GTC
1. scope of application
The following terms and conditions apply exclusively to all deliveries and services of the seller.
The seller does not recognise the buyer's general terms and conditions unless the seller has expressly agreed to their validity in writing. The contract language is German.
2nd offer
Offers are non-binding with regard to prices, quantity, delivery time and delivery possibility in the sense that a contract is only concluded when the seller declares acceptance of the order placed with him.
3. content of the contract
All sales are only concluded for specific quantities, articles, qualities and fixed prices.
The content of the contract is determined by the mutual declarations. The Seller's order confirmation, or alternatively the Buyer's order letter, shall take precedence. Amendments to the content of the contract and ancillary agreements require written confirmation by the Seller in order to be agreed. The Seller is authorised to make partial deliveries.
If the clarification of necessary production specifications is delayed beyond the time of conclusion of the contract, an agreed delivery period shall be extended and an agreed delivery date shall be postponed accordingly.
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the item description and the supplementary information on the supplier's website.
4 Place of fulfilment, delivery and acceptance
The place of fulfilment for all services arising from the delivery contract is the location of the seller's commercial establishment.
Unless explicitly agreed otherwise, the goods shall be delivered ex works. Goods shall be dispatched at the expense and risk of the Buyer. Dispatch by M. Maurer Ges.m.b.H. can be agreed. In this case, the freight costs incurred will be charged to the buyer by M. Maurer Ges.m.b.H..
Partial deliveries are possible at the customer's request. In this case, freight costs will be charged per delivery.
Packaging costs for special packaging shall be borne by the buyer.
If, due to the fault of the Buyer, the goods are not accepted on time, the Seller shall be entitled, at its discretion, after expiry of a grace period of 12 calendar days to be set, either to invoice the goods with immediate maturity (invoice in arrears) or to withdraw from the contract and claim damages.
In the event of agreed partial deliveries, the Buyer undertakes to accept these within 14 days of being requested to do so by the Seller. If the buyer is in default of acceptance, the seller may withdraw from the contract or invoice the partial performance, whereby this invoice is due immediately. The damage and costs arising from the delay in acceptance shall be borne by the buyer. In the case of long-term orders, the statutory interest rate of 9.2% above the respective base rate shall be charged for storage exceeding 6 months.
Ordered samples will be charged at full value and cannot be returned.
Requested samples of stock goods (stock) shall be deemed to have been accepted if they are not returned free of charge within 10 days from the date of receipt by the buyer. Outturn samples will only be produced and delivered on request and against payment of the costs.
In the event of incorrect deliveries for which M. Maurer Ges.m.b.H. is responsible, the goods must be returned by the buyer within 5 working days using a logistics company to be specified by M. Maurer Ges.m.b.H.. Later returns will not be accepted.
4a. Shipping & Insurance
Shipping within Austria and Europe is carried out by GLS as standard. For worldwide shipments and individual domestic or European deliveries, Austrian Post or another suitable delivery service can also be selected.
GLS shipments are covered by basic insurance up to a net value of EUR 550. A higher insurance exceeding this amount is offered by M. Maurer Ges.m.b.H. and will be invoiced separately. Higher insurance is possible for deliveries within Austria and Europe and can be taken out up to the following values:
- up to EUR 2.000,- net
- up to EUR 3.500,- net
The charge will be shown separately on the invoice.
If the buyer does not make an express agreement on higher insurance, the shipment will only be made with the standard insurance of the respective transport company. Any damage that exceeds the standard insurance shall be borne by the buyer if no higher insurance has been taken out.
5. prices
Prices are quoted net, excluding VAT, ex works excluding packaging and are valid for 2 months from the date of the quotation. Costs for set-up times are shown separately in the quotation.
6. payment
Invoices are due for payment immediately without deduction of any freight costs and other expenses and can be sent by M. Maurer Ges.m.b.H. in person, by post, by fax or in electronic form (e.g. email).
In the case of contract processing orders, invoices are payable net without deduction 5 days after the invoice date.
Price changes or deductions from invoices are not permitted without written confirmation from the seller.
The seller reserves the right to demand a reasonable down payment and invoice in advance, this applies in any case to new customers for the first two orders.
For new customers, M. Maurer Ges.m.b.H. reserves the right to fulfil orders exclusively against cash in advance or cash on delivery. An additional fee will be charged for cash on delivery, which will be shown separately on the invoice.
In the case of customised productions, 50% of the order value is deemed to be agreed as a down payment when the order is placed.
For security reasons, EUR 200 and 500 notes are not accepted for cash payments at the M. Maurer Ges.m.b.H. shop. Card payments (ATM & credit card) are possible from a purchase value of EUR 25.
The minimum order value (value of goods) per order is €50, for orders below this a minimum quantity surcharge of €15 will be charged.
For buyers who have a registered office outside Austria, a payment option by credit card, bank transfer with IBAN/BIC or PayPal is offered, charges for this will be charged to the buyer in the invoice.
7. default of payment
Invoices must be paid on time in accordance with the payment terms (the date of receipt of the invoice amount in the account of M. Maurer Ges.m.b.H. shall apply).
