The conditions of payment and delivery are an integral part of the contract between the customer and ourselves. We make agreements and offers ultimately only on the basis of the following contract conditions. Other verbal conditions and separate treatments must be in agreement with our written endorsement to be legal and are applicable only in individual cases. Conditions of delivery and all other general business conditions of the buyer are only procurable through our express confirmation.
The given prices are gross prices. The legally determined purchase tax is included.
Possible quantity and/or quality shortcomings in the form or warranty or damage claims made by the buyer must be reported telegraphically or by telephone with a written follow-up affirmation at the latest within 24 hours after acceptance. We are allowed to relieve ourselves from the legal expectations in a contract abolishment or reasonable price alteration through the exchange of the damaged turf for a damage-free product or to deliver the missing turf. The delivery of a turf type that does not correspond with the order is always considered an insignificant quality shortcoming which can be corrected by an exchange.
The amount to be delivered will be determined by us and confirmed through the take-over by the customer. Alterations to the delivered amount of turf from the ordered amount up to 5% are insubstantial and require no follow-up delivery or price reduction. In the case of an over-delivery, the buyer is not required to pay more.
The laying and installation of the turf is an issue of the buyer. To avoid other damages covered by the warranty guarantee, the buyer is obliged to carry out the installation immediately, at most within 48 hours after the delivery. Until installation, a cool storage space must be arranged for, and after installation sufficient watering must be undergone until the normal growth of the turf on the mother soil. In addition, the buyer must ensure that the space will be installation-ready.
Immediately after the buyer has completed the agreed installation of the turf, the turf must be watered. After the installation of the turf and the watering, the turf will be the responsibility solely of the buyer. The buyer is responsible for providing a sufficient supply of water after the installation until the normal growth of the turf on the mother soil in order to avoid damages not covered in the warranty guarantee. The buyer explicitly accepts the acknowledgement that a damage-free growth of turf can only occur through the corresponding care by the buyer.
Damage claims by the buyer will only be valid in the case of gross carelessness.
Our receipts are payable in net cash 14 days after billing at most. In the case of late payments, a default interest of 1% per month will be added to the legal added value tax. The bills payable of the buyer can not be nullified through the offset of bills receivable to him. If it is the case where the buyer is a consumer in the sense of the consumer protection law, this offset forbiddance is valid with the limitations of § 6 Paragraph 1 Number 8 KSchG.
Until the complete payment, the products remain the property of the seller, and in the case of resale, the buyer must bind the third party equally to this. The buyer is required to inform the customer in his/her general business terms and conditions that in order for the property to switch owners, full payment must first be fully received from the buyer.
In the case of a default of payment, the seller has the right, after a grace period of two days, to dissolve the contract, in such a case to pick up the delivered turf immediately.
Should the delivered turf not be installed by the buyer, but by a third party, the buyer hereby surrenders all outstanding debits against the third party if need be to us.
f it is the case where the buyer is a consumer in the sense of the consumer protection law and the business isn’t completed by us in the conventionally accepted range, a right of withdrawal is valid in the sense of § 3 Paragraph 1 KSchG. § 3 Paragraph 1 KSchG. Stipulates:
“The consumer has the right to withdraw from a contract when neither the company completes its business goal in the conventionally accepted range nor delivered one from these to an event or stand at market; so is he/she allowed to withdraw from his/her contractually proposal or contract. The withdrawal can occur up until the settlement of the contract or afterwards within a week; the period begins with the delivery of the agreement which contains at least the name and address of the company as well as indoctrination of the withdrawal to the consumer, however the earliest is upon settlement of the contract.
Exclusive place of execution and jurisdiction is Gänserndorf.