1. Universal
1.1 The company ALREMA GmbH (in the following briefly "shop assistant" called) sells and delivers exclusively to her following terms of sale and terms of delivery. Herewith to differently being general terms of business of her customers is expressly contradicted. Compared with businessmen explanations, assents and divergent arrangements for legal security reasons are obliging only if they are closed in writing. These terms of sale and terms of delivery are valid - as long as they are not changed or are substituted - as frame arrangements also for all other legal shops between the parties to a contract.
1.2 These terms of sale and terms of delivery are valid from now on.
1.3 These terms of sale and terms of delivery are valid for all between the shop assistant and her customers for concluded contracts, no matter whether these enterprisers or consumers are. The special regulations which are explained in the following in each case separately are valid for contracts between us and consumers partly.
1.4 The shop assistant keeps to himself construction and format changes, as well as changes in colours, specifications and technical signs, without previous notification before. Divergences of pictures and descriptions are possible in the course of the advancement without previous announcement. For misprint no liability is assumed.
1.5 Offers of the shop assistant always get on not-binding. The buyer is bound to his Kaufanbot. The shop assistant is to be transmitted not obliged to the buyer a receipt for the purposes of §10 ECG. Orders are valid only as accepted when they are confirmed by the shop assistant in writing (confirmation of order) or which is delivered ordered product. If the written confirmation deviates from the order, the contract with the contents of the confirmation of order comes about. If the buyer has announced to the shop assistant an e-mail address, explanations of the shop assistant are valid to the buyer also as "written" for the purposes of these terms of sale and terms of delivery if they are sent by e-mail to the address given by the buyer. Vice versa the explanations of the buyer which this sends by e-mail to the shop assistant are also valid as "written" for the purposes of these sales and songs terms.2. Contract conclusion and extent of the delivery
2.1 With the order of a product the customer explains obligingly the ordered product to want to acquire.
2.2 A contract comes if nothing else agrees, with the written purchase or or the delivery of the ordered product, the purchase or is decisive for the extent of the delivery. If the buyer does not require expressly a purchase or, the sent or attached invoice is valid at the same time as a purchase or.
2.3 If Umrüstsätze, equipment or other shares are delivered on account of unclear, wrong or incomplete specifications wrong or incompletely, the customer bears the whole risk. Compensation claims are excluded of every kind.
2.4 The prices in our circulars, announcements, price lists or in the specifications belonging to the offer are non-binding, as far as they are not called in the purchase or expressly by the manager obliging.3. Delivery and delivery deadlines
3.1 Delivery deadlines are obliging only if they are agreed in writing. Force majeure, strikes, lockouts, operational disturbances and from the shop assistant non-supply to be represented by suppliers do not extend the delivery time for the duration of the impediment. The precalled circumstances are not to be represented by the shop assistant also if they appear during an already being default. If the delay in delivery of the shop assistant is to be represented, the buyer is entitled only to the resignation when he has put before an extension of at least three weeks to the shop assistant and has spread this extension unused.
The shop assistant follows to his liability of delivery by the fact that he hands over the product to a forwarding agent, carrier or a person otherwise certain for the sending. The Gefahrtragung on the client goes over in it. An insurance of the consignment follows only on account of a separate written arrangement in particular cases and exclusively at the expenses of the buyer. Compensation claims from a late or defective delivery are excluded. Delivery deadlines are valid as kept if the product has left our company or is ready to the collection.
The forwarding expenses go to costs of the buyer.
Part deliveries are allowed.
3.2 The duty of delivery of the shop assistant rests, as long as the buyer is with a due payment in default. The shop assistant is entitled before the delivery an adequate protection after his judgement – to demand in particular also payment in advance and guarantee–. If the protection is not produced by the buyer in time, the shop assistant is entitled without withdrawing other extension from the contract.
For the case of the resignation the shop assistant has to desire the choice of the buyer lumped everything together damages at the rate of 30% of the gross invoice amount or the substitute of the really resulted damage.3.3 If the buyer has not agreed on the product as assumed (acceptance default), danger and chance on the buyer go over and the shop assistant is after fruitless extension settlement the product either entitles to store and to charge for a storage fee of 0.1% of the gross invoice amount per started calender date the buyer for this, or to store the product at the expenses of and danger of the buyer with a Gewerbsmanne authorised to it. At the same time the shop assistant is entitled either to exist on completion of contract, or to withdraw after settlement of adequate at least two weeks of comprehensive, extension from the contract. For the case of the resignation the shop assistant of the buyer can desire lumped everything together damages at the rate of 30% of the gross invoice amount or the substitute of the really resulted damage.
3.4 The dispatch kind is determined by us. We cannot assume a liability for the inquiry of the most favorable dispatch way. If the transport of the product is delayed without our fault, the product camps down at the expenses of the buyer. As a proof of a proper sending of the product the reception receipt of the respective transportation company is enough.
3.5 The dispatch follows if not expressly agrees differently in writing, only by cash in advance.
3.6 Damaged product is to be taken with the transportation company only when the damage has minuted by the transportation company and has been recognised. Damage reports must be given to the delivery agent or the shop assistant within 6 days after delivery in writing. Being absent certificates must be demanded in addition within 6 days after delivery. The buyer has to carry the damage originating out of this on nonobservance.4. Retention of title
4.1 The shop assistant reserves himself the property in the goods sold by him as well as in all built-in accessories and spare parts up to the entire payment to him on account of the contract to being entitled demands. If the buyer is a businessman and covers he the product within the scope of the company of his commerce, there serves the retention of title of the protection of all demands which are entitled the shop assistant against the buyer from the business relations with him. The buyer has to call to the shop assistant on demand his (n) buyer and to inform this (n) on time from the assignment. If the buyer is with his payments towards the shop assistant in the default, the sales revenues coming by him are to be separated and the buyer holds this only in the name of the shop assistant. Possible claims against an insurer are resigned to the buyer in the borders §15 Insurance Contract Law already now to the shop assistant.
