General business and payment terms
the ATSW 24h Service GmbH
Simmeringer Hauptstrasse 261, 1110 Vienna
The following conditions apply to all our delivery transactions. Deviating purchasing and other terms and conditions of the buyer are expressly not recognized, even if we do not expressly disagree. Consultations and explanations, which deviate from our technical guidelines, as well as agreements on price, payment and delivery conditions, become binding only after our written acceptance of the customer order. The customer must check this declaration of acceptance immediately upon receipt.
The non-binding prices stated in our price lists or the prices stated in the order confirmation of the seller apply. All prices are to be understood plus the legal value added tax and are represented accordingly clearly. All prices of the respective current price list are to be understood from the seller’s location, without packaging, freight, postage or other shipping costs and without insurance. Discounts or discounts are only valid after a written agreement. All prices are non-binding and are to pick up the goods at the agreed location of the seller.
The seller reserves the right to change his prices so that any cost reductions or cost increases due to material price changes occurring after the conclusion of the contract.
Complaints or defects due to recognizable defects, incomplete or incorrect delivery, any transport damage must be reported to the seller immediately in writing with accurate details. Defects that can not be detected even during the most careful examination within this period must be reported in writing immediately after their discovery. Upon receipt of an already externally damaged goods, the complaint must be addressed directly to the carrier. For recognizable defects at the handover, which are not reported in writing, there is no warranty. In the case of legitimate complaints, the seller makes the choice for rectification and / or replacement, to the exclusion of other claims. Price reduction right is excluded if, within a reasonable time, addendum to missing, for improvement or replacement by the seller. In the case of a removal of defects, the seller is obliged to bear the costs for necessary expenses, such as labor or material costs, which serve to remedy the defect. The shipping costs of the buyer to and from the place of performance will not be accepted. Furthermore, the buyer undertakes to return the defective parts to the seller or to a collector hired by the seller. If an improvement, replacement or replacement is not possible, then the buyer is entitled to price reduction or conversion. Customary or technical deviations in dimension, equipment, material or color do not entitle to a complaint. The warranty does not cover damage caused by wear, improper transport, improper handling etc were caused. The statutory warranty is also excluded for damage caused by improper operation, failure to observe the operating instructions and other regulations, as well as repairs by the customer or third parties.
Purchase application, conclusion of contract and resignation
The acceptance of the buyer’s purchase offer by the seller can be refused within 14 days without giving reasons. Unless stated in writing in the offer, the buyer is bound to his purchase offer for four weeks.
If the buyer withdraws from the contract after conclusion of the contract, but before the start of production of the goods, the seller is entitled to demand a distance equal to the already incurred administration costs and other possible costs. If the buyer withdraws from the contract after conclusion of the contract and when the production has already started, the seller is entitled to demand a distance equal to 20% of the purchase price. In the case of custom-made products, the seller may claim a distance equal to 60% of the purchase price, without prejudice to the right to assert further damage.
The seller may dissolve the contractual relationship prematurely and immediately if the buyer’s financial situation gives rise to doubtful creditworthiness, or the buyer has provided false information or if the buyer has become insolvent, or insolvency proceedings have been initiated through his company.
Unless otherwise agreed, our invoices are due from the date of issue and full payment must be made immediately, at least prior to collection or delivery of the goods in question. The issuing of invoices may take place in writing by post, by fax or in electronic form. All payments must be made directly to the seller, all payments to agents or other persons are at the buyer’s own risk. For payment, the entire amount stated in the invoice, discounts or discounts can only be agreed expressly in writing.
Terms of delivery and acceptance
Until full payment of the goods and payment of all existing claims to the buyer, this remains our property, even if this was already traveled to the customer. In the event that the goods are not fully paid to third parties, seized by third parties, executed by the authorities, the buyer is obliged to inform the seller immediately in writing, so that the existing reservation of title against third parties can be asserted. The buyer undertakes to continue to inform third parties about the reservation of title. If we take back a product from us on the basis of this retention of title, the buyer shall be liable for any reduction resulting from resale, and he shall also bear the costs of a return transport and any possible further transport to third parties. The buyer has the obligation to take all measures necessary for the defense when access by third on the goods, should the costs of the measures necessary for defense prove to be not recoverable, then the buyer has the obligation to indemnify us. The assertion of the retention of title shall only be deemed to be rescinded if this is expressly declared in writing by the seller. The seller reserves the right to withdraw from the contract in case of filing an insolvency petition. The buyer undertakes to surrender all goods before opening insolvency proceedings. so the buyer has the obligation to indemnify us. The assertion of the retention of title shall only be deemed to be rescinded if this is expressly declared in writing by the seller. The seller reserves the right to withdraw from the contract in case of filing an insolvency petition. The buyer undertakes to surrender all goods before opening insolvency proceedings. so the buyer has the obligation to indemnify us. The assertion of the retention of title shall only be deemed to be rescinded if this is expressly declared in writing by the seller. The seller reserves the right to withdraw from the contract in case of filing an insolvency petition. The buyer undertakes to surrender all goods before opening insolvency proceedings.
The warranty assumed by the seller expires if improper repair work is carried out on the delivered item by the buyer or by third parties or if the object has been changed by attaching or installing parts. The resulting damage and consequential damages are not claims for defects. The statutory warranty is also excluded in the event of damage resulting from improper use, misuse, excessive use of unsuitable equipment, faulty or negligent use, failure to comply with the operating instructions or operating instructions and other regulations. Likewise no warranty exists after repairs by the customer or by third parties. Natural wear and damage, which is due to improper and / or negligent treatment or use, are excluded from the warranty. In addition, the warranty is excluded if it is found that the total weight or axle load, payload or chassis load permitted by the Highway Code has been exceeded.
Color deviations of coatings, as well as coloring of parts, as well as commercial or technical conditional deviations in dimension, equipment or material represent no defect.
Should one of the above or agreed special conditions be legally ineffective, this shall be without effect on the validity of the remaining conditions.
The seller is liable only for damage caused by intentional or grossly negligent actions or in the event of a breach of essential contractual obligations, culpable violation of essential contractual obligations shall only be liable for contractually typical, foreseeable damages.
The same principles apply to the liability of the vicarious agents and vicarious agents of the seller. Exclusion or limitation of liability shall not apply to damage resulting from injury to life, limb or health caused by a gross negligent breach of duty or intent on the part of the seller.
Place of fulfillment
Unless expressly agreed in writing, the location of the seller applies.
For all legal disputes arising from this legal transaction, the exclusive jurisdiction of the competent court in Graz is agreed.
According to §22 data protection law we inform that data of our customers are stored and processed electronically for the purpose of the contract management and business transaction and are not passed on to third parties.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact us
………………………………………….. ………………………………………….. ….
[Name, address, telephone number, fax number, e-mail address]
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
(If you want to cancel the contract, please fill in this form and send it back)
[insert the name, address and if applicable the fax number and e-mail address of the entrepreneur by the entrepreneur]
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
-Posted on (*) / received on (*)
-Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only on paper)
(*) Delete as appropriate