General Terms and Conditions of Business and Delivery
These Terms and Conditions of Delivery and Payment form part and parcel of each and every contract entered into by and between us and our customers. On principle, we only conclude agreements and submit quotations on the basis of the following contractual Terms and Conditions. Any divergent verbal agreements and special provisions shall only be legally effective with our written confirmation and shall only apply in the individual case. Any and all terms and conditions of delivery as well as any and all other general terms and conditions of business of the Purchaser shall only become legally effective after having been explicitly confirmed by us.
Any and all of the specified prices shall be deemed gross prices. They include the statutory VAT.
Notification of any defects in quantity and/or quality shall be sent to us by the Purchaser immediately, at the latest within 24 hours following receipt, by telegraph or telephone, with immediate subsequent written confirmation; failure to do so on part of the Purchaser shall result in the loss of all warranty claims and claims for damages. We shall be entitled to be relieved of any statutory claims to annulment of the contract or to an appropriate price reduction, either by replacing the defective lawn with a lawn that is free of defects, or by delivering any missing lawns at a later date. Delivery of a type of lawn which does not correspond to the order shall always be considered an insignificant quality defect which can be improved by replacement.
The shipped amount as specified by us shall be deemed as recognised upon the Customer’s acceptance. Differences of up to 5% between the delivered amount of lawn and the ordered amount shall be considered insignificant and shall not entitle the customer to any subsequent delivery or price reduction. Should, however, excess amounts be delivered, the Purchaser shall not be obliged to make any additional payments.
The laying of the turf lawn shall be the responsibility of the Purchaser. The Purchaser shall be responsible for finishing properly laying it without delay – at the latest, however, within 48 hours following delivery: otherwise, the Purchaser shall lose all warranty claims. Until starting to lay it, the Purchaser shall ensure that the goods are stored in appropriately cool conditions, and after laying the lawn, shall ensure that it is adequately watered until it has taken root on the topsoil properly. In addition, the Purchaser shall ensure that the prepared surface is ready for the lawn to be laid.
If it has been agreed with the Purchaser that the Seller will lay the turf lawn, the turf lawn will be watered immediately following completion of the laying work. Following the laying of the turf lawn and the watering, the turf lawn shall be handed over to the Purchaser. The Purchaser undertakes to ensure that after it has been laid, the turf lawn is adequately watered until it has taken root on the topsoil properly: otherwise, the Purchaser shall lose all warranty claims.
The Purchaser explicitly takes note of the fact that the turf lawn is only able to take root on the topsoil if it is properly taken care of by the Purchaser.
Any claims for damages on the part of the Purchaser shall only be accepted in case of gross negligence.
Our invoices are payable net cash at the latest within 14 days following invoicing. In the event of default in payment, interest on arrears to the amount of 1% a month, plus the statutory VAT, shall be invoiced. The Purchaser’s liabilities may not be set off against any receivables to which the Purchaser may be entitled. If the Purchaser is a consumer as defined under the Consumer Protection Act (Konsumentenschutzgesetzor KSchG), this exclusion of set-off shall apply with the restrictions specified under to section 6 para. 1 sub-para. 8 of the KSchG.
Until they have been paid for in full, the goods shall remain the property of the Seller. In the event that the Purchaser resells the goods, the Purchaser undertakes to bind the respective third party under this obligation. The Purchaser undertakes to inform their customers in their general terms and conditions of business that ownership shall only be transferred to the Customer once the amount has been paid in full by the Purchaser.
In the event of default in payment, the Seller shall be entitled to withdraw from the contract after having set a period of grace of two days, and in such a case the Seller shall be entitled to collect the delivered lawn without delay.
If the delivered lawn is not being laid at the Purchaser’s premises but at those of a third party, the Purchaser shall herewith, by way of security, assign to us any and all claims against that third party to which the Purchaser is entitled.
If the Purchaser is a consumer as defined under the Consumer Protection Act and if the business transaction is not concluded in the offices that we use on a permanent basis, a right of withdrawal, as stipulated under section 3 para. 1 of the KSchGshall be deemed as agreed upon. Section 3 para. 1 of theKSchGreads:
“Right of withdrawal
If the consumer has not handed over his declaration of willingness to enter into a contract either in the offices used on a permanent basis by the company for its business purposes or on a stand at an exhibition or market used by the company for said purpose, the consumer may withdraw from their declaration of intent to enter into a contract or from the contract itself. This withdrawal may be declared until the said contract has been concluded or within one week following its conclusion; the period shall commence as soon as a document has been handed over to the consumer which contains at least the name and address of the company, as well as instructions on the right to revoke the contract, but no earlier than the conclusion of the contract.”
Gänserndorf (Lower Austria) shall be the exclusive place of performance and jurisdiction.