Allgemeine Geschäftsbedingungen (AGB)
der HA-CO GmbH
General Terms and Conditions (GTC) of HA-CO GmbH
Scope of application
For business transactions regardless of the type of order (mail, telephone, online, etc.) between the purchaser hereinafter referred to as customer or clientele and HA-CO GmbH apply exclusively the General Terms and Conditions (GTC). These are published only in German. General terms and conditions of purchase or other terms and conditions of the customer do not become part of the contract, even if they are referred to in other documents or are not expressly excluded.
These terms and conditions are binding for all present and future business transactions, even if not specifically referred to, unless the confirmation of HA-CO GmbH or a written agreement between the parties expressly deviates. HA-CO GmbH may also refer to verbal agreements, orders and delivery schedules.
HA-CO GmbH reserves the right to change these terms and conditions at any time. The version valid at the time of the order, which is published on the homepage, is decisive.
Product and price
All catalogs and offers of HA-CO GmbH are subject to change and non-binding. Pictures of products are for illustrative purposes and are also non-binding. All rights to the objects made available to the customer by HA-CO GmbH (drawings, illustrations, calculations, descriptions, models, documents, information and aids) remain with HA-CO GmbH. The customer is obligated to maintain secrecy with regard to HA-CO GmbH's manufacturing and business secrets and any items entrusted to him and neither to exploit them without authorization nor to make them accessible to third parties and to return them to HA-CO GmbH upon HA-CO GmbH's first request.
Dimensions, weights, technical specifications, illustrations and descriptions as well as delivery times and dates are only binding if they have been agreed as such; otherwise they are considered to be merely indicative.
All sales prices published in the online store are indicative prices. Explicitly excluded are: Quantity discounts, currently valid VAT of the respective country of sale, possible prepaid recycling fees (vRG), costs for packaging/s, delivery costs and all other possible levies, fees or costs.
For orders below 50 EURO a minimum quantity surcharge will be applied. This is the difference up to the amount of the surcharge. HA-CO GmbH reserves the right to change the prices of the offered products and services at any time. Decisive for the conclusion of the sales contract is the price, which is sent to the customer by the order confirmation (AB) following the order.
Availability and delivery time
HA-CO GmbH attaches great importance to indicate availability and delivery times in the online store up-to-date and accurate.
However, especially due to production or delivery bottlenecks, there may be delays in delivery. All information on availability and delivery time are therefore without guarantee and may change at any time.
As far as a delivery period or a delivery date is agreed upon as binding, the customer has to set a reasonable grace period in case of delay. Even if HA-CO GmbH does not deliver within the grace period, the customer cannot claim damages for untimely delivery beyond the delivery claim.
Supplementary services: Assembly, disposal and training
The assembly includes the delivery, unpacking and assembly of the ordered products including disposal of the necessary packaging material.
Any disposal of customer material includes the receipt and environmentally friendly disposal of the products indicated by the customer when placing the order. The costs will be notified in advance to the customer according to his information. Possible changes are reserved.
If the installation service cannot be provided due to a reason for which the customer is responsible (e.g. due to non-compliance with the installation date, incorrect measurement information, etc.), the customer shall not be entitled to a refund of the installation service paid.
Installation, commissioning, training and user support will be provided by HA-CO GmbH at the request of the customer if possible and are not included in the price. These will be remunerated separately according to the usual rates of HA-CO GmbH.
Conclusion of contract
The contract is only concluded for products or services of HA-CO GmbH when the AB has been accepted by the customer.
Orders are binding for HA-CO GmbH only after written confirmation. The confirmation is considered approved by the customer if he does not object to it within 2 working days after receipt.
In the case of online orders, a confirmation email is automatically sent to the customer in which only the assurance is given that the product can be delivered. The following AB contains the effective costs (product and delivery costs) and is considered as a sales contract.
Delivery / Collection
Deliveries (partial deliveries are allowed) are ex works Traun (INCOTERMS 2020). This also applies if HA-CO GmbH organizes and/or pays for the transport. The interpretation of the terms of delivery is based on INCOTERMS 2020, unless otherwise provided for in these GTC.
The cost of shipping depends on the ordered product and will be communicated to the customer in the AB. It is based on market prices.
The delivery must also be easily accessible by truck. If this is not the case, the customer bears the possible additional costs, which are raised by the forwarding agent.
The customer has the possibility to pick up the goods on site in our factory. He must note this in advance in the order.
For compliance with the delivery period or delivery date, it is relevant when the delivery item has left the factory or the readiness for shipment has been communicated. Packaging will be charged additionally at cost price and will not be taken back.
Subsequent changes in the conditions of the delivery, not or not timely fulfillment of contractual obligations by the customer, unforeseen events beyond the control of HA-CO GmbH, e.g. operational disruptions, strike, lockout - in its own plant or at the subcontractor - extend the delivery time appropriately, even if they occur during a delay in delivery.
