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General Sales and Delivery Terms and Conditions


All our contracts and legal declarations made exclusively under following conditions of sale Shipping, Mietund terms of service. Different conditions of our customers are committed only if they are accepted by us in writing.

II


Contract, limiting the authority of the representative-withdrawal:

Our offers are always subject to change. Accounts and sales agreements are not legally binding until delivery of the goods or performance of various services or our written confirmation. Decisive for the contractual delivery and scope of the exclusive content of the order confirmation. Failing such a delivery note and the invoice This differs from the order content, subject to the consent of the customer, unless it is within 4 days from receipt of a registered letter contradicts a given. The customer expressly acknowledges that an occurring on the part of our company representative is not authorized or empowered to make commitments and / or make commitments which go beyond the content of these Terms and Conditions or deviate from this content. The consumer under the Consumer Protection Act takes within the meaning of § 10 of the Consumer Protection Act to note that oral agreements that go beyond the content of the contract terms or depart from them, must be regarded as exceeding the agent's authority is. In addition, § 10 paragraph 2 shall be without prejudice KSchG the contents of this agreement notwithstanding that the relevant conditions should. If the customer as a consumer under the Consumer Protection Act occurs, this does hereby him gem. § 3 KSchG entitled withdrawal to the effect that he is entitled to as a consumer a right of rescission when he submitted his contract either in the of us constantly for our business purposes used rooms or in one of our company items for them as at a fair or a market stall has.
This withdrawal can be explained by the conclusion of the contract or thereafter within 1 week. The period begins with delivery of a certificate, which contains at least the name and address of our company, the information necessary to identify the contract and a notice of the right of withdrawal, to the consumer, whichever is to run with the conclusion of the contract. The right to withdraw expires 14 days after the complete fulfillment of the contract by both parties. Withdrawal requires to be valid in writing.


III.


Delivery times:

Information about delivery time and implementation of various services are not binding. Our obligation to supply suspended as long as the customer is with a payment, even from other obligations to us, in arrears. Our obligation to supply and service execution sleep further, as long as we are prevented from supplying not only by us to circumstances, or decisions made by customers is not at least 1 week prior to the start of implementation stated in writing. A delay in delivery is available only when writing a grace period has been set at least 14 days. After unsuccessful expiry of this period, despite existing delivery and service obligation, the customer is entitled to withdraw. Customer claims follow or against us for delay damages, penalties or the like. are totally excluded. This liability does not apply in cases of intent or gross negligence, provided for the customer is a consumer occurs under the Consumer Protection Act.


IV


Delivery and weight assessment:

We sell and deliver to the date specified by us or scale weight. Over-and under-deliveries, variations in size, weight and quality are under the commercial standard permitted. Bulk goods are handled on actual weight or delivery notes and invoices from us given room dimensions. Rental of vehicles and equipment that have been made available by us must be returned in cleaned and refueled, and in fully functional condition.


V.

Shipping:

The shipping and freight costs of the goods for the account and risk of the purchaser. We have the right to determine the shipping method, we reserve the same type of packaging. It is agreed that the liability for any damage to the goods during the delivery is to be asserted to the customer only extended to the producers. For delivery of various construction and rental machine deliveries will be charged according to actual expenditures (Director), even if they are not listed separately in Tenders should, documents and orders. Special transport and delivery services that are outside the norm, can be performed only by special order.


VI.

Returned Goods:

For goods already delivered, the right of return must be agreed upon. Bulk goods are excluded from return. If our part not to blame for the mis-delivery, 10% will be charged to cover expenses. Only perfectly clean product is withdrawn. PVC pipes and accessories: If the total demand of the customer is covered by the products of our company, the customer may return the remaining amounts up to 5% of the order amount to us. A related right of return, but only if no further need of the customer is given, according to the agreement, but not if he wants to buy from another company.



