GENERAL TERMS AND CONDITIONS - STROHBOID GMBH
1. Preamble
1.1 All partners shall at all times endeavour to perform the services to be rendered to the fullest satisfaction of all parties involved through professional satisfaction of all parties involved.
1.2 STROHBOID GmbH (hereinafter referred to as the "Contractor") offers under the brand STROHBOID the rental and sale of roofing systems with the sale of roofing systems with the product names "Event Tent", "Pavilion" and "Lounge" including transport, assembly and dismantling as well as permanent installation. Transport, assembly and dismantling are usually carried out by subcontractors commissioned by the customer.
1.3 The customer purchases and uses the roofing systems for private or commercial purposes. The entrepreneurial customer undertakes to use the roofing systems only within his company.
2. Scope of application
2.1 These terms and conditions shall apply between the entrepreneur and natural and legal persons (in short the legal persons (in short "Customer") for the present legal transaction and, in relation to entrepreneurial Customers, also for all future transactions, even if no express reference is made to them in individual cases, in particular for future supplementary or follow-up orders.
In individual cases, especially in the case of future supplementary or follow-up orders.
2.2 The entrepreneur contracts exclusively on the basis of his GTC. Terms and conditions of the customer or amendments or supplements to these General Terms and Conditions shall require the express written consent of the in writing vis-à-vis entrepreneurial customers.
2.3 The customer's terms and conditions of business shall not be recognised even if the entrepreneur does not expressly not expressly objected to by the entrepreneur after receipt.
2.4 If sales contracts with customers contain provisions that deviate from or contradict the content of these terms and conditions, they shall not be accepted, or contradict these terms and conditions, the respective purchase contract shall take precedence over the terms and conditions of business.
3. Offer, conclusion of contract
3.1 The offers of the entrepreneur are non-binding and subject to change. Until the conclusion of a written purchase contract and payment of the deposit, the entrepreneur reserves the right to sell the goods elsewhere.
3.2 Promises, assurances and guarantees of the entrepreneur or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding vis-à-vis entrepreneurial customers upon written confirmation by the entrepreneur.
3.3 The purchase price is paid as follows: 50% in the form of a deposit, due within 10 days after signing the purchase contract and the remaining 50% in the form of a final payment, due immediately after delivery. For order volumes over €70,000 net, payment terms are to be agreed separately.
3.4 Only with the receipt of the 50% deposit on the account of the seller and the signing of the purchase contract by both parties a binding and legally effective contract is concluded.
4. Retention of title
4.1 The object of purchase remains the property of the seller until full payment of the purchase price and all costs and expenses. A resale is only permissible if the seller has been informed of this in good time beforehand, stating the name or company and the exact business address of the second buyer, and the seller agrees to the sale. In the event of a sale, the purchase price claim shall be deemed to have been assigned to the seller and the seller shall be authorised to notify the third-party debtor of this assignment at any time.
4.2 In the event of even partial default in payment, the buyer agrees already now that the seller may collect the object of purchase at his own expense at any time. In this case, the seller is entitled to assert his rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a rescission of the contract unless the seller expressly declares the rescission of the contract.
5. Value protection, forward loss
5.1 All prices and receivables shall be agreed as value-protected. The consumer price index CPI 2015 published monthly by Statistics Austria or an index replacing it shall serve as the measure for the calculation of the stable value. The index figure calculated for the month of the conclusion of the contract shall serve as the reference value for this contract. Consumers as customers will not be charged for price changes during the first two months after conclusion of the contract, unless these have been expressly negotiated in detail.
5.2 If payment by instalments has been agreed between the entrepreneur and the customer, the entrepreneur has the right to demand immediate payment of the entire outstanding purchase price if the buyer is in arrears with an instalment, even if only partially (loss of payment period). In the case of consumers as customers, this right can only be exercised by the entrepreneur if he himself has already rendered his services, at least one of the customer's outstanding services has been due for at least six weeks and the entrepreneur has unsuccessfully reminded the customer under threat of loss of time and by setting a grace period of at least two weeks.
6. Duties of the contractor, changes in performance
6.1 The contractor or a partner commissioned by the contractor shall undertake the assembly of the roofing systems, as well as their transport, unless otherwise agreed with the customer in individual cases.
6.2 If the Contractor undertakes the transport and assembly of the roofing systems, it shall also provide the necessary personnel for this, unless otherwise agreed with the Customer in individual cases. Assistants may be provided by the customer in individual cases after consultation with the contractor. If the Customer provides his own helpers, they must comply with the Contractor's safety regulations, otherwise they may be expelled from the construction site and the Contractor shall be entitled to stop the assembly work or the Contractor shall continue the work with the assistance of substitute workers against appropriate remuneration. The helpers must be of age and suitable for the work to be done. It is up to the contractor and his staff to decide whether they are suitable.
