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TERMS & CONDITIONS

 

ENGLISH

 

  • 1 General Terms and Conditions

The general terms and conditions listed below apply exclusively to all business relations with Branko Markovic and Florian Bösenkopf. Our contracting partner is henceforth referred to as BBB (“BBB”, “Contracting Partner”, or “Receiver”). These general terms and conditions apply to all current and future business relations with Branko Markovic and Florian Bösenkopf, even when not referred to explicitly. Provisions deviating from or supplementary to these general terms and conditions – especially any general terms and conditions and conditions of purchase set forth by BBB – shall only become part of the contract if these are expressly confirmed by Branko Markovic and Florian Bösenkopf in writing.

 

  • 2 Offer and Conclusion of Contract, Quotation
  • 2.1 Offer

Offers made by Branko Markovic and Florian Bösenkopf are non-binding, unless they are explicitly termed as such. Orders made by the contracting partner are only valid once a Branko Markovic and Florian Bösenkopf order confirmation has been issued, whereby a contract is concluded.

  • 2.2 Quotation

Quotes are provided by Branko Markovic and Florian Bösenkopf according to the best of expert knowledge, however, no guarantee can be made for the correctness of the information. Should a cost increase exceeding 15% arise after placing an order, Branko Markovic and Florian Bösenkopf shall inform the contracting partner immediately. Should this cost increase constitute an unavoidable increase of less than 15%, no separate communication is necessary, and the costs will be invoiced without further ado. If nothing else was contractually stipulated, order modifications or additional orders can be charged at appropriate prices.

 

  • 3 Confidentiality

BBB hereby irrevocably pledges himself/herself not to disclose any trade secrets of which BBB has been made aware through any business relations or other contact with Branko Markovic and Florian Bösenkopf, and further not to make these available to third parties without the express consent of Branko Markovic and Florian Bösenkopf BBB further commits himself/herself to use any information on a strictly “need to know”-basis, and only within the frame provided by the stipulations of the concluded contract.

This pledge of confidentiality shall remain valid for three years after the termination of business relations with Branko Markovic and Florian Bösenkopf, or independently of the existence of business relations for three years after an offer is made by Branko Markovic and Florian Bösenkopf

 

  • 4 Prices and Terms of Payment

All our prices are in EUROS (EUR). Should sales taxes accrue, these will additionally be charged. Further fees are to be paid by BBB.

The current list of prices is provided by the Branko Markovic and Florian Bösenkopf price list. The indicated prices are valid „ex works“ and do not include costs of transport, customs, or packaging. The Branko Markovic and Florian Bösenkopf price list is valid until revoked.

Explicitly specified otherwise in written form, payment is required in advance.

BBB obligates himself/herself to pay in full the agreed-upon price as soon as the contract is concluded.

For part-deliveries payment by partial invoices shall always be admissible.

Where payment by instalments has been agreed, short or delayed payment of one instalment will immediately cause default of payment.

Should this occur, Branko Markovic and Florian Bösenkopf is entitled to reclaim the delivered goods without withdrawing from the contract, until payment including incidental costs has been made in full.

Late interest: For corporate affairs the stipulations of  § 456 UGB apply, whereby the late interest shall be 9,2 percentage points greater than the base rate, insofar as the defaulter is responsible for the delay. Should the defaulter not be responsible for the delay, and in non-corporate relations, the provisions of § 1000 ABGB apply, according to which a default interest rate of 4% is incurred.

 

  • 5 Place of Fulfillment und Risk Assumption


 The place of fulfillment shall principally arise from the agreement made.

The costs and risks of transport are borne by BBB. The goods shall be considered transferred once they are turned over to customary transport or postal services, whereby the risk is transferred to BBB.

  • 6 Reservation of Title, Rights of Use

The title to the goods shall remain with Branko Markovic and Florian Bösenkopf until full payment has been received.

