GENERAL TERMS AND CONDITIONS

Signage Multi Profile GmbH

General Terms and Conditions of Sale and Delivery

§ 1 Applicability of Terms and Conditions

(1) The seller's deliveries, services and offers are made exclusively on the basis of these terms and conditions. These therefore apply to all future business relationships, even if they are not expressly agreed again. At the latest upon receipt of the goods or service, these conditions shall be deemed accepted. Counter-confirmations by the buyer referring to his terms and conditions of business or purchase are hereby rejected.

(2) All agreements made between the seller and the buyer for the purpose of executing this contract must be documented in writing.

§ 2 Offer and Conclusion of Contract

(1) The seller's offers are non-binding and without obligation. Acceptances and all orders require written confirmation by the seller to be legally effective.

(2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing.

(3) The seller's sales staff are not authorized to make oral side agreements or give oral assurances that go beyond the content of the written contract.

§ 3 Prices

(1) Unless otherwise stated, the seller is bound by the prices contained in its offers for 14 days from their date. Otherwise, the prices stated in the seller's order confirmation plus the respective statutory sales tax shall apply. Additional deliveries and services are charged separately.

(2) Unless otherwise agreed, prices are ex place of shipment plus packaging and transport costs.

§ 4 Delivery and Performance Time

(1) Delivery dates or periods, whether binding or non-binding, must be in writing.

(2) Delays in delivery and performance due to force majeure and events that make delivery substantially more difficult or impossible for the seller, not merely temporarily – this includes in particular strikes, lockouts, official orders, etc., even if they occur at the seller's suppliers or their sub-suppliers. These entitle the seller to postpone delivery or performance by the duration of the obstruction plus a reasonable start-up period, or to withdraw wholly or partly from the contract with respect to the part not yet fulfilled.

(3) If the obstruction lasts longer than three months, the buyer is entitled, after setting an appropriate grace period, to withdraw from the contract with respect to the part not yet fulfilled. If the delivery time is extended or the seller is released from its obligation, the buyer cannot derive any claims for damages from this. The seller can only invoke the stated circumstances if it notifies the buyer immediately.

(4) If the seller is responsible for non-compliance with binding agreed periods and dates or is in default, the buyer is entitled to compensation for delay in the amount of 0.5% for each completed week of delay, but in total no more than 5% of the invoice amount of the deliveries and services affected by the delay. Claims beyond this are excluded, unless the delay is due to at least gross negligence on the part of the seller.

(5) The seller is entitled to make partial deliveries and partial performances at any time, unless the partial delivery or partial performance is of no interest to the buyer.

(6) The seller's compliance with its delivery and performance obligations is conditional upon the timely and proper fulfillment of the buyer's obligations.

(7) If the buyer is in default of acceptance, the seller is entitled to demand compensation for the damage incurred; upon the occurrence of acceptance default, the risk of accidental deterioration and accidental loss passes to the buyer.

§ 5 Transfer of Risk

The risk passes to the buyer as soon as the shipment is handed over to the person carrying out the transport or leaves the seller's warehouse for shipment. If shipment is delayed at the buyer's request, the risk passes to the buyer upon notification of readiness for shipment.

§ 6 Buyer's Rights Due to Defects

(1) The products are delivered free from manufacturing and material defects; the period for asserting claims for defects is 7 business days from delivery of the products.

(2) The buyer undertakes to thoroughly inspect the goods immediately upon receipt and to notify any objections in writing within 7 business days of receipt of the delivered item.

(3) Liability for normal wear and tear is excluded.

(4) Claims for defects against the seller are only available to the direct buyer and are not transferable.

(5) The warranty period for movable goods is 12 months from delivery/performance.

(6) In case of defect remediation, we bear the expenses up to a maximum of the purchase price.

§ 7 Right of Withdrawal

You may withdraw your order within one week without stating reasons in text form as a letter or by returning the goods. The period begins upon receipt of this instruction in our General Terms and Conditions. To comply with the withdrawal period, timely dispatch of the withdrawal is sufficient. The withdrawal must be made in writing by email to profile@multi-profile.at.

The buyer bears the costs of return. Obligations to refund payments must be fulfilled within 30 days of sending your withdrawal declaration.

§ 8 Retention of Title

(1) Our deliveries are made under retention of title. Ownership of all delivered goods passes to the buyer only when all our claims, including ancillary claims, have been paid and any account overdraft balances have been settled.

§ 9 Payment

(1) Unless otherwise agreed, the seller's invoices are payable immediately upon invoicing without deduction. The seller is entitled, notwithstanding any contrary provisions of the buyer, to apply payments first to the buyer's older debts and will inform the buyer of the manner of the offset made. If costs and interest have already accrued, the seller is entitled to apply the payment first to costs, then to interest, and finally to the principal performance.

(2) Payment is only deemed to have been made when the seller can dispose of the amount. In the case of checks, payment is only deemed to have been made when the check is cashed.

(3) If the buyer is in default of payment, the seller is entitled to demand interest from that point in time at the rate of 14 percentage points above the base interest rate as flat-rate compensation for damages. These must be set lower if the buyer proves a lower burden; proof of higher damage by the seller is permitted.

(4) If the seller becomes aware of circumstances that call into question the buyer's creditworthiness, in particular a check not being cashed or the buyer ceasing payments, or if the seller becomes aware of other circumstances that call into question the buyer's creditworthiness, the seller is entitled to declare the entire remaining debt due. In this case, the seller is also entitled to demand advance payment or security.

(5) The buyer is only entitled to set-off, withholding or reduction, even if defect complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the buyer is also entitled to withhold payment for counterclaims arising from the same contractual relationship.

(6) If the buyer does not immediately give us the opportunity to convince ourselves of the defect, in particular if he does not immediately make the disputed goods available for inspection purposes upon request, all rights due to the material defect shall be forfeited.

§ 10 EAG Regulation - WEEE

All electrical equipment we place on the market in Austria is exempted at Interzero Austria GmbH under manufacturer number: 1001208. Our customers can return waste electrical equipment free of charge to municipal collection points or to the following collection system acceptance points for recycling.

PDF Download: EAG_Uebernahmestellen_2022_04_11.pdf

§ 11 Design Patent Protection

(1) Our profiles are protected as registered designs under GM275/2013. Reproduction for personal use as well as for commercial distribution to third parties is expressly prohibited and will be prosecuted in court.

§ 12 Confidentiality

Unless expressly agreed otherwise in writing, information provided to the seller in connection with orders is not considered confidential.

§ 13 Liability

(1) Claims for damages are excluded regardless of the type of breach of duty, including unlawful acts, unless there is intentional or gross negligent conduct.

(2) It is the buyer's responsibility to check whether the ordered goods or goods proposed by us are suitable for the intended use. We do not assume any warranty for suitability.

(3) To the extent the seller's liability is excluded or limited, this also applies to employees, workers, representatives and performance assistants of the seller.

§ 14 Place of Performance, Jurisdiction and Applicable Law

(1) The place of performance for our deliveries is, in the case of delivery ex works, the delivery plant; for all other deliveries, our warehouse.

(2) For all legal relationships between us and the buyer, Austrian non-unified law applies in addition to these conditions, in particular the ABGB/HGB. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

(3) Should any of the foregoing conditions be invalid for any legal reason, this shall not affect the validity of the remaining provisions.

(4) The place of jurisdiction for both parties is Korneuburg.