1. General Terms1.1 The deliveries, services and offers of LogicLine Europe GmbH (hereinafter referred to as "LogicLine") to the contractual partner (hereinafter referred to as "Buyer") are made exclusively on the basis of these terms and conditions of business. These terms and conditions of business shall therefore also apply to all future business relations, even if they are not expressly agreed again.
1.2 Deviations - in particular, general terms and conditions of business of the Buyer that are different – shall only be effective if LogicLine confirms them in writing.
2. Offer and Conclusion of Contract
2.1 The offers of LogicLine are subject to confirmation and are non-binding. Declarations of acceptance and all orders require written or telex confirmation from LogicLine to be legally effective. The same shall apply to supplements, amendments or subsidiary agreements.
3.1 The prices stated in LogicLine's order confirmation plus the respective statutory sales tax, expenses, fees, levies and other taxes and customs duties in connection with the delivery shall be decisive. Additional deliveries and services shall be invoiced separately.
3.2 Unless otherwise agreed, prices are quoted ex works 7343 Neutal including standard packaging.
4.1 Delivery dates or periods which have been agreed as binding must be in the written form.
4. Time of Delivery and Performance
4.2 If LogicLine is prevented from timely delivery due to disruptions in the operations of LogicLine or its suppliers, unforeseeable events, force majeure or strike, the delivery period shall be extended accordingly.
4.3 LogicLine shall be entitled to partial deliveries and partial services at any time.
5. Warranty and Liability
5.1 If LogicLine's assembly, operating, maintenance or safety instructions are not followed, if changes are made to the products, if parts are replaced or if consumables are used that do not correspond to the original specifications, or if the product is used in a manner other than that prescribed, then the warranty shall cease to apply.
5.2 If the goods are delivered to the customer by a forwarding agent, the customer shall be obliged to unpack the goods immediately and to inspect them for any transport damage, transport defects and transport losses. Any damage or/and defects discovered in this way must then be noted on the delivery note of the forwarding agent, documented photographically if necessary and reported to LogicLine in writing on the next working day, otherwise any rightfully existing claims shall lapse. Hidden transport damage, transport defects and transport losses must be reported in writing within 3 working days following delivery. The customer shall also be subject to this duty of inspection if the product is delivered to a third party in accordance with the order.
5.3 The Buyer must examine the delivered product immediately after delivery or acceptance in detail with the care applicable according to Section 377 UGB (Austrian Business Enterprise Code). Defects other than transport damage, which are to be treated in accordance with point 5.2, wrong deliveries or deviations from the delivery quantity must be reported to LogicLine immediately, but at the latest within seven working days following delivery, stating the type and extent of the defect. Hidden defects must be reported within seven working days of their discovery. If a notice of defect is not made or not made in time (within seven working days), the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to challenge an error due to defects shall be excluded in these cases. For entrepreneurs Section 377 UGB (Austrian Business Enterprise Code) shall apply additionally. The customer shall also have this duty of inspection if the product is delivered to a third party in accordance with the order.
5.4 The existence of a defect does not entitle the Buyer to remedy the defect itself or have it remedied by third parties, but LogicLine must be given the opportunity to remedy the defect within a reasonable period of time beforehand. The respective product must be sent to LogicLine for inspection at the customer's expense. LogicLine shall be entitled to remedy the defect at its discretion, either by improvement or replacement. All warranty claims must be asserted in court within one year of delivery.
5.5 A claim according to Section 933b ABGB (Austrian Civil Code) by the Buyer is waived and is therefore expressly excluded.
5.6 Liability shall be based exclusively on the agreements made in accordance with these general terms and conditions of business. All claims not granted, including claims for damages due to slight negligence, compensation for consequential damage (in particular from interruption of operations, loss of production), loss of profit, savings not achieved, loss of interest, compensation for pure financial losses - irrespective of the legal basis – shall be excluded. Any mandatory claims under the Product Liability Act shall be exempt thereof. The limitations of liability shall not apply in the event of personal injury, gross negligence or intent, whereby the Buyer must prove the existence of gross negligence or intent. Claims for damages shall become statute-barred six months after such damage and the damaging party have become known, in any case three years after acceptance by the customer.
6.1 If LogicLine takes over the work on motor vehicles or trailers and the like (hereinafter referred to as "Vehicles") of the customer for the performance of work (e.g. for assembly work), then the custody of the vehicle shall be free of charge.
6. Acceptance of Vehicles
6.2 The vehicle shall be parked locked on an uncovered place and the customer declares by accepting the contract to be in agreement with this kind of custody.
6.3 With regard to any compensation claims by the customer, Section 5.6 shall apply. In particular, LogicLine shall not assume any liability for the conduct of third parties. There shall be no liability for damage, burglary or theft or for damage caused directly or indirectly by force majeure (such as warlike events, fire, explosion, natural disasters, hail, flooding, failure of technical equipment, strike, civil unrest or interventions by the authorities).
