General Terms and Conditions

Terms and conditions of the company

3-P-Services GmbH

Im Eigen 56

3143 Pyhra

Austria

 

  1. Applicability

1.1 Sale and delivery of the company 3-P-Services GmbH is in accordance with the mail order company as well as the Internet distribution, which shall provide its services exclusively in the business relations of trade and commerce, handcraft, autonomous professions as well as public authorities in accordance of utilization in the terms of autonomous, professional and commercial functions following general sales and delivery conditions (following: delivery condition), which you acknowledge through the apportionment of the order or the receipt of the delivery.

1.2 The instant delivery conditions apply exclusively. Terms and conditions of the Customer, if any, shall not be accepted unless expressly agreed, otherwise in writing on a case-by-case basis. These delivery conditions apply also in case that 3-P-Services GmbH acknowledges your opposing or from these delivery conditions differing conditions, the delivery will be executed implicitly.

1.3 There is the possibility, to restrict the sale and delivery to certain local areas.

 

  1. Conclusion of contract

2.1 The offers of 3-P-Services GmbH are free-living, unless, we explicitly indicate a covenant period of validity. With the order of the product, you express bindingly to acquire the product with the indicated price. A contract follows only in case of the acceptance of your purchase order, which follows with the delivery of the product through 3-P-Services GmbH.

2.2 You can order your purchase via phone, via email, via the Internet, via telefax or via a sales letter.

2.3 The indicated specifications in the mail order catalogue as well as on the web page of 3-P-Servies GmbH- as for example the description of images- only serve as identification of the product and are only approximately representative and shall not indicate any specifications of the composition, so far they are not explicitly identified in written and binding form. The composition, suitability, qualification and function of our products as well as the purpose of use of our products are only explicitly identified through characterized specification as well as technical qualifications. Public statements, extolling or advertisement through us or through third parties do not state any indication of composition.

2.4 Guarantee for the composition or durability of our products need to be explicitly characterized in the confirmation of order.

2.5 We reserve the right, to modify and/or editing the design or respectively in the case of technical development of our products, which are not imperilling and appropriate for the contract use, shall be executed without advanced notice.

2.6 We reserve the right, to limit the release of the products on commercial quantities.

2.7 Variances in case of product range as well as price variances can occur due to differences between catalogue and online business prices. Who orders products due to conditions of the catalogue, must not rely or refer on the different conditions on the Internet, and vice versa.

2.8 You are obliged to announce immediately any change to 3-P-Services GmbH in case of the name or respectively also of the company, the legal form of law, the living address and the official location of the company as well as the change of the invoice address and/ or bank connection or payment arrangements. All changes need to be in a written form and send immediately to the email hotline: 3-P-Services@aon.at.

 

  1. Delivery time and- dates, transfer of perils

3.1 Delivery dates and deadlines are unless expressly agreed to be binding delivery, or service periods stated shall only be approximate and non-binding. Binding agreements on deadlines shall be recorded in writing and subject to the company’s written confirmation. The delivery of the products is only carried out after the examination and approval of your customer data. We reserve the right, to withdraw the concluded contract according to paragraph 2, if the approval of the customer data does not occur. In this case, please inform us via phone, email, fax or mail.

Delivery dates are announced through us with an order confirmation.

Only after the term of expiration an additional respite occurs, which is set by you and only than a delay occurs. Delivery deadlines start only with the receipt of an eventually agreed payment instalment.

3.2 Products, where no specific delivery times are mentioned, shall be sent to you within 2 working days from our storage.

3.3 The delivery is carried out through a transport company, to the stated delivery address, which is specified in the order by you. In case the transport company doesn’t meet you at the first instance, the company will leave a message with an appointment, for an anew delivery. In case no one should be on site for the second delivery attempt, it is the duty of your company to telephonically arrange a deadline for the delivery within 5 days with the transport company.

3.4 We reserve the right, that due to a reasonable occasion, we have the possibility to arrange partial delivery.

3.5 With the delivery (handing over) of the products, the risk passes over. If the delivery delays on behalf of reasonable reasons on your side, the risk passes over from the date of the first delivery attempt.

3.6 In case of delivery with palette, we do not take any responsibility for its disposal. Non-returnable palette need to be licenced according to the commercial law of packaging.

 

  1. Prices, payment conditions, title retention

4.1 All prices are according to the net price (without lawful value added tax) indicated in Euro-

4.2 Together with the products (in individual cases separately) you will receive an invoice concerning the delivered products and if applicable forwarding charges and cash on delivery charge expenses.

