General Terms and Conditions

General Terms and Conditions of edel-stahl Büchele GmbH & CoKG and Edelstahl Büchele Gesellschaft mbH

Status 10.2022

1. validity

These terms and conditions apply between us (edelstahl Büchele GmbH, edel-stahl Büchele GmbH & CoKG) and natural and legal persons (hereinafter referred to as the customer) for the legal transaction in question and also for all future transactions with business customers, even if no express reference is made to them in individual cases, in particular in the case of future supplementary or follow-up orders .
The version of our General Terms and Conditions valid at the time of conclusion of the contract applies to business customers and can be requested from us as a pdf file.
We contract exclusively on the basis of our General Terms and Conditions.
The customer's terms and conditions of business or amendments or supplements to our GTC require our express written consent - in the case of business customers - in order to be valid.
The customer's terms and conditions shall not be recognized even if we do not expressly object to them upon receipt.

2. offer/conclusion of contract

Our offers are non-binding.
Promises, assurances and guarantees on our part or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding for business customers upon our written confirmation.
The customer must provide us with any information about our products and services which is not attributable to us and which is stated in catalogs, price lists, brochures, advertisements on trade fair stands, circulars, advertising mailings or other media(information material), provided that the customer bases its decision to place an order on such information. In this case, we may comment on their accuracy. If the customer breaches this obligation, such information shall be non-binding unless it has been expressly declared - in writing to business customers - to be part of the contract.
Cost estimates are provided without guarantee and are generally subject to a charge. Consumers shall be informed of the obligation to pay costs before the cost estimate is drawn up. If an order is placed for all the services included in the cost estimate, the fee for the cost estimate shall be credited to the invoice in question.

3. prices

Price quotations are generally not

All-inclusive price .

For services ordered by the customer which are not covered by the original order, the customer shall be entitled to reasonable remuneration.
Prices are quoted ex works and subject to the applicable statutory value added tax . Packaging, transportation. These costs shall only be charged to the entrepreneurial consumer as customer if this has been negotiated in an individual contract. We are only obliged to take back packaging if this has been expressly agreed.
The customer shall arrange for the professional and environmentally friendly disposal of old material . If we are commissioned to do this separately, the customer shall additionally pay for this to the extent agreed for this, in the absence of an agreement on remuneration.
We are entitled, as well as obliged at the customer's request, to adjust the contractually agreed fees if changes of at least 5% are made with regard to (a) wage costs by law, regulation, collective agreement, works agreements or (b) other measures that are necessary for the fulfillment of the contract.

The adjustment shall be made to the extent that the actual production costs have changed since the conclusion of the contract compared to those at the time of the actual provision of the service, provided that we are not in default. The adjustment shall be made to the extent that the actual production costs at the time of the conclusion of the contract change compared to those at the time of the actual provision of the service, provided that we are not in default.

The fee for continuing obligations is agreed as value-adjusted in accordance with the CPI 2010 and the fees are adjusted accordingly. The month in which the contract was concluded is taken as the starting point.
In the event of a change in costs, the fee for consumers as customers shall be adjusted in accordance with point 3.5 and in the case of continuing obligations in accordance with point 3.6 only in the event of individual contractual negotiations if the service is to be provided within two months of conclusion of the contract.
When calculating by length, the longest length is taken as the basis, both for diagonally cut and notched components and for curved profiles, handrails and the like, as well as for staircases, balconies and guardrails, enclosures and When calculating by area, the smallest rectangle describing the executed area is always taken as the basis.

4. goods provided

If equipment or other materials are provided by the customer, we shall be entitled to charge the customer a surcharge of 15% of the value of the equipment or materials provided.
Such equipment and other materials provided by the customer are not covered by the warranty.
The customer is responsible for the quality and operational readiness of supplies.

5. payment

Terms of payment are specified in our order confirmation and are deemed to be accepted by the customer.
The entitlement to a cash discount deduction requires an express written agreement with business customers.
Payment dedications made by the customer

on remittance slips are not binding for us.

With regard to entrepreneurs as customers, we are
456 UGB, we are entitled to charge 9.2% points above the base interest rate in the event of culpable default of payment . We charge consumers an interest rate of 4%.
We reserve the right to assert further claims for damages caused by delay , but only against consumers as customers if this is negotiated in detail.
If the entrepreneurial customer is in default of payment within the framework of other contractual relationships with us, we shall be entitled to suspend the fulfillment of our obligations under this contract until the customer has fulfilled them.
We shall then also be entitled to demand payment of all claims for services already rendered from the ongoing business relationship with the customer. This shall only apply to consumers as customers in the event that an overdue service has been due for at least six weeks and we have sent the customer an unsuccessful reminder setting a grace period of at least two weeks under threat of this consequence.
The customer shall only be entitled to set-off to the extent that counterclaims have been established by a court or recognized by us. Consumers as customers are also entitled to a right of set-off insofar as counterclaims are legally connected with the customer's payment obligation, as well as in the event of our company's insolvency.
If the payment deadline is exceeded, any remuneration granted (rebates, discounts, etc.) shall be forfeited and added to the invoice.
The customer undertakes to pay for the reminders necessary and appropriate for the collection in the event of culpable default of payment

of reminder fees of € 15 per reminder insofar as this is in reasonable proportion to the claim being pursued.

