General conditions for the purchase of rental products
of LINETECHNOLOGY GmbH
- Scope of Application
These General conditions for the purchase of rental products (“AAB”) apply to all purchases of modular preparations systems (“products”) that were originally transferred for use in return for payment by LINETECHNOLOGY GmbH, Patertal 20, A-3340 Waidhofen/Ybbs (“Linetechnology”) by the customer (“purchaser”). These AABs are a component part of the contractual relationship between Linetechnology and the purchaser and regulate it conclusively, regardless of any agreements that may have been made previously. Linetechnology rejects any additional or derogating terms and conditions or contract forms of the purchaser, which are not a component part of the legal relationship between Linetechnology and the purchaser. - Formation of contracts
A legal operation regarding the purchase of a product becomes effective by the appropriate wish of the purchaser (quotation) and corresponding acceptance by Linetechnology (“Vertrag“). - Prices, terms of payment
- All prices for the purchase of a product (“purchase price”) are in Euros and exclude possible sales tax, excise duties or other charges.
- If a product is purchased within 8 (eight) weeks after termination of the rental contract, the rental payments made up to termination of the contract will be completely deducted from the purchase price. If a product is purchased in the period between 8 and 16 weeks after termination of the rental contract, 75% of the rental payments made up to termination of the contract will be deducted from the purchase price. If a product is purchased in the period between 16 and 24 weeks after termination of the rental contract, 50% of the rental payments made up to termination of the contract will be deducted from the purchase price. If a product is purchased later than this, none of the previously made rental payments will be deducted.
- Payments shall not be recognised as full satisfaction of debt until the amount is freely available to Linetechnology. Payment is due for settlement up to the invoice date. If a discount is granted, this only applies if payment is made up to the due date.
- Received payments will be credited to the oldest open invoice and to the interest charged for late payment that may have accrued for this. Linetechnology is authorised to offset amounts received from the purchaser with other amounts owed by the purchaser from this contract or from others; this is regardless of a payment specification by the purchaser. The purchaser is not authorised to offset or retain payments due to Linetechnology or other amounts due from counter claims, discounts, deductions or other conditions against entitlements to be recovered of Linetechnology.
- If Linetechnology does not receive payments by the due date, Linetechnology can demand late payment interest at the legal rate from the payment due date onwards. The purchaser is obliged to indemnify Linetechnology for any and all exchange losses suffered due to the purchaser not paying in due time or to the purchaser not paying in the currency stated in the order confirmation.
- Risk of damage or loss, transfer and retention of ownership
- The risk of damage or loss to the product is transferred to the purchaser on conclusion of the contract.
- Ownership of the product is not transferred to the purchaser until the purchase price has been paid completely. In the case of garnishments or other intervention by third-parties in products that are under retention of ownership, the purchaser is obliged to notify Linetechnology without delay and to inform the third-party of the retention of ownership. If the purchaser does not meet these obligations, they are liable for the resulting damages.
- Warranties
- Since the product has already been in use on the purchaser’s premises due to the rental contract, it is considered to be accepted as in perfect condition.
- Unless otherwise agreed in writing with the purchaser, the warranty period is six months from the date of termination of this contract. The same time limit applies to spare parts unless otherwise agreed in writing with the purchaser and these parts are not subject to use or wear; in this connection, no separate warranty is provided for parts that are installed in the scope of possible remedial work. Apart from this, Linetechnology is only ever responsible for parts of the products that were purchased from other sub-suppliers within the scope of the warranty claims against the respective sub-suppliers that Linetechnology is entitled to.
- Linetechnology accepts no responsibility and offers no guarantee of the products being suitable for a specific purpose, of providing a specific performance or effect, or being able to process specific materials unless this is expressly assured in writing. The warranty for products does not include any faults due to faulty installation or use, misuse, processing of unsuitable materials, negligence or other reasons on the part of the purchaser or third parties. Apart from this, no warranty will be accepted for faults or damage to products, which in particular but not exclusively, result from for the reasons below: (i) Improper or incorrect use or negligent treatment of the products; (ii) Faulty installation or commissioning of the products by the purchaser and/or third parties; (iii) Incorrect work on the products by the purchaser and/or third parties; (iv) Defects to on-site infeeds and outfeeds and other services and parts provided by the customer; (v) Deviations from agreed or common operating conditions; (vi) Ignoring of operating instructions or specified operating data or failure to carry out the maintenance work provided for in the operating instructions by the purchaser and/or third parties; (vii) Use of unsuitable resources or materials to be processed by the purchaser and/or third parties.
- The purchaser is responsible for verifying that an alleged defect was present at conclusion of the contract.
- If the purchaser does not make a complaint about a hidden defect that occurred without delay after discovering it and/or continues to use the product after a complaint, it is assumed that the purchaser relinquishes all complaints and all the rights associated with it and has accepted the product and that Linetechnology accepts no liability whatsoever to the purchaser.
- In the case of a justified complaint, Linetechnology will grant at their own option a replacement delivery or a credit note. In the case of replacement delivery, the purchaser must return at their own expense and risk the defective product to Linetechnology. Any and all other warranty claims of the purchaser are excluded.
- Limitations of Liability
- In the case of damages culpably caused, Linetechnology’s liability – on whatever legal grounds – is limited in each case to the provisions below.
- Linetechnology accepts no liability if and to the extent that instructions or recommendations with regard to use of the products or to generally accepted practices with regard to the use of the products are ignored by the purchaser unless the purchaser proves that the damage would have resulted even if the instructions and recommendations had been taken into account.
- Linetechnology accepts no liability if and to the extent that instructions or recommendations with regard to use of the products or to generally accepted practices with regard to the use of the products are ignored by the purchaser unless the purchaser proves that the damage would have resulted even if the instructions and recommendations had been taken into account.
- The purchaser bears the burden of proof in all cases.
- Applicable Law, Court of Jurisdiction
- These AABs and the contractual relationships between Linetechnology and the purchaser, including the pre- and post-contractual stages and effects, are subject exclusively to Austrian law excluding its reference norms and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The competent court at St. Pölten is exclusively responsible for any disputes arising from the contract concluded with the purchaser or the AABs on which the contract is based including the pre- and post-contractual stages and effects. However, Linetechnology is free to make use of the general court of jurisdiction of the purchaser.
- General, Data
- Linetechnology takes the requirements of data protection law very seriously. This means that personal data is protected on a comprehensive basis. This protection is based in particular on the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG 2018). As a result, Linetechnology processes personal data exclusively in accordance with and on the basis of relevant specification.
- Within the scope of product maintenance, Linetechnology is allowed to read out information and data that are obviously generated in operation – in particular process or machine parameters, for example – and to use them on an unrestricted basis for their own purposes, in particular to enhance the expertise of Linetechnology and for quality assurance and the further-development of Linetechnology products. When using this information, Linetechnology will ensure that it is not possible to assign it to natural persons (anonymising). No claims whatsoever accrue to the purchaser from this use of information and data by Linetechnology.
- The purchaser may not relinquish the contract or parts of it without the previous written approval of Linetechnology.
- No nonfeasance or delay on the part of Linetechnology in (even partial) enforcement of contract provisions or parts of it must be considered to be renunciation of these rights in this respect or as acceptance of further contraventions.
- The contract represents the entire agreement of the contracting parties and supersedes of any and all previous written and oral agreements and arrangements between the contracting parties.
- If any of the provisions of these AABs should be or become invalid, this does not affect the validity of the remaining provisions. In this case, a provision shall be considered as having been agreed upon that most closely corresponds economically to the content of the invalid provision.
- Any deviation from these AABs must be made in writing.