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General Terms and Conditions


friendly-energy e.U.
Unterer Mitterweg 52 | 3495 Rohrendorf / Krems

hereinafter the "supplier".

I. General

1. Unless otherwise agreed in writing, the present Terms and Conditions form an integral part of any offer and any contract conclusion. Deliveries, services and offers of the supplier are based exclusively on these Terms and Conditions and Sale/Delivery Conditions, which in consequence apply also in respect of all future business relations, even if not expressly agreed in the individual case, and even if the supplier's business partner makes reference to its own Terms and Conditions and the supplier does not expressly object thereto. Consequently, Terms and Conditions of the business partner do not place any obligation upon the supplier, even if the supplier does not expressly object to such Terms and Conditions.

2. Deviations from these General Terms and Conditions are only effective if confirmed by the supplier in writing.

3. Declarations of acceptance and all orders must be confirmed in writing by the supplier, in any form whatever (letter, email, fax, etc.), in order to be legally valid. The same applies in respect of additions, amendments and side agreements. Verbal agreements and offers that have not been expressly confirmed are not binding. Offers of the supplier are subject to alteration.

II. Delivery conditions

1. Unless expressly agreed otherwise, the delivery dates and delivery periods as notified by the supplier are non binding. The supplier will endeavour to process and dispatch orders as quickly as possible. If the delivery date is exceeded more than once, the business partner has the right, subject to the setting of an appropriate grace period, to withdraw from the contract. Any entitlement to compensation by reason of non performance or delay on the part of the supplier is excluded. However, both parties have a right of termination 3 months after the original delivery date has been exceeded. Deliveries are not regarded as delayed in cases of force majeure or other unforeseen events. Circumstances that make delivery impossible and which lie outside the supplier's sphere of influence release the supplier from the agreed delivery period for the duration of the prevention.

III. Transfer of the risk

1. The risk is transferred to the business partner as soon as the shipment has been handed over to the person authorised to carry out the transport, or has left the supplier's warehouse for the purpose of dispatch. If dispatch becomes impossible through no fault of the supplier, the risk is transferred upon notification of dispatch readiness to the business partner. After an order has been placed, the supplier is entitled to store the goods ordered at the cost and risk of the business partner, either at its own premises or at the premises of a third party which is professionally authorised for this purpose.


IV. Prices

1. Prices are understood as being in Euros without discount or other deduction, strictly net, inclusive of packaging.

2. The prices as stated in the supplier's confirmation of order are definitive. Additional services provided and goods delivered are charged separately. Any necessary overtime in the event of orders which are expressly designated as urgent by the business partner, or additional costs arising as a result, may be charged separately.

3. The supplier sells the contractual products exclusively at the prices as applicable on the date of the order. If the period between the conclusion of the contract and the agreed and/or actual delivery date is more than 6 months, the supplier's prices as applicable at the time of delivery/provision apply.

V. Payment conditions

1. Unless otherwise agreed, payment is made by cash on delivery, cash payment, credit card or bank transfer. Bank transfers are to be made to the supplier's business account and are not regarded as effected until the amount in question has been finally credited to this account. Cheques and bills of exchange are accepted following special agreement, and only as payment pending full discharge of the debt. Collection costs and discount charges are borne by the business partner.

2. The supplier is entitled first of all to offset payments against any already existing liabilities, even if the business partner has allocated the payment in question to a different item. In the event of delay in payment, interest of 12% p.a. from the due date is regarded as agreed.

3. The business partner is only entitled to offset, retain or reduce any amounts (even if complaints about defects have been made or counter claims asserted) if the supplier has expressly agreed to this in writing or if such counter claims are the subject of a final and conclusive judgement.

VI. Warranty

1. If the delivered item is defective, or if assured characteristics are absent, the supplier will at its choice either replace or repair the item, to the exclusion of any other claims under warranty of the business partner, and in particular to the exclusion of any consequential damages. Repeated repairs are permissible.