4.2 With behaviour contrary to the contract of the buyer, in particular with default, the shop assistant is entitled to withdraw from the contract and to require the publication of the goods standing under his retention of title. The buyer can resell the product within the scope of a proper business enterprise. The buyer resigns the demands from the resale of the reservation product already now with all ancillary rights to the shop assistant. The buyer is, as long as he follows to his bills of debt towards the shop assistant properly, authorises to draw these demands for the invoice of the shop assistant. If the collection authorisation recants, the buyer is obliged to make everybody the move essential informations to the shop assistant and to hand over bases.
4.3 With seizure of the reservation product or other interventions of third in the property right of the shop assistant this is to be informed of the buyer immediately. The costs of necessary interventions for the protection or rescue of the property of the shop assistant are to be born by the buyer.
4.4 In the assertion of the retention of title by the shop assistant a resignation of the contract is given only if this is expressly explained. With goods taking back the shop assistant is to be settled entitled to the buyer attacked transport and manipulation business expenses.
4.5 The buyer bears the full risk for the reservation product, in particular he carries the danger of the setting, the loss or the deterioration.5. Prices and terms of payment
5.1 The dispatch follows exclusively against cash in advance. The prices of the shop assistant get on as end user's prices incl. the lawful one. VAT, excluding forwarding expenses, customs, packing charges and insurance. If forwarding expenses result, because the customer a sending of the product desirably, he has to carry the forwarding expenses. In case of a cancellation by the customer this also has to bear the back end costs.
5.2 Default - in case of a default we are to be settled constrainedly 5% about the gross total as a Mahnspesen. In addition, the customer has to substitute for the concerning this originating reminding and for collection business expenses, in particular the expenses of the intercalation of a sollicitor. The customer has to carry substitute with the expenses for the bringing into play corresponding to purpose of the demand for necessary performances. The reminding and collection business expenses are directed after the legal calculation clauses applying for the collection institutes, the reminding and collection business expenses of the sollicitors are directed after the sollicitor's rate. Moreover, in case of the default the shop assistant is entitled to ask in each case calculated from the day following the day of maturity, default and interest interest of 1% in each case of the gross total by month.
5.3 In case of a cancellation 25% of the total as well as originating treatment expenses are settled.
5.4 Orders especially on customer request, provided that with order not storing, are to be excluded from the cancellation.
5.5 All expenses originating to the shop assistant must be refunded by the buyer completely.
5.6 With the appearance of a new price list of the shop assistant all preceding price lists lose her validity. The prize education follows to the price list valid during the day to the arrangement of the shop assistant. Nevertheless, the shop assistant can require a prize adaptation according to the rise of the expense factors if lie between contract conclusion and agreed delivery time more than four weeks. Especially agreed offers, prices and discounts are valid only for the respective single order and have no subsequent effect.
5.7 The ordered goods are due for payment within 14 days, in each case from the dispatch of the purchase or calculated.
5.8 Payment orders, cheques or changes are accepted only according to the special arrangement and only payment-half and all collection and discount business expenses go to costs of the buyer.
5.9 A right of retention or compensation right on the part of the buyer is excluded, unless the counterclaim of the buyer is expressly recognised or is ascertained legally. Demands against the shop assistant may not be resigned without his explicit approval.6. Guarantee / shortage Rugen
6.1 Objections because of evident, with orders among businesspeople also of recognizable shortages, must be immediately informed, at the latest however, within a calendar week after purchase, the shop assistant in writing. If this does not happen, claims are excluded on account of these shortages against us. The timely sending of the written notice of defect is enough.
If the presentation of a shortage is claimed the buyer, resultant claims can be asserted from it, in particular because of guarantee or damages, only if the buyer proves that the shortage already existed at the time of the delivery of the product; this is also valid within the first six months after delivery of the product.
6.2 From guarantee promise of manufacturers no independent liabilities can be derived towards the shop assistant. The legal guarantee rights of the buyer remain untouched of it.
6.3 The warranty period amounts – untill for single products longer warranty periods are agreed with the buyer – one year from handing over of the product with new goods. Compared with businesspeople the warranty period amounts for used and new goods a year from handing over of the product. The liability of the shop assistant to the guarantee goes out, in any case, with expiry of the warranty period; an in addition going special intervention of the buyer according to §933b ABGB because of self-full guarantee duties is excluded.
6.4 The guarantee is excluded under the following circumstances:
- With the goods which changes from foreign side were worked on or shortages were removed without approval of the shop assistant, unless, the buyer proves that the shortage is not to be led back causally on the change, treatment or the shortage.
- If the installation is carried out by goods beyond an authorised professional workshop, unless, the buyer proves that the shortage is not to be led back causally on the installation.
6.5 Defective product is to be sent back by the buyer at own expenses to the shop assistant.
6.6 Guarantee claims of the buyer are to be fulfilled in all cases after choice of the shop assistant either by exchange, repair within adequate period or prize decrease, the buyer can desire only change (contract abatement) if the shortage is essential, is not remediable by exchange or repair and prize decrease is not reasonable for the buyer.
6.7 Shortages of a share of the delivery entitle the buyer neither to the objection of the whole delivery nor to the retention of the whole remuneration. If only shares of a delivery fall short, the shop assistant can make the repair or spare delivery concerning these shares of the previous payment of that interest of the whole purchase price dependent which contains the defective share of the delivery.

