General Terms and Conditions
from Geppetto Holz GmbH, 8600 Oberaich, Sternenweg 4 (FN 378119 h), hereinafter also referred to as Geppetto Holz for short. The company Geppetto Holz is generally active in the business areas of planing and trading.
1. Scope of application
These general terms and conditions (GTC) apply to all business transactions between Geppetto Holz as the seller and its customers. Insofar as legal transactions are concluded with customers in the area of the Consumer Protection Act (KSchG), these terms and conditions only apply insofar as the corresponding protective provisions of the KSchG do not intervene. All deliveries, performances and services by Geppetto Holz take place exclusively on the basis of these terms and conditions. The Austrian timber trade practices are only applied on a subsidiary basis. In the case of deviating regulations, the provisions of these terms and conditions take precedence. Insofar as the buyer (customer) uses his own terms and conditions, these will not become part of the contract. This also applies if the buyer sends an order confirmation containing the terms and conditions. These terms and conditions are given to the customer before the contract is concluded, displayed in the Geppetto Holz business premises and made available for free downloading from the Internet address www.holz-austria.at. They are also used for follow-up business. The management of Geppetto Holz reserves the right to change the terms and conditions on a case-by-case basis. Changes must be made in writing and only apply to the individual business case.
2. Offers / order confirmation / conclusion of contract
All offers from Geppetto Holz are subject to change and non-binding. Information and statements about product properties in prospectuses, brochures, price lists, etc. are non-binding. A contract is only concluded when a written order confirmation is sent by Geppetto Holz. If this order confirmation deviates from the customer's offer, the customer can object within 3 working days. Otherwise, the contract is concluded with the changes in the order confirmation. Verbal or telephone agreements require written confirmation by the management of Geppetto Holz to be legally effective. Silence on the part of Geppetto Holz does not constitute consent. Geppetto Holz employees are not entitled to make legally binding business statements.
3. Delivery / transfer of risk
Unless another place of performance has been agreed in individual cases, the place of performance is our factory in Kapfenberg. On request, we will arrange for the goods to be loaded. The type of loading must be checked by the respective forwarding agent or carrier. We assume no guarantee or liability for proper loading. Upon completion of loading, the risk, burden and chance are transferred to the buyer. Delivery times are always considered to be non-binding unless a fixed date has been agreed in writing in individual cases.
4. Delay in delivery
We are not liable for delays in delivery that are not caused by intent or (gross) gross negligence on our part. We are also not liable for delays in delivery by our sub-suppliers for which we are not responsible, for delays in delivery due to machine breakdown, weather-related raw material failure, general raw material shortage, force majeure, strikes and the like. In these cases, the buyer waives his right to withdraw from the contract and the assertion of claims for damages from whatever title. In these cases, however, we are entitled to postpone fulfillment in accordance with the delivery hindrance or to withdraw from the contract in whole or in part.
5. Transport / freight costs
Unless otherwise agreed, the transport is carried out at the expense and expense of the buyer. The packaging is provided by us (included in the price), the disposal of the packaging is at the expense of the buyer. Unless the buyer chooses a specific form of transport, we are entitled to determine the route and type of dispatch at our reasonable discretion and to select the forwarding agent and carrier. We are not obliged to choose the cheapest way of shipping.
6. Prices / Payments
Unless otherwise agreed, the terms of payment stated on the respective offers / order confirmations or condition lists / price lists from Geppetto Holz apply. Accordingly, our invoices are due within 14 days of the invoice date. The invoice amount is to be paid to the account announced by Geppetto Holz free of charge and without any deduction. A discount must be agreed on a case-by-case basis, whereby the discount period begins to run from the invoice date and a discount may only be deducted if no other claims are outstanding. Deducted bank charges for transfers will be offset afterwards. Checks and bills of exchange are only accepted by special agreement and only on account of payment and not in lieu of payment. Any expenses and costs are borne by the buyer. Offsetting against counterclaims of any kind by the buyer is not permitted and requires a special agreement in individual cases. If the payment deadline is exceeded, if there is default in acceptance or if the deadline is missed, interest on arrears of 8% per annum above the base rate of the European Central Bank (ECB) is agreed. If the buyer is in default in fulfilling his obligations, he is obliged to reimburse all appropriate judicial and extrajudicial collection costs (reminder costs, legal fees, costs of a debt collection agency, etc.) in addition to the default interest.
