Conditions of use

Conditions of sale, delivery and payment

of Lugo Stair Renovation Systemes inc

General commercial conditions of sale and delivery (in the following referred to as GCCSD)
Non-binding recommendation of the association,notified by the Federal Cartel Office according to § 32 KartellG on 24 January 2002

Conditions of use are valid after 01.02.2011

I.
Company information
Renoprofil inc
Moosgrabenstraße 24
8200 Gleisdorf
Phone: 0043 (0) 3112/6158
Fax: 0043 (0) 3112/7499
Information, information regarding data, and complaints: office@stiege.com
UID: ATU 57452134
Member of the Austrian Federal Ecenomic Chamber, Commerce section
Right of withdrawal: The contracting partner (= customer) has no right to withdraw from the contract since the profiles shall be customized.
Warranty: According to legal regulations (24 months)
Place of fulfilment and jurisdiction: Gleisdorf
Controlling institution: District court Weiz
Statutory provisions: Trade, Commerce and Industry Regulation Act
Description of trade: Commerce
Media holder, editor, publisher, manager: Maria Kalcher
Address, postal code, city: see address stated above
Purpose of business: Commercial agency
 
 
II.
Scope

All deliveries, services and offers of our company are binding upon the GCCSD, irrespective of the type of legal transaction. All our declarations of intent under private law are based on the GCCSD. Buyer’s conditions opposed to or differing from the GCCSD are not mandatory for us, unless these terms are explicitly agreed upon in writing. Actions to fulfil a contract on our part are in this respect not considered as an agreement to conditions differing from our GCCSD. The terms of business shall also apply to future transactions with the contracting parties.

You can find a guideline for shopping on-line at our Shop-Help.

III.
Conclusion of contract
a) Our offers are to be understood without obligation and all offers are subject to change. Oral agreements, subsidiary agreements etc., in particular those made by sellers, deliverers etc., which differ from the GCCSD or other of our declarations of intent in writing, are not mandatory for us. The content of brochures, advertising leaflets etc. we use is not integral part of the contract, unless we explicitly refer to it.
b) Any offer requires a confirmation to conclude the agreement. Likewise, sending or delivering goods ordered by the customer, concludes the contract. The supplier is bound to orders submitted to us for an appropriate period of time, but for at least eight days from the reception of the order. Paragraph III. a) The first two sentences do not apply for transactions with customers.

We offer subject terms of contract, customer service, information regarding data, dealing with complaints and any further information also in German.
 
 
 

IV.
Price
Unless not otherwise specified, all quoted prices are gross prices and are quoted ex works, inclusive of turnover tax plus all charges involved in dispatch. Eventual import or export duties are for buyers account.
We are entitled to increase or reduce prices accordingly, if rates of pay change between conclusion of the contract and actual delivery due to collective agreements of trade or due to internal decisions, or if other costs, constituive for calculation or production of goods and services, as for material, power, transportation, contract manufacturing, financing etc., change. Paragraph

We pass to account in Euro currency.

 
V.
Conditions of payment, Default interest
a) Unless otherwise agreed, our demands are to be paid in cash against delivery of the goods. Ourinvoices are due for payment from acceptance of the goods. Cash discount deduction without particular agreement shall not be admissable. In the event of late payment or late partial payments, possible cash discount agreements shall become invalid.Payment transactions of the customer will be effected on the day, the ammount is credited to our bank account.
b) In the event of late payment we are entitled to charge default interest amounting to 4 %above secondary market yield/stateat maturityaccording totheregulations of the central bank of the Republik of Austria. Further rights, as particularly the right to higher interest rates in the event of previous indemnities, are reserved. Paragraph V. b) The first sentence does not apply for credit transactions with customers.

