1. general information
All services provided by TS Telco Sensors Austria are provided exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply if they have been expressly agreed in writing.
2. validity of general terms and conditions
Unless expressly agreed otherwise, our General Terms and Conditions as notified to the contractual partner shall apply. Our contractual partner agrees that in case of doubt, our terms and conditions shall apply in the event of the use of general terms and conditions by him, even if the terms and conditions of the contractual partner remain unchallenged.
In this respect, contractual fulfilment on our part shall not be deemed to be consent to contractual conditions deviating from our conditions.
If ambiguities nevertheless remain in the interpretation of the contract, these must be resolved in such a way that those contents are deemed to have been agreed that are usually agreed in comparable cases.
3. offer
Our offers are valid as stated on the respective offer. The contract shall not be deemed to have been concluded until we have sent a written order confirmation.
4. secrecy
Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and the like shall remain our intellectual property. Any use, in particular the passing on, duplication, publication and making available, including the copying of extracts, requires our express consent.
All of the above-mentioned documents can be reclaimed by us at any time and must be returned to us immediately without being asked if the contract is not concluded. Our contractual partner also undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge obtained from the business relationship.
5 Prices and terms of payment
Unless expressly stated otherwise, all prices quoted by us are exclusive of VAT. In the event of invoicing, the statutory VAT will be added to these prices.
The prices do not include the costs for packaging and shipping.
If no reasoned objection to our invoice is raised in writing within 2 weeks, it shall in any case be deemed approved.
The purchase price must be paid within 30 days of receipt of the invoice. Other terms of payment can be agreed in writing.
Payment shall only be deemed to have been made on time if the amount has been received or credited to our account on the due date.
If the buyer fails to make even one instalment payment within the payment period agreed for a discount deduction, he shall lose his right to a discount not only with regard to this instalment payment, but also with regard to all instalment payments already made or to be made at a later date.
Even if the Buyer is in default of payment through no fault of his own, we shall be entitled to charge interest on arrears at an annual rate of 10 % above the base rate; this shall not affect claims for compensation for proven higher interest.
Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an appropriate part of the invoice amount.
6. terms of delivery
The Buyer shall bear the costs of transport. The risk of transport shall pass to the buyer as soon as the goods are delivered to him or to a third party designated by him, other than the carrier. If the buyer has concluded the contract of carriage himself without making use of a choice offered, the risk is transferred to the carrier or the buyer as soon as the goods are delivered.
The place of fulfilment for both our services and the consideration is the registered office of the company.
If our contractual partner is in default of acceptance, we shall be entitled to store the goods at our premises, for which we shall charge a storage fee of 20% of the total value of the goods for the first 2 months, 50% for 6 months and 100% from 6 months.
7. delivery times
All items will be delivered immediately if available from stock and only while stocks last. Items not in stock will be delivered within the delivery time as stated.
In the event of delays in delivery, e.g. due to force majeure, traffic disruptions and acts of God as well as other events for which we are not responsible, no claims for damages can be asserted against us.
TS Telco Sensors Austria shall not be liable if the delivery is delayed and not made due to the fault of upstream suppliers (impossibility).
In any case, the buyer must accept minor delays in delivery without being entitled to claim damages or to withdraw from the contract.
Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delivery delays. We shall then announce how long a delay is to be expected as soon as the actual delay can be estimated, but no later than one week before the originally agreed delivery date.
8. return of goods
Goods that are produced specially for a customer on an order-related basis cannot be returned. For all other returns, a storage and processing fee of 20 % will be deducted.
9. reservation of title
The goods shall remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been notified of this in good time in advance, stating the name or company name and the exact business address of the buyer, and if we agree to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us and we shall be authorised to notify the third-party debtor of this assignment at any time. In the event of a plurality of claims on our part, payments by the debtor shall be allocated primarily to those of our claims that are not (or no longer) secured by a reservation of title or other means of security.
In the event of default, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a cancellation of the contract, unless we expressly declare the cancellation of the contract.
10. warranty
Apart from those cases in which the right to cancellation of the contract exists by law, we reserve the right to fulfil the warranty claim at our discretion by improvement, replacement or price reduction. We have a replacement guarantee within 36 months.
The transferee must always prove that the defect already existed at the time of handover.
The goods must be inspected immediately after delivery. Any defects found must also be reported to the seller immediately, but at the latest within 7 days of delivery, stating the nature and extent of the defect. Defects in the goods do not include damage caused by the customer through improper handling or handling contrary to the terms of the contract. The information provided by the manufacturer of the goods shall be decisive for the improper and non-contractual nature of the goods.
Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved.
The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded.
The warranty period is 36 months from delivery.
The warranty expires in any case in the event of interventions, repairs or attempted repairs by the purchaser or unauthorised third parties.
11. right of recourse
The right of recourse according to § 933b ABGB is excluded.
12. claims for damages
Claims for damages are excluded, with the exception of personal injury, unless gross negligence on our part is proven by the injured party.
Telco Sensors Austria's total liability for any loss or damage shall be limited to 50 % of the price paid by the purchaser for the service giving rise to the claim.
13. product liability
The products from TS-TELCO (manufacturer: Telco Electronics A/S) may only be used for machine purposes. Therefore, the products must never be used for personal safety and/or for the sole protection of people.
Telco Sensors Austria shall not be liable for any loss or damage caused by the goods to movable or immovable property if the damage occurs while the goods are in the possession of the buyer.
Telco Sensors Austria's total liability for any loss or damage shall be limited to 50 % of the price paid by the purchaser for the service giving rise to the claim.
As we are only the supplier and not the manufacturer of the goods sold, any recourse claims directed against us are excluded.
14. formal requirements
All agreements, subsequent amendments, supplements, collateral agreements, etc. must be made in writing to be valid, including the original signature or secure electronic signature.
15. place of jurisdiction
This contract shall be governed by Austrian substantive law; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
The competent court at the registered office of our company shall have local jurisdiction to decide on all disputes arising from this contract. However, we also have the right to take legal action at the general place of jurisdiction of the contractual partner.
16 Validity of the GTC
By placing an order, the customer recognises the General Terms and Conditions of Telco Sensors Austria. If the contractual partner does not expressly object in writing within 7 days, our General Terms and Conditions are valid and legally effective.
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