Terms of Service
§ 1 General
Our terms and conditions are an integral part of our contracts. Deviations are only binding for us if they have been agreed in writing.
§ 2 Offers
Our offers are non-binding. We do not guarantee the compatibility of the materials used in the products with certain media. The selection is the sole responsibility of the user. The user must determine suitable materials for his application under the respective specific operating conditions. We can only make recommendations based on compatibility information and the experience of the manufacturers.
§ 3 Scope of delivery
In the case of custom-made products and deliveries of pipes and hoses, an excess or short delivery of 10% is permitted.
§ 4 Retention of title
The goods remain our property until full payment.
Unless otherwise agreed, the goods are shipped at the customer’s expense and risk. We choose the type of shipping and packaging that we think is the most favorable.
§ 6 Delivery time
The delivery time specified by us begins when you receive the order confirmation and is adhered to on the day of dispatch or readiness for dispatch. Changes cancel the delivery date and require it to be rescheduled.
§ 7 Warranty
We guarantee for a period of 6 months that the goods correspond to the descriptions and are not afflicted with errors that render them unsuitable or reduce their suitability. An insignificant reduction is not taken into account.
If errors occur during contractual use, the customer must report them immediately, at the latest within 7 days, in a comprehensible form, stating the information useful for error elimination, in writing at our request. He has to support us within the scope of what is reasonable in eliminating errors.
The customer can set a reasonable deadline for rectifying the errors. If it expires uselessly, he can demand a reduction in payment under the statutory conditions or withdraw from the contract.
The warranty expires for goods that the customer changes or in which he otherwise intervenes, unless the customer can prove in connection with the error message that he is not the cause of the error.
We can demand reimbursement of the effort if we acted on the basis of an error message and can prove that there was no error.
§ 8 Compensation
We only pay compensation if we are accused of intent or gross negligence. Any compensation for damages is limited to the price of the goods.
§ 9 Payment
Unless otherwise specified, invoices are to be paid net within 30 days. In the event of a delay in payment, default interest of 1% per month will be charged in addition to dunning and collection costs.
Sales tax at the applicable statutory rate will be added to all prices.
§ 10 Cancellations / Exchanges / Returns
Order cancellations / exchanges or return shipments can only be accepted by prior arrangement. All resulting costs for inspection, cleaning, packaging and re-storage shall be borne by the customer.
§ 11 Offsetting
The offsetting of counterclaims against our claims is excluded; unless it has been determined by a court or recognized by us.
§ 12 Shortening by more than half
The applicability of § 934 ABGB is excluded.
§ 13 Export Permits
Insofar as the goods or parts of the goods are subject to a US export license, the goods are exclusively intended to remain in Austria. The export of such goods is subject to the condition that the necessary export conditions are issued and that there are no other obstacles to the export law. In the event of the intended re-export, the customer undertakes to apply for the US export license required under the applicable US export regulations and to only carry out the re-export after the US export license has been issued.
§ 14 Applicable Law, Place of Jurisdiction
Austrian law applies. Place of jurisdiction and place of performance is Vienna.
Burde & CO GmbH