GTC
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General terms and conditions (GTC)
of the company E-Werk Gleinstätten (in the following KTG)
valid for all business areas which do not dispose of separate GTC.

edition 2010

 

I.) Scope of agreement

Delivery of goods and services as well as their implementation will only be performed according to our GTC. Deviating customer´s conditions are subject to our explicit written confirmation.

 

II.) Contract conclusion

a) Cost estimations

Cost estimations are provided against payment whereas the paid amount will be credited in case of order placement.

b) Offers

Offers will only be presented in written form. Oral amendments, supplements and additional agreements are non-binding for us.

c) Assignments and orders

If assignments and orders do not refer to a binding offer provided by KTG a written confirmation on these assignments and orders is needed to reach legal contract status. The act of sending or handing over ordered goods to the customer as well as the taking over of equipment by KTG for repair services does also generate a valid legal contract status.

 

III.) Prices

a) If the time span between contract conclusion and the date of delivery exceeds two months and if deviances of wages, cost prices for goods or applicable material are noticed during this time span, which are caused by influences such as law, other authority regulations and changes of world market prices and thus are not in the sphere of KTG´s influence, then all prices affected by these changes will be increased or decreased in relation to these deviances.

b) Without the existence of a binding cost estimation repair services will be charged on effective costs.

c) In addition to sales prices for commodities the costs for delivery, assembly and / or implementation will be charged separately.

 

IV.) Changes of performance

a) Minor modifications from the ordered assignments and services will be accepted in case of basically feasible changes or modifications which are insignificant and objectively justifiable (e.g. regarding technical issues).

b) If order changes cause additional services KTG is entitled to charge these services according to custom and usage.

 

V.) Delivery and implementation

a) KTG is only obligated to deliver and implement services and goods if the customer can fulfil all constructional, technical and legal requirements. This also includes the existence of legal permissions of third parties. KTG is entitled to initiate required authority notice on customer´s account.

b) For the implementation period KTG must be provided with suitable locations to safely store all tools and material.

c) Water and electricity needed for the implementation works, including a test run, must be provided by the customer free of charge.

d) If an order shall be fulfilled on short term notice, either due to its nature or upon customer´s request, and was this circumstance not known at the date of signing the contract then KTG is entitled to charge the expenditures such as for overtime work, additional material a.s.o. separately.

 

VI.) Period of delivery

a) To KTG foreseen dates for delivery and completion are only binding if having been confirmed by KTG in advance. The customer is only entitled to a cancellation of contract due to breach of delivery period after having set a grace period of minimum four weeks.

b) If the contract´s fulfilment is delayed by circumstances which are not in the sphere of KTG all other mandatory dates and periods will be prolonged.

c) If the customer cannot clear these circumstances within a moderate grace period defined by KTG, KTG is entitled to bring all material and equipment reserved for the execution of this order to other usage. In case of continuation of this order the initial dates will no longer be obligatory for KTG but will need to be defined on a new base.

 

VII.) Default of acceptance

If the customer has impeded the execution of the agreed performance or has not taken over the goods - as initially agreed - KTG is entitled to either insist on completion of the contract or to withdraw from the contract after having set an adequate grace period.

 

VIII.) Payment

a) Purchases of electrical equipment in our store are provided against cash payment.

b) In case of a service contract the customer is obligated to make down payments depending on the progress of the project performance if requested by KTG.

c) In case of default of performance acc. to art. VI.) KTG is entitled to invoice all accomplished services.

d) Poor pecuniary performance of the customer, which came to the KTG´s notice after having signed the contract, does entitle KTG to invoice all services which have been accomplished so far immediately and to continue further services and works only upon adequate customer´s securities.

e) In case of default of payment the legal default rate is eight percentage points above the basic interest rate. Furthermore the customer has to pay an amount of € 5,- per dunning letter. In addition the customer is obligated to reimburse costs caused by preserving our legal rights by the means of a debt collecting agency up to the maximal amount resulting form the according regulations of the Austrian Ministry of Economic Affairs.

 

IX.) Title retention

a) All delivered and installed goods will remain KTG´s property until their complete payment.

b) The customer is not entitled to dispose of goods which are still KTG´s legal property, especially to sell them, mortgage them or to assign them for security reasons. The customer is obligated to inform KTG immediately upon access of third parties e.g. in case of execution.

c) If the customer is in default of payment or if KTG gains knowledge of circumstances acc. to art. VIII.) c), KTG is entitled to enforce title retention and to insist on surrendering all goods or on de-installing of delivered equipment which are subject to title retention, with the legal consequence of complete contract withdrawal.

d) KTG is entitled to turn all equipment handed over for repair services subject to title retention until all services and expenditures have been paid completely.

(Achtung: Nummerierung in Deutsch richtig stellen à 2 x a)

 

X.) Withdrawal from contract

a) Beside all general legal regulations KTG is entitled to withdraw from the contract in case of default of acceptance (art. VII.), bankruptcy or rejected petition for composition proceeding against the customer´s assets due to insufficient funds.

b) In case of default of customer´s payment KTG is entitled to repress open deliveries and services, to insist on down payment and securities and to withdraw from the contract after having set an adequate grace period.

c) If the customer withdraws form the contract without any legal title KTG is entitled to either insist on completion or to agree upon annulment of the contract.

d) In all cases where the withdrawal is initiated by the customer or in case of KTG´s agreement to the contract´s annulment KTG is entitled to call for a lump sum penalty of 15% of the gross amount of invoice or optionally to insist on substitution of the effectively caused damage.

 

XI.) Limitation of performance range

a) In the process of assembly and reinstatement works it is inevitable to cause damage

aa) to already existing wiring and equipment as a result of unrecognizable circumstances or default material

bb) during pry works in torn and lose walls.

KTG does not take any warranty for such damage; the customer has to repair these damages on his own behalf and costs.

b) In case that a repair service on handed over goods or equipment is technically or economically not possible anymore KTG is free of any further service obligations. Furthermore KTG is entitled to invoice all occurred and necessary expenditure to the customer.

c) Upon KTG´s first notice the customer is obligated to collect his property. If he does not fulfil this obligation within an adequate grace period of 6 weeks KTG is entitle to remove these goods and to charge the customer with all related removal costs or to compensate these expenditures with his electricity account.

 

XII.) Warranty

a) Warranty is granted according to law. For obvious defects already recognizable at the time of hand over, take over or installation of contractual services no warranty is granted according to § 928 ABGB.

b) For equipment or material provided by the customer no warranty is granted.

 

XIII.) Indemnification

a) All claims for damages against KTG shall only exist insofar as it has been established by the customer that KTG has acted wilfully or in gross negligence. This only applies if no personal injury or damage to a device, taken in for service, is caused.

b) In a first step the customer can only insist on melioration or replacement of the service / equipment as indemnification, pecuniary substitution or price deduction can only be demanded if KTG has been in default with the fulfilment of warranty claims.

 

XIV.) Place of performance, data protechtion, changes of address

a) Place of performance is the headquarter of E-Werk Gleinstätten GmbH (KTG) in 8443 Gleinstätten 5, Austria.

b) The customer is obligated to give notice to KTG in case of any changes of his contact address. Otherwise all mailings sent to his latest address know to KTG are regarded to be correctly transmitted.

c) The customer agrees that all personal data of this contract is computer stored and processed by KTG.

d) All technical documents, catalogues, drawings and similar remain intellectual property of KTG and must not by used for any other purpose.

 

XV.) Severability clause

If any provision of this agreement is void or unenforceable, the remaining provisions of this agreement, shall keep their validity or enforcement.