General Terms and Conditions

I. GENERAL INFORMATION

1. The following conditions apply also without express mention with verbal or telephonic negotiations to all our contracts – also future - over supplies and other achievements with buyers (trader), if the contract to enterprises of its trade belongs and with legal persons if the public quite or publicly legal special estate.
2. Purchasing conditions of the buyer have no validity, also if we don’t expressly contradict them. At the latest with the receipt of our product and achievements, our general terms of delivery and sales be worth
3. Explanations of and opposite representatives and travelers attain validity only with our written confirmation.
4. The same applies for verbal special agreements and later contract modifications as well as for deviations from these conditions.

II. OFFER and ORDERS

1. Our offers are not-binding.
2. Orders apply only then accepted by us, if they were confirmed in writing by us.
3. Pictures, designs, dimensions, weight and technical data in catalogs and prints are usal approximate values. We reverse ourselves, also after conclusion of a contract to make technical and constructional changes, on the in order given articles and articles which can be manufactured of us.
4. Preliminary cost estimates, designs and other scripts remains our property and are subject of our copyright; they may not be handed out to a third.
   
5. In falls of acancellation of order after a varbal, written or thelephone order we are entitled to charge for the resulted costs until to the cancellation, however at least 25% of the order- hums.
   

III. PRICE

1. Our praises understand themselves net ex factory, however without packaging.
2. We are entitled to make a price-correction, with increase of the material employment-praises and the wages, which occur after sales conclusion and before order execution and affect price-forming.
   
3. Freight-free placed praises applies under the condition of the cheapest way and openly unhindered traffic on the consideration coming course ways, motor roads and water ways. False freight goes to the costs of the buyer. The buyer clings for the propely working condition of the start-strain and drive off-strain to the unloading place, especially for sufficient load-carrying capycity, shut-off positions and clear visibilities.
4. All additional charges, public charges, any again being added steer, freight as well as their increases by which the supply will be concerned indirectly or directly and will be pay duty, are to carry from the buyer, if there are no legal regulations which oppose.
   

IV. TERMS OF PAYMENT

1. As far as the terms of payment not with conclusion of the contract are agreed upon, the modes of payment indicated in our calculation applies as obligatory.
2. The set-off with counterclaim is only permissible, if they are determined undisputed or judicially. The right of the retention from any argument is impossible opposite us. The paymnet obligation develops independently of the entrance of the commodity and without prejudice to right the notice of defect.
   
3. We are not obligatet to the taking in of change and cheques. Credit notes over changes and cheques take place subject to the entrance with validity of the daily, at which we can have the equivalent.
4. All our requirements become independently of the running time immediately due, taken and credited change, if the terms of payment imprisonment for debt are not kept, or circumstances become admints, which are suitbale in our opinium, to reduce the credit –worthiness of the buyer.
5. Detailed payments are booked as first on open demands and reminding expenses from earlier calculation, in our discretion, also, if payment notes should read differently or payment notes are dedication noted.
6. We are also entitled, to emplement still pending supplies only against pre-payment or to withdraw from the contract after appropriate respite or to require because of default compensation. During exceeding of the terms interest will be compute like the respective bank-corroded including commisions for short term credits, but at least interst at a value of 4% about the respective rate of discount.
   

V. RETENTION OF TITLE

1. The supplied commodity is our unrestricted propertz (reservation commodity) and/or applies more extended retention of title in reflect of § 1063 ABGB, until the payment all developing demands also in the future. That applies also, if payments become performed on particularly designated demands. Expires our property because of connection or mixture, thus the buyer transfers us already it being entitled vested titles or or the thing to the extent of the invoice amount of the reservation commodity. It keeps it free of charge for us. The joint ownerships hereby developed are considered as reservation-right in reflect of Abgs. 1.
2. The buyer is allowed to sell our reservation commodity only in the usual course of business. The demands of the buyer from resale of the reservation commodity are surrendered to us already now. The retired demand serves for the safety device at height worth of the in each case sold reservation commodity as well as the respective demand for balance. The reservation commodity is sold by the buyer together with other not us belonging goods, applies the transfer of the demand for purchase price only in the height worth of the reservation commodity, which are part of the sales conntract with these goods or part of the object of the purchase.
3. Becomes the reservation commodity related of the buyer to the fulfilment of a work contract, the demand from the work contract or the contracr for work and materials will be adressed with us to the same extent, as it is intended for the demand for the purchase price.
4. The buyer is however, as long as it follows its liabilities, authorized, to draw in the us retired demand from the further sale; it may not order against it over such demands by transfer. The authorization of the buyer to the introduction of the demand can be recalled at any time by us. The collection power of the salesman remains by the collection authorization of the buyer unaffected. We are entitled after free estimate, to communicate the transfer the garnishee. The buyer is obligated, to give us necessary informations to the asserting our right and to hand out subjects.
5. From a seizure or other impairments by third, the buyer has to inform us immediately. If the value of the for collateral existing our demands altogether around more than 20%, than we are, on demands of the buyer to that extent to the release of collateral, after our choice obliganted.

