Schneid Gesellschaft m.b.H. Gewerbering 14-16 A-8054 GRAZ / PIRKA Austria Tel .: +43 (316) 28 50 22-0 Fax: +43 (316) 28 50 22-21 Email: Schneid Ges.m.b.H. VAT number: ATU 29008409 EORI number: ATEOS1000003792 ÖGK employer number: 271809-1 (ÖGK Styria) Commercial register number: 44453y Reg. Court: LG / HG for ZRS Graz DVR: 0670529 ARA license number: 18912 Tax number: 69 / 330-0279 (Graz area tax office) Chamber membership: Styria Chamber of Commerce, Salzburg Gisa (trade register): 19750378,19779430,19862118,31892599 Management: Herbert Schneid
Bank details Austria: Steiermärkische Bank AG IBAN: AT44 2081 5044 0020 6076 BIC: STSPAT2G
Bank account Germany: Sparkasse Berchtesgadener Land IBAN: DE84 7105 0000 0000 6859 82 BIC: BYLADEM1BGL
Liability for content The contents of our pages were created with great care. However, we cannot assume any liability for the correctness, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7, Paragraph 1 of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time, at which we become aware of a specific legal violation. We will remove this content immediately upon becoming aware of such legal violations.
No reminder without prior contact Should the content or the design of these pages violate the rights of third parties or legal provisions, we ask for a corresponding message to be invoiced at no cost.
We guarantee, that the passages, that are rightly objected to, will be removed immediately without the need for legal assistance on your part. Nevertheless, we will reject costs incurred by you without prior contact and, if necessary, submit counterclaims for violation of the aforementioned provisions.
Liability for links Our offer contains links to external third party websites, over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.
Copyright The content and works on these pages, created by the website operator, are subject to Austrian copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law, require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we request that you notify us accordingly. If we become aware of legal violations, we will remove such content immediately.
PHOTOS AND IMAGE MATERIAL
General Terms and Conditions of Schneid GmbH (GTC)
1. Validity For all contractual relationships between Schneid GmbH (hereinafter “seller”) and the customer or buyer (hereinafter “buyer”), the following general terms and conditions apply exclusively, which are an integral part of the respective contractual relationship. These terms and conditions also apply to all future business relationships, even if they have not been expressly agreed again. No later than the point of order confirmation, these conditions are deemed to be irrevocably accepted; Conditions of the buyer, that contradict or deviate from these GTC, will not be recognized unless the seller has expressly agreed to their validity in writing. The general terms and conditions of the seller shall also apply, if it carries out the delivery to the buyer without reservation in the knowledge of conflicting or deviating terms and conditions of the buyer. All agreements deviating from these terms and conditions only become legally effective with the written confirmation of the seller.
2. Offer and conclusion of contract The seller’s offers are subject to change and non-binding. If the order qualifies as an offer, the seller can accept the offer within 2 weeks. Declarations of acceptance, all orders and other verbal agreements require the seller’s written or telex confirmation to be legally effective. Orders placed by the buyer are binding offers for him. Drawings, illustrations, dimensions, weights or other performance data are only binding, if this is expressly agreed in writing.
The seller’s prices are generally ex warehouse excluding packaging. The statutory sales tax is not included in the published prices; this is shown separately on the invoice at the statutory rate on the day of invoicing. Additional deliveries or services will be charged separately.
All delivery dates or deadlines or all performance dates or deadlines, which can be agreed as binding or non-binding, must be in writing to be effective. In the event, that the delivery or service is due to circumstances, that are not in the seller’s control, such as events of force majeure, such as traffic disruptions, strikes, fire, water damage, power cuts, operational disruptions, official measures, lockouts, material shortages or other inevitable Events – even if these events occur at the seller’s subcontractors – are delayed in whole or in part, the seller is entitled, even with binding deadlines and dates, to extend the delivery period by the duration of the hindrance plus a reasonable start-up time or because of the not yet fulfilled part to withdraw from the contract in whole or in part. If this hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable grace period of at least two weeks, to withdraw from the part of the contract, that has not yet been fulfilled. If the delivery time is extended, or if the seller is released from its obligation, the buyer cannot derive any claims for damages from this. The seller is entitled to partial deliveries and partial services at any time. Compliance with the delivery and service obligations of the seller requires the timely and proper fulfillment of the buyer’s obligations. If the buyer is in default of acceptance, the seller is entitled to demand compensation for the damage, it has suffered. With the occurrence of default in acceptance, the risk of accidental deterioration and accidental loss is transferred to the buyer.
