General Terms and Conditions (GTC) for deliveries and services of vymat GmbH.
1.1. Unless otherwise agreed in individual cases, our GTCs shall apply exclusively. Neither our silence on the sending of conditions nor the execution of the order by us shall be deemed as acceptance.
1.2. If any provision of these Terms and Conditions of Delivery is invalid, the validity of the remaining provisions shall not be affected.
1.3. In this respect, contractual performance on our part shall not be deemed to constitute consent to contractual terms and conditions that deviate from our terms and conditions. If ambiguities nevertheless remain in the interpretation of the contract, they shall be conceded in such a way that those contents shall be deemed agreed which are usually agreed in comparable cases.
2.1. Our offers are subject to change. Orders of the purchaser are binding on us only after written confirmation. Our written order confirmation shall be decisive for the content and scope of the contract. Insofar as this correspondence is carried out in an EDP system without a signature, this shall satisfy the requirement for the written form.
2.2. If there is no immediate order confirmation due to time relevance, a contractual relationship shall also come into existence when the actual performance of the service is started (e.g. preparations for a measurement, performance of a measurement on site, etc.).
2.3. In the case of special services, we reserve the right to make a reasonable over- or under-delivery.
The customer is obliged to provide technical assistance at his own expense, in particular to:
3.1. Provide the necessary appropriate support staff in the number and for the time required to support the service; support staff shall follow the instructions of our technician. We do not assume any liability for the auxiliary staff.
3.2. Carrying out all preparatory, securing and scaffolding work, including the procurement of the necessary materials.
3.3. Provision of the required functional devices, tools and lifting equipment, as well as the required commodities and materials.
3.4. Provide power, lighting, operating power, compressed air, water including necessary operational connections.
3.5. If necessary, provision of necessary dry and lockable rooms for the storage of our technician’s exhibition equipment and tools.
3.6. Provision of the materials and performance of all other acts necessary for the adjustment of the delivery item and for the performance of a contractually stipulated test.
3.7. The technical assistance of the customer must ensure that our services can be started immediately after the arrival of our technician and carried out without delay until the acceptance by the customer. Insofar as special plans or instructions are required by us, we will be pleased to provide these to the purchaser in good time.
3.8. If the customer does not comply with his obligations, we shall be entitled, but not obliged, to carry out the actions incumbent on the customer in his place and at his expense after giving notice. Otherwise, our statutory rights and claims shall remain unaffected.
If, through no fault of our own, the measuring instruments, devices or tools provided by us are damaged at the place of use or if they are lost through no fault of our own, the customer shall be obliged to compensate for such damage. Damage due to normal wear and tear shall not be taken into account.
5.1. Our services are charged in accordance with our currently valid price list or our currently valid service conditions, unless a flat rate or a special arrangement has been expressly agreed.
5.2. All prices quoted by us are exclusive of VAT, unless otherwise expressly stated. In the case of invoicing, the statutory sales tax will be added to these prices.
5.3. If no justified objection is raised against our invoice within 4 weeks, it shall be deemed approved in any case.
5.4. Our prices do not include transport costs, costs for assembly, commissioning or similar, unless stated separately. These are agreed separately and charged according to time and effort.
6.1. Unless otherwise stipulated in the order confirmation, payment shall be made in euros by means of an irrevocable letter of credit to be issued prior to delivery, which shall also permit partial deliveries. All costs for this shall be borne by the customer.
6.2. Even in the event of a delay in payment through no fault of our own, we shall be entitled to charge interest on arrears at the rate of 12% p.a..
6.3. All costs necessary for expedient legal prosecution shall be charged directly.
6.4. The customer shall not be entitled to withhold payments or to offset them against any counterclaims unless these have been acknowledged by us or have been legally established.
6.5. Insofar as claims are deferred, they shall become due for payment immediately without deduction if the customer defaults on a payment to us or if we become aware of a significant deterioration in its financial position or financial situation.
If agreed down payments are not received in due time or if circumstances become known to us after conclusion of the contract which are likely to considerably reduce the solvency of the customer, we shall be entitled, without prejudice to further claims, to demand advance payments or sufficient securities for our claims prior to delivery or to withdraw from the contract if no securities are provided.
We retain title to the delivered goods until all claims have been settled, irrespective of the legal grounds, to the extent that this is permissible under the law in whose area the delivery item is located. If this does not permit the retention of title, but allows us to reserve other rights to the delivery item, we may exercise all rights of this kind. The Purchaser shall be obliged to cooperate in any measures we take to protect our title or any other right in lieu thereof to the delivery item. We reserve the right to withdraw from the contract until full payment has been received.
9.1. The warranty period for movable items is 6 months, for immovable items 12 months from delivery/service.
9.2. The goods must be inspected immediately after delivery. Defects discovered in the process must also be reported immediately, but no later than 7 days after delivery, stating the type and extent of the defect.
9.3. Hidden defects must be reported immediately after their discovery. If a notice of defects is not raised or not raised in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages including consequential damages as well as the right to contest errors due to defects are excluded in these cases.
The customer agrees that we store personal data received from him with – or in connection with – the order for processing and evaluation in compliance with the statutory provisions.
11.1. Austrian substantive law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Unless otherwise agreed in writing, the contractual language shall be German.
11.2. The place of jurisdiction for all disputes arising from the contractual relationship shall be the court with subject-matter jurisdiction at the registered office of our company. This shall also apply to claims arising from bills of exchange and checks as well as to claims under tort law and notices of dispute and proceedings for documentary evidence.
11.3. We are also entitled to sue the customer at the court of his place of business or residence.
All copyrights and rights of use remain with vymat GmbH.
The current version of the GTCs is available on our website (www.vymat.com) and will be sent upon request. Changes are also binding for existing contractual relationships. Objectively justified and reasonable changes in our performance obligations shall be tolerated by the Buyer.
As experts in condition monitoring, vymat controls the error susceptibility of your machines. Vibration measurement and vibration analysis prevent malfunctions and plant failure.
We are your reliable partner for engineering and technics: From individual power supply to drive and control technology to the construction of components, we develop customized solutions – a one-stop service.
Contact
vymat GmbH
Gerersdorf 53
4531 Kematen on the Krems