VI.
Avoidance of contract
a) Besides general legal requirements we are also entitled to withdraw from the contract in case of default of acceptance (Paragraph VIII) or other important causes, as in particular an bankruptcyproceedingsof estates of the contracting party or a dismissal of a petition of bankcruptcy for want of self-liquidating estates. In the event of withdrawal in case of default of the customer we are entitled to demand compensation for either the damages of a fixed rate amounting to 15 % of the invoiced value (gross amount) or for the actual loss occurred.
b) In the event of a default of payment of the customer we are absolved from all further contractual obligations and delivery commitments and entitled to retain obligations and deliveries still due and to demand advance payments and securities or  - if necessary after reasonable additional respite - to withdraw from the contract.
c) If the customer withdraws from the contract - without being entitled to - or demands a cancellation of a contract without authorisation, we are entitled to either demand completion of the contract or to accept the cancellation of the contract; in the latter case the customer is obliged to compensate for the damages and pay a fixed rate amounting to 15 % of the invoiced value (grosss amount) or to pay for the actual loss occurred, at our own option.

The right to withdraw for the contracting partner (= customer) you find here: right of rescission
 
 
VII.
Expenses of reminder and collection
In the event of late payment, the customer is obliged to pay expenses arising from sending reminders at a fixed rate amountig to € 8,00 plus postal charges, per reminder sent. The customer is obliged to pay an amount of € 4,00 semi-anually for monitoring the obligation in the collection department as well. Furthermore, the cusomer is obliged to pay all expenses of reminder and collection, necessary for an appropriate prosecution e.g. expenses charged by a debt collecting agency in which case at most the compensation arising from the regulations of the BmwA about maximum rates of collecting agencies befitting compensation is to be paid. Paraghraph VII. The second sentence does not apply for transactions with customers.


VIII.
Delivery, Transportation, Default of acceptance
a) Our retail prices do not include charges for delivery, mounting or assembly. However, we perform or arrange aforementioned services in return for special payment, on request. For transportation and delivery we charge the actual costs together with an appropriate surcharge for investments in time, but we charge at least either the usual freigth charges and carriages of the mode of transport opted or the freight charges and carriages of the mode of transport opted, appliying on the day of delivery. Delivery is carried out by a forwarding agency.
Assembly work will be invoiced according to investments in time whereas an hourly rate customary in a trade is considered as agreed.
b) If the customer failed to accept the goods as agreed (Default of acceptance), we are entitled to either place the goods in our storage, for which we shall charge a storage charge of 0,1 % of the invoiced value (gross amount) per calendar day or fraction thereof, or place the goods at customer’s risk and expense in a storage of a thereto authorised company. At the same time we are entitled to either insist on fulfilment of the contract or after setting a reasonable respite to withdraw from the contract and to make use of the goods elsewhere. In case the goods are perishable and in the event of danger in delay we are - in case of default of acceptance - entitled to sell the goods at a reasonable price without a precedent threat, at expense of the defaulting customer.


IX.
Transfer of perils
Irrespective of legal requirements, the risk of accidental loss or unexpected damage is at all events - also in case of delivery free destination - transferred to the buyer with delivery to the carrier.
 

X.
Date of delivery
In normal case delivery takes place within a period of  … workdays from order acceptance but at all events within the legally required date of delivery of 30 days from the purchase order date. In case the delivery shall by way of an exception be delayed, we will immediately after the delay has come to our notice, but before the time of 30 days establish contact with the customer and get the customer’s approval for a later delivery. In case the customer does not agree therewith he is entitled to withdraw from the contract. We are obliged to execute services not until the customer has met all the obligations required for the execution, particularly all technical and contractual details, preparatory works and arrangements.
We are obliged to exceed dates and dates of delivery agreed upon up to one week.

XI.
Forwarding charges
Please see the forwarding charges from the following list: Delivery charges

XII.
Place of fulfilment
Place of fulfilment for all services from the contract is the seller’s registered office.
 

XIII.
Marginal modifications of contractual obligations
Modifications which can be reasonably imposed on the customer or marginal modifications of our contractual obligations or delivery commitments are considered to be approved in the first place. This applies particularly for material-dependent deviations (e.g. in terms of dimensions, colours, wood and veneer pattern, grain fabric etc). Paragraph XIII. does not apply for transactions with customers.

