, replaced safety elements, seals (silicone joints).
  14. Liability
    Claims for direct or indirect consequential damage to persons or property are excluded.
  15. Acclaim
    By placing an order, the customer accepts the aforementioned terms of sale and delivery; any deviation requires a written confirmation by the supplier.
  16. Retention of title and jurisdiction
    The delivered goods remain the property of the supplier until full payment has been made. The registration of the retention of title remains reserved. The place of jurisdiction is the place of business of the supplier, i.e. St. Gallen

01.03.01

Germany

General Sales and Delivery Conditions

  1. Basic Principles
    These terms of sales and delivery form an integral part of the offer or the supplier’s order confirmation. Further or different agreements are only accepted if they are stated in the order confirmation or confirmed by the supplier in writing. Contrary General Terms and Conditions only bind the supplier if he has expressly agreed to their validity in writing.
  2. Offers and Order Acceptance
    Offer documents such as drawings, etc. remain the property of the supplier and may not be disclosed to third parties without the supplier’s written consent. The offers are binding for a limited period. The order only becomes binding upon written confirmation by the supplier. A detailed order confirmation is issued after clarification of all specifications set out in the execution plans, whereby deviations from the systems offered are taken into account by an additional or reduced price. The supplier is entitled to minor constructional or other changes, provided that the performance date, etc. of the purchased object are only changed insignificantly.
  3. Rates
    Subject to other agreements, prices are valid for deliveries within the Federal Republic of Germany (except German islands), including packaging, free shipment to the building site or free freight to the receiving station. If necessary, staff and the necessary transport equipment must be provided free of charge to assist with unloading. As from loading of the goods at the factory for dispatch to the customer, all risks shall be borne by the customer, even if delivery is free of charge or includes installation. The transport insurance is only taken out on request and at the expense of the customer. The risk shall also pass to the customer if the customer does not accept the ordered goods that have already been declared ready for despatch, despite the supplier’s readiness to perform. The prices confirmed by the supplier remain valid until the confirmed date, but no longer than 5 months after receipt of the order. After this period, the valid daily rates apply, unless a special price adjustment, e.g. a price adjustment scale, has been agreed.
  4. Terms of payment for cooking suites and custom-made products
    50% on placement of the order, payable 3 months before agreed delivery deadline
    50% after delivery, payable within 10 days after delivery
    If delivery or installation is delayed or cannot be carried out as agreed due to construction delays or other cases of default of acceptance, the supplier is entitled to demand additional partial payments corresponding to the value of the already manufactured equipment. If the partial payments due by the customer are not paid on schedule, the supplier is entitled to suspend order processing until the payment has been received and to assert claims for damages in addition to default interest claims. The deadlines are thereby terminated and must be redefined. An allegation of deficiencies does not exempt from the obligation to comply with the payment conditions.
  5. Dimensions and manufacturing principles
    After placing the order, the supplier shall prepare the execution plans based on the customer’s documents, which are to be signed by the customer. By signing <<the approval for execution,>> the consent to the design, installation and dimensions is confirmed.
  6. Delivery times
    The agreed delivery period is subject to unforeseen obstacles and force majeure. Contractual penalties are excluded. The supplier also reserves the right to extend the deadline correspondingly if the required technical or other information is too late or the condition for obtaining it is not given in time, e.g. building dimensions, and also if the agreed instalments are not paid in time. Delays in delivery do not entitle the customer to withdraw from the contract or claim compensation for any resulting damage. In case of delayed acceptance of goods ready for dispatch, these can be stored at the expense and risk of the customer for reasonable storage fees.
  7. Installation
    The customer undertakes to have preparatory work carried out on the object to be installed in good time so that the installation of the supplied items can be carried out unhindered and properly. The subsurface in the installation area must be level, clean and prepared (tiled, etc.). To be provided at the building site: Sanitary facilities, electrical and gas installations, as well as steam flues, chimneys, tank lines and other necessary on-site services, as well as scaffoldings and equipment required for the installation of devices and appliances. Installation costs are normally charged according to the result and at the supplier’s current flat rate per hour. Travel expenses, meals and lodging will be charged to the customer according to the actual expenses incurred. Installation reports must be approved by the building contractor or site manager. Additional expenses and waiting periods not attributable to the supplier will be charged to the customer even if an installation lump sum has been expressly agreed in the order confirmation or the assembly costs are included in the sales price. A lockable room must be provided for tools, incidentals and the installers’ personal equipment.
