IV/ Delivery times
- The delivery and performance times we state shall be conditional upon all technical issues being settled; they do not apply to custom-made products. Unless a special, written agreement has been made between the Orderer and us on a binding delivery time, the delivery and performance times we state constitute non-binding benchmarks having no binding character.
- After we have fallen into arrears and the Orderer grants us a reasonable grace period in writing on pain of rejection, he shall be entitled to withdraw from the contract following the fruitless expiration of such period. The Orderer may only make claims for damages on grounds of non-fulfilment if the delay was intentional or grossly negligent on the part of HL Hutterer & Lechner GmbH.
- Compliance with our delivery obligation presupposes timely, due and proper fulfilment of the Orderer’s obligations.
- Should the Orderer delay acceptance or breach other cooperation duties, we shall be entitled to demand the losses we incur, including any additional expenditures. In such a case, the risk of accidental loss or accidental deterioration of the delivery or service shall pass to the Orderer at that time when the latter delays acceptance.
V/ Return delivery
In principle, we are not obligated to take back goods which the Orderer no longer needs; this shall require a special written agreement. Guidelines for a possible take-back agreement may include
- The goods must not be more than two years old (date stamp on label).
- The goods must conform to Hutterer & Lechner’s current catalogue.
- We reserve the right to invoice handling charges, at least 10% for goods in shipping condition, 20% for goods with dirty or damaged packaging.
- Damaged goods cannot be returned. Should the Orderer nevertheless send them to us, they will remain in the plant for one month, ready for collection (calculated from the Orderer’s notification) before being disposed of.
- For products in transparent packaging: complaints about missing parts can only be acknowledged if the goods are returned in their unopened original packaging.
VI/ Transfer of Risk
- Unless negotiated otherwise, deliveries “ex works” shall be deemed agreed upon.
X/ Data Protection
The data included in the contract shall only be used for our accounting purposes and customer documentation. We may and will use the data to comply with statutory regulations, in payment transactions and for advertising purposes. The data will be handled in accordance with the Data Protection Act currently in force and will not be passed on to third parties.
XI/ Jurisdiction, Choice of Law
- The commercial court responsible for Vienna’s 1st District shall have exclusive jurisdiction in all disputes arising in connection with the contract.
- The parties agree that Austrian law shall apply exclusively and that the U.N. Convention on Contracts for the International Sale of Goods (CISG) shall be precluded.
We acknowledge the Internet Ombudsman as the conciliation board (“Streitschlichtungsstelle”).
Disclaimer of Liability
1/ Content of Online Offer
HL Hutterer & Lechner GmbH (HL) assumes no warranty whatsoever for the up-to-dateness, correctness, completeness or quality of the information provided online. In general, liability claims against HL concerning material or non-material damage caused by use or non-use of the proffered information and/or the use of incorrect and incomplete information shall be precluded, unless HL is to blame for reasons of wrongful intent or gross negligence. The author expressly reserves the right to change, supplement or delete portions, pages or the entire content without separate notice and to cease the publication in whole or in part.
2/ References and Links
HL Hutterer & Lechner GmbH (HL) assumes no liability for the content of third-party websites referred to on HL websites directly or indirectly (hyperlinks). At the time the relevant reference was set up, HL had no knowledge of circumstances within the meaning of Sec. 17 of the Austrian E-Commerce Act 2001 (“ECG”). As soon as HL learns of information to the contrary, we will remove the computerised reference.
The author has no influence whatsoever on the current and future design, content or copyright/ownership of the linked sites. Therefore, he hereby expressly disassociates himself from all content of all the linked sites changed after linking. This declarative statement applies to all links and references within HL’s own Internet offer and to third-party entries in all guestbooks, discussion forums, link catalogues and mailing lists set up by HL, as well as all other forms of databases to the content of which external written access is possible.
3/ Copyright and Trademark Rights
In all publications, HL Hutterer & Lechner GmbH endeavours to observe the copyright on graphics, sound documents, video sequences and texts used, to utilize its own graphics, sound documents, video sequences and texts, or to avail itself of licence-free graphics, sound documents, video sequences and texts. All trademarks and brand names indicated and protected by third parties are unrestrictedly subject to the provisions set out in the applicable trademark laws and ownership rights of each registered owner. Mere naming shall not infer that a trademark is not protected by third-party rights!
Use and rights for published objects made by HL itself shall remain with HL alone. Reproduction and use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without HL’s express consent.
4/ Data Protection
To the extent that it is possible to enter personal or business data (e-mail addresses, names, postal addresses) within the Internet offer, divulging such data is, without exception, expressly voluntary on the user’s part. As far as technically possible and reasonable, the use and payment of all proffered services shall also be permitted without stating such data and/or by stating anonymised data or a pseudonym. Use by third parties of any data published within the framework of the Site Notice (“Impressum”) or any comparable information, such as postal addresses, telephone and fax numbers or e-mail addresses, for purposes of sending information not expressly solicited shall not be permissible. The right to take legal steps against senders of so-called spam mails in the case of any failure to comply with this prohibition is expressly reserved.