These terms and conditions of business are an integral part of every product and service we offer and every legal transaction made with us. Other agreements, especially contradictory oral arrangements, are only legally binding if we confirm them in writing. General business relationships, regardless of the type, that conflict with these terms and conditions of business shall be considered invalid and therefore do not form part of agreements made between the contract parties. If individual provisions in this contract prove to be legally invalid, the remaining provisions are not affected.
Our range of products and services is subject to confirmation. We reserve the right to make changes to products due to technical developments. All technical documents remain our intellectual property.
We accept telephone orders only at the risk of the contract partner and subject to our general terms and conditions of business. Direct orders from our contract partners become legally binding on receipt of our order confirmation or the delivery slip. Oral agreements, promises etc. including those of our representatives and other company employees require our written confirmation before they become legally effective. If this is not revoked in writing within a week, it is deemed to be agreed. Special requests and guarantees of special properties which vary from standard product properties must be agreed in writing.
Unless otherwise agreed in writing, prices are net prices ex works, not including packaging and not including discounts. They are guide prices unless a fixed price has been expressly agreed in writing. If material costs increase between the time the quote is issued and when the contract is signed, the prices increase accordingly, provided the granting of the order and provision of the service are more than two months apart. All services above and beyond the original subject of the contract must be paid for in accordance with the actual cost. Price reductions agreed only apply when all ordered goods are purchased.
Delivery is made at the contract partner‘s cost and risk. When the goods are handed over to the transport company, the price risk is transferred to the customer, even if delivery is made „free to destination“ or „free of charge“. The shipping location is the place of fulfilment. The contract partner is aware that a delivery route which can accommodate a heavy truck is required for delivery. If this requirement is not fulfilled by the specified delivery address, the contract partner must bear any resulting additional costs. The address of the contract partner is always the delivery address. If the contract partner requests another delivery address, we are entitled to invoice them for the additional costs (kilometre charge etc.). The contract partner undertakes to provide staff to unload the goods, for heavy or bulky products in particular. The contract partner must store the goods separately from the goods of other vendors and label them as our goods. The delivery periods are subject to correct and punctual delivery by our suppliers. Delivery dates are never binding unless a fixed date is expressly agreed. They begin on receipt of our order confirmation or on the day of agreement by our sales staff, but never before clarification of all implementation details. If no other agreements are made, delivery periods apply from the shipping location. Even if fixed dates are agreed, they are only effective if all implementation details are clarified in good time. If the contract partner does not inform us in good time, they are responsible for resulting delays in delivery and we are freed from any claims for liability. If a change to an agreement is agreed retrospectively, we are entitled to set a new delivery date. The goods shall be considered to be delivered on time even if they are not called immediately after we report shipping readiness on the delivery date. If this occurs, we are entitled to store the goods at the cost of the customer. We are not liable for delivery delays that are not due to our fault or slight negligence. In this case, the contract party waives the right to withdraw from the purchase and from asserting claims to damages. The contract partner is liable for delays in the provision of the service caused by themselves and must bear all resulting additional costs. These costs can be invoiced separately. Labour disputes or unforeseen events, such as mandatory measures, traffic impediments, etc., release us from our obligation to deliver for the duration of their effect, or entirely, if delivery becomes impossible.
All shipping costs must be borne by the contract partner, unless other agreements are made.
The contract partner bears the costs resulting from transport damage due to force majeure and other risks excluded from the indemnity insurance of the shipping company. The contract partner is obliged to check the condition of goods with the delivery company on receipt. The contract partner must indicate written reservation on the delivery slip or shipping document for all externally visible losses or damage (where applicable, railway department statement of condition) and have the delivery company confirm this by signing. Losses or damage not visible externally must be reported to the delivery company and us in writing without delay. This report must reach us within seven days of the acceptance of the delivered goods. Otherwise, all claims for compensation are void. If the contract partner fails to fulfil these conditions, they must make any claims for compensation directly to the delivery company. If this is the case, we cede our claims from the shipping or transport contract to the contract partner if requested. If the case for indicating transport damage is valid, the contract partner must report the damage in writing immediately upon receipt of the goods, otherwise claims for compensation are lost. Claims against third parties resulting from this damage must be ceded to us on request. If we are no longer able to claim compensation from the delivery company because the contract partner reports the damage late, or if the claims are void as a result of the statute of limitations, we are released from any liability for compensation to the contract partner.