6.3 Minor changes to the Contractor's performance which are reasonable and objectively justified for the entrepreneurial customer (in particular those which serve the further development of the product) shall be deemed to have been approved in advance. This right only exists vis-à-vis consumers if it is negotiated in individual cases. In any case, the entrepreneur shall inform the customer of such changes.
7. Obligations of the customer: Use and maintenance
7. 1 The snow loads are calculated according to DIN EN 13782. Thus, a snow load of 20 kg/m² is assumed for the roofing systems. This snow load of 0.2 KN/m² must not be exceeded at any time and must be ensured by clearing the snow from the roofing system. The regulation applies analogously to heavy rain, freezing rain and hail events. A snow load reinforcement can be installed at an extra charge.
7.2 The customer is responsible for regular, proper maintenance, ventilation, heating, ventilation from underneath the substructure (min. 20 cm), checking and cleaning the roofing systems including tarpaulins and for their maintenance; the entrepreneur accepts no responsibility for this. This also applies to consequential damage resulting from damaged tarpaulins or insufficient rear ventilation. In the case of water pipes, the customer is responsible for keeping the interior and supply lines frost-free (including using the heating systems provided). Repair work on the load-bearing wooden structure may only be carried out by the entrepreneur himself or by an authorized master carpenter, timber construction engineer or comparable specialist company.
7.3 If the customer moves, changes or removes construction parts, in particular struts or bracings, this is done at the customer's own risk and the contractor is not liable for any consequences.
7.4 The roofing systems can be used as suspension devices for any technical equipment such as stage equipment. The loads can only be applied symmetrically. The loads of the standard version according to the user manual are statically calculated and must not be exceeded. Load applications deviating from this must be checked by a structural engineer. Lower loads are always possible.
7.5 The membranes can only withstand the calculated storm loads when they are closed and with correct bracing using a rubber cable. The zippers are quality goods from YKK. Since the service life also depends heavily on use, we assume no liability for damage to zippers.
7.6 The side windows of the Pavilion 70 can only be opened when the temperature is at least 15 °C. 2 people are required to open it to avoid damage. One person relieves the zipper, the other person operates the zipper. The tension with the expander rubbers must be released beforehand.
7.7. In the case of a warranty in the case of proven production errors, the replacement material will be delivered to the customer free of charge up to the installation site. The customer is responsible for replacement and installation. No liability is assumed for damage caused by use and wear and tear during use. As well as damage caused by force majeure. (storm, vandalism, etc.)
8. Obligations of the customer: Installation site
8.1 It is the sole responsibility of the customer to arrange for all necessary consents and permits from third parties as well as notifications to and permits from authorities of all kinds at his own expense. He shall ensure that the legal provisions applicable at the place of installation (e.g. building and event regulations) are complied with.
8.2 At least 2 weeks before the start of the installation, the customer must provide the necessary information about the location of concealed lines and their devices, escape routes, other obstacles of a structural nature, other possible sources of disturbance and danger without being asked to do so, and make this information available in text or drawing form. The Contractor shall not be obliged to carry out any further inspection or survey of his own. If the customer fails to provide the above information, the customer shall be liable for any damage (line damage, etc.).
8.3 The customer shall ensure that the area at the installation site is level, horizontal and buildable for the roofing system with dimensions of 14x14m (Pavilion 70) or 6x5m (Lounge 20). In the case of several roofing systems, a corresponding multiple of the area results. The installation site must be cleared before the material is delivered. During assembly, the customer shall ensure that unauthorised persons do not enter the working area.
8.4 The access and exit routes as well as the construction site area must be passable for vehicle combinations with a 13.5 m long trailer with a total combination length of 18.7 m, a width of 2.6 m and a height of 4 m. The customer is responsible for securing the ground at the driveway and construction site using suitable measures such as floor protection mats. The customer is solely liable for any damage to the ground caused by vehicles or Strohboid products.
8.5 If the location does not meet the stated requirements, a surcharge corresponding to the effort involved may be charged for installation. The customer shall be liable for any resulting e.g. damage caused by delays or other damage occurring during the assembly and dismantling of the roofing systems. The contractor is entitled to charge the customer for the additional costs of such delays and waiting times during assembly and dismantling at the net hourly personnel cost rate of € 50, unless otherwise agreed in writing.
8.6 If pipes, connections, patio heaters, follow-up trades (installer for connecting water, air conditioning) and customer (for handing over the product) are not available at the required time, the Strohboid services are deemed to have been checked and accepted. All other work and connections must therefore be organized and carried out by the customer.
8.7 If the location does not meet the stated requirements and if it is not possible to set up the unit at all, the customer must reimburse the contractor for all costs incurred, e.g. transport costs, labour costs, loss of earnings.
