1.1. Deliveries, services and quotations shall be made solely on the basis of these Terms and Conditions of Sale. Customers’ terms which conflict with or differ from our Terms and Conditions of Sale shall not be recognised unless their validity has been expressly agreed.
1.2. In this respect, activities for the fulfilment of contracts do not count as consent to contractual terms and conditions differing from our Terms and Conditions.
1.3. These Terms and Conditions of Sale form the basis for framework agreements and for all other legal transactions between Storetec Systems GmbH and its contractual partners.
2.1. Our offers remain subject to change. An offer of contract from a Customer requires an order confirmation. The shipment of the goods ordered by the Customer effects the conclusion of the contract. If offers are provided to us, the party providing such offers remains bound by them for a period of 8 days after receipt of the quotation.
2.2. We are not obliged to implement the performance until all the technical details have been clarified and the Customer has clearly fulfilled any structural, technical and legal requirements for execution.
2.3. Performances that are not expressly contained in the quotation or in other contractual documents signed by us are not owed.
2.4. If the execution of the performances takes place on the basis of plans, floor plans and sketches or instructions provided by the Customer, the latter shall guarantee to us that the documents and instructions provided are correct. No duty of inspection and warning exists on our side in respect of these documents and instructions. If the Customer wishes the work, equipment, machines or documents provided by it to be checked, this must be expressly agreed and the Customer shall owe an appropriate remuneration for this.
3.1. All the prices stated by us are exclusive of VAT unless expressly stated otherwise.
3.2. If wages costs on the basis of collectively agreed provisions within the sector or internal deals or other cost centres relevant for the calculation or costs necessary for the provision of the performance such as those for materials, energy, transport, third party work, finance etc. should change, we are entitled to increase our prices accordingly.
4.1. Quotations are only binding when they are prepared in writing and expressly identified as binding; the preparation of a quotation does not oblige us to accept the order.
4.2. Cost estimates are non-binding; no guarantee exists that these are correct and/or complete.
4.3. Insofar as it is necessary for the provision of the performance, the Customer is obliged to inform us of all specifications and the intended area of use accurately in writing.
5.1. Unless agreed otherwise, our claims must be paid in cash step by step in exchange for the handover of the goods. Cash discount deductions require a separate agreement. In the event of arrears of payment, including part payments, any discount agreements shall become invalid.
5.2. Customer payments are only regarded by us as having been made from the time at which they are received in our business account or we have accepted the cash payment.
5.3. If a Customer is in arrears of payment, we are entitled to request interest on late payments in the amount of 8 percentage points above base lending rate.
6.1. In the event of default of acceptance (Point 8.) or other material reasons, such as in particular bankruptcy of the Customer or dismissal of a petition for bankruptcy proceedings due to lack of assets, as well as in the event of arrears of payment by the Customer, we are entitled to withdraw from the Agreement insofar as this has not yet been entirely fulfilled by both sides.
6.2. In the case of withdrawal and in the event of the Customer being at fault, we have the choice between requesting flat rate compensation of 10 % of the gross invoice amount or the replacement of the damage actually incurred.
6.3. In the event of the Customer being in arrears of payment, we are released from all further performance and delivery obligations and are entitled to hold back all still outstanding deliveries or performances and to request advance payments or securities respectively, or after setting an appropriate grace period to withdraw from contract.
6.4. If the Customer – without being entitled to do so – withdraws from the Agreement or requests the cancellation thereof, we have the choice between insisting on the fulfilment of the Agreement or agreeing to the cancellation of the Agreement; in the latter case the Customer is obliged at our choice to pay flat rate compensation in the amount of 15 % of the gross invoice amount or the damages actually incurred.
7.1. The Customer undertakes in the event of arrears to reimburse us for the costs of reminders and collections we incur, all costs of extrajudicial and judicial collection measures, in particular the costs of a collection company or a lawyer.