VII


Warranty, damages, product liability, other liability:

Complaints must immediately upon acceptance of the goods or part, works and services by the buyer, responsible supervisor, principal or after arrival at the destination station or at the Project location (construction projects, construction) and the buyer or the local site management, customer be made. With timely and justified objections quirk and we at our option to return the defective goods or credit adequate replacement, change of running and complained about service, in consultation with the principal or new production of the work. Further compensation claims, of whatever kind, in particular liability for Anarbeitungskosten and consequential damages are excluded in each case. The delivered goods must be checked immediately upon receipt with the 377.378 pursuant to § § HGB to offer care and determinable defects must be enforced exclusion of any claims, in particular claims for damages, to be noted the delivery, construction diary or bill in detail and in writing, stating the possibly present shortcomings . If in taking no immediate verification is possible, then this fact will be noted case of other exclusion of all claims on the delivery, construction diary or waybill and a possible benefit, detectable at a subsequent inspection deficiency be reported within four days in writing from the delivery or transfer of the service in detail. A disclaimer or exclusion of damages does not apply in cases of intent or gross negligence on the part of our company, unless the customer as a consumer under the Consumer Protection Act occurs. With solids, no liability on the part quality, frost resistance, screening accuracy is the like. Accepted if the values ​​indicated by us by producers or suppliers are exceeded or. Our company takes to the customer, but also against any third party, as ordered liability or responsibility whatsoever in connection with the structural components, in relation to which in our company and delivered product is used. Furthermore, we assume no liability for the accuracy udgl from provided blueprints, structural plans. (Warning obligation on our part).
For the structural analysis is therefore by convention alone, the customer or client is responsible and should be taken for any reason our company liability standard in this regard by any third party claim or claims for compensation and damages claims are made, we will have no liability, and for our part pollutant and keep without complaint. In relation to customers who qualify as consumers under the Consumer Protection Act, therefore, there is this disclaimer does not apply to intent or gross negligence. The customer is to be regarded as a consumer under the Consumer Protection Act does, however, expressly acknowledges that he for the statics and accuracy of various products and construction has necessarily legal requirements (concurrence of an architect, structural engineer, Zivilingeneur, Federal Building, etc.) to comply with or draws to rate.


VII


Payment:

Our invoices are payable in cash in accordance with the due dates without deduction on receipt. In late payment we charge more loan costs, interest, late payment charges and tarnished to the customer or client. Other terms of payment and payment must be expressly made in writing, and will only be accepted by written Annerkentnis our part. Payments shall only be valid discharge if you are paid on our accounts. The off with counterclaims is only permitted if they are undisputed or legally. When payment or delayed acceptance of the customer despite setting an 8-day grace period, we are entitled, without prejudice to any other rights which we own goods, bulk goods, vehicles equipment, etc., or to pick up, although this is a cancellation of the contract to be equated or terminate the contract in whole or in part in protecting our rights, and in particular for damages for failure to withdraw. Should after conclusion negative information about the financial situation of the customer are known, we are at our discretion, be entitled to demand immediate payment of either or bankable collateral of the full charge or cancel the contract. Claims for damages are excluded for these reasons.


VIII


Retention of title:

All purchased goods remain our property until full coverage against all liabilities of the Customer to us, for whatever reason they may have originated. The customer pays with a check or draft, the liability is only considered covered, if these items are redeemed. To secure the retention of title, the customer is obligated to insure the delivered goods against fire and theft. The incomplete payment for goods may be sold or pledged or used for security purposes. In case of seizure, we must immediately be notified thereof. If our goods are sold contrary to the prohibition by the customer yet, so our retention of title to the resulting from this divestiture requirements of the customer. The customer's demands against the third apply immediately after birth as us irrevocably assigned, and the customer is obligated to us upright extended reservation notify its customers on demand. Even when working or processing of goods in our reserved property goods is not under our ownership, applies in this case agreed that we are entitled to those obtained by working or processing thing, an aliquot ownership share.


IX.


General guidelines directing skills:

