1. In General
The services, deliveries and offers of KOMMERZ DI KIENZL KEG limited partnership, hereinafter referred to as KOMMERZ, take place exclusively on the basis of these terms and conditions.
Orally agreed upon changes or amendments to this contract are only effective if they have been confirmed in writing by KOMMERZ.
2. Offers, Confirmations of Orders and Contract Conclusion
The offers of KOMMERZ are subject to change and non-binding. Offers are only made in writing via mail, fax or e-mail. All of the technical documents including specifications remain the exclusive intellectual property of KOMMERZ and may not be used otherwise. Offers are valid for a period of 30 days, provided that they do not include any information regarding the validity of the offer.
A right of return is excluded for the following cases: goods that have been made to customer's specifications or have been clearly tailored to personal needs. In the case of delivery of software and devices, which have been opened or unsealed by the customer or a third party.
3. Delivery Deadlines and Acceptance
KOMMERZ aims to meet delivery deadlines, but information on delivery deadlines is non-binding. Events beyond its control exempt KOMMERZ of its obligation to perform for the duration of their effects. If KOMMERZ does not provide the service by the agreed upon time, an appropriate grace period of no less than 2 weeks is to be granted. A claim for damages is excluded. Services require the customer's acceptance no later than 2 weeks from the time of delivery. Acceptances must be in writing. If the product/service is used by the customer in live operation, the good is in any case considered to be accepted.
4. Retention of Proprietary Rights
The goods delivered remain the property of KOMMERZ until the entire amount due is paid in full.
5. Confidentiality
KOMMERZ agrees not to disclose any information or documents it has received. In special cases, separate agreements are signed for this purpose.
The contractual partner of KOMMERZ is obliged to loyalty and may not entice or employ a member of the staff during the period of the contractual relationship and 12 months after the end of the contractual relationship. In the case of a breach of this obligation, it is agreed that there will be a contractual penalty of 25,000 Euro.
6. Prices and Payment:
All prices are quoted as net prices plus the legal V.A.T. Shipping and handling and C.O.D. charges are not included in the prices. Invoices are to be paid within 14 days. A cash discount deduction is not permitted unless agreed upon. If the value of the contract is more than 10,000 Euros, KOMMERZ is entitled to request a payment in advance of 30% of the amount of the contract. KOMMERZ is entitled to partial billing. Dunning costs are allocated to the customer. Interest on late payments in the amount of the current valid bank rate of the Austrian National Bank plus 8% is charged. The calculation of prices is done in Euro. A € 10 handling fee is charged for orders under € 100. Price lists do not constitute a contractual offer.
7. Cancellation of Contract:
In the case of withdrawal from a sales contract, for whatever reason, the following rates are due for payment: 25% for trade goods, 60% for KOMMERZ products, and 80% for custom-made products and developments.
8. Transport and Insurance
Your delivery is generally insured. Large volume items are shipped partially disassembled due to easier and more affordable transport. In principle, transport takes place at the recipient's risk. Notice of any transport damages or missing parts must be given in writing (e.g. via fax) within 3 working days. In the case of later notification, any ex gratia solution is excluded.
9. Returns
Returns must be delivered free of charge. Packages will not be accepted if the postage has not been pre-paid. A description of the defect and the receipt are to be enclosed with the defective product.
10. Protection of Privacy
Information on the Buyer obtained on the basis of the business relationship or in connection with it, regardless of whether it has been obtained directly from the Buyer or through a third party, may be saved in terms of the Data Protection Act.
11. Self-Promotion
KOMMERZ has the right to use services performed as a reference and for self-promotion.
12. Copyright
Graphic designs, software, texts, plans, films etc. are copyrighted. Any publication in part or in full is only permitted as part of an agreement with KOMMERZ. This also applies to passing any of these on to third parties. In the case of any publication about the project, the customer is obliged to indicate the name KOMMERZ (company and trade name).