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General Terms and Conditions of ANREI-Reisinger Gesellschaft m.b.H.

1. Scope

1.1 - These General Terms and Conditions of Business (hereinafter referred to as "GTC") shall be deemed agreed for all contract conclusions and other legal declarations of ANREI-Reisinger Gesellschaft m.b.H. (hereinafter referred to as "ANREI"), such as in particular offers or order acceptances or confirmations. Contractual terms and conditions agreed in writing shall take precedence over the provisions of these GTC.

1.2 - These GTC shall also apply to future contracts in the event of a continuous business relationship with a contractual partner, even if no express reference is made to them.

1.3 - We expressly object to any General Terms and Conditions that conflict with or contradict these General Terms and Conditions. These shall not become part of the contract.

1.4 - Changes to the GTC can be made by ANREI at any time and are also effective for existing contractual relationships.

2. Conclusion of contract

2.1 - The offers made by ANREI are subject to change. The order of the contracting partner is binding. The contract shall only be deemed concluded when the contracting partner's order is accepted in writing by ANREI.

2.2 - ANREI is not obliged to accept the order. Acceptance takes place in the form of a written order confirmation by ANREI, whereby an e-mail also corresponds to the written form. Subsidiary agreements must also be in writing.

2.3 - The scope of the performance obligation shall be based on the written order confirmation. The contractual partner undertakes to check the order confirmation immediately after receipt. The time period for this is defined on each AB.

2.4 - ANREI uses the products and materials in accordance with the order confirmation. However, ANREI is entitled to use higher quality products and materials if necessary.

2.5 - Subsequent change requests, in particular with regard to products already in production or completed, do not have to be taken into account by ANREI.

3. Prices and costs

3.1 - The prices agreed between ANREI and the contractual partner apply in accordance with the order confirmation by ANREI. The prices are net prices unless it is expressly agreed that the statutory value added tax is included. Any currency risk shall be borne by the contractual partner.

3.2 - Price quotations are generally not to be understood as a lump sum price, unless a price is expressly designated as a "lump sum price". Deliveries and services not included in the prices shall be charged according to actual material and time expenditure.

3.3 - Unless otherwise agreed, the prices shall be understood to be free domicile.

3.4 - ANREI is not bound by previously agreed prices for follow-up orders

4. Terms of payment, offsetting prohibition

4.1 - All payments are to be made to ANREI exclusively in euros.

4.2 - The payment modalities shall be agreed between ANREI and the contractual partner upon conclusion of the contract and recorded in writing in the order confirmation.

4.3 - The assertion of warranty claims (item 11.) does not entitle the contractual partner to withhold performance.

4.4 - In the event of non-compliance with the conditions set out in point 4.2 default interest at the statutory rate (§ 456 UGB) shall be deemed agreed.

4.5 - Non-compliance with the terms of payment or circumstances that give rise to serious doubts about the creditworthiness of the contracting partner shall result in the immediate maturity of all outstanding claims of ANREI, without the need for an express due date by ANREI. In this case, ANREI is entitled to demand advance payments for outstanding deliveries or to withdraw from the contract after the unsuccessful expiry of a reasonable grace period.

4.6 - The contracting partner is only entitled to offset if its counterclaims have been legally established or recognised by ANREI. The contractual partner is not entitled to withhold payments due to warranty claims or other non-recognised counterclaims.

5. Delivery

5.1 - Details of delivery periods are approximate and non-binding. The delivery period shall commence on the date of the order confirmation. If the contractual partner has to provide documents necessary for production (e.g. dimensions, plans, etc.), the delivery period shall commence on the day on which ANREI has received the complete documents.

5.2 - Unless expressly agreed, the delivery or assembly shall not include any installation activities but shall be limited to the delivery or assembly of furniture.

5.3 - The obligation to deliver shall be suspended as long as the contractual partner is in default with a due payment - also due to another obligation from the business relationship.

5.4 - Partial deliveries are permissible. In principle, delivery shall be made by ANREI itself. However, ANREI reserves the right to choose the shipping route. The contracting partner is not entitled to change the delivery dates without ANREI's consent.

5.5 - Alleged defects do not entitle the customer to refuse acceptance.

5.6 - If ANREI is responsible for a delay in delivery, the contractual partner may either demand performance or declare its withdrawal from the contract by setting a reasonable - but at least four-week - deadline. The declaration of withdrawal must be made by registered letter.

5.7 - Events of force majeure entitle ANREI to postpone delivery for the duration of the impediment and a reasonable start-up period, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Strike, lockout or unforeseeable, unavoidable circumstances, e.g. operational disruptions, which make it impossible for ANREI to deliver on time despite reasonable efforts, are equivalent to force majeure. This also applies if the aforementioned hindrances occur during a delay on the part of ANREI or one of ANREI's suppliers.

