General terms and conditions of business

PURCHASING TERMS AND CONDITIONS of Akustik Buch GmbH, Naaffgasse 6, 1180 Vienna

§ 1 Scope of Application

The following General Terms and Conditions apply to both current and future business relationships between us and the customer. The version valid at the time the contract is concluded shall apply in each case and will be provided upon request at any time.Our General Terms and Conditions shall apply exclusively. If the customer also intends to contract on the basis of their own terms and conditions, it is agreed that our General Terms and Conditions shall take precedence and that the customer's terms and conditions are excluded in their entirety.

§ 2 Packaging Ordinance – Exemption from obligations vis-à-vis ARA

All packaging supplied to Akustik Buch must be licensed by the customer through an approved packaging collection and recycling system, such as ARA. The customer shall indemnify and hold us harmless from any costs associated with the disposal of their packaging.

§ 3 CE Approval

It is agreed that, where CE marking is required for the relevant goods, Akustik Buch shall be deemed to have ordered only goods that bear the CE marking and comply with the applicable CE regulations.

§ 4 Retention of the Purchase Price/Remuneration for Work

Until the customer has fulfilled all of their contractual obligations in full, we reserve the right to withhold the entire purchase price or contract payment.

§ 5 Exclusion of the obligation to give notice of defects

Akustik Buch is not obliged to inspect goods received or to give notice of any defects pursuant to the obligation to inspect and give notice of defects under Section 377 of the Austrian Commercial Code (UGB).

§ 6 Warranty – Damages

In all other respects, the statutory provisions governing warranty claims and claims for damages shall apply.

§ 7 Delayed Delivery

In the event of a delayed delivery, including any delayed partial delivery, we shall be entitled to claim, or deduct from the purchase price, a penalty of 5% of the total purchase price or contract price for each day of delay, irrespective of fault. This shall not affect our right to claim compensation for any additional damages.

§ 8 Warranty

Without prejudice to the statutory warranty provisions, the Seller guarantees that the goods supplied and/or services performed can be used for the period of durability normally expected in the ordinary course of business without requiring repairs. This guarantee does not apply to wear-and-tear parts.

§ 9 Retention Money

For a purchase price or contract price exceeding €10,000 plus VAT, we shall, unless otherwise agreed, be entitled to retain a retention amount of 5% of the gross price for a period of two years.

§ 10 Final Provisions

Austrian law shall apply exclusively. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.The exclusive place of jurisdiction for all legal disputes arising out of or in connection with this contract shall be the court with subject-matter jurisdiction for Vienna’s First District.Written amendments or corrections to these General Terms and Conditions shall be deemed not to have been included and will not be accepted by us. Any oral collateral agreements shall also not be valid.

§ 3 Prices

The prices quoted are daily prices and shall remain valid until revoked. Price indications are subject to change. Statutory VAT is not included in the prices.In the case of shipment, the price shall, unless otherwise agreed, be understood as excluding reasonable shipping costs.The customer undertakes to pay the price upon receipt of the goods or services, but no later than within 30 days. After expiry of this period, we shall charge default interest at a rate of 10 percentage points above the Austrian National Bank’s base interest rate.The customer undertakes to bear all costs and expenses associated with the collection of outstanding claims, including in particular our reasonable reminder fees, collection costs, and any other costs necessary for the appropriate enforcement of our rights.

§ 4 Set-off and Retention

Set-off against counterclaims shall only be permitted if the counterclaim has been legally established by a final and binding decision or has been acknowledged by us. A complete withholding of payments shall not be permitted.Retention of the purchase price or contract price shall only be permitted to the extent that the performance has not yet been rendered or has been rendered defectively.

§ 5 Retention of Title

We retain ownership of the goods until the purchase price has been paid in full. If the goods are processed prior to full payment of the purchase price, we acquire full ownership of the new item. Notwithstanding this, we are entitled to claims for damages and compensation for use. Asserting our retention of title does not prevent us from continuing to insist on payment of the full purchase price.

§ 6 Transfer of Risk

In the case of shipment purchases, the risk of deterioration or damage to the goods shall pass to the customer upon handover of the goods to the forwarding agent, carrier, or any other person appointed to carry out the shipment.

§ 7 Default

In the event of default, the customer must grant us a reasonable grace period of at least four weeks in order to be entitled to withdraw from the contract.

§ 8 Warranty and Damages

The customer is obliged, both when purchasing goods and when accepting services or works, to notify us in writing of any defects in a substantiated manner by registered letter within 5 working days of delivery of the goods or performance of the service. Failure to do so shall result in the loss of any warranty claims, claims for damages (including claims for consequential damages arising from defects), and claims based on error.The limitation period for the judicial assertion of warranty claims, claims for damages, and claims based on error shall be set at 6 months. The reversal of the burden of proof pursuant to Section 924 of the Austrian General Civil Code (ABGB) is excluded.We shall only be liable in cases of gross negligence or intent. Compensation for consequential damages and financial losses, unrealised savings, loss of interest, and damages arising from claims by third parties against the customer shall be excluded in all cases.Any compensation for damages payable by us shall be limited in amount to three times the value of the order.

§ 9 Final Provisions

Austrian law shall apply exclusively. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.The exclusive place of jurisdiction for all legal disputes arising out of or in connection with this contract shall be the court with subject-matter jurisdiction for Vienna’s First District.Written amendments or corrections to these General Terms and Conditions shall be deemed not to have been included and will not be accepted by us. Oral collateral agreements shall also not be valid.