General Business Terms of Mayrtec
Owner Ing. Günther Mayr
first Application 1.1. These terms and conditions apply between us (Mayrtec) and natural and legal persons (short customer) for the legal transaction as well as for all future transactions, even if in individual cases, especially in future supplementary or follow-up orders. 1.2. The latest version of our General Terms and Conditions is available on our homepage at www.mayrtec.at 1.3. We only accept our terms and conditions. 1.4. Terms of business of the customer or changes or additions to our General Terms and Conditions require their express written consent. 1.5. The customer’s terms of business are not recognized even if we do not expressly object to them after receipt.
second Offers, contract conclusion 2.1. Our offers are non-binding. 2.2. Promises, warranties and guarantees on our part or agreements deviating from these General Terms and Conditions in connection with the conclusion of the contract shall only become binding upon our written confirmation. 2.3. The customer shall provide us with information on our products and services, which are not attributable to us, in catalogs, price lists, brochures, advertisements on stands, circulars, advertisements or other media (information material) explain. In this case, we can comment on their correctness. If the customer violates this obligation, such information is non-binding, insofar as these are not expressly declared in writing to the contract content. 2.4. Cost estimates are non-binding.
third Prices 3.1. Prices are not to be understood as a flat rate. 3.2. For services ordered by the customer, which are not covered by the original order, there is a reasonable wage for lack of a wage agreement. 3.3. Prices are inclusive of the applicable statutory value-added tax and ex-warehouse. Packaging, transport, loading and shipping costs as well as customs and insurance shall be borne by the customer. We are only obligated to take back packaging if expressly agreed. 3.4. The customer has to arrange the disposal of old material in an environmentally sound manner. 3.5. Costs for travel, day and overnight allowances are charged separately. Travel times are considered working hours.
4th Attached merchandise 4.1. Such devices and other materials provided by the customer are not the subject of warranty.
5th Payment 5.1. Products or services where the charge is more than € 1,000, one third of the fee is due at the time of the contract conclusion, one third at the beginning of the performance and the remainder after completion of the service. 5.2. The right to a cash discount is subject to an express written agreement. 5.3. If the customer is in default of payment in the framework of other contractual relationships with us, we are entitled to terminate the fulfillment of our obligations under this contract up to the fulfillment by the customer. 5.4. We are then also entitled to demand all claims for services already rendered from the ongoing business relationship with the customer. 5.5. If the payment period is exceeded, even if only with respect to a single partial performance, the remuneration granted (discounts, discounts, etc.) will be forfeited. 5.6. In the event of a delay in payment, the customer undertakes to replace the necessary and appropriate costs (collection expenses, collection fees, attorneys’ fees, etc.) for collection. 5.7. The customer shall only be entitled to set off any counterclaims to the extent that counterclaims have been judicially recognized or recognized by us.
6th Credit check 6.1. The customer expressly agrees that his data may only be transferred to the state-privileged creditor protection associations AKV EUROPA Alpine Creditors’ Association for Credit Protection and Management, Creditreform Wirtschaftsauskunftei Kubicki KG and Credit Protection Association of 1870 (KSV) for the sole purpose of credit protection.
seventh to the customers 7.1. Our obligation to perform performance begins at the earliest, as soon as A) all technical details are clarified, B) the customer has created the technical and legal requirements, C) we have received advance payments or security payments, and D) the customer fulfills his contractual obligations to participate and to cooperate, in particular also those listed in the following sub-items. 7.2. The customer has the necessary authorizations of third parties as well as notification Authorizations and authorizations by the authorities at its own expense.7.3. The energy required for the performance including the trial operation shall be provided by the customer at the latter’s expense.7.4. The customer is liable for the fact that the necessary structural, technical and legal requirements for the factory or the object of purchase are given, which were described in the contract or in the information given before the conclusion of the contract, or the customer had to know due to relevant knowledge or experience.7.5. The customer bears the sole responsibility for the design and functionality of the parts supplied.7.6. The customer is not entitled to assign claims and rights from the contractual relationship without our written consent.