6. credit check

The customer declares his express consent that his data may be transmitted to the creditor protection associations Alpenländischer Kreditorenverband (AKV), Österreichischer Verband Creditreform (ÖVC), Insolvenzschutzverband für Arbeitnehmer oder Arbeitnehmerinnen (ISA) and Kreditschutzverband von 1870(KSV) exclusively for the purpose of creditor protection.

7 Obligations of the customer to cooperate

Our obligation to perform the service shall commence at the earliest as soon as the customer has created all planning, technical and legal prerequisites for performance which were described in the contract or in information provided to the customer prior to conclusion of the contract or which the customer is aware of due to relevant specialist knowledge or experience.
If the customer fails to comply with this obligation to cooperate , our performance shall not be deemed defective - solely with regard to the fact that the customer's performance is not complete due to incorrect information provided by the customer.
The customer must arrange for the necessary third-party authorizations as well as notifications and approvals from authorities at his own expense. We will point this out when the contract is concluded, unless the customer has waived this or the entrepreneurial customer must have such knowledge due to training or experience.
The customer shall be liable for ensuring that the necessary planning, technical and legal requirements for the work to be produced or the object of purchase are met, which were described in the contract or in information provided to the customer prior to conclusion of the contract or which the customer is aware of due to relevant specialist knowledge or experience.
The customer shall provide us with lockable rooms free of charge for the time of performance of the service for the stay of the workers and for the storage of tools and materials.
Order-related details of the necessary information can be requested from us.
The customer is not entitled to assign claims and rights arising from the contractual relationship without our written consent.

8. performance execution

We are only obliged to take into account subsequent requests for changes and extensions by the customer if they are necessary for technical reasons in order to achieve the purpose of the contract.
Minor changes to our performance that are reasonable and objectively justified for the entrepreneurial customer shall be deemed to have been approved in advance.
If, after the order has been placed, the order is amended or supplemented for any reason whatsoever, the delivery period shall be extended.

/performance period by a reasonable period of time.

If, after conclusion of the contract, the customer wishes the service to be performed within a shorter period of time, this shall constitute an amendment to the contract. As a result, overtime may become necessary and/or additional costs may be incurred due to the acceleration of material procurement, and the remuneration shall increase appropriately in proportion to the necessary additional expenditure.
Objectively justified (e.g. system size, construction progress, etc.) partial deliveries and services are permitted and can be invoiced separately.

9. performance deadlines and dates

Deadlines and dates shall be postponed in the event of force majeure, strike, unforeseeable delays by our suppliers for which we are not responsible or other comparable events beyond our control for the period during which the relevant event continues. This shall not affect the customer's right to withdraw from the contract in the event of delays that make it unreasonable to expect the customer to adhere to the contract.

If the start of the performance of the service or the performance is delayed or interrupted due to circumstances attributable to the customer , in particular due to a breach of the obligations to cooperate under these GTC, the performance periods shall be extended accordingly and the agreed completion dates shall be extended accordingly.
We shall be entitled to charge 3% of the invoice amount for each commenced month of the delay in performance for the storage of materials and equipment and the like in our company required as a result, whereby the customer's obligation to pay and his obligation to accept shall remain unaffected by this.
Delivery and completion dates are only binding for business customers if compliance with them has been agreed in writing.
In the event of a delay in the fulfillment of the contract by us, the customer shall be entitled to withdraw from the contract after setting a reasonable grace period. The grace period must be set in writing (by business customers by registered letter) with a simultaneous threat of withdrawal.

10. reference to limitation of the scope of services

In the course of installation and repair work, damage may occur (a) to existing stocks as a result of unrecognizable conditions or material defects (b) during chiselling work in unbonded masonry We shall only be responsible for such damage if we have culpably caused it.
With anodized and coated materials, differences in colour nuances are not to be expected.
Protective coatings last three

11. makeshift repairs

In the case of makeshift repairs, there is only a very limited liability in accordance with the circumstances.
In the event of makeshift repairs, the customer must immediately provide professional repairs.

