General Trading Conditions
Ensatec Energiespar- und Wassertechnik GmbH
(Ensatec Energy Savings and Water Technologies)

1. Validity

These General Trading Conditions (GTC) are valid for all sales, service contracts and other, ancillary support and services (hereinafter uniformly referred to as deliveries) and for all contracts between us and the customer, thus including follow-up orders, irrespective of whether there are arranged verbally or in writing. Whatever General Trading Conditions may be valid for the customer are invalid unless their validity is expressly confirmed in writing by us. We are thus under no obligation to specifically contradict such GTCs of the customer, in particular delivery by us in no way indicates tacit acceptance of such customer GTCs.
Alterations, additions and subsidiary agreements, as well as verbal statements by our employees are subject to our explicit written confirmation to become legally binding.

2. Ordering

Orders placed by the customer become effective once accepted by us and we have supplied written confirmation to the customer. Delivery of orders placed is also tangible representation of our acceptance.
Placement of an order is binding on the person placing the order for 14 days following receipt of the order by us. In the event that we make an offer to a customer, and the customers fails to accept the offer within 14 days of receipt, the offer ceases to be binding on us.
In the of discrepancies between our written confirmation of an order on the one hand and any other verbal or written statements with respect to offers or acceptance of orders on the other, the text of our written confirmation is deemed valid.
In all cases, good and appliances are delivered, but not installed, by us. It is the responsibility of the customer to arrange for the professional installation and appropriate utilization of our products (in conformity with the relevant operating instructions). Installation may only be carried out by a licensed tradesperson.

3. Prices and Conditions of Payment

The agreed prices are fixed prices and include delivery from the factory. If the customer wishes, delivery can be made to the intended installation site. At all events, deliveries are made to the customer at the latter’s own risk and expense. In no event are we obliged to take out insurance for deliveries. Should a delivery be delayed by force majeure, or by circumstances over which we have no control, for more than two months, we are entitled to adjust the price in accordance with the altered circumstances.
Bills are payable without deductions within 14 days of the date on the invoice if delivery of our products will be made within Austria, otherwise we ask for payment in advance. A bill is considered paid when the entire amount due has been credited to our account. In the event of arrears of payment, the customer is obliged to pay interest for default to the extent of 8 percent per annum above the basic interest rate and to reimbursement of all additional costs including those for legal proceedings. For a reminder of an unsettled account we charge 20.00 Euros plus sales tax at the level currently applicable.
Counterclaims by the customer are inadmissible unless legally valid, or unless we have accepted the counterclaim in writing. The customer is not entitled to withhold payment in the event of claimed liability under the terms of the guarantee or with respect to damages.

4. Delivery and receipt

The customer is entitled, should delivery be delayed by six weeks or more, to withdraw his order, but must first allow us a deadline extension of 14 days for the fulfillment of our obligations. If delivery is carried out in parts, such a withdrawal is only possible with regard to those installments not delivered in time.
The customer is not entitles to claim for damages in respect of delayed deliveries. If implementation of delivery depends in any way on the collaboration of the customer, we are not responsible for delays caused by the failure of the customer to carry out his agreed responsibilities in a timely fashion.
If a delivery is postponed at the customer’s request, warehousing costs will be charged, starting when a month has elapsed from the delivery date originally agreed upon. These costs amount to 10.00 Euros per month or part of a month, plus sales tax. The settlement date for payment remains unaffected by the postponement and we are entitled to render our account.
The customer is in default if, after notification, he fails to collect or accept the goods at the appointed time for whatever reasons. Such a failure does not release the customer from his financial obligations: in addition he is liable to defray any additional costs which may accrue due to non-collection or non-acceptance of the goods.
The customer accepts that risk devolves on him once the goods have been placed in readiness for collection by him or have been consigned to a carrier for transport.
At our discretion we can terminate the contract with the customer with immediate effect in the event of insolvency proceedings being opened against him, or he is shown to lack assets sufficient to cover costs.