XIV.
Warranty, Examination and Notice of Non-Conformity
a) We meet  guarantee claims filed by the customer when existing defects are repairable either with replacement, reduction of price or reparation within a reasonable period of time. Claims for damage compensation filed by the customer which aim at a reparation of the defect shall not be lodged until we default to meet guarantee claims.
a) According to § 377 et seq. HGB goods are to be examined immediately after delivery but at the latest within a period of six wordays. Defects detected in the process are to be submitted to us in writing immediately but at the latest within a period of three workdays from the detection of defects, with notification of type and extent of the defect. Hidden defects shall be reprehended in writing immediately but at the latest within a period of three workdays from the detection of such defects. In case a notification of defects shall not be given or shall not be given in due time, the goods apply as approved. Paragraph XIV. a) and b) do not apply for transactions with customers.
c) In case of transactions with customers we are entitled to discharge in the event of an indeterminate obligation from the demands of the customer, concerning termination of the contract or reasonable price reduction by replacing defective properties with properties without defects. We are entitled to discharge from the liability to warrant a reasonable price reduction by making an amendment or by providing what misses within a reasonable period of time.

From 1 January 2002  warranty is limited to a respite - regulated by law - of 24 months.
Defects that appeared are to be notified, as possible at delivery or after appearance  - without legal consequences derogatory to the customer, who is consumer according to the KSchG, involved in case of omission.

If defects being complained about are legitimate, either compensation free of charge or amendment is made, for what a reasonable period of time is to be allowed for.
In case the purchase is according to § 1 KSCHG (377 para. 1 HGB) a commercial transaction (B2B) for the customer, he is obliged to examine the goods immediately after their receipt and notify us immediately after detection of a defect.
Renoprofil inc is exclusively liable for deliberate damages or damages caused through gross negligence, except for damages to individuals. Existence of slight or gross negligence is to be proved by the injured party, provided that the transaction is not a transaction with a customer. Replacement of consequential harms caused by a defect as well as other damages to property, financial losses or damages to customers caused by third parties is excluded.

Renoprofil inc as operator of www.stiege.com perfoms services with greatest care but shall not be liable for services provided by or obtained from third parties. We issue .... months warranty for our goods.
 
 

XV.
Compensation for damages
a) All claims for damages against us are excluded in cases of slight negligence. Existence of slight or gross negligence has to be demonstrated by the aggrieved party.
b) The limitation period of claims for compensation is three years from the transfer of perils. Provisions affecting compensation for damages contained in the GCCSD or provisions affecting compensation for damages otherwise agreed do apply as well, in case the claim for damages is lodged in addition to or instead of a warranty claim.
c) Prior to connection or transportation of computerised products or installation of software, the customer is obliged to back up already existing database sufficiently, otherwise the customer is to be held responsible for lost data as well as for all damages therewith related to.
d) Paragraph XIII. a) The first sentence does in case of transactions with customers not apply for personal injuries or damages to properties accepted for processing. Paragraph XIII. a) The second sentence, b) the first sentence does not apply for transactions with customers.


XVI.
Product liability
Claims for compensation according to § 12 of the product liability law are excluded, except the   beneficiary of a recourse provides evidence that the damage was caused by us or was caused at least through gross negligence.


XVII.
Retention of title and assertion
a) All goods and properties shall be delievered by us subject to retention of title and remain our property until paid for in full.
b) In case of claim or return of properties subject to retention of title by us, a withdraw from the contract exists only when this has been declared explicitly. In case of return of goods we are entitled to charge for transportation and manipulation, irrespective of further pretensions.
c) If the buyer processes or treats the goods or properties delivered by us prior to the fulfilment of all our claims, the buyer does not acquire the ownership at it. We acquire joint-ownership at the property thereby originated at the ratio of  the value of the goods delivered by us to the value of other processed goods at the time of processing or treatment.
d) The buyer has no right to either pledge goods subject to retention of title or transfer them by way of security. In case of possible distraints or other claims by third parties, the buyer is required to exercise our property right and to contact us immediately.
e) Only a contractor whose regular business concern is the retail with goods purchased from us, is entitled to have reserved goods at his disposal until the purchase price is paid in full.
f) The customer takes the full risk for reserved goods, particularly for the risk of damage, loss or deterioration.