5.8 - If the contracting partner does not fulfil its acceptance obligations, ANREI is entitled to store the delivery at the contracting partner's expense. This does not affect ANREI's right to demand payment for the delivery or to withdraw from the contract after a reasonable period of grace. In both cases, ANREI is entitled to assert claims for damages.

5.9 - If the contractual partner withdraws from the legally binding purchase contract, regardless of the reason, ANREI shall be entitled to demand a cancellation fee of 15% of the gross sales price in the case of series productions; in the case of custom-made products, ANREI shall also be entitled to compensation for the accrued manufacturing costs, whereby in this case parts already manufactured shall be available to the contractual partner.

6. Assembly

6.1 - Assembly and its costs shall be agreed separately with the contracting party and invoiced.

6.2 - Insofar as ANREI undertakes to carry out assembly, this shall be carried out exclusively in accordance with its assembly conditions.

6.3 - The contracting party shall ensure proper access to the respective premises.

6.4 - In addition, the contracting partner shall provide the premises to be set up in each case with the necessary infrastructure, e.g. heating, electricity, water, etc.

6.5 - The contractual partner shall inform ANREI about the local conditions, e.g. the course of water, gas or electricity lines, before the start of the installation work or provide the necessary documents such as plans, etc. The contractual partner shall also inform ANREI about the local conditions, e.g. the course of water, gas or electricity lines, before the start of the installation work.

6.6 - In the event of an agreed assembly, the contractual partner shall accept the goods immediately after completion within the scope of an inspection.

7. Retention of title

7.1 - All goods delivered by ANREI remain the property of ANREI (hereinafter referred to as "goods subject to retention of title") until full payment has been made by the contractual partner.

7.2 - If the goods subject to retention of title become part of a new object through processing, which is the property of the contractual partner, the contractual partner of ANREI shall acquire coownership of the new object, which shall be stored by the contractual partner free of charge for ANREI.

7.3 - The contracting party is permitted to resell the goods subject to retention of title on condition that it also concludes a retention of title agreement with the purchasers in accordance with item 7.1 and that ANREI consents to the resale. The contractual partner is not entitled to any other dispositions - such as pledging or transfer of ownership by way of security.

7.4 - In the event of a resale, the contractual partner hereby assigns to ANREI in full all claims and other claims against the purchaser arising from the resale until all claims of ANREI have been satisfied. In the event of resale with deferral of the purchase price, the contractual partner is only authorised to dispose of the goods subject to retention of title under the condition that he notifies the secondary buyer of the assignment by way of security at the same time as the resale and notes the assignment in his business books and "open items" lists. This note in the books must in any case state ANREI as the assignee and the purchase agreement with date as the legal basis. At ANREI's request, the contracting partner is obliged at all times to provide ANREI without delay with all information and documents that would be necessary for ANREI to assert these rights against the buyers.

7.5 - If the goods subject to retention of title are used by the contractual partner after processing in accordance with point 7.2 together with other goods not owned by ANREI, the assignment of the purchase price claim in accordance with item 7.4 only to the amount of the invoice value of the goods subject to retention of title by ANREI.

7.6 - ANREI must be notified immediately of seizures and confiscations of the reserved goods by third parties. The resulting costs shall in any case be borne by the contractual partner, unless they are to be borne by a third party.

7.7 - If ANREI makes use of its retention of title in accordance with the above provisions and takes back the goods subject to retention of title, ANREI is entitled to sell the goods on the open market or have them auctioned off. The goods subject to retention of title shall be taken back at the proceeds obtained, but at most at the price agreed with the contractual partner. ANREI expressly reserves the right to assert further claims for damages or loss of profit.

8. Transfer of risk

8.1 - All deliveries are made at the risk of the contractual partner, even in the case of carriage paid delivery. If the delivery is carried out by Anrei, this is at the risk of Anrei, otherwise at the risk of the contractual partner.

8.2 - In the event of delivery by third parties, transport insurance shall only be taken out on the order of the contracting partner. The costs incurred for this are to be paid by the contractual partner.

9. Intellectual property

9.1 - All rights to the photographs of ANREI products belong exclusively to ANREI.

9.2 - The contractual partner is - limited to the duration of the business relationship with ANREI - generally authorised to use these photographs for his own advertising purposes for products purchased from ANREI. However, use in electronic form (in particular as part of the trading partner's website or for a web shop) requires the prior written consent of ANREI.

9.3 - Any disclosure or making available of these photographs to third parties, reproduction not required for the purpose of the use agreed between ANREI and the contracting partner and any alteration by the contracting partner is prohibited.