VI. DELIVERY TIME AND REMARKS OF THE SUPPLIES

1. Times for delivery mentioned are approximate, unless we gave an obligatory assures in writing or expressly. Dates of delivery, confirmed from us, understand themselves to subject unexpected obstacles, which lie out of our influence possibilities, for example operational disturbances, delay of the delivery of substantial raw materials and auxiliary materials, fire or similar disasters, as well as the in time supply of the necessary components. The observance of delivery times also requires that the buyer's payment obligations under our conditions have been met. If out-constant payments from other supplies and achievments of any kind are overdue, then we are entitled to restainable following distribution without further reason up to the payment.
2. With events of higher force we are entitled, to postpone the supply around the duration of the handicap and an appropriate starting time or to withdraw totally or partly from the contract, so far the contract is not yet fulfilled. Strike, lockout or other circumstances, which make it substantially difficult or impossible to supply, stand for the higher force directly.
3. From the excess of the delivery time can be deduced no requirement on compensation. During the excess of the delivery time of more than one month, the buyer is olbligatet to set an appropriate respite for us. The buyer can only withdraw from the contract, if the commodity were not supplied within this respite. Beyond that, requirements for compensation of the buyer because of default or late fulfillment as well as any damages are impossible.
4. The commodity supplied by us takes place nornally without packaging. If these will be desired, we can settle these and after the delivery of the product it turns into to the buyer. The buyer has from this time on as an owner all disposal obligations in accordance with legal regulations. In the case of a cancelling by the salesman, this takes place against payment and a back bringing obligation meets the buyer.

VII. DISPATCH AND PASSAGE OF THE RISK

1. The dispatch success on calculation of the buyer. Conditions of the buyer about mode of shipment and transitperiod are not obligatory for us, however we are endeavored to follow the desires of the buyer so far as possible.
   
2. With the delivery of the commodity at the forwarding agent or the carrier, however at the latest with the leaving of our work, the danger including a seizure turns into to the buyer. We are entitled, however not obligate, to insure all goods against transport damages, debited to the receiver. The buyer has to make the transport damage adjustment.
3. Becomes the ordered commodity after message of the dispatch readiness not accepted, we are entitled, to demand payment. We are entitled to compute the usal couch fees, with default in taking delivery of more than 30 days. With the message the ready for dispatch shank, the danger turns into to the buyer.
4. We are entitled to accomplish partial deliveries. Every partial delivery is considered as an independent business. The unloading of the commodity is part of the buyer and goes to its resting.
   

VIII. DEFECTS AND GUARANTEE

1. For the stipulated condition of the commodity is the time of leaving our work crual. Defects are attached in writing.
2. We carry out for defects on the commodity including the absence of assured self-sheep guarantee as follows: Fans 12 month, dehumidifier 6 months, with observance of the maintenance work prescribed by us. We are entitled, everytime within the guarantee period und without advance notification, to look into the maintenance recorfings, which have you to lead detailed. Also we don’t carry out warranty for possibly arising imbalancenesses on the fan after the start-up and/or generally no warranty, at unstable or not firmly, unsuitable foundations. Our periods of operation for example for ball bearing, drive belt, compensators, engines and so on, are laying out data, but they don’t obligate us for guarantee, exept, they get recognized from our supplier, since it acts with these compnents about wearing parts and buying to go with hurry.
3. Our warranty begins in each case with the invoice date, but at earliest with the day of the transition of guarantee to the buyer.
4. Our warranty engagements are entitled to free replacement und repair. Instead we also can replace the reduction in value after choise. The buyer has to grant us after cheap estimate the necessary time and opportunity to removal the defect. If it refuse, then we are relased from the defects of the warranty. If we pass the posed respite placed by us, without to repair the lack and/or without to supply replacement, than is the buyer allowed to require cancellation of the contract (changing) or to require the reduction of the remuneration (decrease).
5. Our warranty expires, if the buyer implement repairs and/or implement leaves itself or without our permission by third during the guarantee time.
6. Notices of defects don’t entitle to the restaint of the purchase prices or a part of this or to the set-off with counzerclaims. We are allowed to refuse the removal of the lack, as long as the buyer doen´t fulfill his obligation opposite us 100%.
7. Further requirements of the buyer are impossible, in particular a requirement on replacement of damage, which didn’t develop directly on the delivery article. We reject in principle in addition-going requirements of compensation of any kind.
8. We as a supplier don’t know the respective plant concept and the location. Therefore there is, from the plant planner, to prepare the order data at us, so that the system dependent characteristics and locations already be considered, that means that our warranty data refer to individual values and test stand conditions, accordingly the in each case valid standard works and sets of rules. The conversion of operating condition is impossible with given locations.

IX. PLACE OF DELIVERY, AREA OF JURISDICTION AND APLLICABLE QUITE

1. Place of delivery for the supply is Jennersdorf. After our choice is the area of jurisdiction either the court for our register place of business or the court in Graz.
2. In each case we are able to call on the responsible court, without consideration for the hight of the value in litigation.
3. In each case only the Austrian right applies. The application of foreign right is impossible.

X. OTHERS

1. If a part of these terms of sale and terms of delivery should become futile or will become futile, then it does not impair the effectiveness of the other conditions.
   An invalid condition has to be replaced in such a way, as it results from the sense of the other regulations.
   

XI. COMPANY DATAS

FN 109252s LG Eisenstadt UID-Nr. ATU21466802
Bank Burgenland account number 907-132-532/00 BLZ51000
Raiffeisenbank Jennersdorf account number 47.407 BLZ33034