TOS

1. GENERAL

1.1. For all offers, business transactions, deliveries and services that DWA OG provides, the general terms and conditions (in the following terms and conditions) always apply, even if they are not explicitly mentioned in verbal negotiations. By placing the order, the client confirms that he has read the terms and conditions and accepts them in full. Contract terms and other terms and conditions of the client are ineffective and excluded for the legal transaction as well as the business relationship. Deviations from the General Terms and Conditions require written consent for their legal validity, which has been recognized in writing by DWA OG.

1.2. All contracts, contract amendments, contract supplements and suggestions are agreed in writing (letter, email). Verbal agreements and agreements are not legally effective and the silence of DWA OG regarding changes to contractual terms is in no way considered consent. Inquiries from customers as well as offers and cost estimates from DWA OG are always subject to change and are not bound by any obligations. The legal transaction becomes binding on both sides only after the order confirmation (written form) has been sent by DWA OG. The customer is obliged to check the order confirmation and to report any deviations from the order immediately (at the latest 1 day after receipt of the order confirmation) in writing. Otherwise the order is considered approved. Please note that an oral agreement is invalid.

1.3. The basis for the fulfillment of the agreed service is the order placed by the client, as well as the provision of all necessary data, information and documents. DWA OG has no obligation to check the data, information and documents provided. The client guarantees their correctness, completeness and freedom from third party rights (e.g. copyright, trademark law, other rights). For necessary post-processing of the transmitted data (conversion, size adjustments), the client is charged an hourly rate of EUR 60, – depending on the effort Billed.

1.4. All product properties mentioned, in whatever form, in brochures, price lists, product descriptions and other communications only indicate an approximate description and only reflect approximate values.

1.5 Unless expressly agreed otherwise, DWA OG reserves the right to provide all customers with the services of DWA OG as references.

2. PAYMENT

The place of performance for the payment is Grieskirchen. Invoices are due without deduction 14 days after invoicing. With an order total of more than 3,000 euros, a down payment of 50% must be made when the order is placed. If the down payment is not made, DWA OG is not bound to the order.

In the event of a delay in payment by the customer, DWA OG is entitled to invoice the customer for all costs incurred (reminder fees, collection). In addition, DWA OG reserves the right to charge default interest customary in the market.

3. DELIVERY

Unless expressly agreed otherwise, delivery is at the customer’s expense and risk, ex works Grieskirchen. The agreed delivery period applies in principle. In cases where no specific delivery period has been expressly agreed, the delivery period is 6 to 8 weeks from the time of the order.

4. RESERVATION OF OWNERSHIP

The delivered goods remain the property of DWA OG until full payment of all claims from the business relationship. In the event of a delay in payment, DWA OG is entitled to demand the goods subject to retention of title. Resale of the reserved goods is only permitted after full payment. In the case of attachments or other coercive measures, the customer is obliged to inform DWA OG immediately.

The costs arising from the assertion of our rights from the retention of title are borne by the customer.

5. WARRANTY, LIABILITY

The customer must notify DWA OG in writing of defects immediately upon receipt of the goods, but at the latest within a period of three days. If the notice of defects is not made in time, warranty claims can no longer be asserted.

If the notice of defects is made properly, DWA OG reserves the right to remedy the damage within the scope of the guarantee or liability at its own discretion through improvement, free exchange or credit against taking back the contractual goods.

Minor deviations in the format, color and quality of the goods as well as wearing parts do not constitute a warranty claim.

DWA OG is only liable for damage if intent or gross negligence can be proven. In any case, liability for consequential damage and pecuniary damage, in particular due to delay, impossibility of performance, loss of profit, expected but not realized savings, damage from claims by third parties against the client, indirect damage and damage to recorded data, as far as legally permissible, is excluded .

6. JURISDICTION / PLACE OF PERFORMANCE

Only Austrian law applies to the contractual relationship. The applicability of the UN sales law is expressly excluded. The place of performance for delivery, payment and all customer obligations towards DWA OG is the company headquarters of DWA OG, currently Grieskirchen. If it is not a consumer business, the competent court at DWA OG’s registered office has sole and local jurisdiction to rule on any disputes arising.