General terms and conditions of the company Stefan Limbeck,
AIH Richard Limbeck e.U.
Scope of application
These General Terms and Conditions (“GTC”) apply to the entire existing and future business relationship between the company Stefan Limbeck (“Limbeck”) and its customers. The GTCs therefore apply in particular to every contract concluded within the framework of the business relationship, even if the validity of the GTCs is not expressly agreed in individual cases. The GTC continue to apply after the termination of all contracts until their complete execution. The version of the GTCs valid at the time of the conclusion of the contract is decisive.
Deviating or supplementary agreements, which are negotiated individually by both parties, have priority, provided they have been confirmed in writing by Limbeck.
The validity of general terms and conditions of the customer, in particular his purchasing conditions, is excluded; this exclusion is agreed with the validity of these GTC. References to the validity of general terms and conditions of the customer, in particular those in his business papers, are considered not to exist. In the event of disputes as to whether these General Terms and Conditions or the customer’s General Terms and Conditions of Business apply, it is agreed that the validity of the customer’s General Terms and Conditions of Business is excluded.
Offer, conclusion of contract
All offers from Limbeck are subject to change and non-binding and can be subsequently changed, supplemented or revoked by Limbeck at any time before conclusion of the contract.
The conclusion of the contract requires the written confirmation of the customer order by Limbeck. The dispatch of the goods ordered by the customer by Limbeck is also considered as acceptance of the customer order. Limbeck is free to accept or reject the customer order.
Customer instructions for order processing are only binding for Limbeck if they are confirmed in writing by Limbeck.
Declarations by employees of Limbeck, who do not prove a corresponding power of attorney in writing, are not legally binding.
If offers are addressed to Limbeck, the offering party is bound to them for a reasonable period of time, but at least 30 days from receipt of the offer.
Prices, reimbursement of expenses
All services of Limbeck are against payment. Unless otherwise agreed in writing, the prices according to the price list of Limbeck valid at the time of the conclusion of the contract apply.
Limbeck is entitled to compensation for all expenses and outlays. Packaging and shipping costs, telephone charges and all other expenses and outlays of Limbeck connected with the provision of services are charged separately according to the price list valid at the time of the conclusion of the contract. Expenses and outlays not included in the price list shall be borne by the customer in accordance with the actual expenditure.
All prices and expenses are exclusive of value added tax at the respective statutory rate and other levies and legal fees.
Limbeck is entitled, even after conclusion of the contract, to change the prices and expense rates at any time within a reasonable framework, taking into account all circumstances relevant for the price calculation (in particular changes in the market situation and material and personnel expenses).
Terms of payment, interest on arrears
In the absence of agreements to the contrary, the claims of Limbeck are to be paid in cash step by step against delivery of the goods. Cash discount deductions require a separate agreement. In the event of default of payment, even with partial payments, any discount agreements shall also become invalid.
Payments of the customer are only considered to be made at the time of receipt on the business account named by Limbeck.
In the case of default of payment by the customer, Limbeck is entitled to demand, at its discretion, compensation for the actual damage incurred or default interest of 10% above the prime rate.
In case of default of payment by the customer, Limbeck is entitled to demand compound interest from the day of delivery of the goods.
Incoming payments will first be credited against levies, fees, collection costs, interest on arrears and then against the open capital. Existing claims, whether or not they are legally enforceable, incoming payments will first be credited against claims that are not legally enforceable.
The customer is not entitled to offset against claims of Limbeck or to withhold due payments.
All goods and other items delivered by Limbeck remain the property of Limbeck until all customer claims resulting from the business relationship with the customer have been paid in full. Prior to the acquisition of ownership, the customer is only entitled to resell, pledge or otherwise transfer goods subject to retention of title to third parties with the prior written consent of Limbeck.
Withdrawal from the contract
In case of default of acceptance (point default of acceptance) or other important reasons, such as in particular bankruptcy of the customer or bankruptcy rejection due to lack of assets, as well as in case of default of payment of the customer, Limbeck is entitled to withdraw from the contract, if it has not yet been completely fulfilled by both parties.
In the case of withdrawal, Limbeck has the choice, if the customer is at fault, to demand a lump-sum compensation of 25% of the gross invoice amount or compensation for the actual damage.
In case of default of payment by the customer, Limbeck is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting an appropriate grace period.
