General Terms and Conditions of ANREI-Reisinger Gesellschaft m.b.H. & Co KG
1. Scope
For all contract conclusions and other legal declarations of ANREI-Reisinger Gesellschaft m.b.H. Co & KG (hereinafter referred to as "ANDREI"), such as offers or order confirmations, these General Terms and Conditions (hereinafter referred to as "Terms and Conditions") as agreed. Contractual conditions agreed upon in writing take precedence over the provisions of these General Terms and Conditions.
2. Conclusion of Contract
2.1 - The offers made by ANREI are non-binding. The order signed by the contracting party (hereinafter also referred to as "consumer") is binding. The order confirmation subsequently issued by ANREI reflects the content of the consumer's binding order.
2.2 - The scope of the performance obligation is determined by the written order confirmation. The contractual partner undertakes to check the order confirmation immediately upon receipt.
2.3 - ANREI uses products and materials in accordance with the order confirmation. However, ANREI is entitled to use higher-quality products and materials if necessary.
2.4 - ANREI is not obligated to accommodate subsequent change requests, particularly with regard to products that are already in production or have been completed.
3. Price and Costs
3.1 - The prices agreed upon between ANREI and the contracting partner apply as per the order confirmation by ANREI. Price indications are generally not to be understood as a lump sum, unless a price is expressly designated as a "lump sum price." Deliveries and services not included in the prices will be charged according to actual expenditure of materials and time.
3.2 - The prices are generally understood to be free of charge, unless otherwise agreed.
3.3 - ANREI is not bound by previously agreed-upon prices for follow-up orders.
4. Payment Terms, Prohibition of Set-off
4.1 - All payments are to be made exclusively in Euros to ANREI.
4.2 - Unless otherwise agreed, ANREI invoices are to be paid by the contracting partner within 14 days of the invoice date.
4.3 - Failure to comply with the payment terms stated in section 4.2 shall be deemed to be in default, with interest at the statutory rate of 4 % p.a.
4.4 - Non-compliance with the payment terms or circumstances that give rise to serious doubts about the contractual partner's creditworthiness shall result in the immediate maturity of all outstanding claims by ANREI, without the need for an express demand for payment by ANREI. In this case, ANREI shall be entitled to demand advance payments for deliveries still outstanding or to withdraw from the contract after an unreasonable grace period has expired without success.
4.5 - The contracting partner is entitled to set off only if ANREI should become insolvent, the contracting partner's claims have been legally established or recognized by ANREI.
5. Delivery
5.1 - Information about delivery times is approximate and non-binding. The delivery period begins on the day of order confirmation. If the contractual partner must provide documents necessary for production (e.g., dimensions, plans, etc.), the delivery period begins on the day on which ANREI has received the complete documents.
5.2 - The obligation to deliver is suspended as long as the contracting party is in default of payment of a due amount, including for another obligation arising from the business relationship.
5.3 - Unless expressly agreed otherwise, delivery or assembly shall not include any installation activities and shall be limited to the delivery or assembly of furniture.
5.4 - Partial deliveries are permitted. Delivery will generally be carried out by ANREI itself. However, ANREI reserves the right to choose the shipping method. The contractual partner is not authorized to change the delivery dates without ANREI's consent.
5.5 - Alleged defects do not justify refusal of acceptance.
5.6 - If ANREI is responsible for a delay in delivery, the contractual partner may either demand performance or declare withdrawal from the contract, setting a reasonable, but at least four-week, deadline. The declaration of withdrawal must be made in writing.
5.7 - Force majeure events entitle ANREI to postpone the delivery for the duration of the hindrance and a reasonable start-up period, or to withdraw from the contract in whole or in part due to the unfulfilled portion. Strikes, lockouts, or unforeseeable, unavoidable circumstances, such as operational disruptions that make timely delivery impossible for ANREI despite reasonable efforts, are considered force majeure. This also applies if the aforementioned hindrances occur during a default by ANREI or a supplier of ANREI.
5.8 - If the contracting party fails to fulfill its acceptance obligations, ANREI is entitled to store the delivery at the contracting party's expense. This does not affect ANREI's right to demand payment for the delivery or to withdraw from the contract after a reasonable grace period. In both cases, ANREI is entitled to claim damages.
5.9 - If the contracting party withdraws from the legally binding purchase agreement for any reason whatsoever, ANREI is entitled to demand a cancellation fee of 15 % of the gross purchase price for series productions; for custom-made products, ANREI is also entitled to compensation for the manufacturing costs incurred, whereby parts already manufactured shall be made available to the contracting party in this case.
