AGB

General Terms and Conditions of the company Beta-Automatisierung GmbH towards entrepreneurs

1.General:
1.1 Our general terms and conditions apply - unless otherwise expressly agreed in writing - to the present contract as well as all future contracts within the scope of the business relationship, even if a reference is not expressly made in the future in individual cases. The customer's own terms and conditions are hereby expressly rejected. These shall in no case form part of the contract. This shall also apply if we no longer expressly object to other terms and conditions in this respect in a subsequent contractual document,
, in which reference is made by the contractual partner.
1.2 By executing the order and accepting the goods delivered by us, the customer confirms his agreement with our terms and conditions.
1.3 Should individual clauses of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid clause shall be replaced by the permissible provision that comes closest in economic terms to the purpose intended by the invalid clause.
1.4 Additions or amendments to the contract and these General Terms and Conditions must be made in writing and signed by us. Statements made by our employees shall only be binding if they have been confirmed by us in writing.
1.5 Orders of any kind, in particular also those received by us orally or by telephone, shall only be accepted by us subject to full acceptance of our General
Terms and Conditions of Business and Delivery.
1.6 Our contracts shall be governed exclusively by the law on sales contracts, even if we should manufacture the goods according to the customer's wishes. If, in exceptional cases, we conclude a contract for work and services, the provisions of the Austrian Civil Code (ABGB) shall apply in addition if the customer is an entrepreneur.

2. Scope 2.1 The following terms and conditions shall apply to all orders placed via our online store by entrepreneurs. 2.2 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. 2.3 The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected. They shall only become part of the contract if we have agreed to them in writing. 3. Contractual Partner, Conclusion of Contract, Possibilities of Correction, Contractual Text
3.1 The purchase contract is concluded with the company Beta Automatisierung Handels GesmbH. 3.2 The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. 3.3 You can put our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order. 3.4 We accept your offer within two days by issuing a declaration of acceptance or order confirmation in a separate e-mail or, if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. 3.5 The time of execution of the payment transaction depends on the respective selected payment method. The relevant alternative for you depends on which of the listed events occurs first. 3.6 The language(s) available for the conclusion of the contract: German 3.7 We store the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet. 4. Offer and Acceptance 4.1 Our offers are free and non-binding. Our written order confirmations are decisive for the scope of delivery.
4.2 The prices stated in the order confirmation shall only be binding if there are no anticipated delivery or performance deadlines of more than three months. If a longer period is stated in the contract, the prices valid on the day of delivery shall be deemed agreed.
4.3 The contract is concluded when we accept the customer's offer (order) in writing (order confirmation), otherwise by executing the order. The customer is obliged to check our declaration of acceptance/confirmation of order immediately. Any deviations from his order must be reported immediately. If this is not done, the content of the contract shall be based exclusively on the content of the
declaration of acceptance/confirmation of order. If no formal order confirmation is issued, the above shall apply mutatis mutandis to the transmitted invoice. In the case of deliveries based on verbal or telephone orders, we are not responsible for faulty deliveries due to hearing errors or misunderstandings.
4.4 We expressly reserve the right to make changes in design and weight insofar as they are technically necessary or serve technical progress.
4.5 Drawings, catalogs, sample brochures etc. provided by us are the intellectual property of the author or our company. Such documents are protected by relevant statutory provisions with regard to reproduction, imitation, competition, etc.. They are therefore for the personal use of the recipient only and may not be reproduced or made available to third parties
without our express written permission. Illustrations and information in our catalogs and brochures are not binding for the execution. We shall not be liable for any printing errors in our catalogs, price lists and other printed matter.
4.6 Obvious errors, printing, calculation, spelling and calculation errors are not binding on us and do not entitle the customer to performance or compensation.
4.7 A contestation of the contract by the customer due to error, omission of the business basis or laesio enormis is expressly excluded. 5. Delivery time:
5.1 Information on delivery times is always non-binding. Our deliveries in commercial transactions shall also be subject to correct and timely self-supply, receipt of all necessary documents and timely and complete performance of any cooperation obligations by the customer. The customer's wishes regarding the delivery date will be taken into account as far as possible, but are always non-binding. Claims for damages, penalties for delay or the like arising from alleged late delivery are excluded.
5.2 Cases of force majeure shall release us from the delivery obligation for the duration of their existence. Force majeure includes, for example, industrial action, lockouts, natural disasters, etc.
5.3 If we are responsible for a delay in delivery, the contracting party may demand performance from us or set us a reasonable - at least four-week - deadline to make good our performance under threat of withdrawal. Should the grace period expire fruitlessly due to our fault, the contractual partner may withdraw from the contract in writing with regard to all parts not yet delivered or not yet reported ready for dispatch and with regard to such
parts which have been delivered or reported ready for dispatch but cannot be used by the replacement supplier. The customer shall only be entitled to claims for damages of any kind if the delay is due to intent or gross negligence on our part. In this case, our liability shall be limited in such a way that a maximum of 20% of the net invoice amount - in relation to the parts covered by the withdrawal - may be claimed in damages for non-performance. For partial deliveries not covered by the withdrawal, we shall be entitled to the agreed remuneration.