Late payment is penalised in accordance with EU Directive 2011/7/EU.
Interest on arrears 9.2% above the respective statutory base rate.
An additional reminder fee of EUR 10.00 will be charged for each reminder level.
If the outstanding amount is not paid on time after the last reminder, the agenda will be handed over to an authorised debt collection agency.
This shall not exclude the assertion of further damages caused by default. The Seller shall not be obliged to deliver under the current contract before full payment of invoice amounts due, including interest. If the Buyer is in arrears with a due payment or if there is a significant deterioration in his financial circumstances, the Seller may demand cash payment for all outstanding deliveries before delivery of the goods, with the payment term being cancelled, and under the same condition all claims may be made due. Retention of due payments or offsetting shall only be possible on the basis of legally established claims of the Buyer or claims recognised in writing by the Seller.
The Buyer may neither assign nor pledge claims and rights arising from an existing contractual relationship without the Seller's written consent.
In the event of an increase in payments outside the agreed payment period, the customer account is automatically switched to prepayment. The buyer will be informed of this in writing.
8. reservation of title
The delivered goods shall remain the property of the seller until all claims against the buyer have been settled in full, even if they have been included in a current invoice.
9. delay in delivery
In the event of a delay in delivery, a reasonable period of grace of at least 4 weeks, in the case of finished goods of at least 8 weeks, shall be set, which shall be sent by registered letter after the expiry of the delivery period.
The Seller shall be entitled to withdraw from the contract to the exclusion of any liability for damages if the ability to deliver, pricing or quality of the goods of its suppliers or the services of other third parties, on which the proper fulfilment of the order placed essentially depends, change significantly to an unreasonable extent.
In the event of force majeure (strike, lockout, unrest, state of emergency, shortage of raw materials, traffic disruptions, war, fire, flooding, labour shortage, energy shortage, official measures, etc.), the delivery obligation shall lapse in whole or in part without the Buyer being entitled to claim damages.
10. complaints
Deviations in quality, feel, thickness, surface, design, weave and finish as well as tolerances in weight, width and length of up to ± 10% are permissible for technical reasons or in accordance with standard market practice. The reproduction of a colour tone of an original is carried out to the best of our ability in terms of dyeing technology. Colour deviations are due to technical reasons and are customary in the industry and cannot justify a complaint. Details in drafts, descriptions, offers etc. are only to be regarded as approximate; therefore the buyer cannot complain about deviations of the delivered goods from these details, unless they are neither customary in the trade nor reasonable.
For customised products, we reserve the right to deliver ± 20% more or less.
11 Defects and warranty
Any defects in the delivered goods must be reported by the buyer immediately in writing, at the latest within one week of receipt of the goods, and non-obvious defects within one week of their discovery, but no later than 4 weeks after receipt of the goods by the buyer. In the case of customised products, any defects must be reported within one week of receipt of the goods. If the buyer fails to report a defect immediately or on time, or if the goods are modified after the defect has been discovered or could have been discovered by the buyer, the buyer loses all warranty rights.
Colour deviations can occur within a normal tolerance range and cannot be accepted as a defect.
Insofar as a properly submitted notice of defects is justified, the buyer shall receive replacement goods free of charge.
Instead, the seller can also choose to repair the defective goods, cancel the contract with regard to the defective goods or reduce the purchase price. If the seller has opted for replacement delivery or repair and is in default with the fulfilment of the chosen warranty obligation, the buyer must set him a reasonable grace period of at least six weeks and, if this grace period expires without result, demand, at his discretion, rescission of the contract with regard to the defective goods or a reduction in the purchase price. Any further liability of the seller is excluded, unless the defect of the goods or the delay in replacement delivery or rectification is due to intent or gross negligence on the part of the management or an executive employee of the seller. Rejected goods may only be returned with the express consent of the seller.
Warranty rights due to defective delivery shall expire twelve months after the date on which the risk has passed to the customer.
12. rights and intellectual property
The buyer is solely responsible for checking the right to reproduce all badges and templates, including the designs produced by the seller. By placing the order, the seller assumes that the buyer is authorised to have the ordered typeface, word and figurative mark produced, distributed and used. The buyer is obliged to indemnify the seller against all possible claims by third parties that may arise from the preparation and completion of the assigned work. Liability on the part of the seller is excluded in this respect. The Seller shall provide technical application advice to the best of its knowledge on the basis of research work and experience. Information on the suitability and application of the delivered goods is non-binding. In the event of the assertion of claims in accordance with the law on fair trading or patent and trade mark claims by third parties, the seller is entitled to withdraw from the contract at any time.
13. place of jurisdiction
The exclusive place of jurisdiction for all disputes concerning and arising from the contract, including proceedings relating to bills of exchange and cheques, shall be Vienna.
Applicable law: The law of the Federal Republic of Austria shall apply.
The application of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods, Federal Law Gazette 1988/96 is expressly excluded.
In the event that contracts are concluded with consumers, the following shall apply:
For actions against buyers who are consumers within the meaning of the Consumer Protection Act and whose domicile, habitual residence or place of employment is in Austria, only the jurisdiction of a court in whose district one of these places is located can be agreed.