Fences and hedges for the entire site for contracts performed in directing, performed explicitly by the client. Manual work, separation from neighboring buildings and undertaking of neighboring buildings, from securing channels and lines, as well as the secure and hanging wires and tubing and other disabilities, works as eliminate from various debris and garbage, as well as deforestation and sailings of various materials only after explicit mandate the customer or an authorized person conducted, and are not miteinkalkuliert in prices. Otherwise orders must expressly in writing.
Dewatering, Pölzungen, securing various excavations, Schrämm and manual work as well as blasting and similar specialized work can not be done by us and are not factored into the price and not included.
Furthermore, it is expressly pointed out that in the said Director prices (catalog, price list, and similar.) Disposal fees for contaminated material, hazardous waste or any kind of waste management and environmental remediation fee are not included, and therefore only after Explicitly arrangement contracting this provided by us will be charged be.
We point out that for contracts and billing to masses, areas and lengths have (m + m + lm) a minimum capacity of min.100m ³, 100m ² or 30 lm be guaranteed by customer per calendar day.
Teach the necessary permits and cleaning up the access and exit routes sole responsibility of the customer.
Our work is only as stated principal or as specified by the customer Or. Contracting officers, project supervisor or foreman and carried out their responsibility.
For any damage like from various installations such as water pipes, sewer, and gas lines and post-electric cables and, therefore shall be liable only to the client. Furthermore, we assume for real estate matters, and ownership boundaries and boundary markers no liability.
For these reasons, any claim for damages, of whatever nature, imposed on us, and the applicant is obliged to keep us against third parties harmless and without complaint.
After completion of work by people above, the final acceptance of the work performed and services. By signing the delivery note or other records of the customer accepts the documents cited in the dimensions, materials, surfaces and hourly. A subsequent correction of the documents will not be accepted. Upon request and prior arrangement by client, measurements can be determined together with us.


X.


Applicable law, place of performance and jurisdiction:

The business relationship between us and the Customer shall be subject to Austrian law and will be taken in this regard as agreed choice of law to that effect. Regulations on the basis of international CISG do not apply. The place of performance for deliveries and payments of our headquarters in St. Peter Freienstein agreed. In disputes relating to the contract only the court agreed, in whose jurisdiction the registered office of our company.


XI.


Validity of Contract:

If one of the above conditions, for any reason invalid, the validity of the remaining provisions shall remain unaffected.
Additions and extensions of the original version of these terms are reserved. Excluded liability under this Agreement expressly by the author!
The use of these terms, or separate paragraphs is only allowed with written permission from PTS Ges.m.b.H.
(Copyright-patent)



XII.


For government and services:

Fences and hedges for the entire site for contracts performed in directing, performed explicitly by the client. Manual work, separation from neighboring buildings and undertaking of neighboring buildings, from securing channels and lines, as well as the secure and hanging wires and tubing and other disabilities, works as eliminate from various debris and garbage, as well as deforestation and sailings of various materials only after explicit mandate the customer or an authorized person conducted, and are not miteinkalkuliert in prices. Otherwise orders must expressly in writing.


XIII.


Dewatering, Pölzungen, securing various excavations, Schrämm and manual work as well as blasting and similar specialized work can not be done by us and are not factored into the price and not included.


XIV


Furthermore, it is expressly pointed out that in the said Director prices (catalog, price list, and similar.) Disposal fees for contaminated material, hazardous waste or any kind of waste management and environmental remediation fee are not included, and therefore only after Explicitly arrangement contracting this provided by us will be charged be.


XV.


We point out that for contracts and billing to masses, areas and lengths have (m + m + lm) a minimum capacity of min.100m ³, 100m ² or 30 lm be guaranteed by customer per calendar day.


XVI.


Teach the necessary permits and cleaning up the access and exit routes sole responsibility of the customer.


XVII.


Our work is carried out exclusively by specifying clients or according to your representative, construction manager or foreman, and their responsibility.


XVIII.


For any damage like from various installations such as water pipes, sewer, and gas lines and post-electric cables and, therefore shall be liable only to the client. Furthermore, we assume for real estate matters, and ownership boundaries and boundary markers no liability.
For these reasons, any claim for damages, of whatever nature, imposed on us, and the client is obliged to hold us against third parties and harmless.


XXIV


After completion of the work done by the AG said people's final acceptance of the work performed and services. With oral transfer or signing the delivery note or other records of the customer accepts the documents cited in the dimensions, materials, surfaces and hourly. A subsequent correction of the documents will not be accepted. Upon request and prior arrangement by client, measurements can be determined together with us.

Payable and actionable in Leoben *
Raiffeisen Bank Chambers, Account No. 1021666, BLZ 38227
With default outstanding accounts will be handed over to a collection agency or attorney. Goods until full payment has been received. Our general services, supplies and hire.
Seat of the Board: 8792 St. Peter Freienstein, Tollinggraben 1

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General Sales and Delivery Terms and Conditions:

All our contracts and legal declarations made exclusively under following conditions of sale Shipping, Mietund terms of service. Different conditions of our customers are committed only if they are accepted by us in writing.