The contract partner or recipient of the goods is obliged to examine the goods without delay on delivery and to report all visible faults or transport damage to the sender immediately. Concealed and therefore undetected faults and/or transport damage must be reported to the sender in writing 4 working days after delivery at the latest. If the abovementioned periods and conditions for complaint or reporting transport damage are not met, the warranty to the contract partner is void. If a fault occurs at a later time, but obviously before the agreed warranty period expires, the contract partner must report it in writing immediately after its discovery, but within a week at the latest, and stop any processing immediately. If no report is sent within the period set, the goods shall be considered approved. In contrast to the legal regulations, it is hereby agreed that the warranty period shall expire within two years of the date of the invoice issued by TiSUN® GmbH. In addition to the legal warranty, for collectors (FA, FI and FM) we offer a functional warranty for ten years from the date of the invoice issued by TiSUN® GmbH, and for all tanks (BE-SSP, BESSPK, FS, PC, PSN, PH, BE), we shall replace materials that demonstrably fail to meet one of the requirements of the standard EN 12975 at no charge, within five years of the date of the invoice issued by TiSUN® GmbH. We are not liable, however, for damage caused by mechanical stress and/or changes caused by weather-related influences (e.g. broken glass for collectors). Minor variations in colour and/or damage to the surface that have no effect on the function of the collector are also not covered by the warranty. The warranty excludes damage caused by force majeure and malfunctions due to improper assembly and/or product installation. We are not liable for any follow-on costs resulting from defects. In order for TiSUN® GmbH to be liable, the product must be installed in accordance with the valid installation instructions,
TiSUN® GmbH will not accept liability for static professional implementation of the base and the on-site frame. No changes may be made to the subject of complaint without our express written approval, or the warranty claims become void. Objects are warranted at our discretion by repair or replacement of the subject of complaint. Replaced parts and products become our property. There is no entitlement to conversion or price reduction, unless we are unable to rectify the fault within a suitable period. Any labour costs associated with replacing the goods and the costs of finding the fault must be borne by the contract partner. We do not accept liability for production and material-related variations in colours. If our products are installed in other systems, they must comply with the technical standards in our product descriptions and operating instructions or the warranty becomes void. Damage resulting from improper treatment by the contract partner or their assistants is excluded from the warranty. The right of recourse in accordance with § 933b ABGB (Austrian civil code) between the parties to the contract is excluded.
We do not accept liability for the correctness of data on handling, operating or running contained in brochures, technical descriptions or other manuals of the manufacturers. Resulting damage is the liability of the manufacturer or importer and all claims must be made to them. In such cases, we undertake to cede any claims for compensation resulting from the contractual relationship with the importer or manufacturer to the contract partner on request. The contract partner waives the right to claim compensation for follow-on damage for which we are liable, and to claim for lost profit, if we are not responsible for either intentional or grossly negligent action.
Returns of delivered goods which are non-defective are only accepted in special cases and after prior written approval by us. Custom-manufactured parts or special orders cannot be accepted under any circumstances. Goods no longer in their original packaging or damaged goods are also not accepted. The returns must be sent shipping paid at the risk and costs of the contract partner to our warehouse in Söll. Credit for returned goods in perfect condition will be calculated based on the invoice amount and the remaining value of the goods minus handling fees of 15% of the net value of the goods. When returning to a supplier, the customer must also bear the transport costs incurred, whereby the transport is at his own risk.
If no other agreements were made, all payments must be made immediately. The full amount must be paid by credit transfer, including all transaction fees. If a discount is granted, all previous invoices must be paid to entitle the customer to deduct the discount amount. Cheques and bills of exchange will only be accepted if agreed separately and only as payment, not instead of performance. All recovery and discount charges are payable by the contract partner. Payments must be made relieving debt only to the account specified in the order confirmation or invoice or to a person with the authority to collect. Sales tax on the entire price must be paid in full after billing unless other terms and conditions of payment were agreed correcting the purchase price.
