General Sales and Delivery Conditions
For our delivery/sales obtain the following conditions:
- The good remains our proprietary until the full payment. If the article is resaled by the customer, the claim from this resale is asigned to us.
- When the bank changes the interest rates, so it is our right to adapt these changes of the interest rates.
- At part- , rental- or deffered payment, you agree absolutely, that we can take back our machine, which is our property and which we have given you to use it, without judical or magisterial interventions, also when we have to open locks of the machine or on the depository of this machine, if you neglect the obligations, which you have assumed from us. In this case you waive the objections of intrusion and also the objections that the machine is necessary for the maintenance of your company. You also have to pay the costs of the withdrawal of the machine.
- If you neglect the obligations from this contract, it is our right to put the machine, which is in our property, in a saleable condition and it is your obligation to pay the costs for it.
- We send at buyer’s risk, also when a carriage paid delivery is agreed.
- There is no warranty for the operating hours, which are shown on the hour meter or on the tachometer – stand of the machine.
- We guarantee free replacement for deliveries with wrong articles, which are traceable from us, when we receive a letter about the wrong delivery within 8 days after the receipt of this article. When you don’t inform us about the wrong delivery in time, there won’t be any rights of warranty or claims for compensation anymore. The buyer has no rights to claim for compensation, unless we have a weighty fault. There is no obligation of compensation as it is assigned in the law for product liability BGBL Nr. 99/1988 or in other similar appointments for product liability for damages of used articles.The taker is obligated to make sure that only a skilled person uses the ware with all necessary safety devices.
- We state terms of delivery with the best knowledge and only without obligations. The buyer has no right, to demand compensations or to withdraw from the contract because of a delayed delivery.
- When we find something out about the creditworthiness of the buyer after the completion of contract, we have the right to withdraw from the contract and to demand compensation because of the non-fulfilment, also when some parts of the contract conditions are already performed, unless the buyer offers security. In the case of default of payment we have the right to recon up at least 1,5 % p.M interests, which are similar to the interests of a bank. The buyer has to pay all costs of reminders and encashments and he also has to pay for costs from interventions of attorney. In the case of agreed part payment the time limit loss is valid, that means that when the buyer doesn’t.
- In case of withdrawal from this contract, we are allowed to account a cancellation charge in high of 20 % of the amount of this contract.
- Use of “Biodiesel” It is only allowed to fuel up machines, which are bought from the company Kleinheider, with Biodiesel after consulting with the management of the workshop from the company Kleinheider. The buyer has to pay for all damages, which are caused by wrong fuels or unapproved fuels . The buyer is obligated to notice and perform the instructing of safety exactly, which are mentioned in the operating instructions and handbooks for workshop.
- The international sale–and delivery conditions in trade of machines are valid for appointments, which are not mentioned above.
- Place of performance and court of jurisdiction is St. Pölten. Austrian right is valid.
- If you have any changes of points of the delivery conditions etc., you need a written recognition from us.