8.1. Unless not expressly stated otherwise in the quote, our retail prices do not include costs for delivery, assembly, commissioning or other services. Upon request, these services can be provided or organized by us for an additional charge. For transport/delivery, we will charge the actual costs, at least the regular shipping costs of the selected type of transport valid on the day of delivery. Assembly, commissioning and other work/services are billed based on time, whereby the hourly rate for the relevant work applies (€ 95.00 to € 180.00 in 2024, plus value added tax in the legally prescribed amount; subject to change without notice).
8.2. The Customer shall take note of the operating and commissioning guidelines handed over on the occasion of purchase, and in particular shall take care that the prescribed maintenance works are carried out professionally.
8.3. The Customer undertakes to indemnify us and hold us fully harmless for all disadvantages resulting from improper handling, commissioning or storage of the goods delivered by us.
8.4. If the Customer has not accepted the goods as agreed (default of acceptance), we are entitled - after setting a grace period without success - either to store the goods at our premises, for which we shall invoice a storage charge of 0.1 % of the gross invoice amount for each calendar day or part thereof, or at the premises of an authorised third party at the expense and risk of the Customer.
8.5. At the same time we are entitled either to insist on fulfilment of the Agreement, or after setting an appropriate grace period of at least 2 weeks to withdraw from the Agreement and dispose of the goods elsewhere.
9.1. We are only obliged to execute the performance as soon as the Customer has met all its obligations necessary for such execution, in particular all the technical and contractual details, preparatory work and preparation measures.
9.2. If the agreed dates and delivery periods are exceeded by us, the Customer shall only be entitled to withdraw from the Agreement after the expiry of an appropriate grace period.
The place of performance is our company’s registered office (in accordance with the register of companies).
Minor changes to our performance or delivery obligations, or such changes as are reasonable for the Customer, are taken as approved in advance. This applies in particular to discrepancies caused by the item (e.g. of dimensions, colours, plastics, metals, composition of non-ferrous metals, etc.).
12.1. We primarily fulfil customer claims under warranty in all cases by exchange, repair within an appropriate period or lastly price reduction. The Customer can only request rescindment (annulment of contract) if the defect is material, can not be rectified by exchange or repair and is not reasonable for the Customer. Customer claims for compensation with the aim of rectifying the defect through improvement or exchange can only be asserted if we have fallen into arrears of fulfilment of the warranty claim despite a qualified grace period having been set.
12.2. Claims under warranty must be asserted judicially within one year of the delivery of the item.
12.3. If the existence of a defect is asserted by the Customer, claims resulting from this, in particular on account of warranty or compensation, can only be asserted if the Customer proves that the defect was already in existence at the time of delivery of the goods; this also applies within the first six months after delivery of the goods.
12.4. The Customer must inspect the goods immediately after delivery, but at the latest within 6 working days. Defects established during such inspection must be notified to us in writing immediately, but at the latest within 3 working days of being discovered, stating the type and extent of the defect.
12.5. Hidden defects must be notified in writing immediately, but at the latest within 3 days of being discovered. If a notification of defects is not made, or is not made in good time, the goods shall be taken as approved.
12.6. In any event our warranty obligation shall lapse with the expiry of the warranty period; any special regress over and above this by the Customer pursuant to Section 933b ABGB [Allgemeines Bürgerliches Gesetzbuch – Austrian Civil Code] on account of warranty obligations which the Customer has fulfilled itself is excluded.
12.7. Claims under warranty lapse if our performances have been altered, supplemented or processed by third parties or by the Customer itself or in the event of defective assembly by it.
12.8. In the event of damage to the delivery item by external, such as mechanical, effects no warranty exists; wear parts or other parts that are subject to normal wear are also excluded from warranty.
12.9. Furthermore no warranty exists for inappropriate or improper use, normal wear, in the case of maintenance works being missed if these were recommended, in the case of incorrect or negligent handling, as well as the use of inappropriate and/or inadequate operating facilities.
