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General Terms and Conditions
The following General Terms and Conditions are an integral part of all delivery and service contracts of the company Hinteregger GmbH. Any deviating terms and conditions of the Client shall not become contents of the contract even if we do not expressly object to them.
There are no oral collateral agreements.
Should individual provisions of this contract be ineffective or non-executable or become ineffective or non-executable after the conclusion of the contract the effectiveness of the contract remains otherwise unaffected. The ineffective or non-executable provision is to be replaced by a provision that is effective and executable and comes as close as possible to the economic effect which the contracting parties were seeking to achieve with the ineffective or non-executable provision. The existing provisions apply accordingly in the event that the contract is shown to have omissions.
2. Conclusion of a Contract
Our offers are always provisional and unbinding and solely represent a request to the customer to place a contract offer. Only when the Client places an order there will be a binding offer for the conclusion of a contract.
An order to us shall not be deemed to have been accepted unless it has been confirmed by us in writing.
Cost estimates, drawings and other documents which were provided by us or manufactured in the course of our order, shall remain our property. They may not be made accessible to third parties.
3. Delivery Period
If the contractual documents state any date or period of delivery or services provided or which enable the determination of such date or period it solely indicates the due date for the supply of the goods or services. If such delivery dates or periods are not kept by negligence, the Client shall be entitled to establish an appropriate period of grace and, after the deadline has expired, to withdraw from the contract and claim damages according to clause 3.3. For periods and dates which shall by no means be exceeded (fixed-date purchases) this property must be expressly and unambiguously agreed.
If, as a result of an act of God or for other reasons which are unforeseen, extraordinary or not our fault, as e.g. disruptions of operations, strikes, lockouts, war, impairment of means of transport as well as delays in the delivery of essential materials, as far as such impediments demonstrably have a considerable impact on the delivery of the delivery item, the given delivery periods cannot be adhered to, we shall be entitled to deliver after removal of these impediments. That shall also apply if the circumstances occur with sub-contractors.
Our liability for damages as a result of delay in cases of minor negligence is limited to an amount of 30 % of the foreseeable damage typical for the respective contract. Claims for damages shall only exist if the delay is based on a wilful or grossly negligent breach of duty of us or one of our legal representatives or vicarious agents.
4. Prices and Terms of Payment
Prices ex works do not include packaging unless otherwise agreed in individual cases. Prices shall be subject to VAT at the respective statutory rate. The costs for the delivery respectively the shipment of the goods shall be borne by the Client. Any additional services, especially the setting up and assembly respectively the connection of the delivery item will be invoiced additionally.
Our invoices shall be due immediately and payable without deduction within 30 days after date of invoice. We shall grant 2 % cash discount for full payment within 14 days after date of invoice.
The customer will be only entitled to rights set-off, if his counterclaims are found absolutely, are undisputed or recognized by us.
6. Shipment, Risk Assumption, Place of Fulfilment
In relation to businesspeople, legal persons under public law or special funds under public law, our place of fulfilment shall be the registered office of our company.
If the goods are shipped at the request of the Client to a place other than the place of performance (sale by dispatch), the risk shall be transferred to the Client upon passing the goods on to the haulier. This shall also apply when shipping the goods within the same city or in case of transporting the goods through our own staff and/or with our own vehicles.
Goods are only insured against transport damages and losses in transport at the specific request and at the expense of the customer.
7. Retention of Title
All goods delivered by us remain our property until the Client has settled all existing claims. If the Client is a businessman, all our supplied goods remain our property until the Client has settled all our entitled claims resulting from this business contract with the Client.
The Client has the right to sell the goods subject to the retention of title in the ordinary course of business, a pledging or a chattel mortgage is not permitted to him/her. In the event of a resale the Client now assigns to us all claims resulting from the resale and all other claims against his customer with all ancillary rights to the value of the goods subject to retention of title. We already accept this assignment with immediate effect.
We shall be obliged at the Client’s request to release or transfer back these securities, if the total amount of the securities transferred to us exceeds the amount of our claims by more than 10 %.
We grant the Client the revocable authorization to collect the receivables respectively parts of the receivables assigned to us on his own behalf. This authorisation can only be revoked if the customer does not properly meet its payment obligations.
In the event of debt execution measures by third parties against the reserved goods or the claims assigned in advance, the client shall notify us immediately and hand over all documents necessary for us to intervene.
Any defects of the goods delivered which are visible at first sight shall be reprimanded through a written notification of defects within a period of five working days at the latest. After the deadline has passed, we shall be free from any warranty obligation if the customer has not reprimanded the defect in due form and time.
If goods supplied are defective, we may choose whether to rectify the defect or to supply a perfect item (remedy).
In the event that subsequent fulfilment fails or we are not prepared or not in a position to fulfil subsequently or it is delayed beyond a reasonable period for reasons for which we are responsible the Client shall be entitled to demand rescission from the contract or a price reduction at his option.
We guarantee that our products are free of defects for a period of one year. The period shall start with the handing over of the product to the Client. Further guarantees of the manufacturer or our supplier shall remain unaffected hereby.
Any additional claims on the part of the Client, especially claims for damages including lost profits or because of other financial damages are excluded.
