GTC
General Terms and Conditions of ZABRANSKY GmbH
We work exclusively in accordance with the following terms and conditions. We do not accept any other general terms and conditions and they do not form part of our contracts. In the case of business partners who are not consumers within the meaning of the Consumer Protection Act, we expressly reject any terms and conditions other than those stated above.
Delivery
Zabransky GmbH always endeavors to deliver on time. Delays which are not caused by willful misconduct or gross negligence on our part shall not justify any claims for damages. If the delivery time is exceeded by half of the time frame resulting from the purchase contract, this shall be deemed approved, unless the buyer is a consumer within the meaning of § 1 KSchG. We reserve the right to make partial deliveries and issue partial invoices.
Default
Ordered goods must be accepted within 14 days of notification, otherwise the buyer shall bear all consequences of delay. Storage costs for goods not accepted shall be agreed at 1 % of the total purchase price per calendar week.
In this case, the seller and the buyer agree on storage costs for the goods not taken over in the amount of 1% of the total purchase price per calendar week.
In the case of purchase contracts, the due date for payment of the purchase price is the date on which the buyer takes delivery of the goods.
Delay in performance
The debtor shall be in default if there is a complete failure to perform or an offer of performance that does not comply with the contract. Default occurs at the end of the due date.
Default in payment/interest on arrears
Default of payment occurs when the seller has provided his service in accordance with the contract and the buyer does not meet the contractual or statutory payment deadline. If the buyer is in default of payment, Zabransky GmbH is entitled to charge interest on arrears. The seller's claim to default interest does not require a prior reminder. If the payment deadline stated on the invoice is exceeded, interest on arrears shall apply.
For consumer transactions (B2C), 4 % per year applies as statutory default interest.
For transactions between companies (B2B), 9.2 % above the prime rate applies. The prime rate as at 1.7.2023 is 3.38 %. The statutory default interest rate for business transactions is therefore 12.58 %. The current base interest rate can be found on the website of the Austrian National Bank at www.oenb.at. (However, this increased default interest rate only applies in the event of culpable delay in payment. If the buyer is not responsible for the delay, the statutory default interest rate is also 4 % per year.
Dunning/collection charges
For transactions between companies (B2B), Zabransky is legally entitled to demand at least € 40 for any collection costs (in particular reminder fees). This lump sum is due in addition to the default interest. The creditor may demand any additional collection costs in accordance with the provisions of the law on damages.
For consumer transactions (B2C) as well as between companies (B2B), Zabransky Gmbh is entitled to claim compensation for other damages incurred by the debtor and the creditor, in particular the costs of extrajudicial collection or recovery measures, in addition to the statutory interest in the event of default of payment by the contractual partner. These will be in reasonable proportion to the claim being pursued and are necessary and appropriate. You can find out about the amount of this claim here inform. (Ordinance of the Federal Minister for Economic Affairs on the maximum rates of remuneration due to debt collection agencies, Federal Law Gazette No. 141/1996)
Warranty
The seller warrants its products within the framework of the statutory provisions.
The seller accepts no liability for cleaning and periodic maintenance as well as troubleshooting and the replacement of parts that are subject to natural wear and tear. No liability is accepted for damage resulting from a breach of the cleaning instructions. In the event of a justified warranty claim, the seller is entitled to avert the claim for rescission of the contract by replacing the defective item with a defect-free one within a period of ten weeks. This ten-week period shall commence upon completion and acknowledgement of the defect by the seller. In the event of a justified warranty claim, the seller is also entitled to avert a claim by the buyer for an appropriate price reduction.
This means that he:
1) either replaces the defective item with a defect-free one within a period of ten weeks
2) brings about an improvement within this period
3) adds the missing one.
This period also begins with the discovery and acknowledgement of the defect by the seller. The Seller shall not be liable for color deviations caused by production. The Seller shall not be liable for cracks or damage to parts of the building (masonry) occurring in connection with the disassembly or assembly of the Seller's products.
Compensation for damages
The Seller shall not be liable for damage caused by slight negligence or slight fault on the part of its employees or vicarious agents.
Retention of title
Delivered goods remain the property of the seller until full payment has been made. In the event of default of payment, the seller shall be entitled to remove elements that have already been installed. The buyer assigns claims from the resale to the seller.
The Buyer hereby assigns to the Seller any claims against third parties arising from the resale of the reserved goods, together with all ancillary rights, up to the amount of the purchase price claim due to the Seller, including interest and costs.
The Buyer is obliged to inform the Seller immediately of any seizure or other impairment of his ownership of the reserved goods by third parties and to reimburse the Seller for any costs incurred for this reason.
Property rights
The sale of our goods does not transfer any rights, in particular patent, trademark, design protection, copyright and other rights to the buyer.
Data protection
The buyer agrees to the collection, electronic processing/storage and use of his data for product-related information.
Place of jurisdiction
If the buyer is not a consumer within the meaning of §1 KSchG, Vienna is agreed as the place of jurisdiction.
