1. Scope
1.1.
These General Terms and Conditions apply to legal transactions between JURA CEE VertriebsgesmbH, Simmeringer Hauptstrasse 24, A-1110 Vienna (hereinafter referred to as the seller) and companies (hereinafter referred to as the buyer) and specifically for the delivery of goods and, accordingly, for the provision of services.
1.2.
Regulations that deviate from or supplement these general terms and conditions - in particular the buyer's general terms and conditions or purchasing conditions - will only become part of the contract if this has been expressly confirmed in writing by JURA CEE VertriebsgesmH.
2. Offer
2.1.
Offers from the seller are considered non-binding.
2.2.
All offer and project documents may neither be reproduced nor made accessible to third parties without the consent of the seller. They can be reclaimed at any time and must be returned to the seller immediately if the order is placed elsewhere.
3. Conclusion of contract
3.1.
The contract is considered concluded if the seller has sent a written order confirmation or a delivery after receiving the order.
3.2.
The information contained in catalogs, brochures, etc. as well as other written or oral statements are only relevant if they are expressly referred to in the order confirmation.
4. Price
4.1.
The net prices valid for the buyer on the day of invoicing will be applied and charged. Any fees must be paid by the buyer. Prices subject to change.
4.2.
All prices are in EURO.
5. Delivery and transfer of risk
5.1.
Delivery conditions - See valid price list or the currently valid annual agreement.
5.2.
The delivery times and dates will be adhered to by the seller wherever possible. Unless expressly agreed as binding, they are non-binding and are always understood to be the estimated time of availability and handover to the buyer.
5.3.
Partial invoices are always permitted for partial deliveries.
6. Payment and retention of title
6.1.
Unless payment terms have been agreed, the invoice must be paid within 14 days without any deductions. Unjustified deductions will be charged subsequently.
6.2.
The buyer is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
6.3.
A payment is deemed to have been made on the day on which the seller can dispose of it.
6.4.
If the buyer is in default with an agreed payment or other service from this or other transactions, the seller can, without prejudice to his other rights, postpone the fulfillment of his own obligations until this payment or other service has been made and can claim a reasonable extension of the delivery period.
6.5.
In any case, the seller is entitled to charge pre-litigation costs, in particular reminder fees and legal fees.
6.6.
Any discounts or bonuses granted are conditional on the timely payment being made in full.
6.7.
The seller retains ownership of all goods delivered until they have been paid for in full
Invoice amounts plus interest and costs.
7. Warranty
7.1.
Any defects thatoccur must be reported to JURA CEE VertriebsgesmbH in writing immediately, but no later than within 8 days of receipt of the goods. If the complaint is lodged late, any claims for damages against JURA CEE VertriebsgesmbH will be forfeited.
7.2.
The warranty period is 6 months from acceptance in accordance with point 5 of these general terms and conditions.
7.3.
The existence of defects must be proven by the buyer. § 924 ABGB (“Vermutung der Mangelhaftigkeit” = presumption of defectiveness) does not apply.
7.4.
In the case of a warranty, the seller is entitled to determine the type of warranty (improvement, replacement, price reduction or conversion) himself. The provision of § 933b ABGB (“Rückgriff in der Händlerkette” = recourse in the dealer chain) does not apply.
7.5.
The international guarantee conditions of JURA Elektroapparate AG (Kaffeeweltstrasse 10, 4626 Niederbuchsiten, Switzerland) as listed in the guarantee certificate apply.
8. Return of goods
8.1.
Return deliveries will only be processed after agreement with the seller. All associated costs are borne by the buyer.
9. Damages
9.1.
In all applicable cases, the seller is only obliged to pay compensation in the event of intent or gross negligence. Liability expires 6 months after the buyer becomes aware of the damage and the perpetrator.
9.2.
The seller is not liable for indirect damages, loss of profits, loss of interest, lack of savings, consequential and financial losses, damages from third-party claims as well as for the loss of data and their restoration.
9.3.
Any penalty agreed between the contractual partners is subject to the judicial right of moderation.
10. Copyright
10.1.
The image and text material of JURA CEE VertriebsgesmbH, in particular logos, photos, texts, designs, etc. are the property of JURA CEE VertriebsgesmbH and are protected by law.
11. Severability clause and general provisions
11.1.
If individual provisions of this contract are invalid, the remaining provisions will not be affected. The ineffective provision must be replaced by a valid one that comes as close as possible to the intended goal.
11.2.
To be effective, all changes and/or additions to this agreement require a written agreement that must be signed by all contracting parties.
12. Applicable law, place of jurisdiction and place of performance
12.1.
The legal relationship between JURA CEE VertriebsgesmbH and the buyer is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards. This applies both to the question of the conclusion of this contract and to its after-effects.
12.2.
The place of jurisdiction for all disputes arising from the business relationship between JURA CEE VertriebsgesmbH and the buyer is Vienna.
12.3.
The place of performance is JURA CEE VertriebsgesmbH, Simmeringer Hauptstrasse 24, A-1110 Vienna