Terms and Conditions

1. These General Terms and Conditions are an integral part of all offers for deliveries and services by connexurban GmbH, hereinafter referred to as the Contractor, in current and future business relationships. Our offers, services and deliveries are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not explicitly agreed upon again. At the latest, these conditions are deemed to have been accepted upon acceptance of the goods or services. Counter-confirmations by the Client with reference to their business or purchasing conditions are hereby objected to.
2. Deviating agreements and conditions are only valid if they are agreed upon in writing. Deviating purchasing conditions are only valid if they are confirmed in writing by the Contractor.

B) Offers

1. All offers made by the Contractor and the prices contained therein are non-binding. Orders and placements are only binding if their acceptance is confirmed in writing by the Contractor. In particular, cost estimates from the Contractor are not an offer but merely an invitation to offer.

2. All orders and agreements are only binding for the Contractor if they are confirmed in writing by the Client and signed by the company. Telephone orders are only binding for the Contractor to the extent of the written order confirmation. The same applies to changes and special provisions. If our order acceptance (order confirmation) contains deviations from the Client's order, these deviations shall be deemed approved by the Client unless a contradictory notification is received by us within 8 days of the issue date of our order acceptance (order confirmation).

3. The employees and branches of the Contractor are not authorized to make verbal collateral agreements or verbal assurances that go beyond the content of the written contract.

C) Prices

1. Unless otherwise agreed in individual cases, the Contractor is bound by the prices contained in its offer until the expiry of three months. The prices stated in the order confirmation in Euro plus the respective statutory VAT are decisive.

2. The sales prices are considered fixed prices if they have been expressly confirmed in writing as fixed prices; otherwise, the Contractor is entitled to charge the prices valid on the day of delivery.

3. Metal surcharges will be calculated based on the daily metal quotation on the day of delivery and invoicing by the supplier. In case of a deviation of +/- 3%, we reserve the right to adjust the prices accordingly.

D) Payment

1. In the case of an ongoing business relationship and no other payment agreement, the purchase price according to the payment terms, 21 days net, without deduction and free of charges, is to be paid. If a cash discount is granted, it is conditional on the Client's account not having any other overdue invoice amounts. The submission of a check or bill of exchange is for payment purposes and requires the consent of the Contractor. Discount, bill of exchange fees, and costs are borne by the Client, unless otherwise agreed. Adherence to the agreed payment dates is an essential condition for the performance of deliveries and services or contract fulfillment. In case of late payment, default interest will be charged, which will be 5% above the bank credit interest rate charged to the Contractor. If installment payments are agreed upon, loss of term occurs if the Client defaults on even one installment, in which case the Contractor is entitled to call in any submitted acceptances and to claim any bank guarantees. Furthermore, in case of late payment, further deliveries will only be made against advance payment. Offsetting of monetary claims is only possible with undisputed and legally established claims. The withholding of payments due to warranty and guarantee claims or other counterclaims, or the assertion of guarantee claims, etc., is excluded.

2. If circumstances become known that call the creditworthiness of the Client into question, for example, if advance payments or partial invoices are not paid by the Client on time, or if the Client ceases payments or checks handed over to the Contractor are not honored, the Contractor is entitled to invoice all services rendered immediately and to make them due immediately, and the Contractor is furthermore entitled to cease all services until full payment of all invoices that have become due. In this case, the Contractor is also entitled to demand advance payments or security deposits, or is also entitled to withdraw from the contract or parts of the contract.

E) Delivery and Performance Period

1. All deliveries are subject to timely self-delivery, unless the Contractor is responsible for the incorrect or delayed self-delivery due to gross negligence or has committed to binding delivery dates in writing. Partial deliveries are possible.

2. The Contractor shall not be responsible for delays in delivery and performance due to force majeure and due to events that significantly impede or make delivery impossible for the Contractor, or that are due to delays in performance by the Client or third-party companies, even if binding deadlines and dates have been agreed upon.

3. Non-compliance with deadlines and dates by the Contractor only entitles the Client to assert its rights if it has set a reasonable grace period of at least 14 days. In case of delay by the Contractor, no penalty deduction is justified if the building can be used by the builder for its intended purpose. Claims for damages due to delay, insofar as it is not excluded altogether, can only be made for a specific damage and limited in amount to the value of the delivery and service. Further claims are excluded.

4. The delivery dates and delivery periods promised in the order confirmation are expressly void if claims from already rendered deliveries remain unpaid despite 1 reminder.

5. If the Contractor is responsible for non-compliance with bindingly agreed deadlines and dates, or is in default, the Client, if separately agreed, is entitled to a compensation for delay of a maximum of 0.5% for each full week of delay, but in total not more than 5% of the invoice value of the deliveries and services affected by the delay, calculated from the grace period date.

F) Cancellation Conditions / Returns

For businesses, an order is considered binding from the time of written order confirmation by the Contractor. In principle, no cancellations or returns are possible.

G) Warranty

1. All warranties are only valid within the framework of ÖNORM. Furthermore, claims for defects are excluded if the Client has failed to assert recourse rights against third parties.

2. In the case of rectifiable defects, only the Contractor has the right to choose whether to rectify or have the defect rectified, or to grant a reasonable price reduction. Minor deviations in color and constructive design, particularly in the course of technical further development, do not entitle to a complaint. Materials such as wood or Corten steel can change depending on external weather influences. This does not constitute a reason for warranty. In the case of unrectifiable defects, the Contractor has the right to exchange the defective goods for defect-free goods within a reasonable period. Further claims, in particular claims for damages arising from positive breach of contract, culpa in contrahendo, and tort, are excluded, unless they are based on gross negligence of the Contractor.