XVIII.
Assignment of claim
a) In case of delivery subject to retention of title, the customer assigns us his demands on third parties for payment yet unitl final payment of the claim, as far as they arise through selling or processing our goods. If the customer is behind schedule with payment to us, the customer’s incoming sales revenues are to discharge and the customer occupies them on our behalf. Possible demands on an insurer are to a certain extend according to § 15 of the VersVG assigned to us yet.
b) Demands on us are not to be assigned without our explicit consent.


XIX.
Retention
In case of justified complaint, except for cases of rescission of the contract the customer does not have the right to retain the total invoiced value (gross amount) but only a reasonable part of it. Paragraph XIX. does not apply for transactions with customers.


XX.
Failure to meet deadline
a) As far as the customer is to pay obligations in parts of the total sum, it shall be deemed to be agreed that in case of payment not in due time, even if one instalment is not paid in due time, all still outstandig partial payments shall become due without setting further additional respite.
b) Paragraph XX. a) does apply for transactions with customers if we have performed our services completely, if even one partial payment of the customer is due for at least six weeks and if we reminded the customer by setting an additional respite of at least two weeks on pain of failure to meet the deadline.


XXI.
Choice of law, Court of jurisdiction
Austrian law shall apply. In case the contracting partner is a customer, mandatory legal provisions of the state in which the customer holds his residence are to be applied to this contract. Concerning disputes in connexion with the contract, our company location shall be agreed as jurisdiction, provided that the contracting partner is a contractor. In case the contracting partner is a customer, suits against Renoprofil inc are to be brought either before the court in Austria or before the court of the contracting state in whose sovereign territory the customer holds his residence. In case the contracting partner held his residence or had his fixed abode in Austria at the time of contract conclusion, suits of the contracting partner against Renoprofil inc are only to be brought before Austrian courts.
Application of UN-Convention on Contracts for the international sale of goods is specifically excluded. Contractual language shall be German. The contracting parties shall agree Austrian, domestic jurisdiction. For adjudication of all disputes arising from this contract, the court competent for our company location shall exclusively be competent locally. Paragraph XXI. The last sentence does not apply for transactions with customers.
 
XXII.
Data protection, Change of address and Copyright
a) Approval will be given by the customer that personal data quoted in the contract shall be saved and processed computer aided for completion of this contract.
b) The customer is obliged to disclose information concerning changes of address or business address to us, as long as the legal transaction agreed by contract is not completely fulfiled by both parties. In case of an omission of the notification, statements apply as received if they shall be send to the address last named.
c) Blueprints, outlines or other technical documents, just as models, catalogues, brochures, images and suchlike always abide our intellectual property, the customer receives no rights of use and enjoyment or patent rights, however natured, at it.

The customer accepts that the customer details quoted in the contract shall be saved and processed for the purpose of accountancy and customer acquisition. We use customer details only for fulfiling statutory provisions and for processing of payment transactions.
We do not provide customer details to third parties, unless this is absolutely necessary for the settlement of the contract. Our contracting parties are briefed concerning our data protection laws and are bound to us in this regard. If you have further questions please contact the information centre for privacy information, common questions, complaints etc.: office@stiege.com

All messages, pictures, blueprints, outlines and the design of the website of Renoprofil inc serve exclusively the purpose of informing our clients personally. Use shall be effected at one’s own risk. All data of this offer are covered by §4 and §§87 at sqq. of the copyright law. Reproduction, copying or printing of the entire website is permitted for the purpose of ordering from Renoprofil inc only. Any additional adaptation, duplication, distribution and/or public account exceeds customary use and is a violation of the copyright law.

Information about cookies and Link!!!

XXIII.
Inefficacy of individual terms
Shall any terms of these GCCSD become completely or partly invalid or inexecutable, all other terms and conditions remain unchanged.

XXV.
Arbitration board
We accept the on-line ombudsman as out of court arbitration board. If you have further questions concerning mediation, please make use of our service: office@stiege.com or contact the ombudsman on-line at: www.ombudsmann.at