1. The offer
The contractor’s offers are non-binding. We reserve the right to make modifications to the equipment as a result of further technical developments. All technical documents remain the intellectual property of the contractor. Solely the contractor’s terms and conditions apply; these can also be viewed online on the contractor’s homepage. The customer commits to view these terms and conditions online if they are not in any case also delivered or transferred as documentation. The customer expressly and fully recognises the application of these terms and conditions.
If material costs rise between the time when the contract is concluded and when the agreed work is carried out as a result of recommendations made by the Paritätische Kommission (the Austrian Parity Commission), changes in global market prices for raw materials, changes in acquisition prices or circumstances out of the contractor’s control which lead to additional work and costs, the prices under consideration shall rise accordingly, unless the period of time between the contract being awarded and the agreed work being carried out is less than two months. Prices are exclusive of VAT, ex warehouse or ex works and do not include packaging, shipping or distribution costs. We shall charge for packaging costs at cost price. Prices with no quantity specified are unit prices.
3. Performance periods and deadlines
If the start date for the agreed work is delayed or the work itself is interrupted, the agreed performance periods shall be extended and the agreed completion deadlines postponed accordingly. If the delays or interruptions have been caused by circumstances beyond the contractor’s control, and the contractor does not bear any fault, the customer shall bear all additional costs incurred due to the delays or interruptions and the contractor shall also be permitted to declare his services and work payable by means of partial billing.
Reminder and bill of exchange charges, as well as the costs of out-ofcourt enforcement on the part of a solicitor, shall be borne by the customer. If the customer defaults on a payment, the contractor shall be authorised to calculate default interest of at least 12% annually; claims for compensation of higher interest rates shall not be affected. The contractor is also authorised to transfer the debt claim to a debt collection agency, with these costs being reimbursed by the customer.
5. Reservation of title
All goods delivered, installed or otherwise transferred shall remain the property of the contractor until they have been paid for in full. If the customer defaults on payment, the contractor shall be authorised to take back any goods acquired under reservation of title; this does not equate to a withdrawal from the contract. The customer is therefore obliged, in the event of a seizure or other type of availment against the delivered or installed goods, to assert the right of ownership of SOLARFOCUS GmbH and to notify it of the situation immediately. In the case of resale, the customer shall pledge the purchase price claim against his customer in advance in order to safeguard the claim against the contractor as arising from this contract, is also obliged to record this lien in his account books.
Identifiable defects shall be notified in writing within one week of receipt of the goods, hidden defects within one week of discovery of the defect.
7. Selling online
Selling SOLARFOCUS products online is only permitted if it ensured that installation on site is performed by the seller or a person, named by the seller, with sufficient technical and legal qualification; service and maintenance by the seller or a technically qualified third party must also be ensured if SOLARFOCUS products are sold online. All prices are stated in
euros and excluding VAT. Subject to price changes. Deviating terms and conditions (of purchase) are not recognised. Payment terms: payment in advance.
8. Transport and insurance
When the goods the customer has ordered are handed over to the carrier (post office, federal railway or forwarding agent), the contractor shall be deemed to have completed its contractual duties and the risk shall transfer to customer. Once the delivery or service has been accepted, all risks and the costs of storage shall be borne by the customer. The entire risk for this partial delivery shall also transfer to the customer in the event of partial deliveries.
Provided that the customer does not claim for cancellation, the warranty shall take the form of a free of charge rectification of the proven defects, within the statutory warranty period. If the defects cannot be rectified or are associated with unreasonably high costs, an appropriate replacement shall be provided. All ancillary costs accrued in rectifying defects (such as for installation and removal, disposal, driving and travel time) shall be borne by the purchaser/customer.
10. Compensation for damages
The contractor shall only be liable for damage he has caused to items, belonging to the customer, which he has accepted for processing in the course of performing the agreed work. All other customer claims, particularly those for compensating any further damage, including consequential damages, shall be excluded unless the contractor is guilty of gross negligence or intent.
11. Product liability
The equipment delivered and services rendered shall offer only the level of reliability that can be expected based on certification regulations, operating and instruction manuals, regulations provided by the supplier, etc. and other stated instructions. In the case of statutory product liability, liability – including that of the upstream supplier or sub-contractor – shall be limited to damages sustained by the consumer. This limitation of liability shall be transferred in full to all consumers, with the obligation to transfer it further to the customer's clients and their clients in turn.
12. Place of fulfilment
Unless otherwise expressly agreed in writing, the place of fulfilment shall be the contractor’s headquarters in 4451 St. Ulrich.
13. Place of jurisdiction
The domestic jurisdiction of Austria is agreed for all disputes arising on the basis of this contract between the customer and the contractor. The place of jurisdiction for all disputes is 4400 Steyr (local jurisdiction). Exclusively Austrian law shall apply to this contract, with the exception of IPR and the UN CISG.
14. Warranty claims for compensation
Warranty claims for compensation in the case of deliveries made via specialist dealers (installation engineers, wholesalers, etc.) shall be limited without exception to the free-of-charge delivery of spare parts excluding installation costs. The customer expressly waives the reimbursement of driving costs, installation costs and any other costs.
Returns are only possible within one year and with a collection order. Any notification of a return request must be provided to the contractor’s sales department, and must be accompanied by the delivery note number or invoice number. The collection order is then sent to the customer. The goods can only be returned to the contractor with this collection order, as the goods cannot be properly allocated in the contractor’s warehouse without the collection order. A returns fee of 20% of the net value of the goods will be charged to the customer for all returns. Any deficiencies found when inspecting the goods will also be charged to the customer. The customer expressly recognises these payment obligations.