of Büsscher & Hoffmann GmbH
(valid as of 26.4.2016)
1.1. These General Terms and Conditions (T&Cs) apply without restriction to all legal transactions by Büsscher & Hoffmann GmbH (hereinafter ‘B&H’). When placing an order/job the customer expressly acknowledges these T&Cs as part of the contract. The version in force at the time of entering into the contract applies. The T&Cs apply for the entire duration of the business relationship between the customer and B&H.1.2. Contradictory provisions (in particular Terms and Conditions) of the customer are invalid unless expressly acknowledged in writing by B&H. Performance is not regarded as consent to conditions deviating from these T&Cs either.
1.3. B&H reserves the right to amend these T&Cs at any time without stating the reasons. Amendments to these T&Cs are also regarded as approved for existing contracts if the customer fails to object within one month of receipt of the amended T&Cs. The amended T&Cs may be transmitted electronically (for example by email). B&H shall point out to the customer in the message regarding the amended T&Cs its right to object and its significance.
2.1. Any information and quotes by B&H are invariably non-binding. B&H accepts no liability for the availability or ability to deliver of the products quoted and ordered.2.2. Orders may be passed either electronically or, as may apply, in writing (for example email, fax) to B&H. Orders are not regarded as having arrived until B&H has exclusive control over them.
2.3. The customer’s order represents an offer until the contract for the sale of goods is entered into. Notification of receipt of the order is not regarded as acceptance of the order. The contract for the sale of goods is not regarded as legally binding until the ordered goods are shipped (entering into the contract).
2.4. Where materials are sold subject to statutory and official provisions, the customer confirms at the time of ordering that it has the required statutory and official approvals for purchasing these products. Entitlement to purchase is to be evidenced to B&H on request. B&H is to be notified without delay of any changes to the customer’s entitlement to purchase.
3.1. Unless otherwise agreed in writing, the prices according to the price list at the time of ordering apply. All previous prices cease to be valid on publication of this price list. The prices listed in this price list do not include VAT, are non-cartel prices, and are not binding for resale. Deliveries are FCA Enns, Austria (INCOTERMS 2010). The customer is not entitled to offset counterclaims with the invoice amount.3.2. Invoices are payable in advance with a 2% discount, or within 30 days as of receipt of invoice net without discount. However, agreed discounts are only then granted if there are no overdue receivables and no bills of exchange receivable. Regardless of further claims, normal bank interest, however at least 8% above the basic rate of interest, is charged in the event of payment arrears. Incoming payments are credited to the earliest respective receivable.
3.3. B&H reserves the right to exchange cheques and bills of exchange. B&H is entitled to refuse to accept cheques if there is justified doubt about them being covered. Acceptance only ever occurs on account of payment. Expenses for discounts and recovery, and all other costs are borne by the customer.
3.4. Where the customer does not raise an objection within four weeks of receipt of the invoice, the invoice is regarded as accepted.
3.5. Complaints by the customer about invoices, for whatever reasons, do not release it from its obligation to pay in full the provisional invoice submitted in time. The only exceptions are cases of obvious errors. In such an event, the customer is to inform B&H of the reduction of the invoice amount accordingly.
3.6. The customer is not entitled to offset counterclaims of any nature with claims by B&H unless these counterclaims are established by the courts or expressly acknowledged by B&H.
4.1. Shipment is on the account and at the risk of the customer unless otherwise agreed or provided for in accordance with the price list. B&H is entitled to undertake partial deliveries. The customer is obliged to accept them.
4.2. The method of shipment is as selected by B&H. Where the customer opts for a different shipment than selected by B&H, the additional costs are borne by the customer. Risk is transferred to the customer when the goods pass to the carrier (post, rail, haulier etc.).
4.3. For delivery in line with the customer’s wishes, it is to provide and advise of a suitable place of unloading. The customer is liable for the suitability of the place of unloading.
4.4. Transport containers and other rental packaging remain the property of B&H. They are to be handled with care and returned without delay. They are only to be used for transporting goods to and from B&H. Unreturned and/or damaged shipment containers may be invoiced. Third-party packaging and waste will not be taken back.
4.5. B&H is under no circumstances liable for delays in delivery due to unforeseen events beyond its control such as, in particular, cases of force majeure, inclement weather, floods, fire and strikes.
5.1. The delivered goods remain the property of B&H until the customer has complied in full with its performance under this contract (retention of title).
5.2. The customer is to safeguard the goods delivered by B&H until title is transferred to it with the care of a proper merchant for B&H and insure them at its own costs against fire, water damage and theft. It is nevertheless entitled to process, combine, mix and/or further dispose of, provided there is no payment in cash, likewise subject to retention of title. Where the customer disposes of the goods subject to retention on credit, the resulting purchase price claims are regarded as assigned to B&H when they arise, without requiring a specific declaration of assignment. The claim is assigned with all ancillary rights, and for the amount and value of the B&H delivery. This also applies accordingly when processing and handling the goods delivered by B&H as well as when combining and mixing. Where B&H goods or items manufactured from them become significant components of the land or site belonging to a third party, the customer assigns its claims acquired for them, which are also able to cover its remaining performance, with all ancillary rights to B&H, namely for the amount and value of the B&H delivery.