8.8 Agreed rework, warranty claims, etc. will only be carried out after payment of the final invoice by Strohboid.
9. Delivery and performance deadlines, default of the contractor
9.1 An agreed delivery period is subject to unforeseeable events which are beyond the control of the contractor. These include, for example, cases of force majeure, strike, shortage of raw materials, import ban, confiscation, official measures and failure of the forwarder to provide the transport space on time. In the aforementioned cases, the contractor shall not be liable for damages due to the delayed provision of the roofing systems. The Contractor shall provide proof of the existence of the aforementioned circumstances.
The right of the customer to withdraw from the contract in the event of delays that make it unreasonable to commit to the contract remains unaffected.
9.2 In the event of a delay in the performance of the contract by the entrepreneur, the customer shall be entitled to withdraw from the contract after setting a reasonable grace period. The grace period must be set in writing and the withdrawal must be threatened at the same time.
10. Place of performance
10.1 The place of performance for both the Contractor's performance and the Customer's consideration shall be the Contractor's registered office.
11. Handover, warranty
11.1 The Customer is obliged to accept the deliveries and services provided, delivered or otherwise made available by the Contractor. In any case, commissioning shall be deemed to be acceptance. The Customer shall certify to the Contractor in writing that the roofing systems have been properly handed over.
11.2 The statutory provisions on warranty shall apply unless the written purchase contract with the customer provides otherwise.
11.3 In order to rectify defects, the Customer shall make the installation accessible to the Contractor and grant the Contractor the opportunity to have it inspected by the Contractor or an expert appointed by the Contractor.
11.4 Any use of the defective goods that threatens further damage or makes improvement difficult or impossible shall be discontinued by the customer immediately, insofar as this is reasonable.
12. Liability for damages, insurance
12.1 The entrepreneur shall only be liable for financial losses in cases of intent or gross negligence. Liability towards entrepreneurial customers is limited to the maximum liability amount of any liability insurance taken out by the entrepreneur.
12.2 If and to the extent that the Customer can claim insurance benefits for damages for which the Contractor is liable through a damage insurance policy of its own or concluded in its favour (e.g. liability insurance, hull insurance, transport, fire, business interruption or others), the Customer undertakes to claim the insurance benefit and the Contractor's liability shall be limited to the disadvantages incurred by the Customer as a result of claiming this insurance (e.g. higher insurance premium, deductible).
12.3 The contractor is not liable for damage caused by improper handling and use, overloading, installation of the roofing systems on unsuitable ground, failure to follow the user manual, faulty commissioning, maintenance or servicing by the customer or third parties not authorised by the contractor, insofar as this event was causal for the damage. Likewise, the exclusion of liability exists for failure to carry out necessary maintenance, unless the contractor has contractually assumed the obligation to carry out maintenance.
13. Ban on offsetting
13.1 A set-off with claims of the customer against claims of the entrepreneur, of whatever kind, is excluded. This does not apply to consumers as customers in the event of the insolvency of the entrepreneur or to counterclaims that are legally related to claims of the entrepreneur, have been established by a court or have been recognised by the entrepreneur. In the aforementioned cases, offsetting by the consumer is permissible.
14. Withdrawal from the contract
14.1 Cancellation of the contract must be made in writing. Withdrawal by the customer is possible at any time, but the following cancellation fees (§ 909 ABGB) will be charged:
Cancellation up to 8 months before start of assembly or delivery date: 25% of the order total
Cancellation up to 4 months before start of assembly or date of delivery: 50% of order total
Cancellation up to 2 months before start of assembly or date of delivery: 75% of order total
less than 1 month before start of assembly or date of delivery: 90% of order total
Any further claim for damages on the part of the entrepreneur shall remain valid.
14.2 If the Entrepreneur becomes aware of circumstances of the Customer that reduce the creditworthiness and jeopardise the collectability of the Entrepreneur's claims, or if the Customer fails to meet his previous payment obligations, the Entrepreneur is entitled to withdraw from the contract.
14.3 If the Customer is in default of acceptance (refusal of acceptance, default in advance performance or other) and if the Customer has not ensured the elimination of the circumstances attributable to him which delay or prevent the performance of the service despite a reasonable grace period being set, the Contractor shall be entitled to withdraw from the contract.
15. Secrecy
15.1 The Customer undertakes to maintain confidentiality about the prices agreed with the Contractor.
16. Severability clause
16.1 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on a new provision that comes as close as possible to what was originally agreed.
17. Final provisions
17.1 This contract shall be governed exclusively by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods and its conflict-of-law rules.
17.2 The court with subject-matter jurisdiction at the registered office of the entrepreneur shall have exclusive local jurisdiction to decide on all disputes arising from this contract with entrepreneurial customers. However, the entrepreneur also has the right to sue the buyer at any legal place of jurisdiction. Final provision
17.3 The Customer shall notify the Entrepreneur immediately of any changes to his name, company name, address, legal form or other relevant information.
Extract from GTC for offer