5.4 If the customer is in default of acceptance or refuses acceptance for reasons for which we are not responsible, we shall be entitled either to demand performance or to withdraw from the contract by granting a grace period of 14 days. In both cases we shall be entitled to full compensation, whereby the compensation for non-performance shall in any case amount to at least 30% of the net order value plus the remuneration for work already performed, material used or processed, as well as for the use of or damage to already delivered
items and the packaging costs. If we continue to demand performance, the customer shall be obliged to pay 20% of the net purchase price in damages in addition to the performance of the contract. In both cases, we reserve the right to assert any claim for damages exceeding this amount.
5.5 As long as the customer is in default with payments - also for other orders - we are not obliged to make deliveries. In the event of repeated default of payment, delivery may be made dependent on a Zugum-Zug payment or payment in advance. 6. Dispatch and transfer of risk:
6.1 We are entitled to choose the packaging at our own discretion, taking into account transport and production aspects. At all times, the largest unit dimension shall determine the packaging length.
6.2 Packaging, insurance and other costs of shipment are not included in the price. If an insurance contract is concluded at the request of the customer, we shall only act as an intermediary for the customer.
6.3 Our deliveries are made ex Launsdorf. In the case of delivery, the handover and the transfer of risk - even in the case of partial deliveries - shall be deemed to have passed to the customer upon dispatch. The unobjected acceptance of the shipment by the carrier or the supplier or delivery service shall be considered as proof of the perfect condition of the packaging and proper loading, unless the Purchaser proves that the packaging
and loading were defective or not properly carried out when the shipments were handed over to the carrier. All this shall also apply if we have assumed delivery and installation.
6.4 If the shipment is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer on the day on which the goods are ready for shipment. If it is necessary to store the goods at our premises, this shall be at the customer's risk. 7. Price and payment:
7.1 The prices are ex Launsdorf and do not include the statutory value added tax and the packaging costs or any insurance costs requested.
7.2 If the basis of calculation changes, we reserve the right to adjust prices, in particular in the event of changes in prime costs after conclusion of the contract (increase in wage and material prices).
7.3 Unless otherwise agreed, our invoices shall be paid net within 30 days of the date of the invoice.
7.4 We shall be entitled to demand partial payments to a reasonable extent.
7.5 If discounts have been agreed, they shall only be granted on the net amount, i.e. in particular not with regard to costs, labor, packaging, freight, etc.
7.6 In the event of default in payment, the customer shall be obligated to pay all our expenses and default interest in the amount of our bank interest, but at least 8% p.a., furthermore to reimburse all judicial and extrajudicial dunning and collection costs in accordance with the tariff (be it through a collection agency or a lawyer). In the event of delayed payment, the interest can be capitalized up to the date of the claim and the extrajudicial collection costs can be added to the capital.
7.7 The customer is not entitled to withhold payments due to incomplete deliveries, warranty or guarantee claims or other complaints.
7.8 In the event of default in payment, the customer shall also be obligated, upon our request, to provide security for all claims including interest, expenses, including reminder and collection fees, for example by assigning open and collectible claims or granting liens on assets or otherwise providing security in a suitable manner. 8. Retention of title:
8.1 The delivered goods shall remain our property until full payment of all present and future claims arising from the business relationship with the customer, irrespective of the legal basis.
8.2 The assertion of our retention of title shall not be regarded as a withdrawal from the contract. Rather, in addition to the claim to surrender of our property, we shall retain our rights under the purchase contract, in particular to compensation for damage and loss of profit.
8.3 The customer shall be entitled to resell the goods delivered and not yet paid for in the ordinary course of business. However, the customer hereby assigns to us all claims to remuneration to which he is entitled from the resale, including all ancillary rights. We accept this assignment
. The customer shall be obligated to note the assignment of the claim in its books, to name the purchaser to us upon request and to allow us to inspect the books and to provide us with the information and documents required for inspection.
8.4 The customer may combine or mix the reserved delivery with goods that do not belong to us in the course of ordinary business operations. In this case, we shall acquire co-ownership in the ratio of the value of our goods to those with which they are combined or mixed. Furthermore, the customer shall be entitled to process the goods to which we retain title in the course of ordinary business operations. This shall then be done on our behalf, so that we shall acquire co-ownership of the new item in the ratio of the value of our goods to
the remaining goods. In all these cases, the customer shall keep the ownership or co-ownership for us.
8.5 If our goods subject to retention of title are combined by the customer with real estate or movable property, the customer shall also assign to us by way of security its claim to which it is entitled as remuneration for the combination, together with all its rights, without any further special declarations being required.
8.6 The customer shall not be entitled to dispose of the reserved goods in any way other than the aforementioned, in particular by pledging or assigning them as security. He shall notify us without delay of any impairment of our rights to the items owned by us.
8.7 If the customer is in default with his payment obligation towards us or if he violates one of the obligations resulting from the agreed reservation of title, the entire remaining debt shall become due immediately. In such cases, we shall be entitled to demand the return of the goods and to collect them from the customer.
