GENERAL TERMS AND CONDITIONS
HOTTER GmbH
1. General:
1.1. For offers, deliveries and services - also from future business transactions - our General Terms and Conditions of Sale and Delivery apply exclusively, subject to written individual agreements. Conflicting terms and conditions are hereby expressly not recognized, without further objection being made in individual cases. Terms and conditions of the customer require our express written consent.
1.2. Future deliveries and services shall also be subject to the terms and conditions in the version valid on the effective date of the order, without the need for repeated transmission or further reference.
2. Offer and prices:
2.1. Our offers are always subject to change and do not include statutory value added tax at the time of delivery/service. Orders shall only be deemed to have been accepted if they have been confirmed by us in writing. Our written order confirmation is binding for both parties and only authoritative for the content of the contract. All agreements and ancillary agreements require written confirmation. In the event of circumstances for which we are not responsible and which entail abrupt inflation (e.g. inflation, turmoil of war, epidemic/pandemic, shortage of goods), we are entitled to adjust the sales prices to customers to these changed premises.
2.2. Interest on arrears shall be agreed in the amount in accordance with § 456 UGB.
3. Delivery/Service:
3.1. Our delivery/service is carried out according to the Incoterms of the respective offer. Returns are made at the risk and expense of the customer, unless there is a justified complaint.
3.2. The transfer of risk occurs in accordance with the Incoterms of the respective offer.
3.3. All deliveries are provided in commercially available packaging, which will not be taken back, unless this is contrary to legal provisions.
3.4. We expressly point out that the containers (barrels, containers, etc.) supplied by us may not be used for other purposes even after emptying, but must be returned to the appropriate location (e.g. to the Schütz company with a corresponding ticket) or taken to an authorized waste disposal facility! For any further use of the containers, the customer is therefore solely responsible for the safety of people, property and the environment with regard to cleaning and suitability of the containers. In such a case, all container labels of Hotter GmbH must always be completely removed.
4. Deliveries/delivery time/performance time:
4.1. Our delivery/service times are non-binding, unless they have been expressly fixed in writing.
4.2. The delivery/service period shall be extended appropriately or adapted to the incidents if events occur for which we are not responsible, such as strikes, power failures, traffic jams, force majeure events, etc. The same applies if corresponding events occur at our subcontractors.
4.3. Claims for damages by the customer against our company are excluded in all cases of late delivery - even after expiry of a grace period set by the customer; this only does not apply if the delay has been caused intentionally or through gross negligence by us or a vicarious agent attributable to us.
4.4. If the customer withdraws from the contract through no fault of our own, or if we legitimately withdraw from the contract, we shall be entitled to charge a cancellation fee of 30% of the net order amount plus VAT. This obligation to pay exists regardless of the occurrence of damage. The contractual penalty is not subject to judicial moderation. We reserve the right to claim further damages.
5. Quality, testing and notification obligations:
5.1. Data, quality descriptions, specifications, data sheets or other verbal information about the usability or quality of the goods and/or services provided by us are non-binding; unless agreed in writing.
5.2. Transport damage must be documented in writing immediately upon receipt by recording the damage, if possible recorded by picture and forwarded to us immediately. As a matter of principle, we do not assume any liability for transport damage; unless the transport falls within our responsibility/contractual obligation, liability for the transport according to relevant standards (e.g. UGB, CMR) are always dispositive, and only apply if contractual regulations do not conflict with this.
6. Complaints/Damages:
6.1. If a defect becomes apparent, the customer must notify us immediately, but no later than within 5 working days. The obligations to inspect and give notice of defects applicable to entrepreneurs in accordance with §§ 377, 378 UGB remain unaffected. The same applies to article and quantity deviations.
6.2. Services rendered by us must be accepted immediately. Commissioning is considered acceptance. If a defect becomes apparent, proceed with para. 6.1. If the inspection of a notice of defects shows that there is no warranty claim, we can charge the customer the costs of the inspection at the usual cost rates.
6.3. In the justified event of a complaint, we are entitled to repair the defective item or to deliver a new one. Only in the event of a failure in this regard is the customer entitled to a price reduction or reversal.
6.4. The above provisions shall apply mutatis mutandis in the event of claims by the customer arising from the breach of obligations to provide information and advice.
6.5. The assignment of warranty claims to third parties is excluded.
6.6. In the event of impossibility of the delivery/service incumbent upon us, the general principles of law shall apply; if we are at fault, compensation for damages by the customer shall be limited to 10% of the value of that part of the delivery/service which is affected by the impossibility. In addition, compensation for liquidated damages is excluded, unless there is intent or gross negligence. In this case, the restriction applies according to the amount of the public liability insurance.
7. Force majeure:
Force majeure such as epidemics or pandemics, restrictions imposed by authorities, natural disasters, riots, strikes, lockouts and other unforeseeable, unavoidable and serious events shall release Hotter GmbH from its respective obligations for the duration of the disruption to the extent of its effect, provided that the service disruptions are attributable to these circumstances. Partial services of Hotter GmbH, which are not affected by the impossibility of performance, are permissible and accepted by the customer.
