General Terms and Conditons
Diese Fassung unserer Allgemeinen Geschäftsbedingungen ist gültig per 1. März 2020.
The supplies, services and offers of Technische Alternative RT GmbH, 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 (VAT). Deliveries within the EU internal market will only be exempt from VAT for orders where the valid sales tax identification number (VAT registration number) of the recipient is specified. Our terms of delivery and payment apply. The prices within a list are valid until a new pricelist is published. Errors excepted. When shipping to a third party address (e.g. end 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 generally the customer’s address. Delivery periods are subject to TA’s suppliers making correct and timely delivery. If a fixed delivery date has not been expressly agreed, the delivery periods are always non-binding. Unless otherwise agreed, the specified delivery dates are given ex place of dispatch (ex works). Force majeure 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, from the duty to deliver, even if they involve the suppliers or their sub-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 aforementioned 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 seal), 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 force majeure or other risks excluded from the liability insurance of the carrier shall be 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 to report in writing any detected defect to TA without delay. TA must be notified of hidden and thus not immediately identifiable defects 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, provided that the transaction concerned is not a consumer transaction. If a defect becomes apparent at a later date, but before expiry of the statutory or agreed warranty period, the customer must report it immediately in writing to TA. In the event that timely
notification does not occur, the goods are classed as approved, provided that the transaction concerned is not a consumer transaction. Within the scope of product liability, TA is not liable for damage due to incorrect installation that is not in line with the operating and installation instructions, incorrect commissioning or storage, as well as mechanical factors. 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. Labour costs associated with the replacement to rectify the defect are accepted by TA subject to the following rules up to a maximum of the value of a replacement delivery: if a TA product is suspected of having a material defect, it must be demonstrated that the matter has been raised with our support team. Only standard professional rates for statutory normal working time will be accepted. In the event of excessive and repeated trips, TA reserves the right to appoint a trusted service provider to perform troubleshooting and replacement.
8. RETURN OF GOODS
Please ensure that sufficient postage is paid for returns. Unpaid postage will subsequently be charged to the customer. Without an RMA number (can be applied for on our homepage at www.ta.co.at in the Support/RMA section) and a detailed fault report, quick processing will not be possible. A return of supplied, defect-free goods is only possible in exceptional cases and only after prior written agreement has been given. Special designs or custom orders cannot be returned under any circumstances. Likewise, damaged goods or goods no longer in their original packaging are also excluded from return. We will invoice the processing expenses. When returning faulty goods, please note the “Repair and service conditions”. Please ensure that sufficient postage is paid for returns. Unpaid postage will subsequently be charged to the customer. A return of supplied, defect-free goods is only possible in exceptional cases and only after prior written agreement has been given. Furthermore, a credit note is only possible if: »» The goods are unused and in their original packaging »» The latest engineering standards are met »» We do not incur any costs for the return shipment »» Our invoice number is stated Binding information about acceptance of returned goods can only be given following an assessment at our factory. A credit note will be issued for returned and accepted articles, from which 15 % of the list price (at least €5 per device) will be deducted. Special designs or custom orders cannot be returned.
9. TERMS OF PAYMENT
Unless otherwise agreed, all invoices must be prepaid. Bank transfers must be free of charge. Payments with debt-discharging effect can only be made to the account given in the order confirmation and invoice. 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. For running accounts, the retention of property acts as 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 IT system insofar as necessary for the purposes of business and in conformance with data protection legislation. 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 do so, declarations shall be considered delivered if they are sent to the last known address Repair and Service conditions