If the credit period is exceeded, if payment is received late or if deadlines are not met, late charges in the amount of 5% above the rate set by the Austrian National Bank will be levied. We reserve the right to claim additional damages. If the contract partner makes a late payment, we are entitled to demand immediate payment of all unmade payments, even if there has been a prior deferral. Furthermore, we are entitled to demand advance payment and sureties for remaining deliveries, without affecting other rights. All dunning and collecting charges incurred, as well as legal costs, must be paid by the contract partner. They agree that incoming partial payments will first be used for costs and dunning fees, then interest and other additional fees, and finally for the purchase price.
13.1 All goods delivered, installed or otherwise transferred remain our property until the entire purchase price has been paid. The retained title is a surety for our payment balance requests for running invoices.
13.2 If goods subject to retention of title are processed by the contract partner with other goods which do not belong to us, title is not lost. Instead, the new item becomes joint property, to a value in proportion to the value relationship of the processed goods at the time of processing.
13.3 If the goods under retention of title are sold on, the contract partner cedes the resulting claims from the customer(s) to the amount of the value of the sold goods under retention of title as surety. Until revoked at any time, the contract partner is entitled to collect amounts due ceded to us as surety. However, they may not cede these to third parties. At our behest, they are obliged to inform the customer of the cession, and that they can only clear their debts by paying us.
13.4 The agreed cession of payments does not release the contract partner from full payment of our claims.
13.5 The contract partner is obliged to inform us immediately of seizure of goods under retention of title.
Place of performance for both parties is the headquarters of our company. For all legal disputes arising from this contract, the sole competent court is the district court of Kufstein, regardless of the amount in dispute in accordance with § 104 JN (Austrian Code of Judicial Organisation) or item 17 of the 1968 convention (EuGVÜ) or Lugano convention (LGVÜ). This also applies to cases for bills of exchange and cheques.
The contract parties agree that only Austrian law will be applicable for all legal matters related to the contractual relationship, including the matter of the existence of the contract. The application of the provisions of the United Nations convention on contracts on international purchasing is excluded on mutual agreement.
The contract partner agrees that we shall store and process their data electronically where necessary for business, and in accordance with the data protection law.
Subject to technical changes! Setting and printing errors are reserved! Figures and illustrations used. Prices excluding value-added tax. Prices subject to change (prices without indication of quantity are prices per piece).
Photos: TiSUN® GmbH, Thomas Kirschner
The Supplier shall be committed to take out sufficient product liability insurance and to maintain cover. On demand, he must provide proof that possible third party claims for product liability due to faults in the delivered items are covered by this product liability insurance. The Supplier shall indemnify us from product liability arising from faults for which he is responsible to the extent to which he would also be directly liable.
The Supplier shall be liable for ensuring that no patents or other third party industrial property rights, both inland and abroad, are violated by his delivery and its usage. He shall indemnify us and our customers from all claims arising from the use of such property rights.
War, civil war, export restrictions or trading restrictions due to changes in political relations, as well as industrial disputes, lock-outs, operational disruptions, operational restrictions and events making the fulfilment of the contract impossible or unreasonable for us are Acts of God and release us from the obligation to timely acceptance as long as they exist. The contract partners are committed to inform one another about this and to adjust their obligations according to the changed circumstances, in good faith. The Supplier is obliged to inform us immediately about all circumstances that make it impossible for him to keep to the delivery date.
In case of a significant deterioration of the Supplier’s economic or financial circumstances, particularly in the event that equalisation or insolvency proceedings are opened for his assets, we shall be entitled to withdraw from the contract if processing of the contract appears to be at risk because of the aforementioned circumstances. Accepting part deliveries and part services after one of the aforementioned circumstances arises does not prejudice the right to terminate the contract for the rest.
For all legal disputes arising from this contract, the sole competent court is the district court of Kufstein, regardless of the amount in dispute in accordance with § 104 JN (Austrian Code of Judicial Organisation) or item 17 of the 1968 convention (EuGVÜ) or the Lugano convention (LGVÜ). Austrian law applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
If individual terms or provisions of the contract should be or become ineffective, the other provisions and the contract as a whole are not affected by this.
Version 02/2009 - © TiSUN GmbH