Of Häny Austria GmbH, Packerstraße 133a, 8561 Söding - St. Johann, FN 37549w
Company Register Court: The Provincial Court for ZRS Graz
Internet:  www.haeny.at
Contact:  officehaeny.com, Tel. +43 (0) 3137/46 450
Managing Director: Hannes Stolzlechner

1.) Scope and general provisions
1.1.) The following provisions of the general terms and conditions (hereinafter referred to as: “GTC") apply to all contracts relating to goods and services offered by Häny Austria GmbH and entered into between Häny Austria GmbH and consumers or businesses. All previous oral or written agreements are entirely replaced by this GTC. Any regulations deviating from the GTC do not become part of the contract, unless their validity has been expressly agreed in writing.

1.2.) By ordering, acquiring or using any deliveries and services provided by Häny Austria GmbH, the customer expressly agrees to the GTC and declares this to be the basis of the relevant business.

1.3.) All functional and personal designations used in the GTC apply to both sexes.

1.4.) The contract language is German.

2.) Offer, delivery, order confirmation
2.1.) Any advertisements placed by Häny Austria GmbH are an invitation to conclude a contract with interested parties and are non-binding. A contract is only concluded on the sending of the written order confirmation by Häny Austria GmbH (= acceptance of the offer by interested parties / customers). This will be issued after the offer has been issued to the customer and sent to the customer.

All information given in catalogues or at the above-mentioned website of Häny Austria GmbH is not binding. Häny Austria GmbH s reserves the right to make changes. Dimensions, weights, illustrations, drawings or other documents are only binding if expressly so designated. A contractual relationship is only concluded with the issuance of a written order confirmation as confirmation of acceptance. Cost estimates are made to the best of our knowledge, but no guarantee can be given for their accuracy and they are only binding if expressly agreed in writing between the parties to the contract.

2.2.) All deliveries by Häny Austria GmbH are to be made by agreement. In the case of deliveries, costs and risks of transport shall be borne by the customer, unless they are consumers. For consumers § 7b KSchG (the Austrian Consumer Protection Act) applies, according to which the risk for the loss or damage of the goods passes to the consumer as soon as the goods are delivered to the consumer himself or to a carrier or other third parties specified by him. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by the supplier, the risk passes to the the consumer upon delivery of the goods to the carrier chosen by the consumer. Unless otherwise agreed, the customer acquires ownership of the goods at the same time as the transfer of risk. In the case of businesses the transfer of risk takes place with despatch or delivery of the goods or provision of the service.

Häny Austria GmbH is entitled to make partial deliveries. In the event of default of acceptance, the goods are deemed to have been handed over properly. In the event of default of acceptance, Häny Austria GmbH may file a court order for its services at the expense of the customer, thereby exempting it from its liability. Furthermore, Häny Austria GmbH is entitled to compensation for expenses caused by the default of acceptance.

Furthermore, there is the opportunity for self-help sales. As soon as the customer is in default of payment, Häny Austria GmbH is only liable for damage arising from gross negligence.

The individually agreed delivery period always applies subject to unavoidable or unforeseeable events which are outside the sphere of influence of the contracting parties (e.g. force majeure).

2.3.) If the customer is a business, the customer can only withdraw from the contract if the delivery date is not met, if he has allowed Häny Austria GmbH a reasonable period of grace in writing following expiry of the delivery period. If this deadline is not met within this period, the customer may withdraw from the contract. The withdrawal from the contract can only be made in writing. In the event of an unjustified withdrawal from the contract by the customer, Häny Austria GmbH is entitled to insist on compliance with the contract or to demand a contractual penalty of 30% of the invoice amount.

For consumers, the provisions of §§ 3, 3a and 4 KSchG (the Austrian Consumer Protection Act) apply, should they deviate from the above.

3.) Prices
The prices are ex works or ex seller’s warehouse including VAT. Any fees, taxes or other charges levied in connection with the delivery shall be borne by the buyer. If the delivery to the final destination has been agreed, this and any transport insurance requested by the buyer will be charged separately, but does not include unloading and contracts. The packaging will only be taken back by express agreement.

4.) Payments
4.1.) Unless different terms of payment have been agreed in writing, invoices are due for payment within 14 days from the date of the invoice.

4.2.) Payments are to be made without any deduction to the paying agent of Häny Austria GmbH in the agreed currency. Any acceptance of a cheque or bill of exchange shall always be carried out only by way of payment. All related interest and expenses (such as collection and discount charges) are at the expense of the buyer.

4.3.) Businesses are not entitled to withhold or offset payments due to warranty claims or other counterclaims.

4.4.) A payment is deemed to have been made on the day on which Häny Austria GmbH has access to the funds. In the case of consumers, the timely payment delay law requires the transfer order to be issued on the last day that it is due. If the customer is in arrears with an agreed payment or other service from this or other legal transactions, then Häny Austria GmbH may, without prejudice to its other rights

a.) withdraw from the contract by setting a period of grace of 14 days or retain it,

b.) in the case of qualified insolvency, e.e. after two delays in payment, other legal transactions may only be conducted against advance payment.

In any event, Häny Austria GmbH is entitled to charge businesses any pre-trial costs, in particular reminder fees and legal fees. In addition, Häny Austria GmbH is entitled to claim damages from the debtor in default.