  8. Building damage and theft
    Damage of any kind to components or theft shall only be acknowledged and accepted by the supplier if it can be proven to have been caused by the supplier’s installers or other vicarious agents and in connection with the execution of the order.
  9. Unforeseen supplementary services
    Changes or additional services requested by the building contractor or site management will be invoiced on the basis of a signed installation report from the site management according to the daily rates (analogous to installation). The material used is regarded as a supplementary order and is invoiced separately.
  10. Material storage and equipment protection
    If the supplied apparatus and equipment cannot be installed immediately, appropriate space must be provided on-site for proper storage. The customer is liable for all costs resulting from damage by other construction-site personnel, lack of space, as well as water, fire and collapse damage and theft. After installation of the components, the customer or his site manager must provide sufficient protection against impact, soiling and damage. Any liability of the supplier for consequences of non-compliance with these regulations must be expressly rejected.
  11. Building inspection
    After completion of the installation, the building contractor or his representative must confirm the takeover on the installation report or the delivery note in writing. The takeover is also deemed to have taken place if the building contractor or his representative do not carry out the acceptance procedures after two requests.
  12. Warranty
    The supplier is not liable for equipment which is not manufactured by the supplier himself, but shall cede all his warranty claims against third parties to the customer and shall provide him with all information necessary for legal action against third parties. In the event the delivered item has a defect for which the supplier is responsible, the right of rectification by the supplier takes precedence. The manner in which the defect is subsequently rectified shall be at the sole discretion of the supplier and shall in any case be limited to the maximum amount of the purchase price. The supplier undertakes to expeditiously repair and replace all parts which have evidently become defective or unusable due to material or manufacturing defects during the warranty period. For this purpose, the defective parts must be sent to the factory free of charge. Immovable installations will be repaired on-site as far as possible. In the event the supplier does not properly rectify the defect subsequently, the customer shall be entitled to a price reduction or withdrawal from the contract. If the purchased item does not fulfil a quality guarantee, the supplier shall be liable within the scope of the statutory provisions. The supplier shall be liable pursuant to the statutory provisions if the customer asserts claims for damages based on intent or gross negligence or if the customer asserts claims for damages for injury to life or physical or health integrity based on intent or negligence. Insofar the supplier is not accused of intentional breach of contract or has culpably violated a material contractual obligation, the liability for damages shall be limited to the foreseeable, typically occurring damage. If the customer is a consumer pursuant to § 474 BGB [German Civil Code], he is entitled to all warranty rights under §§ 433 to 435, 437, 439 to 443 within the statutory scope. In all other respects, liability for damages is excluded; in this respect, the supplier is in particular not liable for damages, which have not occurred to the delivered item itself. The warranty period is one year from the transfer of the risk. The period is a period of limitation and applies in particular also to claims for compensation of consequential damages and loss of profit or other financial losses to the customer. There is no warranty for used delivered items. For transactions with a customer pursuant to § 474 BGB [German Civil Code], the limitation period is two years, for used items it is one year. Warranty claims against a supplier are only directly from the customer and cannot be assigned to third parties. Any warranty is excluded for equipment that has been handled improperly, was inadequately maintained or subjected to excessive strain. Parts that were replaced become the property of the supplier. The warranty provisions of the respective manufacturers apply to products of third-party origin. There is no warranty claim for damage due to improper handling, excessive use or wear and tear: e.g. breakage of the ceramic plate, breakage of the potentiometers, fan failure due to dirt, replaced safety elements, seals (silicone joints). Furthermore, no warranty shall be assumed for damage caused to the delivered item by repairs by third parties, unless we have given our consent to “third-party repair”. Our warranty shall also not apply if the customer’s inspection and complaint obligations were not complied with pursuant to §§ 377 – 378 HGB [German Commercial Code] or if the delivered object is further used or processed after detection of a defect by the customer without our consent.
