1. Our deliveries and services, including all subsequent transactions, are provided exclusively on the basis of these Terms and Conditions of Delivery. The terms and conditions of the customer are hereby excluded from this agreement.

2. Our offers, price lists and estimates are non-binding. All orders and agreements, as well as any promises made by representatives, require our written confirmation to be valid.

3. All our delivery/service dates and delivery/service deadlines are approximate. Claims for damages by the customer due to delayed delivery/service or non-fulfillment are excluded. Partial services already rendered must be accepted and paid for by the customer. Partial deliveries/services and partial invoicing are permissible but are to be paid by the customer at the specified payment conditions. If a grace period set by the customer has been exceeded through no fault of our own, the customer shall not be entitled to withdraw from the contract. The customer may withdraw from the contract at the earliest three months after the original delivery date.

4. Our goods shall be transferred to the customer from our location in Roitham, Austria or from the location of the subcontractor commissioned by us. The customer always bears the full risk if goods are shipped, even if the freight and other costs are borne by us. The risk shall pass to the customer when the goods are handed over to the carrier etc. We shall only insure the goods against damage in transit on written instruction and at the customer's expense. Unless otherwise agreed on an individual basis, our deliveries in Austria shall be free of charge. If the customer does not accept the goods, we can withdraw from the contract after setting a 14-day deadline and/or demand compensation for breach of contract. We are entitled to demand either 25 percent of the agreed order amount without proof of damage or compensation for the actual damage incurred. Any return of goods by the customer shall require our written consent and shall be at the customer's expense and risk. The packing list number and/or invoice number must be included with every return shipment.

5. Our charges are calculated based on our location in Roitham, Austria, plus VAT. Unless otherwise agreed in writing, our invoices must be paid in full within ten days of the invoice date. Only timely payment in full in cash shall entitle the customer to a discount. If a customer is placing an order for the first time, the customer must pay the entire sum in advance; delivery will only take place after payment in full has been received. The customer is not entitled to withhold payments for any reason whatsoever or to declare a set-off against our claims. Insofar as the customer is entitled to a right to withhold payment for a delivery or service rendered, it is strictly limited to the capital sum required as cover for reasonable improvement costs. Insofar as the customer is entitled to interest on arrears against us, interest shall be limited to 4% above the applicable ECB base lending rate.

6. Our technical specifications and descriptions of the delivery item are non-binding approximations. Any drafts, plans and other documents prepared by us are our sole property and may not be used by the customer or made accessible to third parties.

7. The delivered goods shall remain our property until full payment has been rendered and all our claims arising from the business relationship with the customer, including ancillary claims. If the customer defaults on its payment obligation to us or fails to meet one of the obligations arising from the agreed retention of title, the entire outstanding claim shall become due immediately. We are entitled to demand the surrender of the goods in our ownership even without withdrawing from the contract and to collect them from the customer. The customer waives the right to assert a right of retention.

8. To the exclusion of all other claims, the customer is obliged to inspect the goods delivered or the work performed immediately upon receipt of the delivery or a notice of completion from us using all possible means. The customer must notify us in detail immediately by registered letter of any defects found. Likewise, defects which come to light later must be reported in writing immediately upon discovery. The warranty period for movable goods is six months. The burden of proof that a defect for which we are responsible was present at the time of delivery lies with the customer. We can fulfill warranty claims at our discretion and in such a way that the defect is remedied or replaced by defect-free goods or a reasonable price reduction is granted. We will do so in particular in cases when a remedy is not possible or would, in our opinion, result in disproportionately high costs. With regard to the suitability of the delivered goods, we only guarantee that they can be used in accordance with our provisions and regulations. Only properties expressly stated by us in writing as being under warranty shall be deemed under warranty. Normal and/or production-related deviations in dimensions, equipment, material and the like shall not entitle the customer to make a complaint. Modifications to our goods by the customer or the customer’s employees shall lead to a complete exemption from liability on our part. Any liability on our part for damage caused by the material used by the customer is excluded.

9. All claims for damages against us are excluded, irrespective of the legal grounds on which they are based, in particular for breach of contract and upon conclusion of the contract, but also in accordance with the provisions of the Austrian Product Liability Act for personal injury, property damage and financial loss caused by a defect in the goods, whereby claims for compensation for consequential damage, such as loss of production or loss of profit and the like are excluded in their entirety, unless we are found liable for damage caused intentionally or by gross negligence. The burden of proof, in particular that we are at fault at all, lies with the customer. Claims for damages shall only include the pure costs of remedying the damage, but not consequential damage, loss of profit or the like.

10. The period of limitation for all claims by the customer against us is one year. All claims for damages and any recourse claims against us must be asserted in court within six months; otherwise, they shall lapse.

11. The data required for order processing and accounting, such as the customer’s name, address, order and booking data are stored in our computer system. The stored data shall only be used by us within the framework of the statutory provisions. The customer is not permitted to use our brands and/or product names without our express written consent.

12. The place of jurisdiction for all disputes arising directly or indirectly from this transaction shall be exclusively the competent court in 4600 Wels. The place of performance is 4661 Roitham, Austria. These terms and conditions and all legal relationships between us and the customer shall be governed exclusively by Austrian law to the exclusion of all international and supranational legal systems and conditions, in particular the UN Convention on Contracts for the International Sale of Goods.