II


Contract, limiting the authority of the representative-withdrawal:

Our offers are always subject to change. Accounts and sales agreements are not legally binding until delivery of the goods or performance of various services or our written confirmation. Decisive for the contractual delivery and scope of the exclusive content of the order confirmation. Failing such a delivery note and the invoice This differs from the order content, subject to the consent of the customer, unless it is within 4 days from receipt of a registered letter contradicts a given. The customer expressly acknowledges that an occurring on the part of our company representative is not authorized or empowered to make commitments and / or make commitments which go beyond the content of these Terms and Conditions or deviate from this content. The consumer under the Consumer Protection Act takes within the meaning of § 10 of the Consumer Protection Act to note that oral agreements that go beyond the content of the contract terms or depart from them, must be regarded as exceeding the agent's authority is. In addition, § 10 paragraph 2 shall be without prejudice KSchG the contents of this agreement notwithstanding that the relevant conditions should. If the customer as a consumer under the Consumer Protection Act occurs, this does hereby him gem. § 3 KSchG entitled withdrawal to the effect that he is entitled to as a consumer a right of rescission when he submitted his contract either in the of us constantly for our business purposes used rooms or in one of our company items for them as at a fair or a market stall has.
This withdrawal can be explained by the conclusion of the contract or thereafter within 1 week. The period begins with delivery of a certificate, which contains at least the name and address of our company, the information necessary to identify the contract and a notice of the right of withdrawal, to the consumer, whichever is to run with the conclusion of the contract. The right to withdraw expires 14 days after the complete fulfillment of the contract by both parties. Withdrawal requires to be valid in writing.


III.


Delivery times:

Information about delivery time and implementation of various services are not binding. Our obligation to supply suspended as long as the customer is with a payment, even from other obligations to us, in arrears. Our obligation to supply and service execution sleep further, as long as we are prevented from supplying not only by us to circumstances, or decisions made by customers is not at least 1 week prior to the start of implementation stated in writing. A delay in delivery is available only when writing a grace period has been set at least 14 days. After unsuccessful expiry of this period, despite existing delivery and service obligation, the customer is entitled to withdraw. Customer claims follow or against us for delay damages, penalties or the like. are totally excluded. This liability does not apply in cases of intent or gross negligence, provided for the customer is a consumer occurs under the Consumer Protection Act.


IV


Delivery and weight assessment:

We sell and deliver to the date specified by us or scale weight. Over-and under-deliveries, variations in size, weight and quality are under the commercial standard permitted. Bulk goods are handled on actual weight or delivery notes and invoices from us given room dimensions. Rental of vehicles and equipment that have been made available by us must be returned in cleaned and refueled, and in fully functional condition.


V.

Shipping:

The shipping and freight costs of the goods for the account and risk of the purchaser. We have the right to determine the shipping method, we reserve the same type of packaging. It is agreed that the liability for any damage to the goods during the delivery is to be asserted to the customer only extended to the producers. For delivery of various construction and rental machine deliveries will be charged according to actual expenditures (Director), even if they are not listed separately in Tenders should, documents and orders. Special transport and delivery services that are outside the norm, can be performed only by special order.


VI.

Returned Goods:

For goods already delivered, the right of return must be agreed upon. Bulk goods are excluded from return. If our part not to blame for the mis-delivery, 10% will be charged to cover expenses. Only perfectly clean product is withdrawn. PVC pipes and accessories: If the total demand of the customer is covered by the products of our company, the customer may return the remaining amounts up to 5% of the order amount to us. A related right of return, but only if no further need of the customer is given, according to the agreement, but not if he wants to buy from another company.