  13. Withdrawal
    If the customer withdraws from the contract wholly or in part for reasons for which the supplier is not responsible, the customer shall owe a contractual penalty in the amount of 35% of the order value or the purchase price. The supplier expressly reserves the right to claim further financial damages. The customer is entitled to prove that the actual damage was considerably lower.
  14. Retention of title
    The delivered goods remain the property of the supplier until full payment has been made. The customer undertakes to notify the supplier immediately of seizures and/or other impairments of the items subject to retention of title and to support the supplier in the necessary actions. If, on the basis of the agreed retention of title, the supplier demands the return of the delivered items, the customer is obliged to return them to supplier's address. The customer is prohibited from reselling the delivered items that are subject to retention of title until full payment has been made; the customer also undertakes to pledge or transfer security of the delivered items, before the supplier has not been fully satisfied. In the event of a resale, the customer shall assign all associated claims against his clients in full to the supplier in advance.
  15. Final provisions
    By placing an order, the customer accepts the aforementioned terms of sale and delivery; any deviation requires a written confirmation by the supplier. Should individual provisions of the above clauses be ineffective, this shall not affect the validity of the remaining General Terms and Conditions. The place of performance and agreed place of jurisdiction is our registered office in 78467 Constance. German law applies.

Constance, date August 2009 MENU SYSTEM GERMANY GmbH

Austria

General terms and conditions

  1. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
    1.1. Allen unseren Geschäftsbeziehungen liegen nachstehende allgemeine Geschäftsbedingungen - im folgenden kurz AGB genannt - zugrunde.
    1.2. Werden in Ausnahmefällen ausdrücklich und schriftlich, beiderseits unterfertigt und von uns zusätzlich schriftlich bestätigt,anderslautende Vereinbarungen getroffen, so gelten diese Abweichungen ausschließlich für diesen einzelnen Geschäftsfall.
    1.3. Any other general terms and conditions of customers are hereby expressly contradicted. No further contradiction is required in the individual case. Our conduct shall under no circumstances be deemed approval of such terms, in particular also not our taciturnity, unconditional transmission of an order confirmation or the like.
    1.4. Spätestens mit dem Empfang der Leistung gelten unsere AGB als angenommen.
    1.5. Wenn diese AGB von Verbraucher sprechen, so gelten die diesbezüglichen Bestimmungen nur für Verbraucher, nicht aber für Unternehmer und/oder Wiederverkäufer.
  2. OFFER - CONCLUSION OF CONTRACT
    2.1. All offers are non-binding and do not oblige us to performance. Acceptance of an offer drafted by us is only possible with regard to the entire service offered. All conclusions and agreements are only binding for us when a contract has been signed by both parties. The same applies to verbal ancillary agreements as well as to subsequent amendments to the contract.
    2.2. If we nevertheless supply orders on the basis of verbal or telephone orders, the customer cannot invoke the fact that all conclusions, agreements, etc. become binding for us only by our written confirmation. In the event of delivery upon telephone orders, the consequences of any incorrect deliveries caused by hearing errors or misunderstandings shall be borne by the customer.
    2.3. Upon acceptance of an order, it is assumed that the customer is creditworthy and solvent. We therefore reserve the right to withdraw from the order, if, after its conclusion, we become aware of facts that could seriously jeopardise the customer's solvency or substantially reduce his creditworthiness.
    2.4. Documents, in particular illustrations, descriptions, drawings, brand specifications of our products and technical data are only approximates and not binding, unless they are expressly designated as binding. We provide information, technical advice and other details to our best knowledge, based on our experience, but also without obligation and without any liability. This also applies in the context ofcontractual negotiations.
    2.5. After placing the order, we shall prepare the execution plans based on the customer’s documents, which are to be signed by the customer. By signing the “Approval for Execution”, the proposed design, equipment and dimensions are approved.