If the force majeure event that makes it impossible to perform the contract lasts longer than 90 days, both parties may waive the performance of the contract for the services not yet provided. In this case, the parties shall inform themselves in writing. If, as a result of force majeure, a withdrawal from the contract takes place, any compensation against us - by whomever - is excluded.
8. Warranty and liability:
8.1. Warranty rights of the customer presuppose that the customer has complied with his inspection and notification obligations (Section 6) without delay. The warranty only covers defects that occur during contractual, intended use of the goods. As a matter of principle, only our expressly confirmed product description shall apply as a determination of the quality of the goods.
Data sheets, public statements, promotions or advertisements of the manufacturer that have not been confirmed in writing do not constitute a contractual specification of the quality of the goods.
Nicht schriftlich bestätigte Datenblätter, öffentliche Äußerungen, Anpreisungen oder Werbungen des Herstellers stellen daneben keine vertragsgemäße Beschaffenheitsangabe der Ware dar.
8.2. The elimination of defects caused by normal wear and tear, external influences or operating errors are excluded from the warranty, unless there are mandatory legal claims, such as product liability or an independent guarantee promise. The same applies in the event of errors that occur and are due to changes to the goods not made by us. We do not guarantee that the delivered products correspond to the customer's specific uses or that they can be used and used with other products of the customer from one and the same manufacturer or other manufacturers without interference and without impairment.
8.3. The warranty period is usually 2 years from the handover of the goods / provision of the service, unless otherwise stated on the packaging or the delivery certificate. For entrepreneurs, the "stricter" provisions of §§ 377 and 378 UGB also apply.
8.4. In the event of defects in the goods, we shall initially provide warranty at our discretion by rectification or replacement. Only in the event of such a failure is the customer entitled to request a price reduction or reversal (see point 6.3)
8.5. Application, use and processing of the products are beyond our control and are therefore the sole responsibility of the buyer/customer. Our technical advice is provided to the best of our knowledge, but it is only a non-binding reference.
8.6. The delivery of chemicals does not entail any operator obligations on the part of Hotter GmbH in accordance with the relevant legal provisions, which include regulations for the protection and use of surface waters and groundwater.
8.7. Claims for damages or claims arising from consequential damage caused by a defect are expressly excluded, unless there is gross negligence or intent on our part. In any case, the amount is limited by the business liability insurance we have taken out. All these limitations of liability also apply to vicarious agents and procurements.
The contractual partners of Hotter GmbH undertake to indemnify Hotter GmbH in full for any damages that have occurred to third parties or to pay for these damages and for the defense of the damages. The prerequisite for this liability of the contracting parties is that the damage has occurred in connection with a product of a contracting party.
The contractual partners of Hotter GmbH undertake to indemnify Hotter GmbH in full for any damages that have occurred to third parties or to pay for these damages and for the defense of the damages. The prerequisite for this liability of the contracting parties is that the damage has occurred in connection with a product of a contracting party.
8.8. If Hotter GmbH is held liable for third-party damage incurred in connection with a (partial) product of a contractual partner, the contractual partner undertakes to provide Hotter GmbH with the following information: The contractual partner must provide Hotter GmbH with the data relating to the design of the product or the manufacturer's instructions upon first request (cf. Art. 5 para. 2 PrHG). The contractual partner may not invoke trade or manufacturing secrecy or other obligations towards third parties.
9. Terms of payment/prohibition of set-off:
9.1 Invoices are payable within 30 days without deductions, unless special agreements apply. Bills of exchange or cheques shall only be accepted on the basis of separate agreements; if at all, then only on account of performance.
Discount deductions require our written consent.
9.2. The offsetting of claims of the customer against our claims is excluded; except only for claims which have been legally established by a court.
10. Ownership:
10.1. All goods delivered by us shall remain our property until all current, conditional or future claims arising from the current business relationship with the customer have been settled. This also applies if individual or all claims are included by us in a current account (current account) and the balance has been struck.
10.2. In the event of a further sale, the customer is obliged to resell the goods delivered to him under retention of title only under retention of title if the goods are not paid for immediately by the third-party purchaser. In the event of the resale of the goods subject to retention of title, the customer hereby assigns to us his purchase price claim against the purchaser. Other dispositions, in particular a pledge or transfer of ownership by way of security, are not permitted.
10.3. In the event of breach of contract by the customer, in particular in the event of default in payment, we shall be entitled to demand the return of the goods without declaring a withdrawal from the contract, which is reserved.
11. Choice of Law/Place of Jurisdiction/Partial Ineffectiveness:
11.1. Austrian law shall apply exclusively to all legal relationships, including future legal relationships between the customer and us. The place of jurisdiction/performance is the court with subject-matter jurisdiction for the registered office of our company if the customer is an entrepreneur within the meaning of §§1 to 3 UGB, a legal entity under public law or a public special fund. Reference norms are excluded, as is the application of the UN Convention on Contracts for the International Sale of Goods.
11.2. The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions. In place of the invalid provision, the provision that comes closest to the meaning and purpose of the invalid provision, but is permissible, shall be deemed to have been agreed.
HOTTER GmbH
Inkobastraße 14
4730 Waizenkirchen, Austria
office@hotter care.at
+43-7277-32547
www.hotter-care.at