7. Reservation of title
The goods we deliver remain our property until the agreed price has been paid in full. Until then, the buyer is obliged to transport and store the goods carefully and to insure them adequately against all damage. Even after our goods have been passed on, our claims are to be covered from the proceeds of further processing. In the event that the goods are destroyed, the buyer irrevocably assigns the insurance benefit from the damage in question to us. Payments from the settlement of claims are to be made exclusively to us up to the agreed purchase price including interest on arrears and collection costs. If our goods are further processed and combined with other items, we are co-owners of the new item in the amount of the proportion resulting from the value of the processed reserved goods to the value of the new item. In the event that the goods are resold, the buyer must transfer Geppetto Holz's retention of title to the buyer. In the event of any other liability for damages, the buyer is obliged to provide Geppetto Holz with all necessary information about the resale. In the event of default in payment, we are entitled, at our discretion, to withdraw from the contract and request the return of the goods and then utilize them with a covering sale or to insist on the fulfillment of the contract, whereby the buyer has to compensate for all disadvantages caused by the delay. In any case, the buyer is liable for the lost profit resulting from a covering sale as well as for the default interest and for the appropriate judicial and extrajudicial collection costs.
8. Warranty / notification of defects
Information about the quality and quantity of the goods as well as about delivery times are non-binding on our part, unless specifically agreed otherwise. Geppetto Holz only guarantees properties that have been expressly agreed in writing. Incidentally, Geppetto Holz does not provide any guarantee for any material defects or for a specific income. A complaint about the goods is to be raised immediately if both contracting parties or their representatives are present when the goods are handed over and there is the possibility of an on-site inspection. Incidentally, the notification of defects according to Section 377 of the Commercial Code (UGB) must be made within seven working days after the goods have been handed over by means of a written letter. If this provision is not observed, the goods are deemed to have been approved. If Geppetto Holz has a warranty obligation, defective goods will be improved or replaced at Geppetto Holz's option. A price reduction, contestation or adjustment of the contract due to error, compensation or rescission or withdrawal from the contract are excluded. The regulations of §§ 27 to 30 of the Austrian timber trade apply subsidiary.
9. Compensation for damages / product liability
Any liability on the part of Geppetto Holz is limited to (blatantly) grossly negligent or willful damage and is also limited to the value of the goods. Compensation for consequential damage caused by a defect is excluded. We are not liable for defects, consequential damage or damage caused by improper handling or processing of our goods. The suitability of the goods delivered by us for the purpose intended by the buyer is not promised on our part and is at the expense of the buyer. Claims for damages must be asserted in court within one year from the occurrence of the damage, if otherwise excluded. The buyer waives in advance all rights of recourse against us in accordance with Section 12 of the Product Liability Act (PHG). In the event that products are passed on that have been produced with our goods - in whole or in part - he is obliged to transfer this waiver in full to his customers, including with this integration obligation as an obligation of all other customers, so that we acquire the right from it directly to independently counter this exclusion of recourse to persons entitled according to § 12 PHG. We do not guarantee that the goods passed on by us to the buyer, even as parts of the products manufactured by the buyer or his customers, are free of defects in the sense of the PHG.
10. Place of fulfillment / place of jurisdiction
The place of performance for all obligations under the contract is the headquarters of Geppetto Holz in the political municipality of Kapfenberg. For all legal disputes about the existence or non-existence of a contractual relationship and for all legal disputes arising from a contractual relationship, the parties agree to the jurisdiction of the competent court according to the place of business of Geppetto Holz in accordance with Section 104 Jurisdiction Standard (JN). At our option, however, the client can also be sued at his general place of jurisdiction.
11. Data protection / change of address / copyright
The customer gives his consent that his personal data contained in contracts may be automatically saved and processed by us. Changes to the place of residence or the business address must be notified to us, otherwise declarations to the last known address are deemed to have been delivered. Samples, catalogs, brochures, illustrations and planning work remain the intellectual property of Geppetto Holz. The customer does not receive any rights of use or exploitation of any kind.
12. Applicable Law
Austrian law applies exclusively to all deliveries and services, excluding UN sales law and other conflict-of-law rules.
Should one or more provisions of these terms and conditions be invalid or inadmissible, this shall not affect the validity and applicability of the remaining provisions. In this case, the provisions of the Austrian timber trade and Austrian law apply in this order in a subsidiary manner.