1. Scope
These General Terms and Conditions (GTC) apply to all deliveries and services of WASSERGRAF GmbH (“Contractor”) towards entrepreneurs within the meaning of Section 1 of the Austrian Business Code (UGB). They do not apply to consumers. Conflicting or deviating terms of the customer only apply if expressly agreed in writing.
2. Offer and conclusion of contract
Our offers are subject to change. A contract is concluded upon our written order confirmation or upon execution of the delivery/service. Cost estimates are non-binding unless expressly designated as binding.
3. Prices and payment
Prices are net plus statutory VAT. Unless otherwise agreed, invoices are due within 14 days of the invoice date without deduction. In the event of default, default interest pursuant to Section 456 UGB and reasonable costs of collection apply.
4. Delivery and performance
Delivery periods are approximate unless a fixed date has been expressly agreed. Partial deliveries are permitted to a reasonable extent. Events of force majeure extend delivery periods accordingly.
5. Retention of title
Delivered goods remain our property until full payment of all claims arising from the business relationship.
6. Warranty
The customer must inspect the delivery immediately and give notice of defects in writing without undue delay (Section 377 UGB). Warranty is provided, at our discretion, by improvement, replacement or price reduction. The warranty period is 12 months from handover, unless mandatory law provides otherwise.
7. Liability
We are liable for damages only in the case of intent or gross negligence. Liability for slight negligence, consequential damages, lost profits and pure economic loss is excluded to the extent permitted by law. This does not apply to personal injury or under the Product Liability Act.
8. Place of performance, jurisdiction, applicable law
Place of performance is the registered office of the Contractor in Steyr, Austria. Austrian substantive law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The court having subject-matter jurisdiction for 4400 Steyr shall have exclusive jurisdiction.
9. Severability
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
Note: This is a legal template for B2B use. Adapt it to your actual business model (delivery, service, licensing) and have it reviewed by a lawyer before use.