General Terms and Conditions of Lutz-Jesco GmbH (GTC)
valid from 1 August 2014
1 Scope of application and provider
These General Terms and Conditions are valid from 01.08.2014 and apply to all legal transactions between
Lutz-Jesco GmbH, Aredstrasse 7/2, 2544 Leobersdorf, Austria,
Telephone number: 02256/62 180, Fax: 02256/62 180-62
UID No. ATU 57149703
Company register No. FN 235615v
and its customers.
Deviating terms and conditions of the customer shall only apply with the express written consent of Lutz-Jesco GmbH.
2. conclusion of contract
##########_1__ All offers of Lutz-Jesco GmbH are non-binding. The contract shall only be concluded by written order confirmation by Lutz-Jesco GmbH or by delivery. The documents belonging to the offer, in particular illustrations, drawings, plans, descriptions, cost estimates and other documents shall remain the property of Lutz-Jesco GmbH, including the copyrights existing in the contents. They may not be made accessible to third parties without the written consent of Lutz-Jesco GmbH.
2.2 Assurances, collateral agreements and amendments to the contract must be made in writing to be effective. Any deviation from the written form requirement must also be in writing.
##########_3__ Lutz-Jesco GmbH reserves the right to make design, form or other changes to the subject matter of the contract due to technical progress and innovation without prior notice.
3. prices
##########_4__ All prices quoted in the offers of Lutz-Jesco GmbH are net prices plus statutory VAT and are ex works. The costs of packaging and delivery shall be invoiced in addition to the prices quoted.
3.2. Unless otherwise agreed, cost estimates are subject to a charge.
4. terms of payment
##########_6__ All invoice amounts are due for payment immediately without deduction, unless otherwise agreed in writing. Bills of exchange and cheques shall only be accepted on account of performance and at the customer's expense.
##########_7__ In the event of default in payment, default interest in the amount of 12% plus statutory VAT ##########_8__ will be charged. will be charged. In addition to the default interest, the customer is also obliged to reimburse all reminder and collection charges.
##########_9 If there is reasonable doubt about the creditworthiness of a customer, we may make each individual delivery dependent on advance payment or the provision of security in the amount of the invoice amount.
4.4 The customer may only offset against claims of Lutz-Jesco GmbH if the customer's counterclaim has been legally established by a court of law. The same applies to the assertion of a right of retention by the customer.
5. terms of delivery
5.1 Delivery periods are ex works. They shall only commence after clarification of the technical questions still open at the time of conclusion of the contract, after receipt of the documents to be procured by the customer such as drawings
and authorisations to be obtained by the customer and/or after advance payments to be made and production approvals. All transport and shipping costs incurred shall be invoiced to the customer according to actual expenditure.
##########_12__ If the goods are dispatched, delivery shall be effected at the discretion of Lutz-Jesco GmbH by parcel service, post, rail or carrier. These usual modes of despatch shall be deemed expressly approved by the customer. In the event of despatch by cash on delivery, Lutz-Jesco GmbH shall be entitled to take out appropriate insurance at the expense of the customer.
Unless otherwise agreed, Lutz-Jesco GmbH shall also be entitled to make a delivery in instalments.
##########_13__ Lutz-Jesco GmbH shall be liable for the consequences of delay in the event of intent or gross negligence. Our liability shall be limited to the damage typically foreseeable by us at the time of conclusion of the contract. The customer must inform us immediately in writing of any impending consequences of default. Our delay in delivery requires a reminder from the customer with a reasonable grace period.
##########_14__ If the dispatch of goods ready for despatch is not possible through no fault of Lutz-Jesco GmbH or is not desired by the customer, Lutz-Jesco GmbH shall have the right to store the goods at the customer's expense, whereby the delivery shall be deemed to have been made. The agreed terms of payment shall remain unaffected.
5.5 Force majeure, as well as strikes, lockouts, operational disruptions, supply shortages and/or delayed/failed delivery by upstream suppliers for which we are not responsible shall extend the delivery periods by the delay time caused thereby.
##########_16__ The provisions of this section apply analogously to assembly periods. An assembly period shall not commence until the customer has fulfilled its preparation and ordering obligations (see "Assembly conditions/assembly prices").
6. risk
6.1 The risk shall pass to the customer when the delivered goods leave our factory, even if Lutz-Jesco GmbH is responsible for dispatch, export or installation.
The risk of accidental loss and accidental deterioration of the subject matter of the contract or parts thereof shall pass to the customer upon dispatch at the latest, even if partial deliveries are made. The burden of proof that the defect already existed at the time of handover lies with the customer.
##########_19__ At the customer's request, the consignment will be insured for transport at the customer's expense.
In all other respects, the INCOTERMS in the version valid on the day the contract is concluded shall apply.
7. warranty
In accordance with the following provisions, Lutz-Jesco GmbH warrants that the subject matter of the contract corresponds to the order upon delivery or collection and is fit for normal use.