The foregoing limitation of liability shall not apply if the damage is based on a deliberate or grossly negligent breach of duty of us or a legal representative or fulfilment assistant and in the case of culpable breach of fundamental contractual obligations. In the case of culpable breach of fundamental contractual obligations we shall only be liable for the reasonable foreseeable damage that is typical for this type of contract.
The above limitation of liability does not apply to the liability for damages resulting from injury to life, body or health resulting from a negligent breach of duty by our legal representative or fulfilment assistant.
9. Choice of Law
The legal relationships between the Client, also foreign clients, and us, are solely subject to the law of the Federal Republic of Germany. The application of uniform UN-rights of purchase is excluded.
10. Jurisdiction Clause
The place of jurisdiction for all disputes between the parties arising from the contract shall be the domicile of our company, as long as the Client is a businessman, a legal person under public law or special assets under public law.
General Terms and Conditions of the company Hinteregger GmbH
As of September 1, 2014
The use of our website is usually possible without providing personal information. Insofar as data relating to individuals appears on our web sites (e.g. names, addresses or e-mail addresses), this will as far as possible always be on a voluntary basis. No personal data will be forwarded to any third parties without your express consent.
We draw your attention to the fact that data transmission over the Internet (e.g. when communicating by e-mail) may involve gaps in security. It is not possible to protect such data completely against access by third parties.
The use of the contact data published within the framework of the imprint regulations by third parties for sending non-requested advertising material and information is hereby explicitly prohibited. The operators of the websites expressly reserve the right to pursue legal steps in the event of unsolicited sending of advertising information, such as through spam mail.
scope of application
This data protection declaration is intended to inform users of this website about the type, scope and purpose of the collection and use of personal data by the website operator Andreas / Alois Hinteregger in accordance with the European Data Protection Ordinance (DSGVO).
The website operator takes your data protection very seriously and treats your personal data confidentially and in accordance with legal regulations.
Keep in mind that data transmission over the Internet can be subject to security vulnerabilities. Complete protection against access by third parties is not possible.
The website operator or page provider collects data about access to the page and saves it as “server log files”. The following data is logged in this way:
time at the time of access
Amount of data sent in bytes
Source/reference from which you came to the page
Operating system used
– IP address used
The data collected is used solely for statistical evaluations and to improve the website. However, the website operator reserves the right to subsequently check the server log files if there are concrete indications of illegal use.
Common browsers offer the setting option not to accept cookies. Note: There is no guarantee that you will be able to access all functions of this website without restrictions if you make the appropriate settings.
Handling of personal data
The website operator only collects, uses and passes on your personal data if this is permitted by law or if you consent to the collection of data.
Personal information is any information that is used to identify you and which can be traced back to you, such as your name, e-mail address and telephone number.
Handling of contact data
If you contact the website operator through the contact options offered, your details will be stored for a period of six months so that they can be used to process and answer your enquiry and in the event of follow-up questions. These data will not be passed on to third parties without your consent.
This website uses the “Google Analytics” service, which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) for analysis of website usage by users. The service uses “cookies” – text files which are stored on your terminal. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
IP anonymisation is used on this website. The IP address of users within the member states of the EU and the European Economic Area will be reduced. This reduction eliminates the personal reference to your IP address. As part of the contract data agreement concluded between the website operators and Google Inc., Google uses the information collected to evaluate the use of the website and website activity and to provide services related to Internet use.
You have the option of preventing the storage of cookies on your device by making the appropriate settings in your browser. There is no guarantee that you will be able to access all functions of this website without restrictions if your browser does not allow cookies.
Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link leads you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=en
Alternatively, you can prevent Google Analytics from collecting data about you within this website by clicking on this link (IMPORTANT! Insert an opt-out link). By clicking on the link above you can download an “Opt-Out-Cookie”. Your browser must therefore allow cookies to be stored. If you delete your cookies regularly, you will need to click on the link again each time you visit this website.
Here you will find further information on data use by Google Inc.: https://support.google.com/analytics/answer/6004245?hl=en
Rights of the user: Information, correction and deletion
Upon your request, you as a user will receive free information about which personal data about you has been stored. Unless your request conflicts with a legal obligation to store data (e.g. data retention), you have a right to have incorrect data corrected and your personal data blocked or deleted.
The structure and contents of this website are protected by copyright. The publication, adoption, reproduction or use of the information or data, in particular the use of texts, excerpts, images, program codes or other data is expressly prohibited unless approved in writing by the company Hinteregger GmbH.
Despite our careful checks we cannot accept any liability for the contents of external links. The operators of the linked sites are solely responsible for the contents of their websites.
Hinteregger GmbH collects personal data such as company names, names, phone numbers, e-mail addresses etc., insofar as this information was voluntarily provided by a visitor of this website. These data will only be used to process your enquiries. It will not be transferred to third parties. It may be necessary to store your personal data in connection with maintenance of customer relations.
Cookies are small text files from a website that are stored on your computer’s hard drive. Cookies do not damage your computer in any way and do not contain any viruses. The cookies of our internet pages do not collect any personal data of you. In order to make use of the complete range of our internet pages cookies must be enabled in your web browser.
We reserve the right to errors and technical changes in the online documentation. A claim to damages or any warranty is excluded in case of damages – based on faulty information and/or wrong statements.