The supplies, services and offers of Technische Alternative Elektronische Steuerungsgerätegesellschaft m.b.H., hereinafter called TA, are subject to these terms and conditions. These terms and conditions apply to the whole of Europe and are based on a recommendation of the Association of the Austrian Electrical and Electronics Industries.
These terms and conditions form an integral part of any offer and associated legal transaction with TA. Deviating agreements, especially contradicting verbal agreements are only legally valid if they are confirmed by TA in writing. Conditions of the customer which are contrary to these terms and conditions or deviate from them are not recognized by TA. Technical documents as well as samples, catalogues, brochures, images, etc., remain the intellectual property of TA at all times. Any use, reproduction, distribution, publication or presentation requires the express agreement of TA.
2. Conclusion of the contract
A contract offer or an order of the customer requires an order confirmation by TA. If the order confirmation forwarded by TA is not contradicted by the customer immediately upon receipt, then the legal transaction is concluded through implicit acceptance. Offers are valid for 1 month from date of issue or until the expiration date stated in the offer.
Prices are ex works and for domestic deliveries excluding any statutory sales taxes. Deliveries within the EU internal market will only be exempt from VAT, for orders where the valid sales tax identification number (UID) number of the recipient is specified. Our delivery and payment conditions apply. The prices within a list apply until a new price list appears. Subject to errors. When
shipping to a delivery address given by the customer, TA applies a handling fee of € 10.
4. Deliveries and services
Delivery is at the cost and risk of the customer. Partial deliveries are possible. Upon transfer of the goods to the carrier, the risk of damage and loss - even when delivered “free to destination” or “freight prepaid” - is transferred to the customer. The place of performance for delivery and payment is TA’s registered office. TA is free to choose the type of dispatch of the goods and the means of transport. The delivery address is strictly the customer’s address. The delivery terms are subject to TA’s suppliers making correct and timely delivery. If a fixed delivery date has not been expressly agreed, then the delivery terms are always non-binding. Insofar as not otherwise agreed, the specified delivery terms are given ex place of dispatch (ex works). Acts of God and other such events which are unforeseeable by TA or over which TA does not have any influence such as labour disputes, sovereign action, traffic disruption, disruption of energy supplies and the like, and traffic accidents for which TA or its suppliers are not responsible, exempt TA, for the duration of the impact, of the duty to deliver, even if they occur at the suppliers or the suppliers’ suppliers; however in any case only insofar as TA proves to the customer that these events are the cause of the impairment of performance. If due to the named events, delivery is impossible, TA’s duty of delivery also lapses subject to the same conditions. Replacement of goods is generally only possible within 14 days from the date of delivery, provided the goods remain in their original packaging (undamaged sealing), unused and the return does not incur any costs for TA.
5. Transport damage
TA goods are packed in accordance with industry practice. Transport losses caused by acts of God or other risks excluded from the liability insurance of the carrier are borne by the customer. In general, the goods will only be insured by written request and at the cost of the customer against damage or loss during transport.
6. Shipping costs
Deliveries in Austria and Germany are free of charge from a net invoice amount of € 300, below this amount, in Austria a shipping charge of € 5 applies and in Germany € 10. In the rest of the internal EU market and in third countries, we deliver EXW Amaliendorf. The INCO-TERMS in force on the date of conclusion of the contract apply.
7. Claims and warranty
The recipient of the goods is obliged, to immediately inspect them upon delivery and immediately report in writing any detected defect to TA.
Hidden and thus not immediately identifiable defects must be indicated to TA in writing no later than seven days after delivery. If the above terms and conditions for reporting claims or transport damage are not adhered to, loss of warranty applies to the customer, insofar as the transaction concerned is not a consumer transaction. If a defect becomes apparent at a later date, but before expiry of the legal or agreed warranty period, then the customer must report it immediately in writing to TA. In the event that timely notification does not occur, then the goods are classed as approved, provided the transaction concerned is not a consumer transaction. TA is not liable for damage due to mechanical loading and/or changes due to weather-induced effects. Liability for damage due to acts of God and malfunctions caused by improper assembly and/or installation of products is excluded. Likewise, TA accepts no liability for consequential losses. The fulfilment of the warranty claim is, at the discretion of TA, either by repair or replacement of the defective goods, unless a repair or replacement is impossible. Replaced parts and products become our property. Likewise, labour costs associated with the replacement of goods and charges for identification of the defect are expressly to be borne by the customer.
8. Return of goods
Unless otherwise agreed upon, all invoiced must be paid by prepayment. Bank transfers must be free of charge. Cheques and drafts are only accepted by special agreement and on account of payment. Payments with debt-discharging effect can only be made to the account given in the order confirmation. An indicated VAT amount of the total price shall be paid in full according to the invoice. Incoming payments shall be credited to the oldest demand. In the event that the due date for payment is exceeded, late interest of 12 % shall be charged by TA.
9. Payment terms
All invoices are due, insofar as not otherwise agreed, within 30 days of the date of invoice. For payment within 10 days, we apply a 3 % discount. Bank transfers must be free of charge. Cheques and drafts are only accepted by special agreement and on account of payment. Payments with debt-discharging effect can only be made to the account given in the order confirmation. An indicated VAT amount of the total price shall be paid in full according to the invoice. Incoming payments shall be credited to the oldest demand. In the event that the due date for payment is exceeded, late interest of 12 % shall be charged by TA.
10. Retention of title
All delivered, installed or otherwise transferred goods remain the property of TA, until complete payment of the purchase price (including interest and costs). For running accounts, the retention of property acts as a security for all open balance demands.
11. Place of performance jurisdiction
The place of performance for both contracting parties is TA’s registered office. The contracting parties agree on Austrian domestic jurisdiction. For all legal disputes arising between the contracting parties, the court of law responsible from a professional and geographical viewpoint, for TA’s registered office is agreed upon, provided the transaction concerned is not a consumer transaction.
12. Applicable law
Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded. The contract language is German.
13. Data storage
The customer agrees that TA shall save their personal data within an EDP system insofar as necessary for the purposes of business and in conformance with the Data Protection Act. The customer is obliged to inform TA of changes to their personal or business addresses insofar as the legal transaction is not fully completed by both parties. In the event of failure to inform TA of such changes, declarations shall be considered as submitted, if they are sent to the last known address.
We reserve the right to make any technical changes. Typesetting and printing
errors reserved. Prices subject to change. Our products are subject to constant technical progress and development. Therefore we reserve the right to make changes without prior notice.