12. transfer of risk

Section 7b KSchG applies to the transfer of risk when the goods are sent to the consumer .
The risk shall pass to the entrepreneurial customer as soon as we hold the object of purchase, the material or the work ready for collection from the factory or warehouse , deliver it ourselves or hand it over to a carrier.
The entrepreneurial customer shall insure himself against this risk accordingly. We undertake to take out transport insurance at the customer's written request and expense. The customer approves any customary mode of shipment.

13. default of acceptance

If the customer is in default of acceptance for more than 2 weeks (refusal of acceptance, default with advance performance or other), and if the customer has not provided for the elimination of the circumstances attributable to him which delay or prevent the performance of the service despite setting a reasonable grace period, we may otherwise dispose of the equipment and materials specified for the performance of the service while the contract is still valid, provided that, in the event of continuation of the performance of the service, we dispose of them within a period of time appropriate to the respective circumstances.
If the customer is in default of acceptance, we shall also be entitled to store the goods with us if we insist on fulfillment of the contract, for which we shall be entitled to a storage fee of € 20 per pallet space (Euro pallet) and month or part thereof.
This shall not affect our right to demand payment for services rendered and to withdraw from the contract after a reasonable grace period.
In the event of a justified withdrawal from the contract, we may demand lump-sum compensation from the business customer in the amount of % of the order value plus VAT without proof of the actual damage The obligation to pay compensation by a business customer is independent of fault.

The assertion of higher damages is permissible. This right only exists vis-à-vis consumers if it is negotiated on a case-by-case basis.

14. reservation of title

The goods delivered, assembled or otherwise handed over by us shall remain our property until full payment has been made.
A resale is only permissible if we have been notified of this in good time in advance, stating the name and address of the purchaser, and we consent to the sale. In the event of our consent, the purchase price claim of the entrepreneurial customer shall already now be deemed assigned to us.
The Client must note this assignment in its books and on its invoices until full payment of the remuneration or purchase price and inform its debtors of this. Upon request, he shall provide the Contractor with all documents and information required to assert the assigned claims and entitlements.
If the customer is in default of payment, we are entitled to demand the return of the reserved goods after setting a reasonable grace period. We may only exercise this right against consumers as customers if at least one outstanding payment by the consumer has been due for at least six weeks and we have issued an unsuccessful reminder under threat of this legal consequence and setting a grace period of at least two weeks.
The customer must inform us immediately before the opening of bankruptcy proceedings against his assets or the seizure of our reserved goods.
The customer expressly agrees that we may enter the location of the goods subject to retention of title in order to assert our retention of title.
Necessary and reasonable costs for the appropriate prosecution shall be borne by the
The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared.
We may sell the reserved goods taken back to business customers on the open market and at the best possible price.

15 Third-party property rights

If the customer provides intellectual creations or documents and if third-party property rights are asserted with regard to such creations, we shall be entitled to suspend the manufacture of the delivery item at the customer's risk until the rights of third parties have been clarified and to claim reimbursement of the necessary and appropriate costs incurred by us, unless the unjustified nature of the claims is obvious.
The customer shall indemnify and hold us harmless in this respect.
We are entitled to demand reasonable advance payments from business customers for any legal costs.
For delivery items which we manufacture according to customer documents (design data, drawings, models or other specifications, etc.), the customer alone shall assume the guarantee that the manufacture of these delivery items does not infringe the industrial property rights of third parties.
If third-party industrial property rights are nevertheless asserted, we shall be entitled to cease production of the delivery items at the customer's risk until the third-party rights have been clarified, unless the unjustified nature of the claims is obvious.
We may also claim compensation from the customer for necessary and useful costs incurred by us.

16 Our intellectual property

Plans, sketches, cost estimates and other documents provided by us or created by our contribution shall remain our intellectual property.
The use of such documents outside the intended use, in particular the passing on, duplication, publication and making available including only

copying in extracts requires our express consent.

Furthermore, the customer undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge obtained from the business relationship.
If we have handed over items to the customer within the scope of contract initiation, conclusion and execution which were not owed within the scope of performance (e.g. color, surface, material samples, etc.), these must be returned to us within 14 days. If the customer does not comply with a corresponding request in due time, we may demand lump-sum compensation from the customer in the amount of 50% of the value of the items handed over without proof of the actual damage. In the case of an entrepreneur, the obligation to pay compensation is independent of fault.