6.8 The shop assistant, for whatever legal reason, does not stick for all disadvantages and damages which originate from it or are influenced that the buyer has not noticed product descriptions, instructionss, installation instructions and other tips of the shop assistant and/or manufacturer or has pointed out other buyers not enough.
6.9 Competitive vehicles or there used shares and machines are excluded from the guarantee.
The shop assistant no liability takes over 6.10 For at most necessary in connection with an object of purchase a registrations of every kind. Guarantee claims, claims for compensation and other claims against the shop assistant because of possible absence of registrations are totally excluded. It is incumbent alone upon the buyer to obtain at most necessary registrations of every kind at own expenses independently.
6.11 Our liability – for whatever legal reason – is limited to damages which we or our fulfilment facilities have caused deliberately or roughly negligently. In cases slight negligence all claims for compensation are excluded against the shop assistant.
The injured person has to prove the presentation of intention or at least culpable negligence. The period of limitation of claims for compensation amounts three years from transfer of perils. In these sales terms and delivery terms to contained or otherwise agreed regulations about the damages are valid also if the claim for compensation is asserted beside or instead of a guarantee claim.
Recourse claims for the purposes of §12 of product liability law are excluded, unless, the recourse person entitled proves caused that the mistake in the sphere of the shop assistant and from this at least largely negligently has been got into debt.
6.12 Some articles are not admitted according to ROAD TRAFFIC LICENSING REGULATIONS. Should the buyer neglect to find out from that point of view enough with the shop assistant no liability is assumed on the part of the shop assistant.