The purchaser has no right of possession. 9. Withdrawal:
We are particularly entitled to withdraw from the contract:
a) in the event of inability to deliver the goods at an agreed price or any agreed delivery date through no fault of our own
b) in the event of lack or loss of creditworthiness or insolvency of the customer, unless the customer provides advance payment or sufficient collateral
c) in the event of technical, c) in the event of technical, unforeseeable difficulties inherent in the nature of the order or which make performance unreasonable
d) in the event of major operational disruptions or delivery difficulties on the part of the supplying plants
e) in the event of force majeure and other unforeseen hindrances such as riots, operational disruptions, strikes, lockouts etc. 10. Warranty and liability: 10.1 The customer shall be obliged to inspect all deliveries, including partial deliveries, without delay. All defects, shortages or wrong deliveries shall be notified in writing within 3 days at the latest, but in any case before processing or installation. The complaint must contain a precise description of the defect complained of. Defects which were not recognizable despite careful examination shall be notified in writing immediately after discovery and with immediate cessation of any further processing or treatment in case of other loss.
Further obligations according to §§ 377, 378 UGB remain unaffected.
In case of installation or further treatment or processing with knowledge of the complaint, any warranty or other claim shall expire.
10.2 Deviations in dimensions, contents, thicknesses, weights and color shades due to production are permissible within the tolerances customary in the industry.
10.3 Unsuitable or improper use or storage, faulty assembly by the customer or third parties, unauthorized repair attempts and modifications, natural wear and tear, faulty or negligent handling, chemical influences, electrical influences, etc., over which we have no control, shall not give rise to any warranty obligation or any other liability.
10.4 Our specifications regarding the delivery item and the intended use, e.g. regarding dimensions, weights, hardness, width of use, temperatures, etc., are merely descriptions or characteristic values and do not constitute guaranteed properties. They are non-binding guideline values and are only deemed to be warranted to the extent that they correspond to our samples tested by the customer for the specific purpose and approved for this purpose. Insignificant deviations do not justify any warranty rights.
10.5 The above limitations of liability as well as the limitations of liability regulated in the following shall apply accordingly to consultations or suggestions as well as to any claims of the customer arising from the violation of secondary contractual obligations.
10.6 The assertion of - also justified - notices of defect shall not entitle the contractual partner to a plea of non-performance of the contract, to a change of payment terms and, in particular, not to a retention of the payment in whole or in part; neither under the title of warranty nor under the title of compensation for damages. An extension of the warranty period shall not occur due to a remedy of defects.
10.7 We shall have no liability or warranty obligation for purchased products, raw materials or components. The producers and suppliers of these products, raw materials and components are not our vicarious agents towards the customer. Upon request, we will inform the customer of the respective supplier and producer.
10.8 The customer is obligated to store and use the respectively delivered goods properly according to the manufacturer's specifications. In the event of incorrect storage or installation, all warranty claims, claims for damages and other claims are excluded.
10.9 In the event of a justified complaint, we shall, within the legally applicable warranty liability periods, at our discretion and to the exclusion of any further claims, either improve (rectify or add to what is missing) or replace the goods delivered by us (without taking into account any further processing, installation or similar), provided that it is proven that the defect was already present at the time of delivery.
Should a replacement delivery be made by us, this shall be limited exclusively to the replacement delivery of the defective goods. Compensation for any conversion costs or consequential costs and the like shall be excluded. For a performed improvement or a performed replacement delivery, we only provide warranty to the same extent as the original delivery and performance. This does not result in an extension of the warranty. If the defect cannot be remedied within a reasonable period of time - which shall in any case be at least 8 weeks - and if the replacement delivery is also refused, the customer may rescind the contract. In the event of conversion
of the contract - also in the event of unsuccessful attempts to remedy the defect - the delivered goods shall be returned to us free of charge and in full. For any non-returned parts or damaged goods, the charged price including a handling fee of up to 10% of the fee to be paid by the customer is to be reimbursed.
Should a partial cancellation of the contract be possible, the customer is only entitled to this. A claim for price reduction is excluded.
10.10 A liability on our part for damages of the contractual partner for any legal reason, including delay, impossibility, poor performance, product liability or non-contractual (tortious) liability is - as far as legally permissible - excluded by mutual agreement, unless it is proven that the damage was caused by us through gross negligence or intent. This also applies to information about materials and their use.
Liability for loss of profit, in particular also in the case of intent or gross negligence,
is excluded. However, we are not liable for atypical or unforeseeable consequential damages, even in the case of gross negligence or intent.
In the absence of a written agreement to the contrary, liability is limited in amount to 40% of the net invoice amount
of the goods. 11. Use of data:
We are entitled to store, transmit, revise and delete personal data of the contracting party in the course of business. 12. Place of performance, jurisdiction and applicable law:
12.1 Place of performance is Launsdorf.
12.2 For all disputes arising directly or indirectly from the contractual relationship, the exclusive place of jurisdiction is agreed to be the relevant competent court for our company headquarters
in Launsdorf.
12.3 The contractual relationship established between us and the customer shall be governed exclusively by Austrian law, to the exclusion of its conflict of law provisions.