6. Montage
6.1 - Assembly and its costs will be invoiced separately to the contractual partner, unless otherwise agreed.
6.2 - To the extent ANREI undertakes to assemble, this shall be carried out exclusively in accordance with their assembly conditions.
6.3 - The contracting party shall ensure proper access to the respective premises.
6.4 - The contractual partner shall furthermore provide the rooms to be set up with the necessary infrastructure, such as heating, electricity, water, etc.
6.5 - The contracting party must inform ANREI about local conditions, such as the course of water, gas, or electricity lines, before commencing assembly work, or provide the necessary documents, such as plans, etc.
6.6 - In the event of assembly being agreed upon, the contracting party shall accept the goods immediately after completion during an inspection.
7. Retention of Title
7.1 -All goods delivered by ANREI remain the property of ANREI until full payment by the contracting partner (hereinafter referred to as "Reserved goods").
7.2 - If the reserved goods become part of a new item that is the property of the contractual partner through processing, the contractual partner acquires co-ownership of the new item, which is held in trust for ANREI by the contractual partner free of charge.
7.3 - Resale of the reserved goods is permitted to the contracting party on the condition that the contracting party first informs ANREI of the buyer's name and address and ANREI consents to the resale.
7.4 - Any attachments, seizures, or claims on the reserved goods by a third party must be immediately reported to ANREI. The costs arising from such actions shall be borne by the contractual partner in all cases, unless they are to be borne by a third party.
7.5 - If ANREI exercises its retention of title in accordance with the foregoing provisions and repossesses the reserved goods, ANREI is entitled to sell the goods privately or have them auctioned. Repossession of the reserved goods shall be credited at the proceeds obtained, but at a maximum of the price agreed upon with the contractual partner. Any further claims for damages or lost profits are expressly reserved.
8. Intellectual Property
Photographs, plans, sketches, and all other graphic representations, as well as all technical documents or cost estimates, along with samples, catalogs, brochures, etc., remain the intellectual property of ANREI. The contracting partner may not pass them on to third parties without ANREI's consent, nor does he acquire any work or other usage rights thereto.
9. Liability
9.1 - ANREI is liable - with the exception of personal injury - only for intentional or grossly negligent conduct.
9.2 - The contracting partner is liable for the accuracy of the construction details, plans, and measurements provided by him or a third party (e.g., planning office). The data, measurements, and all other information disclosed by the contracting partner are not verified by ANREI.
9.3 - All additional costs arising from deviations from the actual circumstances or from documents and records provided by the contractual partner shall be borne by the contractual partner.
9.4 - The contracting party must make all contractual documents available in a timely manner to enable ANREI to comply with delivery deadlines.
9.5 -ANREI processes wood in its natural state. Color or growth variations, differences in brightness, as well as knots and knot holes are not considered defects. Similarly, jointing and tensioning or slight warping are not defects but specific characteristics of the woods used by ANREI.
10. Warranty
10.1 - All goods supplied by ANREI are exclusively intended for indoor or enclosed space use.
10.2 - The warranty period begins upon handover of the goods to the contractual partner.
10.3 - Unauthorized modification and improper handling, as well as disregard for the application instructions provided by ANREI, by the contractual partner will result in the loss of all warranty claims.
10.4 - Normal wear and tear does not give rise to warranty claims.
10.5 - In any event, goods provided by the contractual partner are excluded from the warranty, as are damages attributable to the surroundings (e.g., masonry, construction defects, etc.).
10.6 - Remedies for a defect claimed by the contractual partner do not constitute an acknowledgment of the defect claimed by him.
11. Contract Rescission
If the contractual partner fails to meet its contractual obligations, ANREI is entitled to withdraw from the contract. If the withdrawal is due to the contractual partner's behavior, the contractual partner must reimburse ANREI for all costs incurred to date.
12. Data Protection
12.1 - The ANREI data protection provisions apply to all business activities, unless otherwise agreed in writing in advance – to be found at https://www.anrei.at/de/datenschutz.
13. Other Provisions
13.1 - Austrian law shall apply exclusively to all contractual relationships and these GTC. This also applies to export transactions, irrespective of the provisions of the contracting party's country. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
13.2 - The place of performance is A-4363 Pabneukirchen.
13.3 - The place of jurisdiction for all disputes is the competent court in Linz.
13.4 - Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.