4.5.) Discounts or bonuses granted are subject to timely performance of the full payment.

4.6.) Häny Austria GmbH retains ownership of all goods delivered or sold by it until complete payment of the invoice amount plus interest and costs.

5.) Withdrawal from the contract
5.1.) A condition of withdrawal from the contract by the customer is, unless a more specific regulation has been made, that there is a delay in delivery and the agreed, reasonable grace period has expired. The withdrawal is to be asserted by letter.

5.2.) Irrespective of its other rights, Häny Austria GmbH is entitled to withdraw from the contract,

a.) if the execution of the delivery or the commencement or continuation of the service is impossible or delayed further for a reason for which the customer is responsible, or despite a reasonable period of grace, there is a further delay,

b.) if there are concerns about the solvency of the customer and if he does not make any advance payment at the request of Häny Austria GmbH or provides suitable security before delivery,

c.) if the extension of the delivery time occurs due to unforeseeable circumstances or circumstances beyond the control of the party, such as force majeure, which hinder compliance with the agreed delivery time and exceed more than half the originally agreed delivery period.

5.3.) The withdrawal may also be declared in respect of an outstanding part of the delivery or service for the above reasons.

5.4.) Without prejudice to any claims for damages by Häny Austria GmbH, including pre-litigation costs, any services or partial services already rendered shall be invoiced and paid in accordance with the contract in the event of withdrawal. This also applies if the delivery or service has not yet been accepted by the customer and for preparatory actions provided by Häny Austria GmbH. Häny Austria GmbH is also entitled to demand the return of items already delivered.

5.5.) The assertion of claims for laesio enormis, errors and omissions in the basis of the transaction by the business is excluded.

6.) Warranty
6.1.) Häny Austria GmbH is obligated, in compliance with the agreed terms of payment, to remedy, in accordance with the following provisions, any defects affecting the functionality that existed at the time of delivery, based on a design, material or manufacturing defect. Statements made in catalogues, brochures, advertising leaflets and written or oral statements that have not been included in the contract cannot be used to make any warranty claims.

6.2.) The warranty period for movable objects is two years, for immovable objects three years, unless special warranty periods have been agreed for individual delivery items. The warranty period begins with the date of the transfer of risk according to item 2.2.

6.3.) The warranty claim presupposes that the business has notified the defects in writing within a reasonable period of time and that the notification is received by Häny Austria GmbH. The entrepreneur must prove the existence of the defect within a reasonable period of time, in particular to provide the documents or any data available to him to Häny Austria GmbH. If there is a defect subject to warranty, Häny Austria GmbH shall, at its discretion, remedy the defective goods or the defective part at the place of performance or have them sent for rectification or make an appropriate price reduction.

6.4.) Excluded from the warranty are such defects as those that arise from disproportionate or incorrect handling and unsuitable layout and assembly, insufficient equipment, non-observance of installation requirements and conditions of use, overuse of the parts beyond the performance specified by Häny Austria GmbH, negligent or incorrect treatment and use of unsuitable operating materials; this also applies to defects that are attributable to material provided by the entrepreneur. Häny Austria GmbH is also not liable for damage resulting from the actions of third parties, atmospheric discharges, electrical surges and chemical influences. The warranty does not cover the replacement of parts that are subject to natural wear and tear if the defect was caused by wear.

6.5.) The warranty expires immediately if the business itself or a third party not expressly authorised by Häny Austria GmbH carries out any changes or repairs to the delivered items without the written consent of Häny Austria GmbH.

6.6.) If the customer is a consumer, then the provision of § 8 KSchG (the Austrian Consumer Protection Act) and in particular the provisions of §§ 922 to 933 ABGB (Austrian Civil Code) apply.

7.) Liability of the seller
7.1.) Häny Austria GmbH is only liable in the case of business dealings with businesses for damages outside the scope of the Product Liability Act, insofar as intent or gross negligence is proven, within the scope of the statutory provisions.

7.2.) Liability for minor negligence and compensation for consequential damage, pure financial loss, indirect damage, loss of production, financing costs, replacement energy costs, loss of energy, data or information, lost profits, unrealised savings, interest losses and damages arising from third party claims or in the event of liability under the Product Liability Act against the buyer, the amount is limited to the respective sum insured.

7.3.) No liability is accepted in the case of a failure to comply with any conditions for installation, commissioning and use (such as contained in operating instructions) or the regulatory approval conditions.

7.4.) The provisions of clause 8.) apply conclusively to all claims by the business against Häny Austria GmbH, for whatever legal reason and title and are also effective for all employees, subcontractors and subcontractors of Häny Austria GmbH.

7.5.) The provisions of item 8.) do not apply to consumers with regard to § 6 para. 1 No. 9 KSchG (the Austrian Consumer Protection Act).

8.) Place of fulfilment; place of jurisdiction; applicable law
For the resolution of all disputes arising from the contract - including those concerning its existence or non-existence - the competent court at the headquarters of Häny Austria GmbH is exclusively responsible. The contract is governed by Austrian law excluding the referral rules. The application of the UNCITRAL United Nations Convention on Contracts for the International Sale of Goods is excluded.

9.) Severability Clause
Should provisions of these GTC, for whatever reason, be ineffective, the validity of the remaining provisions shall not be affected thereby. In such case the ineffective provision shall be replaced by the provision which comes closest to the intended economic purpose and is permissible.