The payment arrangements: You can pay according to following possibilities:

Via bank transfer immediately on our invoice account according to our bank account. However a cheque payment is excluded.

We reserve the right to, request another indicated payment form. In individual cases we additionally reserve the right, to only carry the requested delivery in case of pre-payment or via cash on delivery. You will be informed in case of such a decisions.

All requirements are applicable on the date of the delivery of the products.

4.3 The invoice amount is applicable on the date of maturity. After 3 days of the date of maturity and receipt of the invoice you will automatically result in an invoice default. An earlier occurrence of default according to the statutory regulations remains unaffected.

4.4 We are entitled to demand a net payment of 10, – Euro after each reminder default.

4.5 During the delay you have the possibility to pay interest according to the remaining amount of 10 percentage points above the base rate interest. We reserve the right, in case of an additional damage caused by delay, to prove this issue and claim the amount of damage.

4.6 Until full payment the delivered goods remain in our property. You are required to immediately notify us with all details in case of distrains or any other legal obstacles, which allows us to use applicable legal means against these. In case if you don’t meet your obligations of this contract or other contracts with us or circumstances will be noted affecting your credit worthiness, we have the right to disclaim the contract. Then your right of possessing the reserved goods will diminish and we can demand them back. We reserve the right and are entitled, to enter your factory premises at common business hours and to take possession of the reserved goods as well as to sale these goods by private treaty or through a sale in auction, in accordance of your payment and other obligations without prejudices in order to realize those products in the best possible way. The utilization revenue will be charged after the deducting expenses have occurred, those expenses are your liability and on your behalf; in case of a remaining surplus, we will disburse this amount.

4.7 The right of set-off is only applicable, in case that your counter claim is valid, legally binding, beyond dispute, or is acknowledged form our side. You have the right to claim retention, however only insofar as your claim is based on the same single contract relation.

 

  1. Warranty claims, obligation of examination

5.1 In case of warranty claims, the customer shall notify any defects immediately and in any case within 5 working days of delivery/provision of the service by the Service Provider after they were identified in writing including a description of the defect; otherwise the service shall be deemed accepted. Any hidden damages immediately need to be notified.

5.2 In the case of a justified and timely notification of defects the Customer shall be entitled to improvement or replacement of the delivery/service by the Service Provider

5.3 The Service Provider shall repair the defects within a reasonable period of time and the Customer shall enable the Service Provider to take all measures which are necessary for examination and repair of the defects. The Service Provider shall be entitled according to 5.2 to refuse improvement of the service if such improvement is impossible or if the Service Provider were to incur disproportionately high costs. In that case the Customer shall be entitled to cancel the contract or get a fee reduction. In the case of improvement the Customer shall send the defective (physical) item at his cost. After failed subsequent price reduction, the goods shall remain with the Customer, insofar this is reasonable. The claim for damages is limited to the difference between the purchase price and the value of the defective good. This does not apply if 3-P-Services GmbH has caused the contract injury intentionally.

5.4 The 3-P- Services GmbH assumes no liability for any damage caused by inappropriate, improper or faulty storage, use, installation, commissioning, treatment or installation by you or by normal wear, if the damage is not represented by 3-P-Services. Receiving an inadequate assembly instruction, we shall only be obliged to deliver fault-free assembly instructions and this only if the defect in the assembly instructions for the proper assembly.

5.5 On advertising pattern for test purposes and complimentary offerings are not entitled to warranty claims or replacement.

 

  1. Liability

6.1 We are only liable in case of intended and/ or in case of gross negligence. Insofar as in the case of gross negligence or intended breach of the contract, the liability for damages will be limited to the foreseeable, typically occurring damage.

6.2 Paragraph 6.1 shall not apply to any mandatory statutory liability, in particular under product liability law or liability for culpably caused personal injury to life, body and health and where we have assumed warranty.

6.3 You have to take all appropriate measures to prevent damage and mitigation.

6.4 We do not resume any liability for accidents at work and or additional costs due to efforts of our customers due to a warranty claim of the Customer or in case of a failure to not comply with the delivery time, which can be traced back to the responsibility of third parties.

 

 

  1. Return and Withdrawal

7.1 Since we execute an order-oriented purchase order system and only produce order-oriented, there is no return or cancellation for the distributed goods or services. Unless we agree explicitly according to individual cases.