8. Power design 8.1. If, for any reason whatsoever, a modification or addition to the order is made, the delivery / performance period shall be extended by an appropriate period.8.2. If the customer wishes for a performance within a shorter period after conclusion of the contract, this constitutes a change in the contract. This may necessitate overtime and / or accelerate the purchase of the material and increase the charge proportionally to the necessary overhead , Terms of delivery and performance 9.1. Delivery and performance periods and deadlines are only binding for us, if they have been defined in writing. A departure from this form requirement is also required in writing.9.2. Deadlines and deadlines are postponed due to force majeure, strike, unpredictable delay, which is not foreseen by our suppliers or other comparable events which are not within our sphere of influence, during the period during which the corresponding event lasts. This shall not affect the right of the customer to withdraw from the contract in the case of delays which render binding to the contract unreasonable.9.3. If the start of the performance or the circumstances attributable to the customer are delayed or interrupted, in particular due to the violation of the cooperation obligations pursuant to section 7, performance periods are extended accordingly and completion dates are postponed accordingly.9.4. We are entitled to charge 10% of the invoice amount per commenced month of the service delay for the necessary storage of materials and equipment and the like in our company, without affecting the customer’s obligation to pay or its acceptance. In the case of withdrawal from the contract due to delay, the customer shall be informed of a postponement by registered letter with simultaneous threat of rescission. Transfer of risk and dispatch 10.1. The risk passes to the customer as soon as we have the goods / the factory available for pick-up at the factory or warehouse, or transfer these or material and equipment to a freight carrier or carrier. The dispatch, the loading and unloading as well as the transport always takes place at the risk of the customer. 10.2. The customer approves any appropriate shipping method. We undertake to conclude a transport insurance at the customer’s written request.10.3. We are entitled to charge the packaging and shipping costs as well as the payment by cash on delivery to the customer, if the customer is in default with a payment from the business relationship with us or if a credit limit agreed with us is exceeded.10.4. The customer is responsible for the safety of the materials and equipment delivered by us and stored or assembled at the place of performance. Loss and damage will be at his expense.
11. Default of acceptance 11.1. If the customer is in default of acceptance for more than two weeks (refusal of acceptance, delay with advance payments or otherwise, no call-up within a reasonable time in the case of order on demand) and the customer did not provide for the elimination of the circumstances attributable to him We may otherwise dispose of the equipment and materials specified for the performance, provided that, in the event of continuation of the performance, we provide such information within a reasonable period of time.11.2. In the event of default of acceptance by the customer, we are just as entitled to store the goods with us on the date of fulfillment of the contract, for which we are entitled to a storage fee according to item 220.127.116.11. In the event of a legitimate withdrawal from the contract, we may demand a lump-sum indemnity of 20% of the gross order value without proof of the actual damage from the customer.11.4. The assertion of a higher damage is permissible.
12. Retention of title 12.1. The goods delivered, assembled or otherwise handed over by us remain our property until complete payment. 12.2. The customer expressly agrees that we may enter the reserved goods location to assert our retention of title.12.3. Costs which are reasonable and appropriate for appropriate legal prosecution shall be borne by the customer. 12.4. In the assertion of the reservation of title, a withdrawal from the contract shall only be accepted if the latter is expressly declared.12.5. We shall be free to use the reserved conditional goods in the best possible way.12.6. Until the full payment of all of our claims, the goods or merchandise purchased may not be pawned, overfunded or otherwise encumbered with the rights of third parties. In case of seizure or other claims, the customer is obliged to refer to our proprietary right and to notify us without delay. Third party protection rights 13.1. In the case of delivered items which we manufacture according to customer specifications (design specifications, drawings, models or other specifications, etc.), the customer only warrants that the manufacture of these items will not be infringed. If third party rights are nevertheless asserted, we are entitled to terminate the production of the delivered goods at the risk of the customer until the rights of third parties are clarified, unless the unauthorized claims are manifest.13.3. Likewise, we can claim the replacement of the necessary and useful costs incurred by us from the customer.13.4. We are entitled to demand appropriate costs for any legal costs.
14. Our Intellectual Property 14.1. Deliveries and related documentation, plans, sketches, quotations and other documents, as well as software provided by us or contributed by our contribution, shall remain our intellectual property.14.2. Their use, in particular their transmission, reproduction, publication and disposal, including even copying, as well as their imitation, processing or utilization requires our express consent.14.3. The customer also undertakes to maintain the confidentiality of the knowledge derived from the business relationship to third parties.