The rights of use correspond to the copyright statement found on our website, to be found under

Any infringement of copyright will result in legal action being taken.

 

  • 7 Acceptance of Goods and Partial Deliveries

The contracting partner is obliged to accept all goods and services provided by Branko Markovic and Florian Bösenkopf.

If the contracting partner finds defects after accepting goods, it is within his/her right to have them removed by Branko Markovic and Florian Bösenkopf, in accordance with the guarantee.

AAA Deliveries and services are always divisible. For partial deliveries, partial acceptance is permissible.

 

  • 8 Delay and Default
  • 8.1 Delayed Delivery

The terms and dates of delivery shall be observed by Branko Markovic and Florian Bösenkopf as far as possible: They are, if they have not been explicitly termed as such, non-binding and shall always be considered expected dates of delivery to BBB.

Withdrawal from a contract by BBB due to delayed delivery is possible only after allowing for an adequate respite of at least two weeks. The withdrawal must be delivered in writing. The right to withdrawal exists solely for that part of the delivery or service which is delayed.

 

  • 8.2 Default of Acceptance

Goods not accepted by BBB on the agreed upon date will be stored for six weeks, the cost and risk of which is to be borne by BBB. Branko Markovic and Florian Bösenkopf will charge EUR 6,- for each calendar day or part thereof for this service. Branko Markovic and Florian Bösenkopf is further entitled to insist on fulfilment of the contract or, after allowing for an adequate respite, to withdraw from the contract and reutilize the goods. In case of reutilization, a contractual penalty of 10% of the invoice total, excluding VAT, is considered agreed.

 

  • 9 Guarantee

The period of warranty is six months from the date of acceptance, in accordance with § 7 of these terms and conditions.

The existence of defects needs to be verified by the contracting partner. § 924 ABGB is not applicable. Defects must be immediately reprimanded in specified, written form.

Under warranty obligations, Branko Markovic and Florian Bösenkopf is entitled to choose the type of warranty (amendment, replacement, price reductions, or conversion) provided.

Other actions undertaken by Branko Markovic and Florian Bösenkopf, such as amending defects outside the warranty obligations, or performing other services, shall be charged in accordance with the valid Branko Markovic and Florian Bösenkopf price list.

  • 933b ABGB is not applicable.

 

  • 10 Damages

Branko Markovic and Florian Bösenkopf is obliged to pay compensation only in cases of intent or culpable negligence. In cases of slight negligence, Branko Markovic and Florian Bösenkopf is liable strictly for personal injury. This liability lapses six months after BBB learns of both damages and the injuring party.

For collateral damages, missed profits, loss of interest, savings not made, secondary damages and pecuniary loss, as well as for losses originating from the claims of third persons, Branko Markovic and Florian Bösenkopf is not liable.

Insofar as a penalty has been agreed upon, irrespective of the specific case, this is subject to the court’s right to reduce or abate. The enforcement of compensation exceeding the agreed upon penalty is not permissible.

 

  • 11 Jurisdiction and Choice of Law
  • 11.1 Jurisdiction

All disputes arising from a contract, including those relating to the existence or non-existence of said contract, are to be exclusively decided by the relevant court at Branko Markovic and Florian Bösenkopf’s place of operations.

  • 11.2 Choice of Law

The contract is subject exclusively to the law of the Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods.

 

  • 12 Further Provisions
  • 12.1 Severability Clause

If one of these business conditions should be or become void or inexecutable in whole or in part, this shall not affect the validity of all other terms and conditions. The contracting partners will replace the void or inexecutable term by one which is both valid and executable, and which shall best reflect the void or inexecutable term in content and aim.

 

  • 12.2 Formal Requirements

Alterations or addenda to a contract require written form. This also applies to changes to the written form requirement.

 

  • 12.3 Offsetting

Offsetting of our claims through counterclaims of whatever kind is not possible.

 

  • 12.4 Subcontractors

The utilization of subcontractors is always permissible.