THE UNDERLINED CONDITIONS DO NOT APPLY TO CONTRACTS SUBJECT TO CONSUMER PROTECTION LAW:
1.1 The content of the contract shall only be that which is defined in writing on the contract form or that which we have confirmed in writing.
1.2 Our representatives may sign contracts on our behalf, however, they are not authorised to collect payment. Our quotes shall remain valid for 14 days. If we are made an offer, the customer shall be bound to the offer for 8 days.
1.3 We shall be bound to the general terms and conditions of the customer only if we have acknowledged these in writing.
1.4 The versions of the Austrian Federal Economic Chamber's "Quality Guidelines for Windows, Front Doors and Facade Components", and "Windows and Window Facade Platforms" in force when the contract is concluded shall also apply. These may be viewed at www.josko.at and can be sent to the customer in writing if required.
1.5 Should any individual provision, in full or in part, of these Terms and Conditions of Sale and Delivery be or become void or unenforceable, the validity of the remaining provisions shall in no way be affected. In such case the void and/or unenforceable provisions shall be replaced with a provision which comes as close as possible to the meaning, sense and purpose of the Terms and Conditions of Sale and Delivery.
DELIVERY TIMES AND DELIVERY
2.1 The likely delivery date given on the purchase order shall not be binding. A binding delivery date may be agreed only after preliminary planning and when the order has been registered by us in our factory. However, this will be no later than six weeks after the purchase order has been received (exclusions: custom orders). If the customer does not fully provide us with the information required in accordance with the agreement, the delivery date shall be extended until such time as this is provided.
2.2 We will accept changes to the purchase order if they are feasible for us, but this may have an effect on the price and/or delivery date.
2.3 If a complete delivery is not expressly agreed, we may also make partial deliveries.
2.4 Compensation for non-performance or delay shall be possible only in cases of gross negligence or intent. If a penalty is expressly agreed, this shall not exceed 5% of the net order amount.
2.5 Unforeseen delivery problems not within our control (strike, delays in material deliveries, road closures or other cases of force majeure, etc.) shall entitle us to extend delivery dates by up to two months. In all other respects, clause 2.4 shall apply when the delivery deadline has expired with the proviso that no penalty shall be due.
2.6 We will deliver to the first, easily accessible, level and suitable storage area that the customer must prepare and make available. Carrying and installation only by written agreement and for an additional price.
2.7 The customer shall be responsible for providing unobstructed, safe access (with a 16t truck, height 4m) to the unloading area and the immediate storage of the components, especially as regards theft, moisture damage and damage. For components weighing more than 150 kg, the customer shall provide suitable helpers for unloading.
2.8 The customer shall ensure that they or a representative is available to accept the delivery. When the goods are delivered, they must be checked to ensure that they are complete. In case of goods that are not fully packed (especially windows, shutters, roller blinds, etc.), complaints about damaged packaging, scratches, dents, scrapes, etc. must be made immediately upon delivery otherwise claims will not be accepted.
2.9 If the customer does not accept the contractually delivered goods at the contractually agreed time, we may demand full payment and may also store the goods and deliver them at a future point in time at the expense and at the risk of the customer.
WARRANTY AND COMPENSATION
3.1 The customer shall examine the goods immediately, but at the latest before installation or further processing for obvious defects and shall send a complaint about any defects with details in writing, also immediately but at the latest within 10 days, or shall have no right to further claims. In case of dispute, we may use the defence of having not received a complaint even if we have not used this defence out of court.
3.2 Latent defects must be brought to our attention as soon as they are discovered; assuming this is within the warranty period, otherwise the customer shall have no claim.
3.3 We may fulfil warranty claims by improvement, replacement or price reduction, at our discretion. The customer shall agree not to rescind the contract. Improvement shall be carried out at delivery location or at our factory, at our discretion.
3.4 Claims for compensation for material or property damage towards us shall be excluded unless these are based on gross negligence or intent. The amount of compensation shall not exceed the value of the delivered goods (partial goods). We shall not be liable for pure financial losses.
Clauses 3.5 and 3.4 shall also apply to all pre-contractual final provisions on our side, such as an obligation to provide a warning or explanation.
3.6 The warranty period is six months from date of delivery to the agreed address. Section 924 Sentence 2 of the Austrian General Civil Code (ABGB) shall not apply. Replacement deliveries or rectification of defects do not prolong, stop or interrupt the warranty period. Claims for recourse according to Section 933b ABGB against us are excluded. Assertion of defects shall not entitle the customer to use the objection of an unfulfilled contract or change the terms and conditions of payment.
3.7 The statutory warranty shall apply for consumers.
4.1 In case of late payment by the customer, we will charge the statutory default interest rate. In addition, the customer shall reimburse us for all reminder and legal costs associated with enforcement to an appropriate extent as regards the open claims
4.2 The customer hereby agrees that all payments made by them shall be offset first against costs and expenses, then against the interest and finally against the capital.
4.3 If payment is delayed or if circumstances arise in which the customer's financial situation is likely to make it impossible for them to satisfy our claims adequately (opening of insolvency proceedings, proceedings to recover open payment obligations), we may immediately claim all open payments and also refuse to make any further deliveries.
RETENTION OF TITLE
5.1 All goods are delivered with retention of title. They remain our property until payment has been made in full, even if they are installed.
5.2 If we assert our retention of title, the customer hereby authorises us to reclaim our goods without legal aid and allows us free access to our goods at any time for this purpose.
5.3 The customer shall keep the goods in proper condition during the retention of title period and shall notify us of any executive measures.