The customer has to inform HA-CO GmbH in time about special conditions and regulations at the place of destination (e.g. safety regulations, customs formalities, import requirements, re-export bans etc.) as far as they are of importance for the execution of the order and the delivery.
Inspection by customer
The customer is obliged to carry out the necessary inspections immediately after receipt of the goods and to give notice of any defects in writing within 2 days. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.
The product is not to be used during the complaint period and must be kept in its original packaging. During this time the product remains the property of HA-CO GmbH.
Payments are to be made within 30 days after date of invoice net or if otherwise noted on the AB. For larger orders or longer manufacturing time HA-CO GmbH may require a deposit with the confirmation.
Cash payments are only possible on collection and only after written notice on the AB.
HA-CO GmbH retains ownership of the delivered goods until all claims against the customer from the current business relationship have been settled.
In the case of new customers, default of payment or indications of a deterioration of the customer's solvency or insolvency, HA-CO GmbH is entitled to invoice the total price including estimated transport and other ancillary costs before the start of the execution of the order and delivery and to make the acceptance and execution of the order dependent on a security or advance payment.
In the event of late payment, interest on arrears of 8% shall be owed from the invoice date, subject to the assertion of further damages. The withholding of payments or the set-off with possible counterclaims of the customer against HA-CO GmbH is not permitted.
HA-CO GmbH charges a handling fee of EUR 25.- for the 2nd reminder and a handling fee of EUR 50.- for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional annual percentage rate of up to 20% on the invoice amount owed from the due date can be charged. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
Change of order / cancellation
Changes to an order by the customer can only be accepted after confirmation by HA-CO GmbH. Any additional costs will be charged to the customer.
Cancellations on the part of the customer are only possible under reservation and prior contact. If HA-CO GmbH has already ordered material from its suppliers and cannot return them, a cancellation by the customer is void and the customer must accept the ordered goods. If a cancellation results in costs for HA-CO GmbH itself, these costs have to be paid by the customer.
Return of products
A return of ordered products is only possible after prior approval by HA-CO GmbH. Custom-made products and special solutions cannot be returned. The products are to be packed completely in the original packaging professionally. Products damaged by the customer will not be taken back or will be charged to the customer in full. All return costs shall be borne by the customer.
If the customer makes use of his right of return, the entire purchase price will be refunded minus any shortage surcharge paid, the shipping and packaging costs.
HA-CO GmbH warrants that the specifications expressly promised in the confirmation will be complied with and generally that the orders will be executed with the care customary in the industry. The warranty period (factory warranty) is 24 months calculated from the date of delivery, unless a longer period is agreed.
Excluded from the warranty are defects and malfunctions for which HA-CO GmbH is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive and improper use, unsuitable operating materials or extreme environmental conditions, non-compliance with assembly, operating and maintenance instructions, etc. The customer must first notify HA-CO GmbH of any defect.
In the event of any defect, the customer shall initially only have the right to demand that HA-CO GmbH rectify the defect or replace it with defect-free goods, whereby HA-CO GmbH shall have the right to choose. HA-CO GmbH shall provide this service at its discretion either on its premises or at the customer's premises, who shall grant HA-CO GmbH free access. Any additional costs, such as transport costs, travel and accommodation expenses, costs for dismantling, assembly and repair of defect-free parts, etc., shall be borne by the customer.
If HA-CO GmbH does not remedy the defect within a reasonable period of time, the customer is entitled to demand a reduction in price or cancellation of the order, depending on the severity of the defect. In this case HA-CO GmbH pays the customer the appropriate part of the price for the goods, or the entire contract price step by step against
Liability and exclusion of liability
HA-CO GmbH is only liable for damages of the customer which are directly related to the violation of contractual obligations and which have been caused by HA-CO GmbH itself intentionally or by gross negligence. Liability for slight negligence on the part of HA-CO GmbH or for actions of auxiliary persons commissioned by HA-CO GmbH is excluded to the extent permitted by law.
In no case HA-CO GmbH is liable for direct or indirect consequential damages, damages to third parties or loss of profit (e.g. as a result of failed sales or interruption of operations). HA-CO GmbH assumes further liability only within the scope and in accordance with the product liability insurance taken out by HA-CO GmbH, if and to the extent that coverage is provided.
The exclusion or limitation of liability of HA-CO GmbH this also applies to the personal liability of their employees, workers, employees, representatives and agents.
The customer is obliged not to remove the labels on the products regarding the exclusion of liability and to leave them visible if technically possible, to pass on the instructions for use and not to assume any further warranties and liabilities towards his customers than according to these GTC. Otherwise he has to indemnify HA-CO GmbH completely for any resulting damage.
The subject of data protection is dealt with in a separate document, which can be found on the homepage of HA-CO GmbH. Any further conditions, such as "explanations to the webshop" etc. are explicitly placed after this document and apply in sequential order.
Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of these terms and conditions and the rest of the contract.
All legal relations between HA-CO GmbH and the customer shall be governed by Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) and the rules on private international law.
The place of jurisdiction is at the registered office of HA-CO GmbH in Traun.
Issued December 2020