Regensburger Handels GmbH
represented by: Serafin Regensburger
6542 Pfunds / Tyrol, Austria
UID: ATU 52031304
Company register no.: 206900s
Innsbruck Regional Court
These conditions apply as of 01.12.2021
§ 1 Scope and conclusion of contract
(1) These terms and conditions apply to all our deliveries of goods. The customer acknowledges these conditions with his order. Amendments or ancillary agreements to these terms and conditions require our written confirmation in order to be valid and only apply to the individual business case. Deviating contractual conditions of the customer are expressly rejected.
(2) Our offers are subject to change in their entirety; this means that the customer's order shall only become binding upon our order confirmation or upon our delivery.
(3) We offer our customers the following services prior to the conclusion of the contract:
- non-binding, personal consultation on site,
- Planning on the computer using 3D software,
- presentation of the planning and furnishing variants.
(4) We reserve the right to make changes to the products due to technical developments, model changes and any printing errors in our catalogue (download possible on our homepage at www.schiraum.at). The availability of goods can be enquired online on our homepage using the contact form.
§ 2 Delivery and assembly
(1) We always deliver and assemble the goods ourselves. Only in exceptional cases will home delivery be carried out by a forwarding agent commissioned by us and the assembly will be carried out by subcontractors of ours.
(2) Prior to delivery, our customers must inform us of any obstacles to problem-free access to the house. The customer must ensure that his premises are prepared for assembly on the agreed delivery date. In the event of difficult conditions, any additional costs incurred shall be invoiced separately.
(3) The SuperDRY system for heating must be connected to the hot water circuit of the heating system by a plumber chosen by the customer.
(4) The delivery time and the delivery date are agreed with our customers. Since we always deliver and assemble ourselves and since our goods are manufactured periodically and to order, the agreed delivery time and the agreed delivery date are to be regarded as a guideline, which can, however, be met in the majority of cases. We try to prevent exceeding of the dates and deadlines to the greatest extent possible by means of proven delivery date monitoring. This applies in particular to fixed transactions confirmed in writing. For any delays that nevertheless occur. We cannot be held liable for delays that nevertheless occur due to sub-suppliers, unless we have acted with intent or gross negligence.
(5) Our customer undertakes to accept the ordered deliveries on the agreed date. If the customer is not present on the agreed date or refuses to accept the delivery, he shall be in default of acceptance (see § 4 of these GTC). If the proper delivery is confirmed by non-contractual persons with legal capacity on the customer's premises, this confirmation is binding for the customer.
(6) In the case of an initial order, the delivery time may be slightly extended due to the creditworthiness check that must first be carried out.
(7) Delivery days are working days excluding Saturdays.
§ 3 Terms of payment
(1) Our invoice shall be paid within 30 days of the invoice date. If the customer defaults on payment or other performance, we shall be entitled - without prejudice to other rights - to withhold our performance and delivery until the agreed counter-performance has been rendered or to withdraw from the contract only after a reasonable grace period of 14 days has expired. In this case, the customer shall immediately return to us at his own expense any items already delivered or we shall collect them from the customer again. We reserve the right to claim compensation for devaluation, wear and tear and other damages.
(2) The offsetting or retention of payments due to counterclaims that are disputed by us and not legally established is not possible.
(3) Payments by cheque and bill of exchange require a special agreement before conclusion of the purchase.
(4) In the event of default in payment, the customer shall pay default interest in the amount of 10%.
§ 4 Default of acceptance
If the customer does not take delivery of the goods on the agreed date or if the goods cannot otherwise be delivered to the customer, the customer shall be in default of acceptance. If this delay in acceptance lasts longer than 5 weeks, we are entitled to set the customer a 14-day grace period for acceptance. If the customer does not fulfil his contractual obligations within this period, we have the right to store the goods at our premises at the customer's risk, charging a storage fee of 2% of the invoice amount per month or part thereof, and to insist on the fulfilment of the contract, or to withdraw from the contract and to resell the goods on the open market without further notice to the customer, in which case the customer shall pay a contractual penalty for the expenses incurred and a possible shortfall in proceeds of 20% of the net purchase price plus VAT. This contractual penalty shall become due for payment with the declaration of withdrawal. Payments already made shall be credited against the contractual penalty. Our right to claim further damages remains unaffected.
§ 5 Retention of title
(1) All items shall remain our sole and unrestricted property until all obligations under the contract have been fulfilled (in particular until the purchase price has been paid in full).
(2) In the ordinary course of business, our customer is entitled to process, transform or sell goods covered by this reservation. Claims arising from the resale, which the customer may collect subject to our revocation, shall be assigned to us by way of security. Should the customer process or transform the goods subject to retention of title, this shall be done for us as supplier and manufacturer, however without triggering any obligations for us. If our ownership ceases, the co-ownership of the item shall pass to us as a substitute.
(3) In the event of seizure of the goods delivered under retention of title, the customer is obliged to immediately take alla measures to obtain the cessation of execution with regard to these goods. The customer must also notify us prior to the seizure.
(4) The customer shall ensure that we have access to his premises at all times to inspect the goods subject to retention of title. If the customer defaults on his payment obligations, if bankruptcy proceedings are applied for or instituted against his assets or if he breaches other contractual obligations, we shall be entitled to demand the surrender of the goods subject to retention of title and/or to collect them.
§ 6 Delay in delivery and warranty
(1)Withdrawal by the customer due to delay in delivery is only permissible after the fruitless expiry of a reasonable period of grace to be set by the customer.
(2) The customer shall inform us of any defects that occur, if possible, upon delivery or when they become visible.
(3) If the customer is an entrepreneur within the meaning of the Consumer Protection Act (KSchG), the customer must inspect the delivered goods or the provided service immediately after receipt for completeness, correctness and other freedom from defects and report any defects in writing immediately, but no later than 7 working days after receipt of the goods or service, otherwise all claims to which the customer is entitled on the basis of defects recognisable during a proper inspection shall be forfeited.
(4) As an entrepreneur, the customer may only assert claims for defects in the goods delivered (and assembled) by us in court within 6 months of delivery or performance. He must prove the defects and their existence at the time of handover.
(5) Instead of the improvement requested by the customer as a businessman (including rectification of defects or addition of what is missing), we may release ourselves from our obligation to perform by replacing the defective item within a reasonable period of time. Instead of the requested replacement, we can carry out improvement (or rectification or addition of the missing part).
(6) We shall not be obliged to take warranty measures if the customer himself has interfered with the goods in a way that makes it difficult to restore a defect-free item.
(7) If the customer is a consumer within the meaning of the KSchG, the statutory warranty provisions shall apply to him.
(8) The faultlessness of the material (stainless steel, inox, chrome steel) and the processing are guaranteed with regard to our entire range of goods for a period of 5 years from delivery/assembly. This guarantee does not apply to wearing parts and normal wear and tear of the goods.
§ 7 Liability
(1) We do not assume any liability for damages for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, consequential harm caused by a defect, defects or tort, which are caused as a result of slight negligence by us or persons for whom we are responsible. Customers who are entrepreneurs within the meaning of the KSchG must prove the existence of gross negligence or intent. In the case of contracts with consumers, damage to the person is excluded from this exclusion of liability. Our liability is in any case limited to the foreseeable, typically occurring damage.
(2) The timely performance of technical and safety inspections in accordance with the applicable legal and technical standards are part of the customer's obligations.
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