General Terms and Conditions of the STS Consulting & Trading GmbH Company
Company information:
Name of the company: STS Consulting & Trading GmbH
Address: A-9020 Klagenfurt, Maderspergerstraße 8
Telephone: 0043/ (0) 463 / 46622
Fax: 0043/ (0) 463 / 4662215
Email: info@funtrain.at
Business purpose: automotive, trade
VAT number: ATU: 44501302
Trade Register Number: FN 167090
Commercial court: Klagenfurt, Austria
I. General Terms
1. Deliveries and services shall be made exclusively in accordance with the following General Terms and Conditions, as well as the INCOTERMS, as long as nothing else is explicitly agreed.
2. Terms and Conditions and INCOTERMS of the customer differing from the General Terms and Conditions, alteration of contract, addenda, warranties or other verbal agreements will be integral part of the contract only when the supplier consented in writing.
II. Conclusion of the Contract
1. The offers of the supplier are subject to change without notice.
Verbal and written offers are available for 3 weeks, unless another date is specified in the contract.
2. Descriptions, specifications, images, drawings, weight indications etc from catalogues, brochures, price lists or other contract documents of the supplier are approximated values in line with the industry standard unless they are exactly specified in the sales confirmation.
3. The customer is bound to the order for 6 weeks, unless the supplier rejected it previously in writing
4. The contract is concluded when the supplier confirms the receiving of the order in writing or when the delivery is carried out.
III. Price
All prices are quoted net ex works, not including the value added tax valid at the delivery date, packaging, transportation charges and other ancillary services.
IV. Terms of payment
1. The purchase price (prepayment) is a delivery against payment.
2. In case of delay of payment, the buyer has to pay an interest for delay 4% bigger than the bank rate of the Austrian National Bank, but minimum 12%.
3. The supplier can require payment in advance or a deposit within a suitable period and refuse to fulfill the request until this is paid, in case its pecuniary claim is at risk.
4. Orders for the payment, checks and drafts are acceptable as payment in case of transfer or prolongation only if the customer has paid all collection and discount fees.
5. The buyer may make a set off or claim a right for retention only with counterclaims recognized by the supplier, undisputed or recognized in a non-appealable manner.
6. Any set-off with possible claims of the customer, which are alleged or actually existing, are excluded.
V. Reservation of Title
1. The delivered product remains the property of the supplier until all claims of the business contract with the buyer are fulfilled. The reservation of title also applies to claims regarding the delivery item that appear later (ex: due to reparation, delivery of spare parts or other services).
2. During the reservation of title’s period the delivery item shall be insured by the buyer against all risks including fire and fully comprehensive insurance. The right for the insurance policy remains the property of the supplier until the purchase is finalized.
3. The buyer cedes to the supplier all rights and claims regarding the resale of the product delivered by the supplier under reservation of title that is permitted only by proper transaction and proper fulfillment of the contract by the buyer, in order to insure all claims from paragraph V 1. The supplier accepts hereby the cession.
4. Pledging, security transfers, renting or other surrender of goods that affect the supplier’s security are allowed only with the previous written consent of the supplier.
5. The buyer must immediately report to the supplier any particular seizure of the delivery item by a third party, and inform the third party about the supplier’s right of reservation of title. The buyer shall bear all cost required to annul such a seizure and recover the delivery item, unless they can be collected from third parties.
6. During the period of the reservation of title, the buyer must keep the delivery item in proper condition. Maintenance servicing designated by the supplier and necessary reparations must be carried out immediately by the supplier or at a repair shop accepted by the supplier for servicing the delivery item.
7. In case the buyer is late in payment during the period of reservation of title, or does not fulfill his commitments considering the reservation of title, the supplier can retain the product and demand a compensation for the loss suffered based on non-compliance.
8. If there are special requirements or formal requirements regarding the efficacy of the reservation of title in the buyer’s country, the buyer shall bear all costs needed to fulfill these.
VI. Delivery, Delay in Delivery and Cancellation
1. Delivery dates and deadlines are appointed only approximately. They are complied with if the delivery item had left the factory before this date or a notification of its readiness for shipment was sent to the buyer. In case the buyer’s act (supplying of chassis, documentation) is needed for the manufacturing of the delivery item, the delivery period starts when the buyer fulfills these requests.
2. The buyer can prompt the supplier in writing 6 weeks after exceeding a non-binding delivery date or deadline to deliver up to an appropriate Deadline.
3. In case of force majeure or other unexpected obstructions such as commotion, operational disorder, strike, lock-out, interventions by the authorities, small delays in the delivery of chassis and other objects needed for the manufacturing of the delivery item, essential raw and auxiliary materials etc, the delivery date can be extended considering the obstruction and the new necessary production planning.
4. Partial deliveries are with the buyer’s consent permitted and can be invoiced separately.
5. In case the buyer cancels an order after the contract was signed, a cancellation penalty of 20% of the total value of the order has to be paid. In case the supplier has already begun working on the order when it is cancelled, a cancellation penalty of 35% to 50% of the total value of the order has to be paid by the buyer, depending on the volume of the order.
VII. Risk Transfer and Acceptance
1. The risk goes to the buyer after the product is handed over to the transporter. In case the product is ready for shipment and the delivery is delayed because of conditions not depending on the supplier, the supplier notifies the buyer that the product is ready for shipment and passes hereby the risk over to the buyer.