5.3. The customer is entitled to collect the claim from its debtor until this is prohibited by B&H due to its payment arrears or financial difficulties. In this event the customer is to notify its debtors of the assignment, provide B&H with the information required to assert B&H’s rights against the customer’s debtors, and hand over to B&H the documents required for this. In such cases the customer shall provide B&H with a declaration of assignment and confirmation of its retention of title in respect of third parties, in particular for every individual claim.
5.4. The customer may neither pledge nor transfer as security the goods subject to retention of title. With any pledges or other use by third parties, the customer is bound to make express reference to B&H’s retention of title and notify B&H without delay. In the event of deliveries under an ongoing account, retention of title serves to secure B&H’s balance claim.
6.1. The customer is to inspect the delivered goods without delay and notify B&H in writing, with reasons, of any complaints about quantities and quality immediately on delivery, and no later than within 8 days of receipt. Latent defects are to be reported in writing, with the reasons, immediately on discovery. The delivery note number is always to be stated in the notification of defect.
6.2. Where the customer fails to report the defect (in good time), the goods are regarded as approved without defect. Subsequent notifications of defect are ruled out. A defect not reported in good time results in warranty claims being lost. The warranty period is for 6 months and commences with the transfer of risk if the customer is able to evidence a claim.
6.3. In the event of a justified notification of defect, B&H has the choice of either issuing a credit note for the goods in question or making a replacement delivery. Warranty claims by the customer beyond this are ruled out.
6.4. In particular, there is no entitlement to a warranty claim in the event of defects and/or damage due to unsuitable or improper storage, use, natural wear, or incorrect or negligent handling or storage of the goods by the customer.
6.5. Claims regarding promised delivery times cannot be asserted.
7.1. B&H’s liability is limited to losses caused by wilful intent or gross negligence, where the existence of qualified blame is to be evidenced by the customer. Liability for loss of profit and consequential losses is ruled out in any event.
7.2. In accordance with the Austrian Product Liability Act (Austrian Federal Gazette 99/1988), B&H is liable for all injuries. B&H is only liable for material damage if it affects a consumer. Where products purchased from B&H are resold, the customer is obliged to impose this warranty exemption for material damage in the commercial area on every further purchaser.
7.3. Where possible under the law, compensation is ruled out. In the event of other limitation periods, any claims for compensation are to be asserted via the courts in any event within six months of becoming aware of the loss and party responsible.
8.1. Point 6 does not apply for consumers. Defects are to be reported within the statutory warranty period. In the event of hire purchase, Article 23 of the Consumer Protection Act also applies.
8.2. Point 11.2 does not apply if the consumer has their domicile or usual place of residence in Austria or is employed in Austria. Jurisdiction lies with the courts for the administrative district for the consumer’s place of residence, domicile or place of employment.
9.1. The customer agrees expressly to B&H processing the following data by computer for the purposes of invoicing:
➢ Name (company designation),
➢ Telephone number,
➢ Order, job and invoice date,
➢ Payment and delivery terms,
9.2. This data is used by B&H within the terms of the statutory provisions. All B&H staff are bound to maintain data secrecy.
9.3. The customer is entitled to revoke its consent to the data processing set out under Point 9.1 at any time.
B&H complies with the duty to fully disclose product data by publishing the technical details on its home page under www.bueho.com. The customer may also request the accompanying technical documents directly from B&H.
EC documents (Construction Product Regulation):
The declarations of performance for our CE-marked products in accordance with Regulation (EU) 305/2011 are published via our home page www.bueho.com. The version of the valid declaration of performance is stated on the label. A printout of the declaration of performance will be provided where requested by the purchaser.
11.1. The place of performance and payment is B&H’s Registered Office, as such 4470 Enns.
11.2. Sole jurisdiction for all disputes under this contract lies with the competent Court for B&H’s Head Office. B&H nevertheless reserves the right to also assert claims in the competent jurisdiction for the customer.
11.3. The contractual relationships are subject to Austrian Law to the exclusion of the United Nations Convention for the International Sale of Goods as well as domestic and international regulations for the conflict of laws.
Individual provisions of these T&Cs being or becoming invalid does not affect the validity of the remaining ones and the agreements entered into based thereon. Invalid provisions are to be replaced with legally valid ones in accordance with the sense and purpose of these conditions and whose effect comes as close as legally possible to that of the invalid provisions. The same applies where matters are not covered by the contract.