    2.6. Aufträge eines Kunden sind für diesen unwiderrufbar.
    2.7. In the case of doorstep sales (§ 3 KSchG [Consumer Protection Act]) and distance contracts (§ 5 e KSchG [Consumer Protection Act]), the consumer may withdraw from the contract within a period of 7 working days without giving reasons. In the case of delivery of goods, the period begins on the day of receipt of the goods by the consumer, in case of services, on the day of conclusion of the contract. It is sufficient if the resignation is sent within this deadline. In case of resignation, the goods must be returned together with the resignation declaration at the customer's expense.
  3. QUOTATION
    3.1. Quotations are non-binding invitations to the customer to make an offer, which therefore does not oblige us to accept the order or to perform the services listed in the quotation. The order placed by a customer on the basis of the quotation is an offer to our company. A contract is only concluded in accordance with item 2.1.
    3.2. Für die Richtigkeit eines Kostenvoranschlages leisten wir keine Gewähr.
    3.3. Die mit der Erstellung eines Kostenvoranschlages über die bloße Errichtung desselben hinausgehend verbundenen Leistungen sind kostenpflichtig.
  4. CONFIDENTIALITY- COPYRIGHT
    We reserve the right of ownership and copyright, as well as the exclusive exploitation rights for all our offers, drawings, drafts, plans, illustrations, constructions and any similar documents. They are regarded as entrusted and may neither be made accessible to third parties without our consent nor be used or exploited outside this business relationship with us. They must immediately be returned upon request or if the contract is not concluded or terminated, for whatever reason. The customer is obliged not to allow any trade secrets that he becomes aware of within the scope of this business relationship to be disclosed to third parties under any circumstances.
  5. RATES - INVOICING
    5.1. Our price lists are constantly updated. Only the latest price list is valid. A customer cannot invoke printing errors in these price lists.
    5.2. Unsere Preise sind freibleibend.
    5.3. Our prices are valid within Austria and include packaging. This always includes the statutory value-added tax.
    5.4. Installation: The customer is obliged to pay the installation costs according to the actual expenditure in addition to our respective flat rate per hour. These only include wages, while travel expenses, accommodation, meals and lodging are not included. The customer must draw up installation reports in writing. Any additional expenses and waiting times not caused by us are charged to the customer, even if a flat rate for installation has expressly been agreed in the order confirmation or the installation costs are included in the agreed prices. A lockable room must be provided for tools, incidentals and the installers’ personal documents.
    5.5. Unforeseen supplementary services: Changes or additions will only be made on the basis of a written order signed by the customer or his representative at our current flat rates per hour. Supplementary work must also be paid by the customer if it has not expressly been confirmed by the customer. Additional material required will be invoiced separately.
  6. DELIVERY- TRANSPORT - RISK ASSUMPTION
    6.1. Unless expressly agreed otherwise in writing, an obligation to collect the goods is agreed with regard to assumption of risk, even if the delivery to the destination is made free of charge with the own or third-party vehicle or in parts or if it includes installation (see place of performance, item 12.1). The risk is always transferred to the customer when the goods are handed over to the carrier - of whatever kind (forwarding agent or freight carrier), at the latest however when leaving the factory or the warehouse, irrespective if the goods are delivered by us or a carrier.
    6.2. If no specific shipping regulations have been made at the time of order, shipping will be at our discretion to the cheapest means of transport, but without assuming responsibility. Dispatch route and means of transport are left to our choice and any liability is excluded. Complaints due to transport damages must immediately be reported by the customer directly to the transport company. Any liability for late delivery or transport damage is excluded, irrespective of whether the goods are delivered by us or a carrier.
    6.3. Freight-free prices require open, unobstructed traffic on the respective traffic routes. Dead freights are at the customer's expense. Delivery vehicles must be able to drive up to the unloading point unhindered and safe for traffic and be unloaded without delay. If the customer violates these traffic safety obligations, he is liable for any resulting damages, including damage to the delivery vehicle and any third-party claims.