3. Warranty claims are only due to the Client if the delivered goods have been used as intended and properly. In particular, the Contractor is not liable for damage to components caused by other tradesmen involved in the construction. These are borne by the builder. Improperly performed preliminary work by third-party companies or subsequent work excludes any warranty claim against the Contractor.

4. Measures to reduce damage shall not be deemed an acknowledgement of defects. Negotiations regarding a complaint do not waive the objection that the complaint was not timely, factually unfounded, or otherwise insufficient. This also applies to incorrect deliveries.

H) Retention of Title

1. The goods remain our property until full payment of the purchase price. In case of payment by bill of exchange or check, the goods remain the property of the Contractor until they are honored. This also applies to further processing of the goods. The withdrawal of individual claims in a current account or the balancing of accounts does not lift the retention of title. Any pledging or chattel mortgaging of the goods in favor of third parties is excluded without consent. Any seizure of the goods by third parties must be reported to the Contractor immediately.

2. The Client hereby assigns to the Contractor the claims obtained by a possible sale of the goods by the Client against the buyer, as security until full payment of the Contractor's claim. The Contractor hereby accepts this assignment. The authorization to collect this claim from buyers or purchasers of goods subject to retention of title is expressly transferred to the Contractor. This assignment must be marked by the Client in its accounting records or otherwise externally.

3. Suspension of payments, application for or opening of insolvency proceedings, judicial or extrajudicial settlement proceedings, or preliminary proceedings shall invalidate the right to resell, use, or install the reserved goods. This right also expires in the event of a check or bill of exchange protest. If reserved goods are installed by the Client, the Client already now assigns the claims arising from the commercial sale of the property or property rights to the Contractor in the amount of the value of the reserved goods with all ancillary rights and priority over other claims. The Contractor expressly accepts the assignment. Otherwise, the Client already now grants the Contractor the right to order a security mortgage in priority over the other claims, but only insofar as a return of the reserved goods according to point 1 is not possible.

4. Upon settlement of all claims, ownership of the reserved goods and the assigned claims shall pass to the Client.

5. In the event of qualified default in payment by the Client (despite a 14-day grace period), the Contractor is entitled to dismantle and remove even goods already complained about or structures already erected.

I) Basis of Offers

Additional offer and order bases applicable in addition to these General Terms and Conditions, as well as information on materials and care instructions noted on the price offer sent by the Contractor or on the order confirmation, are deemed to be accepted by the Client upon ordering (unless a contradictory notification is received by the Contractor within 8 days of the issue date of the order confirmation) and are binding.

J) Assembly

If agreed, the Contractor will carry out assembly work for delivered products. The Contractor is entitled to engage subcontractors.

K) Transport, Transfer of Risk, and Damage Reports

Upon handover of the goods to the carrier (post, rail, parcel service, forwarder), the purchase contract is deemed fulfilled and the risk passes to our customer. The goods must be inspected upon delivery. Recognizable defects, transport damages, quantity errors or incorrect deliveries must be noted on the delivery note/bill of lading (ideally documented with a photo) and reported immediately to connexurban GmbH. Defects not immediately apparent must be reported to connexurban GmbH immediately after discovery within the statutory period, but at the latest within 7 days.

L) Data Protection

The contractual partner agrees that his personal and voluntarily provided data, namely first name, surname, address, email address and telephone number, will be processed and stored by connexurban GmbH in accordance with legal provisions for the purpose of making offers, contract processing and sending advertising material about the products of connexurban GmbH. The contractual partner further agrees that the company name or project name of the supplied construction projects, as well as photos taken by connexurban GmbH and photos provided by the customer, may be shown as a reference on the connexurban GmbH homepage (connexurban.at) and on printed matter from connexurban GmbH. This consent can be revoked at any time by contacting connexurban GmbH, Koppelstatt 1, 4656 Kirchham, Email: info@connexurban.at, Tel.: +43 (0) 7613 8895. Additional data protection provisions regarding our homepage www.connexurban.at can be found under the category "Datenschutz" (Data Protection).

M) Place of Performance, Jurisdiction and Choice of Law

The place of performance for delivery, payment and other services is Gmunden. For any disputes, depending on the subject matter jurisdiction, the District Court of Gmunden or the Regional Court of Wels shall be agreed as the court of jurisdiction. Austrian law applies.

N) Final Provisions

Should a provision in these terms and conditions or a provision within other agreements be ineffective, the validity of all other provisions or agreements shall not be affected thereby. In this case, the contracting parties agree to conclude a legally effective agreement that comes as close as possible to the economic purpose of the invalid provision, with Austrian law being exclusively applicable.

The General Terms and Conditions apply only to legal transactions between businesses, but not to consumer transactions within the meaning of the Consumer Protection Act. With regard to consumer transactions, the statutory regulations apply.

For contracts concluded by distance selling (Sections 5a et seq. Consumer Protection Act), the consumer can withdraw from the contract within 7 working days, with Saturdays not counting as working days. The period begins on the day the goods are received by the consumer or, in the case of services, on the day the contract is concluded. It is sufficient to send the declaration of withdrawal within this period. If the consumer withdraws from the contract in accordance with this provision, he must bear the costs of returning the goods. In the case of services, the execution of which is agreed to begin within 7 working days of the conclusion of the contract, withdrawal is not possible. The letter of withdrawal is to be sent to: connexurban GmbH, Koppelstatt 1, 4656 Kirchham, Fax: 0043 7613 / 8895-15 or by e-mail to info@connexurban.at.