GTC
General Terms and Conditions of Sale and Delivery (GTC)
C.I.C.M.P. Vertriebs-GmbH (Status: October 2024)
1. General
Our GCSD apply to all purchase contracts with entrepreneurs in the version valid at the time of conclusion of the contract, unless their validity is excluded or restricted in individual cases by an express written agreement. Any other terms and conditions of the Buyer shall only be binding on us if we expressly recognise them in writing.
2. Conclusion of contract
Our offers are non-binding and subject to change. The information contained in catalogues, brochures and the like shall only be authoritative if express reference is made to them in the order confirmation; otherwise such information shall be deemed to be an invitation to the Buyer to submit an offer or place an order. The buyer is bound to his order for 14 days.
Contracts are concluded with our written order confirmation or at the latest with delivery and acceptance of the goods.
Our employees or representatives are not authorised to accept payments or to accept or make legal declarations, such as in particular to amend the GTSD, to conclude settlements or to grant discounts.
3. Conclusion of contract via our webshop at www.cicmp.at
The presentation of goods in our webshop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the buyer to order goods. The buyer submits a binding contractual offer by successfully completing the order procedure provided in our webshop and submitting a binding order by clicking the ‘Order with obligation to pay’ button.
Before submitting the binding order, the buyer can return to the website on which his details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the ‘Back’ button of the Internet browser.
We confirm receipt of the order immediately by means of an automatically generated e-mail (‘confirmation of receipt’).
After receipt of the order, we will send the buyer the order data and our GTC by e-mail. You can also view the GTC at any time at www.cicmp.at. For security reasons, your order details are no longer accessible via the Internet, but are stored electronically by us. If the buyer has created a customer account, he can view his order data online at any time.
The purchase contract is concluded with the transmission of an order confirmation, but at the latest with the dispatch of the ordered goods.
4. Place of fulfilment, transfer of risk
The place of fulfilment is the registered office of C.I.C.M.P. Vertriebs-GmbH.
In the case of dispatch to the buyer, the risk of accidental loss and accidental deterioration shall pass to the buyer upon notification of our readiness for dispatch and delivery. Readiness for delivery is declared in particular by sending the invoice.
The buyer is free to choose the mode of dispatch. Any additional costs caused by a special transport request shall be borne by the buyer.
If we are unable to fulfil the contract for unforeseeable reasons, all obligations shall be cancelled.
5. Delivery
We are authorised to make partial deliveries.
The delivery dates are subject to change. However, we will endeavour to meet the stated delivery dates punctually. The delivery period may be extended in the event of unforeseen circumstances or circumstances beyond the control of the parties, such as force majeure, transport delays, strikes, official measures, etc. A delivery date shall be deemed to have been met if we dispatch the goods on the last day of the delivery period or, if dispatch cannot take place for a reason for which we are not responsible, if we indicate our readiness for delivery on this day.
Should we be in default, the buyer shall be entitled to continue to demand fulfilment or to withdraw from the contract by setting a reasonable grace period of at least 4 weeks.
6. Prices, payment
The place of fulfilment for the buyer's payments shall be the registered office of C.I.C.M.P. Vertriebs-GmbH. The prices quoted are in EURO and include statutory VAT and other price components. Packaging costs, any shipping costs and customs or other import duties shall be added.
The amount shown on the invoice is due immediately. The invoice amount is to be paid either within 10 days with a 2% discount or within 30 days net, in each case calculated from the date of receipt of the invoice, without further deduction and free of postage and charges. Bills of exchange and cheques shall only be accepted, if at all, on account of payment; all associated charges and discount interest shall be borne by the Buyer.
If significant factors in the price calculation change due to circumstances beyond our control (personnel, freight or credit costs, taxes, fees, other public charges, etc.) between order confirmation and provision or delivery of the goods, we shall be entitled to increase even bindingly agreed prices in accordance with the additional burden.
7. Default
Payment shall be deemed to have been made on time if we receive it by the last day of the payment period at the latest. In the event of default, the buyer shall pay default interest at a rate of 9.2 percentage points p.a. as well as collection costs. We are entitled to demand a lump sum of EUR 40.00 for collection costs. Any additional collection costs incurred by us or by a lawyer appointed by us shall be reimbursed insofar as they are necessary for appropriate legal action.