9.4 - The above permission to use the photographs is revocable at any time.

9.5 - Upon termination of the business relationship with ANREI or in the event of revocation, the contractual partner shall immediately return to ANREI all data carriers with photographs of ANREI products provided to him, delete all files on which such photographs are located and refrain from any further use of the photographs in any form.

9.6 - Plans, sketches and other graphic representations as well as all technical documents or cost estimates remain the intellectual property of ANREI, as do samples, catalogues, brochures, etc. The contractual partner may not pass these on to third parties without the consent of ANREI. The contractual partner may not pass these on to third parties without ANREI's consent, nor does it receive any rights of work or other rights of use.

10. Liability

10.1 - ANREI is liable - with the exception of personal injury - only for intentional or grossly negligent conduct.

10.2 - Claims for lost profit, saved expenses and all other indirect or consequential damages cannot be asserted against ANREI.

10.3 - Claims for damages against ANREI must be asserted in court within six months of knowledge of the damage and the damaging party, otherwise they are precluded. The right of action expires in any case if the claims are not asserted in court at the latest three years after the occurrence of the damage.

10.4 - All limitations and exclusions of liability of these GTC also apply to employees, representatives or other vicarious agents of ANREI.

10.5 - The contractual partner is liable for the correctness of the design data, plans and dimensions provided by him or a third party (e.g. planning office). The data, dimensions and all other information provided by the contractual partner are not checked by ANREI.

10.6 - All additional costs incurred due to deviations from the actual conditions or from the documents and records handed over by the contractual partner shall be borne by the contractual partner.

10.7 - The contracting partner shall provide all contractual documents in a timely manner to enable ANREI to meet delivery deadlines.

10.8 - ANREI processes wood in its natural state. Deviations in colour or growth, differences in brightness as well as knots and knotholes do not constitute defects. Likewise, for example, joints and warping or slight warping are not defects but specific properties of the wood used by ANREI.

11. Warranty

11.1 - All goods supplied by ANREI are intended exclusively for indoor use or use in closed rooms.

11.2 - The contracting partner is obliged to inspect the goods delivered by ANREI immediately after handover to the contracting partner with expert care and to note any detectable defects in detail on the receipt, delivery note or consignment note, otherwise excluding any claims. If no immediate inspection is possible at the time of handover, this circumstance must be noted on the receipt, delivery note or consignment note, otherwise all claims are excluded. Any defect discovered during a subsequent inspection must be reported in writing and in detail within seven days of handover.

11.3 - If the contractual partner proves that the goods were defective at the time of delivery, he shall only be entitled to claim improvement or replacement delivery. Further claims, such as in particular reduction of the remuneration, require a prior written agreement.

11.4 - Unauthorised processing and improper handling as well as disregard of the application instructions provided by ANREI by the contractual partner result in the loss of all warranty claims.

11.5 - In the case of hidden defects, complaints can only be made immediately after their discovery, but no later than three months after receipt of the goods. Warranty claims must be asserted in court within six months of handover. In case of default, all claims are excluded.

11.6 - Wear and tear to the usual extent shall not give rise to any warranty claims.

11.7 - In any case, goods provided by the contractual partner as well as damage caused by the environment (e.g. masonry, construction defects, etc.) are excluded from the warranty.

11.8 - Recourse of the contractual partner to ANREI pursuant to § 933b ABGB is expressly excluded.

12. Contract withdrawal

If the contractual partner does not comply with its contractual obligations, ANREI is entitled to withdraw from the contract. If the withdrawal is due to the behaviour of the contractual partner, the contractual partner must reimburse ANREI for all costs already incurred.

13. Product liability

13.1 - The contractual partner undertakes to strictly observe the application instructions. In the event of nonobservance or contravention of the application instructions, ANREI shall not be liable under the Product Liability Act.

13.2 - In the event of a resale, the contracting partner undertakes to agree the same conditions and exclusions of liability with any further purchaser of the goods and to indemnify ANREI in the event of infringement.

13.3 - Recourse pursuant to § 12 PHG is expressly excluded.

14. Data protection

14.1 - The ANREI data protection provisions apply to all business activities, unless otherwise agreed in writing in advance - to be found at

15. Other provisions

15.1 - The entire content of the contract and all other information and services are offered in German.

15.2 - Austrian law shall apply exclusively to all contractual relationships and to these GTC. This shall also apply to export transactions, irrespective of the provisions of the country of the contractual partner. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

15.3 - Place of performance is A-4363 Pabneukirchen.

15.4 - The place of jurisdiction for all disputes is the competent court in Linz.

15.5 - Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.


Gesellschaft m.b.H.

Markt 80 
A-4363 Pabneukirchen

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