    6.4. The customer must provide the required staff and transport equipment required for unloading free of charge. Furthermore, he must provide sanitary facilities, electrical and gas installations, as well as steam flues, chimneys, tank lines and other necessary on-site services, as well as scaffoldings and equipment required for the installation of devices and appliances free of charge.
    6.5. Eine Transportversicherung wird nur über ausdrücklichen, schriftlichen Wunsch des Kunden auf dessen Kosten abgeschlossen.
    6.6. Schäden jedweder Art an Bauteilen oder Diebstähle gehen nur dann zu unseren Lasten, wenn sie nachweisbar durch unsere Erfüllungsgehilfen verursacht wurden.
    6.7. The customer is obliged to ensure proper storage of the equipment and devices delivered by us. He shall be liable for any damage, in particular by third parties, due to inadequate storage, water, fire or collapse damage, theft or the like. We are not obliged to assume any risk or liability for the equipment and apparatus supplied by us, except in the case of gross negligence, even if the installation is the subject matter of the contract. The customer must provide sufficient protection against impact, soiling and damage, especially after installation has been completed.
    6.8. Aufbewahrungsmaßnahmen und Aufbewahrungskosten, die aus Gründen notwendig werden, die in der Sphäre des Kunden liegen, gehen zu Lasten und auf Kosten des Kunden und gelten als Ablieferung.
    6.9. If our delivery is not accepted at the contractually agreed time, we are entitled to arrange for storage at the customer’s expense and risk. However, we are also entitled to withdraw from the contract after setting a grace period.
    6.10. The customer shall bear any shipping expenses, unless agreed otherwise. Dead freights are at the customer's expense.
  7. DEADLINES
    7.1. Our information on delivery periods are approximates and generally non-binding. Damage claims by the customer due to late fulfilment are excluded.
    7.2. The delivery period starts with the execution approval, but not before the irrevocable receipt of the agreed down payment or the fulfilment of other obligations and reponsibilities by the customer (provision of official permits, etc.). This also applies if delivery deadlines and delivery dates have expressly been agreed. We shall also not be bound to delivery deadlines if the customer does not meet or comply with his obligations and responsibilities, which to which he is subject after conclusion of the contract, in particular also the terms of payment and all other necessary cooperative measures.
    7.3. Teillieferungen sind zulässig.
    7.4. If the customer does not fulfil his obligations and duties (refer to item 7.2) in time, the legal consequences of default in acceptance will immediately take effect. In case of default of acceptance, we are entitled to compensation for all expenses and damages caused by the delay or non-performance.
    7.5. Für etwaige sonstige von uns übernommene Leistungsfristen gelten die vorstehenden Regelungen sinngemäß.
    7.6. Unsere Lieferfristen (auch Nachbesserungs- und Ersatzlieferfristen) werden angemessen verlängert, wenn Ereignisse höherer Gewalt, Betriebsstörungen, Materialmangel, Streik, Verkehrsstörungen, Lieferstörungen bei Zulieferern, oder Umstände außerhalb unserer Einwirkungsmöglichkeit, die den Fällen höherer Gewalt in der Wirkung gleichkommen, eintreten und dadurch die terminliche Ausführung übernommener Aufträge unmöglich oder unzumutbar ist.
  8. DEFECT COMPLAINTS - WARRANTY - LIABILITY
    8.1. Wir leisten Gewähr für die vertragsmäßige Beschaffenheit unserer Produkte entsprechend dem bei Vertragsabschluß bekannten Stand der Technik und ausschließlich nach diesen Bedingungen.
    8.2. After our notification of completion, the customer must inspect the delivery and installation and confirm the take-over on the installation report or delivery note in writing. The take-over shall be deemed to have taken place if the customer does not cooperate despite two written requests or refuses to sign.
    8.3. In order to be effective, notifications of complaints must be made in writing via registered letter immediately, but at least within 8 days after receipt of the goods or after completion of the installation. The date of the postmark applies. The customer has to prove that the defect already existed at the relevant time, i.e. at the time of the transfer of the risk. The warranty period is one year from the risk transfer.
