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GENERAL TERMS AND CONDITIONS 

GENERAL TERMS AND CONDITIONS (GTC)

HolZZone GmbH

Triesterstrasse 71

AT-2353 Guntramsdorf

AUSTRIA

  • GENERAL

All our offers, orders, sales, deliveries and contracts as well as orders are based on our general terms and conditions.

The order placement is binding upon signature of the customer or receipt of the agreed down payment. Should the customer want to cancel the order for any reason, it is at our sole discretion to comply with this request. The cancellation fee is 20% of the order amount as agreed.

Deviations from our conditions, as well as special agreements, require our written confirmation to be effective.

  • RIGHT OF WITHDRAWAL

The customer has the right to cancel his order in writing within 14 days if the order does not come about on our premises.

  • PRICES

The prices are fixed prices up to the agreed delivery date. If the delivery takes place only after the originally agreed delivery date has expired, for reasons for which the customer is responsible, we are entitled to offset the prices valid at the payment date of the delivery date, plus compensation for expenses (for unplanned storage, logistical work, etc.). For orders on call, we are entitled to invoice the order at current daily prices. If there are changes from the conclusion of the contract to delivery (e.g. address or similar), any additional services will be charged additionally. For all orders, it is assumed that assembly can take place immediately after delivery without interruption and that only the journeys calculated for delivery and assembly are required. Should additional journeys become necessary due to reasons for which we are not responsible, we must offset the resulting additional costs. Costs for the other services to be performed are not included in our prices. Offsetting and right of retention against our claims are excluded.

DELIVERY

The delivery usually takes place immediately after arrival of the entire ordered goods and when a necessary assembly is carried out. Any goods that are not in stock will be marked as backlog for later delivery. The delivery dates we have promised are non-binding, although we will of course endeavor to meet them as far as possible. If the delivery is delayed, difficult, partially or completely prevented by force majeure, delay in transportation, late advance delivery, we can deliver with a reasonable grace period. We cannot grant compensation for late deliveries that are not the result of gross negligence on our part, especially if the deliveries are not made on time by our upstream suppliers. For later delivery at the request of the customer, the full (remaining) payment must still be made on the originally agreed delivery date. Depending on the volume of the order, we reserve the right to charge an additional allowance for storage. When the goods are dispatched, the buyer is at risk and chance. We choose the shipping route and the shipping method. The delivery or assembly costs are borne by the customer, unless expressly agreed otherwise.

  • RETENTION OF TITLE

HolZZone GmbH reserves the right of ownership of the delivered or picked up goods until all financial obligations of the client have been paid in full. As long as our property right exists, resale, pledging, transfer of ownership or surrender of ownership against payment or free of charge is prohibited. If, contrary to these agreements, the owner should sell our goods in whole or in part against payment, then the purchase price claims acquired from the purchaser will pass to us in the amount of our respective outstanding claims. In the event of foreclosure of the property in question on which our goods are located or in the claims assigned to us, the purchaser must notify us immediately and provide the relevant information. Our models, plans and calculations may not be published or reproduced without our express permission, nor may they be used for any purpose other than that agreed.

  • COMPLAINTS

The customer undertakes to examine the goods and services rendered for any defects upon delivery or collection and to record these defects on the delivery note. Subsequent complaints can no longer be accepted. In any case, further claims are excluded.

Returns may only be made with our express consent. The filing of the notice of defects does not release you from the obligation to pay.

Liability for property damage suffered by the customer is excluded. For goods that we have obtained from third party suppliers, our liability is limited to the assignment of warranty and damage claims that we are entitled to against third party suppliers. Small changes in designs and designs as well as small changes that are material-related do not constitute grounds for complaint.

Wood is a natural product: slight differences in structure and color do not constitute grounds for complaint. Color deviations or differences in structure are common and normal.

  • WARRANTIES AND COMPENSATION

The contractor only guarantees the client fulfilling his payment obligations within 12 months. If the purchaser uses the guarantee, the guarantee is neither interrupted nor inhibited, nor is the start of a new guarantee obligation.

Warranty claims expire if defects are not reported and proven immediately after they are discovered, or if the parts affected by the defect have since been changed or repaired by a third party or by the customer.

  • PAYMENT

Payment conditions apply as stated in the order. In the event of default, default interest of 10% per year is expressly agreed. Payments can only be made directly to us with a liberating effect. In the event of a delay, the customer undertakes to compensate us for the reminder and collection expenses incurred, even in the event of late payment through no fault of our own. If we do the dunning ourselves, the debtor undertakes to pay an amount of € 10 per reminder. If the remaining amount is not paid when the goods are taken over, we reserve the right to retain the goods. The costs for all related damage and costs, in particular the return transport and storage, are to be borne by the customer.

  • JURISDICTION, PLACE OF FULFILLMENT, APPLICABLE LAW

The place of performance is Guntramsdorf, even if the handover takes place at another location. To the extent permitted by law, Mödling is agreed as the place of jurisdiction for all disputes and Austrian law arising from this contract. This to the exclusion of referral standards such as the international private law and the UN Convention on Contracts for the International Sale of Goods.