7. Duty of care
The buyer has to take of it care that all changes and Umrüstungen are registered in his vehicle if it takes part in the public transport after the legal regulations on his vehicle papers (vehicle registration document and vehicle light). The buyer must bring forward the vehicle if necessary with the technical supervision association (safety standards authority). The responsibility for the safety standards authority registration of converted vehicles or their shares lies with the buyer.

8. Goods takings back and back deliveries
8.1 The goods taking back follows only after explicit licence through us. The return is to be carried out, in any case, freight-free. With goods takings back/-sendungen the customer sticks for the flawless packaging of the product. Damaged or not flawless product is excluded from the return. Were without original packaging cannot be credited.
8.2 A goods credit follows only after detailed audit of the sent back product and by our approval this to take back. All the other shares are excluded from the taking back. However, in case of a taking back 25% of the commodity value are charged to the buyer at least 18.00 euros for the restorage. Were with a net commodity value less than 50.00 euros are not taken back basically for a goods credit.
8.3 The taking back of singles and Sonderanfertigungen, as well as from shares without safety standards authority, is excluded. The shares which are not registered by the safety standards authority, although a safety standards authority certificate exists (there to themselves the safety standards authority regulations partly several times change) are not taken back. Special offers and specials are excluded from the taking back.
8.4 Compared with commercial businesspeople (resellers) the taking back is excluded from shares of every kind. If of a taking back is agreed by the shop assistant, 25% of the gross total are settled as damages.

9. Jurisdiction and legal choice
9.1 For all litigations from or in connection with the contracts between the shop assistant and businesspeople, as well as between the shop assistant and people who do not have her residence or her usual place of residence in the area of application of the Austrian civil process order jurisdiction is the seat of the shop assistant.
9.2 The legal relations between the shop assistant and the buyer from or in connection with this contract are subordinate to the right of the federal republic Austria to the exclusion of the UN-purchase right and to the exclusion of reference norms.
9.3 The only Vertragssprache is German.

10. With invalidity of single regulations of these sales terms and delivery terms the effectiveness of the remaining conditions is not touched. Instead of the ineffective conditions that is valid as agreed which corresponds to the sense and the purpose of the ineffective condition.

11. Address changes – The buyer is obliged to announce changes of his residential address or business address to the shop assistant, as long as the contract-concrete act of legal significance is fulfilled not mutually. If the communication omits, explanations are also valid as the buyer shut, if they are sent to the address announced last.

12. The buyer commits himself that all dates stated with the order of the truth correspond. For a default of this arrangement the shop assistant can require damages for the damage resulted to him.

Changes and misprints reserve.

Explanation to links / to continuing side elements:

With the judgment from the 12th of May, 1998 the regional court has decided Hamburg that the contents of the linked side if necessary with are to be answered by the fixing of a link. This can be prevented - according to the regional court - only by the fact that one expressly dissociates himself from these contents. We have laid on different sides of this homepage links to other sides on the Internet. Is valid for all these links: We would expressly like to stress that we have no influence on the creation and the contents of the linked sides. Herewith, therefore, we expressly dissociate ourselves from all contents of all linked sides on this homepage and their contents zueigen do not make us. This explanation is valid for all links right on our side, as well as sides which are called on by web rings or visitors' book entries.