15. Warranty 15.1. The date of handover is the date of completion, in the absence of a different agreement (for example, formal acceptance), at the latest when the customer has taken over the service or has refused to accept the goods without giving reasons. The date on which the customer is informed of the completion date shall be deemed to have been accepted in his power of attorney in the absence of reasoned refusal of acceptance.15.2. Remedies of a defect alleged by the customer shall not constitute an acknowledgment of a defect.15.3. The customer must always prove that the defect already existed at the time of transfer.15.4. Notices of complaints and complaints of any kind are to be disclosed immediately in writing (at the latest after two (2) business days) at the registered office of our company in the event of any other loss of the warranty claims. The goods or works complained about shall be handed over by the customer if this is feasible.15.5. If the customer’s claims for defects are unauthorized, he is obligated to compensate us for expenses incurred for ascertaining the defect-freeness or rectification of defects.15.6. We shall have the right to make or make any investigation deemed necessary by us, even if the goods or workpieces are made useless. In the event that this investigation reveals that we are not responsible for any errors, the customer shall bear the costs for this investigation against reasonable remuneration.15.7. Any transport and travel costs incurred in connection with the removal of the defect shall be borne by the customer. The Customer shall provide the customer with the necessary labor, energy and premises free of charge and to participate in accordance with point 7.15.8. In order to correct the defect, the customer must at least carry out two tests.15.9. If the performance items are produced on the basis of data, drawings, plans, models or other specifications of the customer, then we guarantee only for the proper execution. 15.10. No defect is attributable to the fact that the work is not fully suitable for the agreed use if this is solely based on deviating actual circumstances of the information presented to us at the time of the service because the customer does not comply with his cooperation obligations according to point 7.15.11. Similarly, this is not a defect if the Technical products of the customer such as RC (radio control) devices and accessories, cabling, networks, Etc. are not compatible with the product and are not compatible with the delivered articles.15.12. All products are subject to the statutory warranty claims or deadlines of the manufacturer. Liability 16.1. We shall only be liable for damages resulting from the violation of contractual or pre-contractual obligations, especially due to impossibility, delay, etc. in cases of intentional or gross negligence.16.2. Liability is limited by the maximum amount of liability for a liability insurance which may be concluded by us.16.3. This limitation also applies to the damage to a product which we have taken over for processing.16.4. Claims for damages shall be asserted by court in the case of other maturities within six months.16.5. The limitations and / or exclusions of liability also include claims against our agents and vicarious agents on the grounds of any damages that the Customer may inflict upon the Customer without reference to a contract.16.6. Our liability is excluded for damage caused by improper handling or storage, overuse, failure to comply with operating and installation instructions, faulty assembly, commissioning, maintenance, maintenance by the customer or third parties authorized by us or natural wear and tear was. There is also the exclusion of liability for the omission of necessary maintenance.16.7. If and insofar as the customer is liable for damages for which we are liable, insurance claims by his own or in his favored damage insurance (eg liability insurance, hardship, transportation, fire, business interruption and others), the customer undertakes to claim the insurance service .16.8. The product properties are due, which can be expected from us, third manufacturers or importers by the customer with regard to the knowledge, experience and experience with regard to the approval regulations, operating instructions and other product-related instructions and notes (especially control and maintenance). The customer as a reseller has to take out an adequate insurance for product liability claims and to indemnify us against claims for reimbursement.
17. Severability clause 17.1. Should individual parts of these terms and conditions be invalid, the validity of the remaining parts shall not be affected thereby.17.2. The parties now undertake to adopt a substitute arrangement – from the horizon of honest contracting parties – which is closest to the economic result, taking account of the customary nature of the ineffective condition. General 18.1. Austrian law shall apply.18.2. The UN purchase right is excluded.18.3. The place of performance is the registered office of the company (Mayrtec) .18.4. Jurisdiction for all disputes arising out of the contractual relationship or future contracts between the Contractor and the Customer shall be the court competent locally for the domicile of the Company (Mayrtec) .18.5. The customer has to notify us immediately in writing of any changes to his name, company, address, legal form or any other relevant information.Stand 4/2013
Inhaber: Ing. Günther Mayr
A-4720 Kallham, Austria
Phone: +43 6605502591
Umsatzsteuer-Identifikationsnummer (UID): ATU67484778
All texts, pictures, audio and video files and other information published here are subject to copyright By Ing. Günther Mayr. A reproduction or reproduction of the whole or parts is not permitted without the express, prior and written permission of Günther Mayr. Copyright by Mayrtec, Ing. Günther Mayr 2015.
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