13.1. Outside the scope of application of the Produkthaftungsgesetz [Austrian Product Liability Act], liability is only accepted for damages to customers and/or third parties insofar as intent or gross negligence can be demonstrated. Liability for minor negligence, consequential damages, indirect damages, collateral damages, loss of profit, pure financial losses and from damages from third party claims is excluded. In any event our liability is limited to a damage sum in the amount of 50% of the net value of the goods delivered, whereby the delivery that is in a causal relationship with the damage incurred shall be decisive for the calculation.
13.2. The limitation period in respect of asserted claims for damages is two y ears from the transfer of risk.
13.3. These provisions on compensation also apply if the claim for damages is asserted as well as or in place of a claim under warranty.
Claims for recourse within the meaning of Section 12 Produkthaftungsgesetz are excluded unless the party entitled to recourse proves that the defect was caused within our sphere and was caused at least by gross negligence.
15.1. All goods are delivered by us subject to retention of title and remain our property until full payment. The assertion of retention of title includes a withdrawal from the Agreement only when this is expressly declared.
15.2. When goods are taken back we are entitled to charge for transport and handling charges incurred. In the event of third party access to goods that are subject to retention of title – in particular through garnishment – the Customer undertakes to make reference to our ownership and to inform us immediately.
15.3. If the Customer is not an entrepreneur of whose usual business operations the trade in the goods acquired from us forms part, it must not dispose over the goods that are subject to retention of title until the outstanding claim to the purchase price has been settled in full, and in particular may not sell, pledge, give away or lend them.
15.4. The Customer bears the full risk for the goods that are subject to retention of title, in particular for the risk of destruction, loss or deterioration.
16.1. In the event of delivery under retention of title, until our claims are finally paid the Customer hereby assigns to us on account of payment its claims in respect of third parties insofar as these have arisen through the sale or processing of our goods.
16.2. If we so request, the Customer must name its buyers to us and inform the latter of the assignment in good time. Such assignment must be entered in the business books, in particular in the list of outstanding items, and must be made apparent to the buyer on delivery notes, invoices etc.
16.3. If the Customer is in arrears with its payments to us, its incoming sales revenues must be separated and the Customer must hold these in our name.
16.4. Possible claims against an insurer are hereby assigned to us within the limits of Section 15 Versicherungsvertragsgesetz [Austrian Insurance Contract Act].
16.5. Claims against us may not be assigned without our express consent.
Even in the event of justified complaints, apart from in cases of rescission, the Customer is not entitled to withhold the full amount but only an appropriate portion of the net invoice amount.
18.1. Austrian law applies.
18.2. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
18.3. The contractual language is German.
18.4. The parties to the Agreement agree on Austrian domestic jurisdiction. Exclusively the court with competence in the matter for the registered office of our company shall be competent locally to decide on all disputes from this Agreement.
19.1. The Customer gives his consent also for the personal details included in the purchase agreement in fulfilment of this Agreement to be stored and processed electronically by us.
19.2. The Customer is obliged to us to inform us of changes to its business address for as long as the legal transaction which forms the subject of the present Agreement has not been completely fulfilled on both sides. If such communication does not take place, declarations shall also count as having been received if they are sent to the last address notified to us.
19.3. Plans, sketches or other technical documents always remain our intellectual property just as samples, catalogues, brochures, illustrations and similar do. The Customer does not receive any rights to the use of works or patent rights of any kind whatsoever.
20.1. If one provision of these General Terms and Conditions of Business should be fully or partly ineffective, or become ineffective on the basis of statutory provisions, the remaining provisions of these General Terms and Conditions of Business remain effective without alteration. The Parties undertake to replace the ineffective provision by an effective provision of such content as comes closest economically to the ineffective provision.
20.2. The Customer notes and gives its agreement that changes to the present General Terms and Conditions of Business can take place and shall form the basis of the continuing business relationship and become effective from the month following notification thereof unless the Customer objects within 4 weeks.
1.1. Only the General Purchasing Terms and Conditions are valid for all orders and purchases by Storetec Systems GmbH. Orders by Storetec Systems GmbH are only awarded based on these General Purchasing Terms and Conditions.