If the buyer is in default with a (partial) performance (default of acceptance or payment), we shall be entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for delay in the event of culpable delay. We reserve the right to claim further damages. If the contract is upheld, we may withhold further deliveries or services until all the buyer's obligations have been met in full.
In the event that insolvency or composition proceedings are instituted against the Buyer's assets, or if insolvency proceedings are dismissed for lack of assets to cover the costs, we shall be entitled to refuse performance until the Buyer's counter-performance has been effected or secured. The same shall apply if the consideration is jeopardized by poor financial circumstances of the buyer.
8. Right of set-off, right of retention
The right to offset against our claims is excluded. The buyer has no right of retention.
9. Reservation of title
Until full payment of the purchase price and all associated costs and expenses, the delivered goods, which the buyer must store carefully, remain our property.
The use of the goods subject to retention of title in the ordinary course of the Buyer's business shall not be prevented by the retention of title, but shall be prohibited in the event of the circumstances specified in point 7, of which we must be informed immediately by registered letter.
Any transfer of the goods to third parties while the retention of title is in force is expressly prohibited. This shall not apply to goods intended for resale. In this case, the buyer is entitled to resell the goods subject to retention of title. However, this is only permissible if the purchaser has notified us in writing of the name or company name and business address of the third party in good time beforehand. In the event of resale, the purchase price claim shall already now be deemed assigned to us and we shall be entitled to inform the third party of this assignment ourselves or to demand that the buyer informs the third party that his claims have been assigned to us and that payments in the amount of the assigned amount can only be made to us with debt-discharging effect. The proceeds from the resale must be kept separate from the buyer's assets.
If the Buyer is in default of payment, even in part, we shall be entitled to collect the goods subject to retention of title at the Buyer's expense, even without the Buyer's consent.
If the goods subject to retention of title are seized or confiscated from the buyer, the buyer must inform us immediately in writing.
Furthermore, the Buyer shall notify us immediately upon request of any legal or economic change to the goods subject to retention of title (sale, processing, etc.), stating the exact data.
10. Warranty
The warranty period for new goods is 6 months; the warranty for used goods is excluded. The choice of warranty remedy is at our discretion.
The buyer is obliged to inspect the goods in the ordinary course of business after delivery or upon receipt for any defects. He must notify us in writing immediately, but at the latest within 8 days of delivery, of any defects discovered or defects which he should have discovered, otherwise he can no longer assert claims for warranty, compensation for damages due to the defect itself or due to error regarding the freedom from defects of the item. If such a defect becomes apparent later, the buyer is also obliged to notify us of this in writing immediately, but within 8 days at the latest, otherwise he will lose the aforementioned claims. Sections 377, 378 UGB apply.
The warranty does not apply to damage resulting from improper or unsuitable use, incorrect or negligent handling (storage, etc.).
The statutory reversal of the burden of proof for the defectiveness of the goods upon delivery according to § 924 ABGB and the right of recourse according to § 933b ABGB are excluded.
Defects in part of the delivery do not entitle the buyer to complain about the entire delivery. Rejected goods may only be returned with our approval and at the buyer's expense. The necessary costs of improvement or replacement, such as installation and removal costs and shipping costs, shall be borne by the buyer.
11. Compensation for damages, liability
If we are liable for damages, we are only liable for intent and gross negligence. Any further liability is excluded.
We are expressly not liable for damage due to slight negligence; this also applies to damage to items accepted for processing. This does not apply to personal injury.
In particular, we are not liable for indirect damages and loss of profit.
We accept no liability for the topicality, accuracy, completeness and content of the information provided.
We accept no liability for late delivery resulting from circumstances beyond our control.
Any right of recourse to which the purchaser is entitled under the provisions of the Product Liability Act is excluded.
The injured party must prove the existence of gross negligence.
12. Shortening by more than half
The right to contest the contract due to a reduction of more than half in accordance with § 934 ABGB (laesio enormis) is excluded.
13. Written form requirement
Deviations of any kind, in particular amendments and supplements to these GTCSD, as well as verbal collateral agreements and subsequent amendments to the contract shall only be valid if they have been agreed in writing. This shall also apply to any waiver of the written form requirement.
14. Contract language
The contract language is exclusively German.
15. Choice of law, place of jurisdiction
Austrian law shall apply exclusively, excluding the conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for any disputes arising from the business relationship shall be the competent court in Linz.
16. Severability clause
Should a provision in these GTCSD be or become invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic and legal intent of the provision to be replaced.