6.4 In addition, all damages must be reported within 30 days, otherwise this right has expired (preclusion).
7.1 The goods shall remain the property of LogicLine until full payment has been received.
7. Retention of Title
7.2 The Buyer shall be entitled to use the reserved goods in a correct and orderly manner, pledging or transfer by way of security is not permitted. The Buyer hereby assigns to LogicLine in full the claims (including all current account balance claims) arising from the resale or any other legal reason (insurance, tortious act) with regard to the reserved goods for the sake of security. LogicLine revocably authorizes the Buyer to collect the claims assigned to LogicLine for its account in its own name. This authorization to collect may only be revoked if the Buyer does not properly meet his payment obligations.
8.1 The buyer will receive an electronic invoice from LogicLine sent to an email address provided by them. In this regard, the buyer waives the option of receiving the invoice through postal mail. The buyer is responsible for ensuring that all electronic deliveries of the invoice via email can be properly received at their provided email address and that technical facilities such as filtering programs or firewalls are appropriately adjusted. Any future change of the email address must be promptly communicated to LogicLine. Otherwise, deliveries to the last email address provided by the buyer will be deemed as received. LogicLine is not liable for any damages arising from potential increased risks associated with electronic delivery of the invoice via email compared to postal delivery. The customer also bears the increased risk of unauthorized third-party access resulting from the storage of the electronic invoice. In relation to any potential claims for compensation by the customer, clause 5.6 applies.
8. Invoice / Terms of Payment
8.2 In the event of default in payment, LogicLine shall be entitled to charge default interest in the amount of eight (8) percentage points above the respective base interest rate from the relevant point in time in accordance with Section 352 UGB (Austrian Business Enterprise Code).
8.3 In the event of default, the Buyer undertakes to reimburse the creditor all charges incurred for the reminder and collection, insofar as these shall be necessary for the appropriate legal prosecution.
8.4 Non-compliance with the terms of payment or if LogicLine becomes aware of circumstances that represent a deterioration in the economic situation shall entitle LogicLine to call in all outstanding claims. Furthermore, LogicLine shall be entitled to carry out outstanding deliveries only against advance payment or to demand other securities from the Buyer.
8.5 The retention of payments due to alleged counterclaims of the Buyer that have not been acknowledged by LogicLine in writing is not permitted, nor is offsetting against counterclaims in this respect.
9.1 LogicLine reserves the right to make changes to the design or technical changes to its products at any time.However, LogicLine shall not obliged to make such changes to products that have already been delivered.
9. Changes of Design
10.1 Unless otherwise agreed in writing, information submitted to LogicLine is not considered confidential in connection with the business relationships.
10.2 Plans, sketches, construction drawings, cost estimates and other documents such as brochures, catalogues, samples, presentations, etc. from LogicLine shall remain Logic Line´s intellectual property. Their use requires the express written consent of LogicLine. The Buyer undertakes to treat all non-public commercial and technical information and details which become known to it through the business relationship as business secrets.
11.1 The Buyer must convince itself that the delivered product is suitable for the specific use.
11. Assembly instructions, safety regulations, loading instructions
11.2 Furthermore, the Buyer undertakes to observe the assembly instructions, safety regulations and loading instructions supplied with the goods and also to ensure that the respective user of the product obtains complete information about the assembly instructions, safety regulations, loading instructions and dangers arising from the use of the product. In the event of a possible resale, the Buyer shall also ensure that these notes and documents are passed on.
12.1 These terms and conditions of business and the entire legal relationship between LogicLine and the Buyer shall be governed exclusively by Austrian law. The UN Convention on Contracts for the International Sale of Goods shall be excluded.
12. Applicable law, place of jurisdiction, place of performance and transfer of risk
12.2 The place of jurisdiction shall be the court responsible for the registered office of LogicLine. LogicLine shall be entitled to also take legal action against the Buyer at the Buyer´s registered office.
12.3 The place of performance shall be Neutal.
12.4 Unless otherwise agreed, LogicLine shall determine the method of shipment, whereby shipment shall be at the risk and expense of the Buyer. Transport insurance will only be taken out on the Buyer's instructions and at its expense. The risk of loss or damage in the case of shipment shall pass to the Buyer at the latest when the goods are shipped.
13.1 LogicLine uses electronic means to inform customers and interested parties, for example, about new developments in the field of load securing, special offers and innovations. Until further notice, customers and interested parties agree to receive electronically transmitted information also for advertising purposes. The revocation can be made simply by mail or by telephone.
13. Other provisions
13.2 Should a provision of these terms and conditions of business or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of the remaining provisions or agreements.
13.3 If the Buyer is a consumer within the meaning of the Consumer Protection Act, the mandatory rights of the Buyer shall not be restricted by these general terms and conditions of business.