General Terms and Conditions of "ANREI"- Reisinger Gesellschaft m.b.H. & Co KG
These General Terms and Conditions of Business (hereinafter referred to as "GTC") shall be deemed agreed for all conclusions of contracts and other legal declarations of ANREI-Reisinger Gesellschaft m.b.H. & Co KG (hereinafter referred to as "ANREI"), such as in particular offers or acceptance of orders. Contractual terms and conditions agreed in writing shall take precedence over the provisions of these GTC.
2. Conclusion of contract
2.1 - The offers made by ANREI are subject to change. The order signed by the contractual partner (hereinafter also "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 shall be based on the written order confirmation. The contractual partner undertakes to check the order confirmation immediately after receipt.
2.3 - 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.
2.4 - 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 as per the order confirmation by ANREI shall apply. Price quotations are in principle 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.
3.2 - Unless otherwise agreed, the prices shall be understood to be free domicile.
3.3 - 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 - Unless otherwise agreed, ANREI's invoices shall be paid by the contracting partner within 14 days of the invoice date.
4.3 - In the event of non-compliance with the conditions set out in point 4.2 interest on arrears in the statutory amount of 4 % pa shall be deemed to have been agreed.
4.4 - 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.
4.5 - The contractual partner is only entitled to set-off if ANREI should become insolvent, the claims of the contractual partner have been determined by a court or recognised by ANREI.
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 - 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.
5.3 - Unless expressly agreed, the delivery or assembly shall not include any installation activities but shall be limited to the delivery or assembly of furniture.
5.4 - 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 in writing.
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.
6.1 - Unless otherwise agreed, assembly and its costs shall be invoiced separately to the contracting party.
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, such as heating, electricity, water, etc.
6.5 - The contractual partner shall inform ANREI about the local conditions, such as 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, such as 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 partner is permitted to resell the goods subject to retention of title on condition that the contracting partner informs ANREI in advance of the name and address of the purchaser and ANREI consents to the resale.
7.4 - 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.
7.5 - 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. Intellectual property
Photographs, 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 the consent of ANREI, nor does he receive any rights of work or other rights of use.
9.1 - ANREI is liable - with the exception of personal injury - only for intentional or grossly negligent conduct.
9.2 - 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.
9.3 - 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.
9.4 - The contracting partner shall provide all contractual documents in a timely manner to enable ANREI to meet delivery deadlines.
9.5 -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.
10.1 - All goods supplied by ANREI are intended exclusively for indoor use or use in closed rooms.
10.2 - The warranty period begins with the handover of the goods to the contractual partner.
10.3 - 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.
10.4 - Wear and tear to the usual extent shall not give rise to any warranty claims.
10.5 - 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.
10.6 - Remedies of a defect alleged by the contractual partner shall not constitute an acknowledgement of the defect alleged by him.
11. 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.
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 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.
13.2 - 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 GTC be or become invalid, this shall not affect the validity of the remaining provisions.