    8.4. The customer has to prove that the defect already existed at the relevant time, i.e. at the time of the transfer of the risk. Minor deviations in the dimensions or colours do not justify a complaint. If the complaint is not made in time and in the manner indicated, the goods are considered approved.
    8.5. Die Geltendmachung von Gegenforderungen durch Aufrechnung, die Einbehaltung des Kaufpreises und die Zurückbehaltung von Zahlungen oder eines Teiles hievon wegen erhobener Mängelrügen aller Art sind ausgeschlossen.
    8.6. Wir können die berechtigten Gewährleistungsansprüche nach unserer Wahl durch Austausch, Verbesserung oder Preisminderung befriedigen.
    8.7. Jede darüber hinausgehende Haftung außer für den Fall groben Verschuldens, das der Kunde zu beweisen hat, ist ausgeschlossen.
    8.8. Any guarantee going beyond the warranty provisions agreed above is stated in the offer, sales contract or order confirmation. The warranty period starts upon hand-over, but no later than 30 days after notification of completion. In this case, we undertake to repair and replace all parts as soon as possible, which have evidently become defective or unusable due to material or manufacturing defects during the warranty period. For this purpose, the rejected parts are to be sent to us free of charge. Immovable installations will be repaired on-site as far as possible. Parts that were replaced become our property. However, a warranty is excluded in case of improper handling, inadequate maintenance or excessive strain.
    8.9. Regressforderungen im Sinne des § 12 Produkthaftungsgesetz sind ausgeschlossen, es sei denn, der Regressberechtigte weist nach, dass der Fehler in unserer Sphäre verursacht und zumindest grob fahrlässig verschuldet worden ist.
  9. PAYMENT
    9.1. Payments are to be done in cash without any deductions. A discount deduction for immediate payment is only permitted after special written agreement. If any deductions (e.g. discounts) are expressly agreed, the customer shall only be entitled to these if all partial payments have been made within the agreed payment deadlines (or are effected pursuant to 9.2). Any deductions already made are added back to the final invoice.
    9.2. Mangels abweichender schriftlicher Vereinbarung sind die Zahlungen wie folgt fällig:
    9.2.1. one third of the total order amount at the latest when the contract is signed or upon receipt of the confirmation;
    9.2.2. on third on notification of readiness for delivery and installation;
    9.2.3. the remainder upon delivery or commencement of installation, but at the latest within one month from this date.
    9.4. Gerät der Kunde mit einer vereinbarten Zahlung oder sonstigen Leistung in Verzug, so können wir entweder auf Erfüllung des Vertrages bestehen und
    9.4.1. suspend the fulfilment of our own obligations until the customer’s outstanding payments or other services have been effected and
    9.4.2. claim a reasonable extension of delivery deadlines and
    9.4.3. declare the entire, outstanding purchase price and labour pay due, and
    9.4.4. charge default interest - also for consumers - in the amount of 8 percentage points over the base interest rate pursuant to § 1333 para 2 ABGB [Austrian Civil Code], at least 9 % p.a. from the due date or declare withdrawal from the contract, subject to a reasonable grace period. We reserve the right to assert damage claims. In this case, we are entitled to deliver outstanding supplies only against advance payment and to withdraw from all further contracts not yet fulfilled. This also applies if circumstances arise which are likely to reduce the creditworthiness or solvency of the customer.
    9.5. Advance payments already received will be withheld until any compensation payment has been determined. In addition, we are entitled to demand the return of all unpaid goods.
    9.6. Die Zurückhaltung von Zahlungen durch den Kunden ist jedenfalls unzulässig.
    9.7. Die Aufrechnung mit etwaigen Gegenforderungen ist jedenfalls unzulässig.
    9.8. In the event of the customer's default, he is obliged to reimburse us for all tariff-specific or identifiable and necessary costs for the pursuit of our claims, in particular reminder and intervention expenses, collection charges and attorney’s fees, whereby incoming payments are credited first against the costs mentioned, then against interest and other ancillary fees and only lastly against the goods subject to retention of title. In the event of default, all payment agreements and conditions will also be suspended. After payment of the costs incurred, payments shall always be offset against the oldest claims.