1.2. We explicitly object against contradicting or deviating terms and conditions (especially sales, delivery and other business conditions) of the contractors or sellers. If a deviating written agreement has not been made, then the application of these terms and conditions is the prerequisite and condition for the closing of the contract.
1.3. Purchasing orders or orders are only binding in a written, company conforming format. Purchasing orders or orders placed verbally or through the phone will only become binding with a subsequent written and company conforming confirmation.
1.4. By accepting the order or the purchasing order, the contractor/seller obligates itself to deliver the goods exactly in the listed, ordered and agreed quality, quantity and description. For this purpose, the detailed adherence to the listed specifications, parts lists, drawings or technical documents or other information required for the execution of the order or the purchasing order is required.
1.5. Any material/goods delivered must be in accordance with the relevant Austrian and legal EU standards and regulations. Deviations must be approved explicitly by Storetec Systems GmbH in case of deviations from the listed standards or regulations.
2.1. All required documents must be attached to the delivery. The term required documents includes especially all shipping documents, certificates of origin, certificates, review verifications, registration documents, conformity declarations and other documentations that must be available for the use of the goods as well as all documents explicitly requested by us. The supplier assumes the possible costs for the acquisition of these documents.
2.2. Excess or over-deliveries that are made without a legally effective purchasing order from us will not be accepted under any circumstances, not even if they are viewed as in accordance with the industry standard.
2.3. If goods must be delivered as a call-off order, then they must be stored professionally until the call. We have the right to inspect the stored goods.
2.4. For proper allocation, our order number must be placed on all documents listed above.
3.1. The delivery or service must be provided by the contractor/seller to the delivery address listed on the respective purchasing order. If not agreed otherwise, then the delivery address is also the invoicing address.
3.2. If we should specify or exclude certain shipping methods, certain transport means, transport paths or freight forwarders, then these determinations are binding for the contract partner.
3.3. If we should not specify any shipping regulations, then INCOTERMS (in the respectively valid version) DDP Plant A-6020 Innsbruck are agreed.
3.4. If not agreed otherwise, then partial deliveries will not be accepted.
3.5. If not agreed otherwise, then the ownership is only transferred after a proper acceptance at the location specified by us.
4.1. Assumed that a delivery date was agreed, then all orders or purchase orders awarded by us are firm deals. If delivery dates are exceeded, then we have the right - in accordance with §§ 919 ff ABGB - to cancel the contract and to establish a claim for damages.
4.2. The contractor has no claims in case of such a contract withdrawal. If for any reason a business case should not have been closed as a firm deal and if the contract partner does not fulfill the contract in a proper manner, at the correct time or in an agreed way, then we have the right to withdraw from the contract without claim for compensation for the contractor but with the right for us to claim compensation.
4.3. In case the contract partner is in arrears, then a penalty in the amount of 1% of the gross order value - however a maximum of 50% - is agreed for each day of delay (Sundays and holidays are viewed as days in arrears). The assertion of additional, actually occurred damages based on the delayed delivery as well as other damages that go beyond the delay is reserved.
5.1. The prices agreed in the order are always fixed prices.
5.2. Should a change of the prices occur due to cost increases at the contract partner, then such an increase of the prices cannot be charged to us. For additional or supplemental deliveries, which are directly related to the contract in question, the contract partner is obligated to grant us the same condition as for the contract in question. This is independent of the ordered volume or the other circumstances of the new order.
6.1. The arrival of the delivery at the listed delivery address or the acceptance of the service by our personnel is viewed as the fulfillment date.
6.2. Non-adherence to the delivery or the fulfillment date specified in our order gives us the right to declare the contract withdrawal without awarding a period of grace and without prior announcement for the volume that was not delivered at this date.
6.3. The supplier is liable for all harms that are caused by the exceedance of the delivery time (service period). Deliveries and services that are not accepted will be made available to the supplier at the delivery address specified in the order.