If the customer – without being entitled to do so – withdraws from the contract or demands its cancellation, Limbeck has the choice to insist on the fulfilment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to pay lump-sum compensation amounting to 25 % of the gross invoice amount or the actually incurred damage, at the discretion of Limbeck.
Dunning and collection charges
In the event of default, the contractual partner (customer) undertakes to reimburse the creditor for the reminder and collection expenses incurred by the creditor, insofar as these are necessary for appropriate legal prosecution, whereby the contractual partner (customer) undertakes in particular to reimburse at most the remuneration of the collection agency involved, which is based on the BMwA regulation on the maximum rates of remuneration due to collection agencies.
Default of acceptance
If the customer has not taken over the goods as agreed and is therefore in default of acceptance, Limbeck is entitled, after unsuccessful setting of a grace period, either to store the goods at Limbeck, for which Limbeck charges a storage fee of 0.1 % of the gross invoice amount per commenced calendar day, or to store the goods at the expense and risk of the customer with an authorized businessman. At the same time, Limbeck is entitled either to insist on the fulfilment of the contract or, after setting a reasonable period of grace of at least 2 weeks, to withdraw from the contract and to use the goods otherwise.
Limbeck is only obliged to perform the service as soon as the customer has fulfilled all his obligations which are necessary for the performance.
Place of performance
Place of performance is the respective headquarters of the Limbeck company.
Minor changes in performance
Minor or other changes to our service or delivery obligations that are reasonable for our customers shall be deemed approved. This applies in particular to deviations caused by the object.
The customer must check the conformity of the services of Limbeck with the contract at the time of performance or handover and must notify Limbeck of any defects in writing without delay, at the latest within two days (date of receipt in advance by fax). If the immediate notification of defects is not made, the service is considered approved. With regard to the approved service, warranty claims, claims for damages and the challenge of errors are excluded.
The existence of a defect does not entitle the customer to remedy the defect himself or have it remedied by a third party, but the customer must give Limbeck the opportunity for improvement within a reasonable period of time.
The warranty period is six months and begins with the time of performance or handover.
Warranty claims of the customer must be asserted in court within the warranty period, unless they are acknowledged by Limbeck in writing.
Limitation of liability
Limbeck is only liable for damages caused by gross negligence or intent; otherwise liability is excluded. Liability for loss of profit, immaterial damage, consequential damage of all kinds and claims of third parties is also excluded in cases of gross negligence. All claim prerequisites, in particular also at least gross negligence on the part of Limbeck, must be proven by the customer.
Claims for damages against Limbeck become statute-barred within six months from knowledge of the damage and the damaging party.
Limbeck is only liable for its own contents of its website. Insofar as Limbeck provides access to other websites by means of links, Limbeck is not responsible for the external content contained therein. Limbeck does not adopt these external contents as its own. If Limbeck receives notification of illegal content on external websites, Limbeck will immediately block access to these sites.
In the event of a justified complaint, the customer is not entitled to withhold the entire gross invoice amount, but only a reasonable part thereof, except in cases of rescission.
Applicable law, severability clause
Austrian substantive law applies to the business relationship and to all contracts and mutual claims between Limbeck and its customers. The application of the UN Convention on Contracts for the International Sale of Goods and the referral norms is excluded. The contract language is German.
The ineffectiveness or uselessness of individual provisions of these terms and conditions does not affect the effectiveness or feasibility of the remaining provisions. In place of the unenforceable provision, a valid or enforceable provision which comes as close as possible to the invalid or unenforceable provision in economic terms shall be deemed agreed.
The parties to the contract agree to the jurisdiction of the Austrian domestic courts as place of jurisdiction for all disputes arising from or in connection with this contract.
For all disputes arising out of or in connection with this contract, the court which is competent for proceedings between the parties in dispute and locally competent for the 1st district of Vienna shall have jurisdiction. Limbeck reserves the right, however, to bring an action against the customer also at his general place of jurisdiction.
Data protection, change of address, copyright
The customer gives his consent that the personal data contained in the sales contract may be stored and processed automatically by Limbeck in fulfilment of this contract and may be used for advertising and market research purposes.
The customer is obliged to inform Limbeck of changes of his residential or business address as long as the legal transaction which is the subject of the contract is not completely fulfilled by both parties. If the notification is omitted, declarations are also considered received if they are sent to the last known address.
The customer does not receive any rights of use or exploitation of any kind for plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like provided by Limbeck.