It is expressly stated that only those details about properties, weight, dimensions, capacity, colour, prices and other specifications would be part of the contract which are used in catalogues, circulars, Brochures, advertisements and illustrations and price lists used by Lutz-Jesco GmbH in business transactions. Public statements of third parties about the Products of Lutz-Jesco GmbH are not decisive for the assessment of the content of the contract.
##########_22__ The warranty obligation of Lutz-Jesco GmbH shall only apply to such defects which are based on a fault in design, Material: or Version: and, moreover, only if such defects occur during a period of 6 months under normal use from the time of the transfer of risk.
normal use from the time of transfer of risk or delivery. The burden of proof lies with the customer.
7.3 A warranty is excluded if the customer's technical equipment, such as supply lines, cabling, networks and the like are not in a technically perfect and operational condition or are not compatible with the contractual items of Lutz-Jesco GmbH. In this respect, Lutz-Jesco GmbH is under no obligation to inspect.
Furthermore, there shall be no warranty claims in the event of defects caused by improper handling or overuse, if statutory operating or installation instructions or those issued by Lutz-Jesco GmbH have not been followed, if the object of purchase was produced on the basis of the customer's specifications and the defect is attributable to these specifications, if changes have been made to the Products themselves or by third parties, if parts have been replaced or materials used which do not correspond to the original specifications or which place excessive strain on the goods, in the event of faulty assembly or commissioning by the customer or third parties, or in the event of a defect in the Products. The customer or third parties shall be liable for any damage caused by incorrect assembly or commissioning, improper storage or operating conditions that impair the function of the product, failure to carry out necessary maintenance or poor maintenance.
The customer can only assert warranty claims if he notifies the defect immediately in writing. Verbal, telephone or non-immediate notifications of defects and complaints will not be considered. The description of the defect should be as precise as possible. The customer must immediately notify the carrier of any transport damage. If the obligation to inspect and give notice of defects is not complied with, the customer's claims for defects are excluded.
##########_25__ If the defect in the present case is to be remedied by Lutz-Jesco GmbH, the latter shall have the choice of either
to repair the defective object of the contract on site or
to have the defective subject matter of the contract or parts thereof sent to it for the purpose of rectification
or to replace the defective subject matter of the contract or parts thereof.
Further claims for defects exist if rectification is not possible or only possible at disproportionately high cost. Expenses in connection with the rectification of defects shall be borne by the customer.
The liability of Lutz-Jesco GmbH on the basis of the special right of recourse pursuant to § 933b ABGB (Austrian Civil Code) shall in any case end 2 years after the provision of services by Lutz-Jesco.
8 Liability
Lutz-Jesco GmbH shall only be liable for all damages in connection with the provision of contractual Power to the extent that these damages are reported to Lutz-Jesco GmbH immediately and gross negligence on the part of Lutz-Jesco GmbH is present, whereby the burden of proof with regard to gross negligence shall lie with the party invoking it.
We shall only be liable for property damage and financial losses not caused to the delivered goods themselves if the customer informs us in writing of their possible risk upon conclusion of the contract and we assume a special obligation to assume liability in writing with regard to this.
Claims for compensation shall become time-barred 6 months after knowledge of the damage and the damaging party, in any case 3 years after performance of the service by Lutz-Jesco GmbH.
##########_29 Liability for indirect damages, consequential damages, loss of profit, financial losses, damages due to business interruption, as well as for any claims of third parties against the customer is excluded.
The liability of Lutz-Jesco GmbH due to the special right of recourse according to § 933b ABGB ends in any case 2 years after service provision by Lutz-Jesco GmbH and only exists to the extent that any warranty costs of the customer are only reimbursed up to the amount of the actually agreed sales price due to defective contractual object.
Our obligation to maintain/deliver spare parts is limited to a period of 5 years after delivery. Our respective list prices apply to spare parts.
11 Assembly conditions
For the agreed assembly of contractual products, our "Assembly Conditions/Assembly Prices" shall apply in addition to these GTC.
12. partial invalidity
Should provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void provision with one that is
The contracting parties undertake in this case to replace the legally ineffective, invalid and/or void provision with one that is legally effective and valid and corresponds to the economic effect of the replaced provision as far as possible and legally permissible.
13. property rights, copyright, confidentiality
13.1 We reserve ownership and all industrial property rights and copyrights to our designs, samples, illustrations, technical documents, cost estimates or offers, even if the customer has assumed the costs for the designs, etc. The customer may not use the designs, etc. for any other purpose. The customer may only use the designs etc. in the manner agreed with us. He may not produce the delivered goods himself or have them produced by third parties without our written consent.
13.2 If we deliver goods in accordance with designs and specifications prescribed by the customer, the customer shall be liable to us for ensuring that their manufacture and delivery do not infringe industrial property rights and other rights of third parties. The customer shall compensate us for all damages resulting from such infringements.
##########_33 All information obtained from the business relationship with Lutz-Jesco GmbH that is not in the public domain must be kept secret from third parties by the customer. The customer shall be liable for any disadvantageous consequences arising therefrom.
