Terms and Conditions –
TS TELCO SENSORS AUSTRIA GMBH

1. General

All services, provided by TS Telco Sensors Austria, are carried out exclusively based on the following general terms and conditions. Deviating regulations 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 announced to the contractual partner apply. Our contractual partner agrees that if he uses the general terms and conditions, our terms and conditions are to be assumed in case of doubt, even if the contractual partner’s conditions remain uncontradicted.

In this respect, actions on our part to fulfill the contract do not constitute consent to contractual conditions that deviate from our conditions.

If any ambiguities remain in the interpretation of the contract, these must be resolved in such a way that the contents that are usually agreed in comparable cases are deemed to have been agreed.

3. Offer

Our offers are valid according to the information on the respective offer. The contract is only considered concluded when we send a written order confirmation.

4. Secrecy

Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular the distribution, reproduction, publication and making available, including copying, even of only extracts, requires our express consent.

All the documents listed above can be requested back by us at any time and must in any case be returned to us immediately without request if the contract is not concluded. Our contractual partner also undertakes to maintain the confidentiality of the knowledge gained from the business relationship from third parties.

5. Prices and payment terms

Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax. In the event of offsetting, the statutory sales tax will be added to these prices.

The prices do not include the costs of packaging and shipping.

If no justified objection is raised in writing against our invoice within 2 weeks, it is considered approved.

The purchase price must be paid within 30 days of receipt of the invoice. Other payment terms can be agreed in writing.

Payment is only considered to have been made on time if the amount has been received or credited to our account on the due date.

If the buyer does not make even a partial payment within the payment period agreed for a discount, he loses his right to a discount not only with regard to this partial payment, but also with regard to all partial payments that have already been made or that are only to be made later.

Even if the buyer defaults on payment through no fault of his own, we are entitled to charge default interest of 10% above the base interest rate annually; This does not affect claims for compensation for proven higher interest.

Justified complaints do not entitle the customer to withhold the entire invoice amount, but rather only a reasonable portion of it.

6. delivery terms

The buyer bears the costs of transport. The risk of transport passes to the buyer as soon as the goods are delivered to him or to a third party designated by him and other than the carrier. If the buyer has concluded the transport contract himself without using any of the options offered, the risk is transferred to the carrier or the buyer upon delivery of the goods.

The place of performance for both our services and the consideration is the company’s headquarters.

If our contractual partner is in default of acceptance, we are entitled to store the goods with us, for which we will 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 onwards.

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 delivery delays, such as force majeure, traffic disruptions and orders from higher authorities as well as other events for which we are not responsible, no claim for damages can be asserted against us.

If delivery is delayed or omitted (impossibility) due to the fault of upstream suppliers, TS Telco Sensors Austria is not responsible for this.

In any case, the buyer must accept minor delivery deadline delays without being entitled to a claim for damages or a right of withdrawal.

We can make objectively justified and minor changes that do not affect the price. This applies in particular to such delivery deadlines being exceeded. If the actual deadline exceedance can be estimated, but at the latest one week before the originally agreed delivery date, we will announce how long the delay can be expected.

8. Return of goods

Goods that are produced specifically for a customer cannot be returned. For all other returns, a storage and processing fee of 20% will be deducted.

9. Retention of title

The goods 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 informed of this in good time in advance, stating the name or company and the exact business address of the buyer, and if we agree to the sale. If we agree, this applies the purchase price claim is deemed to have been assigned to us and we are authorized to inform the third-party debtor of this assignment at any time. If we have a number of claims, the debtor’s payments will primarily be allocated to those of our claims that are no longer secured by retention of title or other means of security.

In the event of default, we are entitled to assert our rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

10. Warranty

Apart from those cases in which the right to change is granted by law, we reserve the right to fulfill the warranty claim by improving, replacing or reducing the price at our discretion. 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 discovered must also be reported to the seller immediately, but at the latest within 7 days of delivery, stating the type and extent of the defect. Damage caused by the customer through improper or non-conforming treatment does not count as a defect in the goods. The information provided by the manufacturer of the goods is decisive for the impropriety and non-conformity.

Hidden defects must be reported immediately after they are discovered. If a complaint about defects is not made or not made in a timely manner, the goods are deemed to have been approved.

The assertion of warranty or compensation claims as well as the right to challenge 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 buyer or unauthorized third parties.

11. Right of recourse

The right to recourse according to § 933b ABGB is excluded.

12. Claims for damages

Claims for damages are excluded, with the exception for personal injuries, unless the injured party can prove that we were grossly negligent.

Telco Sensors Austria’s total liability for any loss or damage is limited to 50% of the price paid by the buyer for the service giving rise to the claim.

13. Product liability

The products of 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 as the sole protective device for people.

Telco Sensors Austria is not 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 buyer’s possession.

Telco Sensors Austria’s total liability for any loss or damage is limited to 50% of the price paid by the buyer for the service giving rise to the claim.

Since we are only the supplier and not the manufacturer of the goods sold, any claims for recourse against us are excluded.

14. Formal requirements

All agreements, subsequent changes, additions, side agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.

15. Place of jurisdiction

Austrian substantive law applies to this contract; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

The court with jurisdiction at our company’s registered office has local jurisdiction to decide all disputes arising from this contract. However, we also have the right to sue at the contractual partner’s general place of jurisdiction.

16. Validity of the General Terms and Conditions

By placing an order, the customer accepts 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.