7.1. The payment targets listed in the order will always be calculated after the proper acceptance of the goods at our facility or the acceptance of the services and the receipt of the invoice. Deliveries before the ordered delivery date have no impact on the payment target.
7.2. If no other payment targets should be agreed as part of an order, then the following applies in accordance with the above listed conditions: 14 days – 3% discount or 60 days net.
7.3. If partial payments should be agreed, then the respective transfer will only be made against explicit written requests (invoicing).
7.4. By accepting the order, the contract partner declares that it agrees to all of the above conditions.
8.1. It is explicitly agreed that the assertion of the notice of defects is not bound to the adherence of any deadlines neither with respect to open, nor still hidden defects.
8.2. Hidden defects give us the right to request a reimbursement for the wages expended for the machining and processing.
8.3. We also have the right to compensation for damages for all harms that occurred to us due to the deficient service performance.
9.1. The contract partner guarantees that the delivered goods are in accordance with the regulations of the Austrian product liability law and that the contract partner is fully entitled to dispose of the goods and that it therefore transfers into our unrestricted ownership. In case that claims are raised against us based on the delivered goods (material, product, etc.), the contract partner accepts the obligation to hold us completely free of damages and complaints (indemnity obligation) and to join us as a joint-intervenient in possible processes.
9.2. The contract partner is obligated to perform a detailed product observation and to keep the goods always in the current state of the scientific and technical knowledge and to provide, if required, all production documents to us and to inform us immediately about the manufacturer and importer.
9.3. The contract partner must attach a detailed instruction manual for the delivered goods (products) with easily understood symbols and must consider the typical use, especially also by non-craftsmen.
9.4. A possible hazardousness of the goods must be separately highlighted. If product errors (design, production, instruction errors or transport damages, etc.) occur or if they become known, then the contract partner must inform us immediately and must reimburse all costs, especially also those for a call-back action.
9.5. The contract partner is obligated to establish an adequate product liability insurance - including series production damages - and to keep us free of damages and complaints in damage and regress cases.
9.6. The contract partner herewith relinquishes all payment claims against the insurance to us.
10.1. If the products purchased by us are subject to property rights, especially patent rights, then the purchase of these rights is included in the sale price as far as it is required for the use or the machining and processing of the ordered goods.
10.2. The contract partner is liable towards us to ensure that third party property rights are not violated and holds us completely free of damages and complaints through the first request.
10.3. The contract partner assures that all deliveries/products/goods or parts thereof are in accordance with the respective - if available - legal community directives (machine directive including codes of practice) and holds us in this respect completely free of damages and complaints.
We have emphasized our commitment for the environmental protection, the adherence to human rights and the work standards as well as for the fight against corruption by implementing our Corporate Social Responsibility guidelines (CSR guidelines). These guidelines emphasize our willingness to request the adherence to the principles of the sustainable development also from our suppliers and service providers.
By accepting our guidelines, the supplier accepts the obligation to undertake all required efforts to apply and implement our guidelines without exception by adhering to the contract regulations and the valid national statutory provisions.
Any intentional non-adherence to the principles listed in the CSR guidelines by the supplier is viewed as a violation against its contract obligations and can result up to contract terminations based on the fault of the supplier plus potential claims for damages.
If a supplier should not be in a position to adhere to one or more regulations in our guideline based on special circumstances, then the supplier must inform us about this and must agree jointly to required corrective actions.
11.1. Ethics
The loyalty principle, which creates and maintains permanent trusting relationships applies to us and to our suppliers. The supplier aligns its activities to the principles of honesty and justice as well as to the prevailing competitive rules and the valid anti-corruption regulations in the business relationships. The contract negotiations and the contract implementation must not result in behaviors or actions that can be viewed as active or passive bribery, co-guiltiness for passive bribery or the so-called cronyism.
We treat our suppliers sincerely and fairly, independent of their size and market position. We request that all purchases are handled in accordance with the principle of an open and fair competition.