2. The warranty period is 2 years as envisaged in § 933 of the Austrian Civil Code [ABGB], starting with the date of delivery. If operational or maintenance instructions for the product are not observed, or if unauthorised modifications or other manipulations are performed on the product, or if parts are replaced etc. with parts which do not conform to the original specification, all warranty claims lapse.

3. Faults are to be reported to the supplier in writing immediately, and not later than within one week following receipt of the item in question. Defects that cannot be detected within this period even upon careful examination are to be reported to the supplier in writing immediately following discovery of such defects. The defective items are to be sent back to the supplier free of charge in their condition at the time of the discovery of the defect, with the original packing being used as far as possible. Any violation of the above obligations excludes any warranty as far as the supplier is concerned.

4. In the event that (repeated) repairs or replacement delivery fail again after an appropriate grace period has elapsed, the business partner can at its choice demand a price reduction or the cancellation of the contract.

5. The warranty does not apply in respect of worn and used parts, which are supplied without any warranty of any kind.

6. Only the direct business partner is entitled to assert claims under warranty, which can only be assigned with the prior agreement of the supplier.

The above provisions contain on a definitive basis the warranty provided in respect of goods and services of the supplier, and exclude any other claims under warranty of any kind whatsoever. Any disassembly and installation costs will not be borne by the supplier.

VII. Limitation of liability

1. Insofar as is legally permissible, the supplier is not liable for damage caused by ordinary negligence on its part or by third parties for which the supplier can be held responsible. Consequently, claims for damages arising from impossibility of performance, culpa in contrahendo, or tortious acts are excluded, both against the supplier and against its agents, except in cases of malicious intent or gross negligence. Vis-à-vis business persons, liability is also excluded in respect of gross negligence.

2. Insofar as is permissible, all claims arising from the Austrian Product Liability Act [Produkthaftungsgesetz] are also excluded.

VIII. Withdrawal (applicable only in regard to consumers)

According to § 5e of the Austrian Consumer Protection Act [KSchG], ordering parties who are consumers within the meaning of KSchG have a period of seven working days within which they can withdraw from any contract concluded at a distance (or any contractual declaration issued at a distance). The period begins upon receipt of the goods at the premises of the consumer. Saturdays are not regarded as working days. It is sufficient if the declaration of withdrawal is sent off within the seven-day period.

IX. Reservation of ownership

1. All goods remain the property of the supplier until all obligations arising from the contract are paid and covered in full, including in particular interest, costs and charges.

2. For the duration of the reservation of ownership the business partner is entitled to dispose of the goods against payment in any ordinary business transaction. The business partner must use the proceeds in the first instance to satisfy the claims of the supplier. Any pledging or transfer of ownership for the purpose of the provision of security is not permitted. The supplier has a right of retention with regard to all receivables that arise or have arisen in connection with the goods. In addition the supplier has a right of lien to the goods in respect of all claims against the business partner. The business partner as of now assigns to the supplier, for the purposes of security, all receivables arising from the resale or arising on any other legal basis (insurance, tortious act, etc.) in regard to the reserved goods.

3. In the event that third parties have access to the reserved goods, the business partner will make reference to the supplier's ownership and immediately notify the supplier concerning such access. Costs and damages are borne by the business partner.

4. If the supplier's (co-)ownership lapses as a result of association, it is as of now agreed that the supplier?s (co-)ownership of the common item is transferred to the supplier on a proportional basis according to the value of the item (accounting value). The business partner will preserve the supplier's (co-)ownership free of charge.

X. Return of items

Delivered goods or parts of goods may only be returned following prior consultation with the supplier. Items that have been returned on the basis of the foregoing contractual provision will only be accepted in the original packing and in perfect condition.

XI. Place of performance, place of jurisdiction

1. It is regarded as agreed that these Terms and Conditions and all legal relationships between the supplier and its business partners are expressly subject to Austrian law.

2. It is expressly agreed that the place of performance for all disputes arising from the business relations between the contracting parties is the court in the City of Krems which is competent to deal with such matters.

3. If individual provisions in these Terms and Conditions or individual provisions in the context of other agreements are or become invalid, the validity of all other provisions or agreements is not affected.