  10. RETENTION OF TITLE
    10.1. Die von uns gelieferten Waren bleiben bis zur vollständigen, baren Einlösung sämtlicher Verbindlichkeiten aus der Geschäftsverbindung, einschließlich eines etwaigen Kontokorrent-Saldos und der Kosten laut Punkt 9.8. in unserem unbeschränkten Eigentum.
    10.2. Der Kunde ist bei sonstiger Haftung verpflichtet, die unter Eigentumsvorbehalt oder im Miteigentum (vgl Punkt 10.4.) stehenden Liefergegenstände auf seine Kosten zum Neuwert gegen Verlust und sonstige Schäden zu versichern.
    10.3. The retention of title also extends to the items manufactured by processing. If the goods are combined or mixed (joined) with goods not belonging to us, we shall acquire co-ownership of this new item in the proportion of the value of our goods to that of the other combined item at the time of the combination. Our retention of title also extends to the new item.
    10.4. Prior to the transfer of ownership, the customer is not entitled to pledge the goods without our consent, or to assign them for security or the like. The customer is obliged to immediately inform us and a possible court representative about any pledge of the goods or if third parties assert rights thereon. In this case, subject to our right to make further claims, all of our claims shall become due immediately and any agreed payment deadlines will be cancelled.
    10.5. Die Geltendmachung des Eigentumsvorbehaltes durch uns stellt keinen Vertragsrücktritt dar.
  11. DELAY OF ACCEPTANCE
    If our delivery is not accepted at the contractually agreed time, we are entitled to arrange for storage at the customer’s expense and risk. However, we are also entitled to withdraw from the contract after setting a grace period.
  12. PLLACE OF PERFORMANCE- PLACE OF JURISDICTION - APPLICABLE RIGHT
    12.1. Erfüllungsort für Lieferung, Montage und Zahlung ist Dornbirn; dies auch dann, wenn die Übergabe vereinbarungsgemäß an einem anderen Ort erfolgt.
    12.2. Das Vertragsverhältnis unterliegt dem Recht der Republik Österreich unter Ausschluss des UN-Kaufrechtes.
    12.3. The exclusive place for jurisdiction for all disputes arising from the contractual relationship is the local court responsible for Dornbirn. However, we are also entitled to take legal action at the general place of jurisdiction of customer.
  13. SEVERABILITY CLAUSE
    Should any provision of these General Terms and Conditions be partially or completely invalid, only partial invalidity shall apply. All other provisions remain unaffected thereby. In place of the invalid
    provision, one of the provisions that come closest in economic terms, shall be deemed agreed.
  14. FULL WARRANTY
    14.1. Wir gewähren 1 Jahr Vollgarantie auf alle Teile, die während der Garantiezeit nachweisbar aufgrund von
    become defective due to material or fabrication errors. The full warranty includes material,
    labour, travel and any shipping costs.
    14.2. Ausgetauschte Teile gehen in unser Eigentum über.
    14.3. Die Garantie ist ausdrücklich ausgeschlossen im Falle unsachgemäßer Handhabung, mangelhafter Wartung, übermäßiger Beanspruchung, eines normalen Verschleißes etc., insbesondere daher im Falle
    - breakage of the ceramic plate
    - breakage of the potentiometer
    - a fan failure due to dirt
    - defects in the safety elements
    - in case of damaged seals (silicon joints).
    14.4. Für Erzeugnisse fremder Hersteller gelten die Garantiebestimmungen des betreffenden Herstellers.
  15. MATERIAL WARRANTY
    After expiry of the full warranty, we grant a 4-year material warranty on the induction technology and the griddle plates. Material guarantee means that only the costs for labour, travel and possible dispatch are to be borne by the customer.
  16. GENERAL
    In any case, the costs of work, travel and shipping will not be covered if it turns out that there is no warranty defect or no defect at all.