The supplier accepts the obligation to not offer or grant presents, invitations, favors, favoritisms or other benefits to our employees or their families, which could restrict the incorruptibility, the free judgment or the objectivity of the said employee in its business relationships with the supplier. Little somethings in form of presents can be accepted by the employees only in exceptional cases and at adequate occasions (e.g. at the end of the year), they must be of little value and must be within the realm of what is normal in the industry.
It is prohibited for the supplier to assume the travel or accommodation costs for our employees in case of a location inspection. Invitations to business meals or cultural or sporting events, etc., must be limited to exceptions and must not represent disproportionate expenditures.
11.2. Adherence to the work standards
11.2.1. Forced and compulsory labor
The supplier accepts the obligation to not use any forced or compulsory labor. We define forced and compulsory labor as any type of labor or service by an individual person on pain of penalties, for which the individual person has not volunteered.
11.2.2. Moonlighting
The supplier accepts the obligation to not use any moonlighting as it is defined in the legal regulations.
11.2.3. Child and juvenile labor
The supplier accepts the obligation to adhere to the regulations with respect to the abolition of child labor and the protection of minors as these are specified in the national legislations. The supplier especially commits itself not to hire any person who has not yet reached the minimum age in accordance with the national legislation.
11.2.4. Discrimination
The supplier accepts the obligation to not make any difference, exclusion or preference based on race, skin color, gender, profession of faith, political opinion, the national heritage or the social origin that results in the fact that the equal opportunities or equal treatment in employment or job are abolished or impaired.
We do not view the differentiation, the exclusion or the preference of persons based on the qualification required for a certain activity as well as special measures that accommodates the special requirements of persons who based on their gender, age, an individuality, family related pressures or their social or cultural background require a special protection or special support (positive discrimination) as a discrimination.
11.2.5. Working time
The supplier adheres to the local laws with respect to the working times
11.2.6. Compensation
The supplier adheres to the local laws with respect to the minimum wage and accepts the obligation to pay its employees their compensation regularly. The supplier accepts the obligation to pay overtime in accordance with the pay scale specified the locally valid laws.
11.2.7. Health and safety protection
The supplier tries to guarantee a safe work environment that does not represent risks for the health. The supplier ensures that its activities do not impair the health and the safety of its employees, its sub-contractors, the players involved in the respective project, the neighboring population and the users of its products.
The supplier acts proactive with respect to hygiene and safety questions. The risks associated with its activities must be identified and assessed. The supplier takes all measures required for the limitation and, if possible, for the removal of these risks.
11.3. Environmental protection
The supplier makes an effort to reach highest standards with respect to environmental protection. This applies to its products as well as to its environmental management system, especially with respect to the preservation of nature, the conservation of biodiversity and the ecological systems, the utilization of natural resources as well as the waste and hazardous material management. The supplier makes all necessary efforts to prevent damaging impacts of its activities on the environment or to hold them as low as possible by advancing responsible and environmentally conscious activities. The supplier makes an effort to limit adverse effects for the neighboring residents, to reduce its energy consumption, residues in the water, in the air and in the soil; this also applies to the different stages of the production, the transport, the installation at the location, the marketing of the products and services as well as the disposal of the waste.
The supplier considers environmental protection, hygiene and safety criteria when purchasing products and services as well as during the design, realization and implementation of its own products and services to limit the damaging impacts of its products and services during their entire life cycle and to the maintain or even increase the quality.
The supplier accepts the obligation to adhere to the valid laws and standards as well as the laws of the target country/countries of its products.
12.1. The place of fulfillment is the place of destination listed in our respective order. The goods travel at the risk of the contract partner until the arrival at this fulfillment location.
12.2. Austrian law applies.
12.3. The applicability of the UN purchase law is excluded.
12.4. The contract language is German.
12.5. The contract parties agree on Austrian, domestic jurisdiction. The local court at the headquarters of our company is responsible for the decision about all disagreements that are caused by the contract relationship.
