GTCs – General terms and conditions

1. General

These sale and delivery terms are an integral part of every quote from or contract concluded between Raintime GmbH and the customer (hereinafter referred to as the “purchaser” or “ordering party”). They also apply to all business correspondence unless referenced separately in conjunction with a single or partial order or an existing business relationship. All quotes and business transactions are subject exclusively to these terms and conditions, which arerecognised as valid when the ordering party places an order or accepts the delivered goods.

2. Delivery terms

Agreed delivery dates are binding. They are deemed as fulfilled when the risk is transferred to the purchaser before the delivery date expires. This is conditional on the purchaser providing us with the necessary information in good time. Risk is transferred to the ordering party when the ordered goods are handed over to the person or shipping agent responsible for transport. This also applies when our transport service is used. If handover or shipping is delayed due to reasons for which we are not responsible, the risk shall be transferred to the ordering party on the day the goods are declared ready for shipping. Transport insurance cover is available. The purchaser shall pay the cost of transport. In the event we decide to pay the cost of transport, this shall not affect the transfer of risk. Partial deliveries are permissible.

3. Prices and payment terms

Unless agreed otherwise in writing, the prices stated in quotes and concluded contracts are without obligation. The stated prices are based on the costs at the time they are quoted. Price changes occurring prior to delivery shall be to the benefit or at the expense of the purchaser. Raintime GmbH is entitled to take intermediate price changes including changes to currency parity into account when producing the invoice or a supplementary invoice. This does not give the purchaser a right to withdraw. Prices do not include the cost of assembly or installation. These costs will be billed on a time and materials basis. All prices apply per unit or linear metre. The stated prices are non-binding net prices, i.e. excluding VAT, ex-works and unpackaged from our warehouse facility at Santorastraße 8, 2482 Münchendorf, Austria.All shipping costs, in particular packaging, COD charges, transport costs and transport insurance costs, shall be borne by the purchaser. Errors, misprints and price changes reserved. Payments are due immediately and in full. Payments will be offset against the oldest claims, regardless of any contrary terms of the purchaser. Bills of exchange and cheques will only be accepted by separate written agreement and only if they are free of charge to us. Bills of exchange and cheques will only be accepted as a method of payment, but not instead of payment. In the event of a payment default, a default interest rate of 4% per month or a default interest rate of 9.08% over the base rate of the Austrian central bank plus sales tax shall apply. This rule applies without a requirement to issue a payment reminder and under reservation of the right to claim further damages from private customers. Article 456 of the Austrian Enterprise Code (UGB) applies to the calculation of statutory default interest in business transactions. In addition, the purchaser is obligated to reimburse dunning and collecting costs. If the bank interest rate payable by us is higher, then the corresponding interest rate is considered as agreed. The ordering party is not entitled to offset payment against existing or alleged claims or to withhold payment for any reason, in particular for alleged claims under guarantee or warranty or incomplete delivery. All claims raised by us are payable immediately if the purchaser fails to comply with payment terms or if we become aware of a significant negative change to the purchaser’s financial circumstances after conclusion of contract. Furthermore, we shall then be entitled to deliver outstanding products and services only against prepayment or provision of a security. We can withdraw from the contract if a prepayment or a security is not provided within a reasonable period of time. In the event of a withdrawal from the contract the ordering party shall be obligated to pay the actual costs incurred by us, but no less than 20% of the contract value. Custom-made products shall be paid in full.

 4. Warranty

(The following stipulations of Section 4 shall apply to transactions governed by consumer protection law only as far as permissible). We guarantee that our deliveries are not deficient, which includes the omission of assured properties. In the event of a deficient delivery, our liability under warranty shall be either for remedy or replacement at our discretion. Replaced parts become our property. Insofar as we acknowledge a deficiency complaint, we shall adopt the cost of labour and material required to remedy the deficiency. Every warranty obligation shall become null and void if defects are due to improper handling, normal wear and tear or interventions such as improvements or other manipulations that do not have our approval. Complaints raised on account of incorrect or incomplete delivery or immediately recognisable defects must be reported to us in writing within 8 days of receipt of the goods, which will otherwise be deemed as accepted. Parts delivered by other suppliers are subject to the
respective manufacturer’s warranty. Indemnification is only possible after the respective manufacturer has acknowledged the claim. Goods can only be returned with our prior written consent. Defects affecting individual parts do not entitle the purchaser to return the entire shipment. All additional claims of the purchaser that differ from these stipulations are excluded regardless of their legal basis.

5. Retention of title

All products delivered by us and any products into which they are incorporated shall remain our property until the purchase price and all other associated costs have been paid in full. We are entitled to withdraw from the contract with immediate effect if bankruptcy proceedings are opened concerning the assets of the ordering party, or the opening of bankruptcy proceedings is declined due to a lack of sufficient assets or if there are concerns regarding the purchaser’s reliability or ability to pay. In such an event the purchaser shall take the products into safekeeping and shall be obligated to pay compensation for any loss of value and the cost of services rendered and any other claims. We are entitled to charge a cancellation fee amounting to 20% of the purchase price.

6. Liability

Raintime GmbH shall only be liable for damages caused with intent or through gross negligence and only up to the amount of the money received for the product that caused the damage. All additional claims, in particular claims for compensation, are excluded. Compensation for claims due to loss of profits and/or consequential damages are excluded under all circumstances.

7. Invalidity of individual provisions

If a provision of these terms and conditions is invalid, it shall be replaced by a provision that comes as close as possible to the commercial purpose of the invalid provision. If one or more provisions of this contract should prove to be invalid, this shall not affect the validity of the rest of the contract.

8. Assignability of claims

Customers can only transfer rights and obligations relating to this contract to third parties with the written consent of Raintime GmbH.

9. Place of jurisdiction – Miscellaneous

The competent court in Korneuburg is the agreed tplace of jurisdiction for any dispute arising from this contract.