VII


Warranty, damages, product liability, other liability:

Complaints must immediately upon acceptance of the goods or part, works and services by the buyer, responsible supervisor, principal or after arrival at the destination station or at the Project location (construction projects, construction) and the buyer or the local site management, customer be made. With timely and justified objections quirk and we at our option to return the defective goods or credit adequate replacement, change of running and complained about service, in consultation with the principal or new production of the work. Further compensation claims, of whatever kind, in particular liability for Anarbeitungskosten and consequential damages are excluded in each case. The delivered goods must be checked immediately upon receipt with the 377.378 pursuant to § § HGB to offer care and determinable defects must be enforced exclusion of any claims, in particular claims for damages, to be noted the delivery, construction diary or bill in detail and in writing, stating the possibly present shortcomings . If in taking no immediate verification is possible, then this fact will be noted case of other exclusion of all claims on the delivery, construction diary or waybill and a possible benefit, detectable at a subsequent inspection deficiency be reported within four days in writing from the delivery or transfer of the service in detail. A disclaimer or exclusion of damages does not apply in cases of intent or gross negligence on the part of our company, unless the customer as a consumer under the Consumer Protection Act occurs. With solids, no liability on the part quality, frost resistance, screening accuracy is the like. Accepted if the values ​​indicated by us by producers or suppliers are exceeded or. Our company takes to the customer, but also against any third party, as ordered liability or responsibility whatsoever in connection with the structural components, in relation to which in our company and delivered product is used. Furthermore, we assume no liability for the accuracy udgl from provided blueprints, structural plans. (Warning obligation on our part).
For the structural analysis is therefore by convention alone, the customer or client is responsible and should be taken for any reason our company liability standard in this regard by any third party claim or claims for compensation and damages claims are made, we will have no liability, and for our part pollutant and keep without complaint. In relation to customers who qualify as consumers under the Consumer Protection Act, therefore, there is this disclaimer does not apply to intent or gross negligence. The customer is to be regarded as a consumer under the Consumer Protection Act does, however, expressly acknowledges that he for the statics and accuracy of various products and construction has necessarily legal requirements (concurrence of an architect, structural engineer, Zivilingeneur, Federal Building, etc.) to comply with or draws to rate.


VII


Payment:

Our invoices are payable in cash in accordance with the due dates without deduction on receipt. In late payment we charge more loan costs, interest, late payment charges and tarnished to the customer or client. Other terms of payment and payment must be expressly made in writing, and will only be accepted by written Annerkentnis our part. Payments shall only be valid discharge if you are paid on our accounts. The off with counterclaims is only permitted if they are undisputed or legally. When payment or delayed acceptance of the customer despite setting an 8-day grace period, we are entitled, without prejudice to any other rights which we own goods, bulk goods, vehicles equipment, etc., or to pick up, although this is a cancellation of the contract to be equated or terminate the contract in whole or in part in protecting our rights, and in particular for damages for failure to withdraw. Should after conclusion negative information about the financial situation of the customer are known, we are at our discretion, be entitled to demand immediate payment of either or bankable collateral of the full charge or cancel the contract. Claims for damages are excluded for these reasons.


VIII


Retention of title:

All purchased goods remain our property until full coverage against all liabilities of the Customer to us, for whatever reason they may have originated. The customer pays with a check or draft, the liability is only considered covered, if these items are redeemed. To secure the retention of title, the customer is obligated to insure the delivered goods against fire and theft. The incomplete payment for goods may be sold or pledged or used for security purposes. In case of seizure, we must immediately be notified thereof. If our goods are sold contrary to the prohibition by the customer yet, so our retention of title to the resulting from this divestiture requirements of the customer. The customer's demands against the third apply immediately after birth as us irrevocably assigned, and the customer is obligated to us upright extended reservation notify its customers on demand. Even when working or processing of goods in our reserved property goods is not under our ownership, applies in this case agreed that we are entitled to those obtained by working or processing thing, an aliquot ownership share.


IX.


General guidelines directing skills:

Fences and hedges for the entire site for contracts performed in directing, performed explicitly by the client. Manual work, separation from neighboring buildings and undertaking of neighboring buildings, from securing channels and lines, as well as the secure and hanging wires and tubing and other disabilities, works as eliminate from various debris and garbage, as well as deforestation and sailings of various materials only after explicit mandate the customer or an authorized person conducted, and are not miteinkalkuliert in prices. Otherwise orders must expressly in writing.
Dewatering, Pölzungen, securing various excavations, Schrämm and manual work as well as blasting and similar specialized work can not be done by us and are not factored into the price and not included.
Furthermore, it is expressly pointed out that in the said Director prices (catalog, price list, and similar.) Disposal fees for contaminated material, hazardous waste or any kind of waste management and environmental remediation fee are not included, and therefore only after Explicitly arrangement contracting this provided by us will be charged be.
We point out that for contracts and billing to masses, areas and lengths have (m + m + lm) a minimum capacity of min.100m ³, 100m ² or 30 lm be guaranteed by customer per calendar day.
Teach the necessary permits and cleaning up the access and exit routes sole responsibility of the customer.
Our work is only as stated principal or as specified by the customer Or. Contracting officers, project supervisor or foreman and carried out their responsibility.
For any damage like from various installations such as water pipes, sewer, and gas lines and post-electric cables and, therefore shall be liable only to the client. Furthermore, we assume for real estate matters, and ownership boundaries and boundary markers no liability.
For these reasons, any claim for damages, of whatever nature, imposed on us, and the applicant is obliged to keep us against third parties harmless and without complaint.
After completion of work by people above, the final acceptance of the work performed and services. By signing the delivery note or other records of the customer accepts the documents cited in the dimensions, materials, surfaces and hourly. A subsequent correction of the documents will not be accepted. Upon request and prior arrangement by client, measurements can be determined together with us.


X.


Applicable law, place of performance and jurisdiction:

The business relationship between us and the Customer shall be subject to Austrian law and will be taken in this regard as agreed choice of law to that effect. Regulations on the basis of international CISG do not apply. The place of performance for deliveries and payments of our headquarters in St. Peter Freienstein agreed. In disputes relating to the contract only the court agreed, in whose jurisdiction the registered office of our company.


XI.


Validity of Contract:

If one of the above conditions, for any reason invalid, the validity of the remaining provisions shall remain unaffected.
Additions and extensions of the original version of these terms are reserved. Excluded liability under this Agreement expressly by the author!
The use of these terms, or separate paragraphs is only allowed with written permission from PTS Ges.m.b.H.
(Copyright-patent)



XII.


For government and services:

Fences and hedges for the entire site for contracts performed in directing, performed explicitly by the client. Manual work, separation from neighboring buildings and undertaking of neighboring buildings, from securing channels and lines, as well as the secure and hanging wires and tubing and other disabilities, works as eliminate from various debris and garbage, as well as deforestation and sailings of various materials only after explicit mandate the customer or an authorized person conducted, and are not miteinkalkuliert in prices. Otherwise orders must expressly in writing.


XIII.


Dewatering, Pölzungen, securing various excavations, Schrämm and manual work as well as blasting and similar specialized work can not be done by us and are not factored into the price and not included.


XIV


Furthermore, it is expressly pointed out that in the said Director prices (catalog, price list, and similar.) Disposal fees for contaminated material, hazardous waste or any kind of waste management and environmental remediation fee are not included, and therefore only after Explicitly arrangement contracting this provided by us will be charged be.


XV.


We point out that for contracts and billing to masses, areas and lengths have (m + m + lm) a minimum capacity of min.100m ³, 100m ² or 30 lm be guaranteed by customer per calendar day.


XVI.


Teach the necessary permits and cleaning up the access and exit routes sole responsibility of the customer.


XVII.


Our work is carried out exclusively by specifying clients or according to your representative, construction manager or foreman, and their responsibility.


XVIII.


For any damage like from various installations such as water pipes, sewer, and gas lines and post-electric cables and, therefore shall be liable only to the client. Furthermore, we assume for real estate matters, and ownership boundaries and boundary markers no liability.
For these reasons, any claim for damages, of whatever nature, imposed on us, and the client is obliged to hold us against third parties and harmless.


XXIV


After completion of the work done by the AG said people's final acceptance of the work performed and services. With oral transfer or signing the delivery note or other records of the customer accepts the documents cited in the dimensions, materials, surfaces and hourly. A subsequent correction of the documents will not be accepted. Upon request and prior arrangement by client, measurements can be determined together with us.

Payable and actionable in Leoben *
Raiffeisen Bank Chambers, Account No. 1021666, BLZ 38227
With default outstanding accounts will be handed over to a collection agency or attorney. Goods until full payment has been received. Our general services, supplies and hire.
Seat of the Board: 8700 Leoben, Lorberaustraße