17. warranty

The provisions of the statutory warranty shall apply. The warranty period for our services to business customers is one year from delivery.
Unless otherwise agreed (e.g. formal acceptance), the time of handover shall be the time of completion, at the latest when the customer has taken control of the service or has refused to accept it without giving reasons.
If a joint handover is planned and the customer fails to attend the handover date notified to him, the handover shall be deemed to have taken place on this date.
Rectification of a defect alleged by the customer shall not constitute acknowledgement of the defect alleged by the customer.
The entrepreneurial customer shall grant us at least two attempts to remedy the defect.
If the customer's claims of defects are unjustified, the customer shall be obliged to reimburse us for any expenses incurred in establishing the absence of defects or rectifying defects.
The entrepreneurial customer must always prove that the defect already existed at the time of handover.
In order to remedy defects, the customer must make the system or equipment accessible to us without culpable delay and give us the opportunity to have it inspected by us or by experts appointed by us.
Defects in the delivery item which the entrepreneurial customer has discovered or should have discovered by inspection in the ordinary course of business after delivery must be reported to us in writing immediately, at the latest 2 days after delivery. Hidden defects must also be reported within this reasonable period from discovery.
Any use or processing of the defective object of performance which threatens further damage or makes it difficult or impossible to determine the cause must be discontinued by the customer immediately, unless this is unreasonable.
If a complaint is not made in good time, the goods shall be deemed to have been approved.
If the customer's claims of defects are unjustified, the customer shall be obliged to reimburse us for any expenses incurred in establishing the absence of defects or rectifying defects.
Any use or processing of the defective delivery item which threatens further damage or makes it difficult or impossible to remedy the cause must be discontinued by the customer immediately, unless this is unreasonable.
We can avert a request for conversion by improvement or reasonable price reduction, provided that the defect is not significant and irreparable.
If the objects of performance are manufactured on the basis of information, drawings, plans, models or other specifications of the customer , then

we only provide a warranty for execution in accordance with the conditions.

The fact that the work is not fully suitable for the agreed use shall not constitute a defect if this is based solely on actual circumstances deviating from the information available to us at the time of performance because the customer has not fulfilled his obligations to cooperate.
The defective delivery or samples thereof shall be returned to us by the entrepreneurial customer, insofar as this is economically justifiable.
The costs for the return transport of the defective item to us shall be borne in full by the entrepreneur.
The customer shall be obliged to enable us to determine the defect without delay .
The warranty is excluded if the customer's technical equipment, such as supply lines, cabling, etc., is not in a technically perfect and operational condition or is not compatible with the delivered items, insofar as this circumstance is the cause of the defect.

18. liability

We shall only be liable for breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., in the event of financial loss in cases of intent or gross negligence.
Liability towards business customers shall be limited to the maximum liability amount of any insurance policy concluded by us.
This limitation shall also apply with regard to damage to an item that we have accepted for processing . However, this shall only apply to consumers if this has been negotiated in an individual contract.
Claims for damages by business customers must be asserted in court within two years, otherwise they expire.
The exclusion of liability also includes claims against our employees, representatives and vicarious agents due to damage caused by them to the customer without reference to a contract between them and the customer.
Our liability is excluded for damage caused by improper handling or storage, overuse, non-compliance with operating and installation instructions, incorrect assembly, commissioning, maintenance, servicing and care by the customer or third parties not authorized by us, or natural wear and tear, insofar as this event was the cause of the damage. Liability is also excluded for failure to carry out necessary maintenance, unless we have contractually assumed the obligation to carry out maintenance.
If and to the extent that the customer can claim insurance benefits for damages for which we are liable through its own insurance or insurance taken out in its favor (e.g. liability insurance, comprehensive insurance, transport, fire, business interruption and others), the customer undertakes to claim the insurance benefit and our liability shall be limited to the disadvantages incurred by the customer as a result of claiming this insurance (e.g. higher insurance premium).
Those product characteristics are owed which can be expected from us, third-party manufacturers or importers with regard to the approval regulations, operating instructions and other product-related instructions and information (in particular also inspection, care and maintenance), taking into account the customer's knowledge and experience. The customer as reseller must take out adequate insurance for product liability claims and indemnify and hold us harmless with regard to recourse claims.

19. severability clause

Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts.

We, as well as the entrepreneurial customer, hereby undertake to jointly agree on a replacement provision that comes closest to the economic result of the ineffective condition, based on the horizon of honest contracting parties.

20. general

Austrian law shall apply.
The UN Sales Convention is
The place of performance is the registered office of the company (6971 Hard).
The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the entrepreneurial customer is the court with local jurisdiction for our registered office for consumers, provided that the consumer is domiciled in Germany, is the court in whose district the consumer has his habitual residence or place of employment.
The customer must notify us immediately in writing of any changes to his name, company name, address, legal form or other relevant information.
The customer and we are aware of the current uncertainty due to the corona pandemic (force majeure), international political situation, etc. and this has been included in the basis of the transaction. The customer expressly declares that he agrees to the legal consequences in the event of default of acceptance or withdrawal (in particular in accordance with )

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