Terms and Conditions
1. Validity
These General Terms and Conditions (GTC) of expect-more Elektrotechnik GmbH (Contractor) apply to all legal transactions (offers, orders, contracts, etc.) concluded with the business customer (Client) in the future, even if no express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders. The version of our GTC current at the time of conclusion of the contract, available on our homepage (www.expect-more.at), shall apply in each case. The customer's terms and conditions or amendments or additions to our GTC require our express consent to be valid.
2. Quotation/cost estimate
The cost estimate for repairs and the quotation for the sale of equipment or replacement equipment shall be prepared to the best of our professional knowledge. Quotations and cost estimates shall be valid for four weeks. Unless otherwise agreed, the prices quoted are net, in euros and exclusive of tax.
3. Conclusion of contract
The contract shall only be deemed concluded upon receipt of written confirmation of the cost estimate by the customer or of his order. We shall be entitled to reject an order if the customer changes the terms of the offer or if he has breached obligations arising from another order.
4. Invoicing and terms of payment (due date, partial payment, discount)
We may demand payment in advance without giving reasons. The customer agrees that invoices may be issued and sent to him electronically. Unless other terms of payment have been agreed, the invoice is due immediately and must be paid no later than 30 days after invoicing (payment date). In the case of partial settlements, the corresponding partial payments are due upon receipt of the respective invoice. The entitlement to a cash discount requires an express written agreement.
5. Interest on late payment
Full or partial non-payment of an invoice by the payment date, without prior reminder and without prejudice to any claims for damages by the contractor, shall result in statutory interest on arrears at a rate of 9.2 percentage points above the base rate p.a. from the date of default until the date of full payment of the amounts due.
6. Reminder and collection costs
In the event of late payment, the customer undertakes to reimburse us for the necessary and appropriate costs incurred in collecting the debt (reminder costs, collection fees, solicitors' fees, etc.).
7. Transport – Transfer of risk
Our prices do not include the costs of delivery, assembly or installation. The customer bears the costs of transport. The risk of transport is transferred to the carrier or the customer upon delivery of the goods.
8. Warranty and liability
The provisions regarding statutory warranty apply. The warranty period for our services is 6 months from delivery. If the customer does not raise a complaint in good time, the goods shall be deemed to have been approved. Transport and travel costs incurred in connection with the rectification of defects shall be borne by the customer. If the customer's complaints are unjustified, the customer shall be obliged to reimburse us for any expenses incurred in determining that there are no defects or in rectifying other faults. The warranty shall be excluded in any case if the defect was caused by gross negligence on the part of the customer.
With the exception of gross negligence or personal injury, our liability is limited to the amount stated in the invoices excluding taxes, to the exclusion of any other compensation of any kind whatsoever.
9. Retention of title for equipment sales or exchange equipment sales, penalty
The goods or exchange goods sold by us remain our property until full payment has been made. If the customer is in default of payment, we are entitled to demand the return of the goods subject to retention of title after setting a reasonable grace period. In the case of the sale of exchange devices, the customer undertakes to send us the defective device for which the exchange device was delivered within 4 weeks of delivery of the exchange device to the customer. Defective devices become our property immediately after delivery of the replacement device. If the defective device is not sent back on time, the customer undertakes to pay a penalty of EUR 50 per day of delay.
10. Place of performance
The place of performance for our services is the registered office of expect-more Elektrotechnik GmbH, 2651 Reichenau an der Rax, Griesleiten 3. For services provided on site at the customer's premises, the place of performance is the location where we actually provide the services. This location must be agreed with us in writing in advance.
11. Non-performance/delay in delivery and performance
The customer must accept minor delays in delivery without being entitled to claim damages or withdraw from the contract.
12. Default of acceptance
If, after delivery of a defective device to us for repair, no contract is concluded within 4 weeks of the submission of an offer or cost estimate, the customer shall be in default of acceptance. In this case, we are entitled either to store the device at the customer's expense (for which a storage fee of EUR 10 per day will be charged) and at the same time to adhere to the contract offer, or to withdraw from the contract offer after setting a grace period of 3 months and to dispose of the goods elsewhere.
13. Place of jurisdiction and applicable law
Austrian law applies. The UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the business customer is the court with local jurisdiction for our registered office.