5. Reservation of Ownership

Delivered goods remain our property until the full purchase price has been paid and all accessory claims have been met. This applies equally in the event of processing, blending, mixing or combining with other materials belonging to our customer or to his customers. . In such cases, furthermore, the customer transfers all financial claims against his customer to us, and we herewith accept this transfer. The customer commits himself, irrespective of any other indemnity on our behalf, to notify his customer of the reservation of ownership and of the above transfer, and additionally that payment in discharge of debt can be made only to us. We are also authorized to make such notification on our own initiative.
Should claims by third parties be made against goods which are our property, or if insolvency proceedings are instituted with respect to the assets of the customer, or his customer, the customer is obliged to draw attention to our right ownership, and to inform us without delay.
If claims of third parties are made with respect to goods which are our property, or if insolvency proceedings are opened against our customer, or against his customers, the customer is obliged to point out our right of ownership, and to inform us without delay. In the event that our reservation of ownership is asserted, we are entitled – even without declaring our termination of the contract – to recover the goods at the customer’s expense until such time as the contract is fulfilled. In such a case the contractual obligations of the customer are neither annulled nor curtailed. The customer is obliged to facilitate our recovery of the goods.

6. Guarantee

We guarantee that the goods supplied conform to contractual specifications and fulfill the functions agreed upon. Scope and limitations detailed in the operating instructions or in the warranty/guarantee are considered agreed.
Defects occurring and notified during the warranty period will be remedied, at our discretion, either by repair or replacement of the appliance or of the defective part or parts. Fulfillment of our obligations under the terms of the guarantee will be carried out as detailed in section 8 of these general conditions. If the remedial action necessitates the transport of the object to a place other than that specified in section 8, the costs thus incurred must be defrayed by the customer,
who is obliged to co-operate in whatever way may be necessary for remedial action to be carried out, in particular costs incurred during the professional dismantling of the equipment.
Claims made under guarantee are excluded if the customer fails to make a written complaint within 3 days of a defect or damage becoming apparent. Claims are also excluded if the defect or damage is the result of faulty or inadequate installation, operation, maintenance, care, or mechanical damage to the gods caused by the customer or third parties, or if alterations, repairs or similar manipulations have been carried out, or component parts replaced.
These warranty conditions apply equally to spare parts or repaired parts supplied by us under the terms of the guarantee; the warranty period is then six months from such time as the defect is rectified, or from the time when the repaired goods are returned to the customer. The warranty period for component parts unaffected by the defect is not thereby extended. The warranty period is 24 months from the time of the passing of risk as detailed in section 4.

7. Compensation for damages

The customer is entitled to claim compensation for damages from us only in the event of damage resulting from intent or from gross negligence. We compensate the customer only for damage caused directly to the object of the contract, all other damage, in particular indirect damage, personal injury, property damage, or damage resulting from improper handling etc. of the goods, being excluded (cp. Section 6).

8. Legal applicability, place of performance and jurisdiction; consumer protection act

The contract entered into with the customer is subject solely to Austrian law. The applicability of the UN sales law treaty is excluded by mutual agreement.
Place of performance for all our obligations and for those of the customer are our company headquarters. All disputes arising from the contract, its cancellation or invalidity will, by mutual agreement, be referred to the competent court of law in 1010 Vienna.
Disputes can also be referred, at the plaintiff’s wish, to arbitration by the international tribunal of the Austrian Chamber of Commerce in Vienna (Vienna rules) for a binding decision reached by one or more arbitrators appointed in accordance with these rules. Application of Paragraph 595 Abs 1 ZPO is renounced in accordance with Paragraph 589 Abs 2 ZPO.
. If our customer is a consumer in the sense of the Consumer Protection Act (KSchG), these General conditions of trade are valid only inasmuch as they do not conflict with mandatory regulations framed in the KSchG.

9. Miscellaneous

Alterations or additions to the terms agreed are invalid unless formulated in writing. Verbal agreements or contract modifications must be confirmed by us in writing
This also applies to any agreement to dispense with the written form in future. Should individual provisions of these general conditions of trade be, or become, inapplicable, this in no way diminishes the effectiveness of the remaining stipulations.
Instead of those provisions deemed inapplicable, such provisions as most closely serve the economic purpose of the inapplicable provisions shall be considered agreed upon.
All deliveries of written communications of a party to the contract are deemed delivered when sent to the latest known address of the contract partner.

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