2. The buyer is bound to take over the product at the factory of the supplier as soon as possible. If the delivery item is shipped, it has to be taken over at the place of delivery immediately after it arrives. If the buyer is in delay of acceptance, the supplier charges a default interest according to paragraph IV 2.
VIII. Warranty
1. In case of new vehicles the supplier warrants for the accuracy of the delivery item in accordance with the current state of technology for 6 months after the passing of risk to the buyer. If used day and night the warranty is for 3 months. In case of used vehicles, the warranty period is 3 months.
2. The buyer may claim elimination of defects and consequent damage to other parts of the delivery item (rectification). The supplier decides if the rectification is reparation or change of the damaged part, if the failure appeared verifiably as a consequence of circumstances previous to the passing of the risk, as well as parts whose damage appeared due to this failure despite proper use. The supplier is decisive for the place of rectification (reparation or replacement). The buyer has to bring the delivery item to the place of rectification. Replaced parts will be the property of the supplier.
3. In case of failure of rectification (ex: impossibility, unreasonableness, unjustified refusal, excessive delay of the rectification) the buyer can claim reduction of payment instead of rectification. Replacement delivery is excluded.
4. Warranty claims are valid only if they were reported in writing to the supplier immediately as the failure is identified
5. Warranty claims are excluded if the maintenance and operation requirements of the supplier were neglected. If they are not attached to the delivery item, they must be immediately requested from the supplier. If operating instructions are not complied with or modifications are made to the product, warranty claims become inapplicable. If the damage is due to excessive stress on vehicles and trailers or due to driver failure due to excessive speed or poor road conditions, the warranty is void. Although locomotives are ATV, they are not suitable for off-road use.
6. Product liability is excluded. Warranty and product liability do not apply to reparation and selling of second-hand machines or second-hand parts.
IX. Liability and Compensation
1. The buyer’s compensation claims, regardless of the reason (such as LBJ failure, violation of contractual obligations, unauthorized acts, etc) are excluded, unless the supplier, his legal agent, assistant or employee has caused the damage deliberately or due to negligence.
2. In addition, in the case of damage or accident of any nature, the buyer is not entitled to loss of profits. Similarly, there is no demand for third party claims or simple economic loss. Also secondary damages are not entitled to compensation. All these rights are excluded.
X. Property Rights
1. The supplier reserves the property right and copyright for drawings, images and other documentation. These shall not be accessible to a third party without the written consent of the supplier, and must be returned on request.
2. If through the manufacturing of the delivery item drawings, samples or other data provided by the buyer are used that violate a third party’s copyright, the supplier is not liable for it.
3. The data of the customers are processed automatically for the processing of the contract and are forwarded to third parties in business relationship with STS. The customer hereby declares his consent to this.
XI. Place of Fulfillment and Jurisdiction
1. The place of fulfillment of the obligations from the contractual relationship is the registered place of the supplier.
2. Klagenfurt is the place of jurisdiction for any conflict arising from this contract, if this is signed with a tradesman and this contract is part of his trade.
3. The contractual relations are exclusively subordinate to the Austrian Right, unless otherwise agreed. Uniform laws relating to the international purchase of moveable objects and the conclusion of such purchases shall not apply.
XII. Final Provisions
1. In case regulations of this General Terms and Conditions become partially or totally not legally effective or loose their legal effectiveness afterwards, the validity of other terms and conditions will not be disturbed. In place of the ineffective or inapplicable provision, or in order to fill any gaps, the parties shall agree an appropriate provision which shall, as far as is legally possible, be as close as possible to the one which the contract parties would have wanted, if they had considered the matter when concluding this contract.
2. In case of discrepancies of interpretation the Austrian contract text prevails.
XIII. Data protection
1. Data protection
The protection of your personal data is very important to us. Therefore we process your data exclusively on the basis of the legal regulations (DSGVO, TKG 2003). In this privacy policy we inform you about the most important aspects of data processing within our Website.
2. Contact us
If you contact us via the form on the website or by e-mail, your data will be stored for the purpose of processing the request as well as in case of follow-up questions. We will not share this information without your consent.
3. Data storage
For the purpose of contract processing, the following data are also stored with us: name, address, date of birth, bank account.The data provided by you are required to fulfill the contract or to carry out pre-contractual measures. Without this data we can not conclude the contract with you. A transfer of data to third parties does not take place, with the exception of the transfer of the credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.After termination of the shopping process, the data stored with us will be deleted. In the case of a contract, all data from the contractual relationship are stored until the expiry of the tax retention period (7 years).The data name, address, purchased goods and date of purchase are also stored until the end of product liability (10 years). The data are processed in paper form and / or computer-aided, electronically.
4. Newsletter
You have the opportunity to subscribe to our newsletter via our website. For this we need your e-mail address and your declaration that you agree with the subscription to the newsletter.{If more information is collected:} To provide you with targeted information, we also collect and process information voluntarily about your area of interest, country, city, and postal code.Once you have subscribed to the newsletter, we will send you a confirmation email with a link to confirm the registration.You can cancel the subscription to the newsletter at any time. Please send your cancellation to the following e-mail address: info@funtrain.at We will immediately delete your data in connection with the newsletter dispatch.
5. Your rights
In principle, you have the rights to information, correction, deletion, restriction, data portability, revocation and opposition. If you believe that the processing of your data violates data protection law or if your data protection claims have otherwise been violated in a way, you can complain to the supervisory authority. In Austria, this is the data protection authority