5. Order cancellation, order change
In all cases in which the delivery item is not completed or delivered due to the fault of the buyer, the buyer must pay the agreed remuneration. The same applies, if the buyer reduces the scope of the order, after receipt of the order confirmation. Additional orders and changes to the scope of services, before or during the manufacturing phase, are to be issued separately by the buyer. Changes or additional orders are not included in the price information, in the order confirmation or the offer on the part of the seller and must be paid for separately. Additional services in this sense include, in particular, those services which are carried out in accordance with the order, in order to adapt the delivery item contrary to the specification and the specifications of the buyer’s working basis.
6. Property Rights
If the seller is obliged to deliver or change the delivery item, in accordance with the express specifications of the buyer, the buyer is responsible for ensuring that any property rights of third parties are not violated as a result. In the event of a culpable breach of duty, the buyer is obliged to indemnify and hold harmless the seller with regard to all third-party claims.
7. Transfer of risk
The risk of loss or damage to the delivery item is transferred to the buyer no,later than the point, the work is accepted or as soon as the shipment has been handed over to the person carrying out the transport, or has left the seller’s warehouse for the purpose of dispatch. The risk passes to the buyer as soon as the seller reports, that the goods are ready for dispatch. The place of performance is the registered office of the seller’s company. After the transfer of risk or acceptance of the product, the buyer must immediately examine the functionality of the product and immediately notify the seller of any detected and hidden defects after their discovery in a comprehensible form and including the relevant evidence, otherwise the seller is finally relieved of any obligation to remedy the defect.
In accordance with the statutory provisions, the seller guarantees the buyer, that the goods sold are free of defects at the time of delivery. Warranty and guarantee claims are excluded in any case, if the goods have been changed or improperly handled, if the seller’s instructions for using and operating the goods have not been followed, or if third parties have corrected errors on the object of purchase without the express consent of the seller. This warranty regulation is final; any warranty or guarantee declarations that go beyond this on packaging, operating instructions and otherwise in connection with goods, cannot be asserted against the seller. Attempts to improve are carried out exclusively by the seller or their agents at the registered office of the seller’s company; any reimbursement of expenses, such as for the transmission of the delivery item to the seller or for improvements by the buyer himself or third parties, is excluded; unless a different agreement is concluded in writing. The buyer is obliged to immediately provide the seller with all information and comprehensible documents, that are required to identify the defect. If the alleged defect cannot be determined during an inspection by the seller, the buyer bears the costs of this inspection. In the event of a defect, the seller is entitled to make three attempts at repair or new delivery (supplementary performance) at its exclusive option. Any deadline set by the buyer, must be made in writing, whereby the deadline must be at least 14 working days. If the seller’s operating or maintenance instructions are not followed, changes are made to the products, parts are exchanged or consumables are used, that do not correspond to the original specifications, any warranty is void, if the buyer makes a corresponding substantiated claim, that only one of these circumstances caused the defect , not comprehensibly refuted.
9. Retention of title
The seller retains ownership of the delivery item until all payments from the legal relationship with the buyer have been received. In the event of default in payment, the seller is entitled to demand the immediate return of the delivery item. With this reclaim, the immediate withdrawal from the contract is justified. After taking back the goods, the seller is authorized to use them; any proceeds from the sale are to be offset against the buyer’s liabilities – less reasonable disposal costs. If third parties access the reserved goods, in particular through seizure, the buyer undertakes to point out the ownership of the seller and to notify them immediately, so that they can assert their claim to ownership. If the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for these.
The seller’s invoices are due immediately. In the case of a delivery abroad, the seller is entitled to demand, that the buyer hand over an unlimited bank guarantee in the amount of the order value of the delivery item, in order to secure its payment claims. If the buyer defaults on payment, the seller is entitled to demand interest of at least 12 percentage points above the respective base rate of the European Central Bank. If the buyer does not meet his payment obligation within seven days, the seller is entitled to stop working. The seller cannot be held responsible for delays caused by this. In the event of default in payment, a delay in payment, or a lack of creditworthiness and the risk of bankruptcy on the part of the buyer, the seller can initiate the immediate delivery block (especially with regard to partial deliveries), whereby the buyer waives any (recourse) claims against the seller in the event of any kind of damage . The buyer is only entitled to set-off or retention rights if his counterclaims have been legally established, are undisputed or have been recognized by the seller.
11. Limitation of Liability
Any claims for damages against the seller, as well as against their vicarious agents and agents, are excluded, as long as there is no intentional or grossly negligent act, mandatory statutory provisions remain unaffected. If the buyer invokes the assumption of a guarantee, he bears the burden of proof for the existence of a guarantee case.
12. Assignment, applicable law, place of jurisdiction, place of performance, miscellaneous
The seller is entitled to assign its trade accounts receivable. The seller’s place of business is the place of performance. The present legal relationship is based exclusively on Austrian law, whereby the application of the Vienna Sales Convention is expressly excluded. The exclusive jurisdiction of the competent court at the registered office of the seller shall apply, whereby this place of jurisdiction is also expressly agreed for all foreign buyers. Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
The following conditions also apply