GENERAL TERMS AND CONDITIONS ALPINA | Caldoro GmbH

 

1. General

 

These General Terms and Conditions (GTC) form the basis of all contracts concluded with Caldoro GmbH, 6330 Kufstein, Gewerbepark Süd 5, (hereinafter referred to as Caldoro). These General Terms and Conditions therefore apply to all offers, deliveries and services of Caldoro GmbH. Any terms and conditions of the contractual partner which conflict with or deviate from our General Terms and Conditions shall not be recognised by us unless we have agreed to these amendments in writing. Actions of contract fulfilment on our part shall not be deemed to be consent to the contractual conditions deviating from our General Terms and Conditions in this respect. The General Terms and Conditions shall also apply as a framework agreement for all further legal transactions between the contracting parties. Amendments or cancellation of these General Terms and Conditions shall only be effective if and insofar as we expressly confirm this in writing. This shall also apply to the delivery of any written agreement.

 

2. Quotations and Conclusion of Contract

 

a) Quotations from Caldoro are non-binding unless otherwise stated in writing. Cost estimates are without guarantee of completeness and correctness. We would like to point out that our service staff, field staff and sales partners are only authorised to transmit customer information to us.

 

b) The customer's order constitutes a binding offer. Orders received by us shall not become binding until a written order confirmation has been issued. Subsequent contract amendments require our written confirmation in order to be legally effective.

 

c) Should the purchase costs of Caldoro increase between the order and delivery, we shall be entitled to adjust the price accordingly following written notification. The purchaser has the right to cancel the order within eight days of receipt of the written notification. Caldoro reserves the right to send the delivery at the originally agreed price within eight days after cancellation of the order.

 

d) Conditions and discounts may also be changed by Caldoro in the course of a calendar year.

 

3. Delivery and Delivery Periods

 

a) The dates and deadlines stated by Caldoro are non-binding, unless expressly agreed otherwise in writing. Agreed delivery periods only begin to run on the day on which Caldoro and the customer agree in writing on the subject and scope of the order and the written order confirmation has been sent to the customer. If the execution of the order is dependent on the submission of the customer's own documents as agreed, any delivery period can only begin when all documents have been received from the customer in full.

 

b) If delivery by Caldoro has been agreed, the purchaser is obliged to take delivery of the goods at the agreed place in person or through a suitable agent. If the buyer does not receive the goods in the manner agreed, Caldoro is entitled to unload the goods at the place of delivery. The risk of accidental loss or accidental deterioration shall pass to the purchaser at the time of proper delivery.

 

c) If Caldoro is unable to retain the agreed delivery period due to circumstances beyond its control (e.g. force majeure, war, official intervention, delay in transport or transport damage, unforeseeable supplier failures, shortage of energy or raw materials, dispute, etc.), the delivery period shall automatically be extended by the duration of this event. The Buyer shall not be entitled to derive any claims whatsoever from the automatic extension of the delivery period. In the event of a permanent impediment to delivery, Caldoro shall be entitled to withdraw from the contract.

 

d) Notwithstanding the above provision, a default on the part of Caldoro shall require a prior reminder from the Buyer and the expiry of a reasonable grace period. Only then shall the customer be entitled to withdraw from the contract.

 

e) The purchaser may only withdraw from the contract within the framework of the statutory provisions if Caldoro is responsible for the delay in delivery through gross negligence or intent. A change in the burden of proof to the disadvantage of the purchaser is not associated with this provision. Any compensation is limited to the value of the goods ordered.

 

f) Caldoro is entitled to make partial deliveries as far as these are reasonable for the buyer.

 

4. Dispatch

 

a) The costs and risk of shipment shall be borne by the customer.

 

b) The risk shall pass to the customer as soon as the consignment has left the delivery warehouse.

 

c) It is also possible to take out transport insurance if requested in writing and at the customer's expense.

 

5. Notice of Defects

 

a) Any purchase is a commercial transaction for both parties to the contract, and the customer must notify us in writing within a reasonable period of time of any defects in the goods which he has ascertained or should have ascertained in the ordinary course of business by examination after delivery.

 

b) If the customer fails to notify us in writing, he may no longer assert claims for warranty, damages or errors concerning the condition of the goods.

 

c) Notices of defects are inadmissible if the goods are no longer in the hands of the customer. The customer is therefore obliged to ensure that the goods are temporarily stored.

 

d) Notifications of defects are to be sent to Caldoro exclusively in written form. An adequate description of the defect must be submitted, including the serial number of the device and the corresponding copy of the invoice. Only after Caldoro has acknowledged the defect in writing and assigned a complaint number may a defective device or the defective parts of the device be sent to Caldoro.

 

e) The defective goods complained of must in any case be returned to Caldoro immediately in accordance with point 7. h). Acceptance of the goods complained about by Caldoro or discussion of the goods complained about shall in no case be regarded as an acknowledgement by Caldoro.

 

f) The customer may demand subsequent deliveries of defect-free goods against return of the defective goods. Any further warranty claims for refilling, reduction of the purchase price, withdrawal or damages are excluded, unless the subsequent delivery does not take place despite setting a reasonable grace period of at least six weeks, has failed twice, has been seriously and finally refused by the customer or is unreasonable for the buyer.

 

g) In the event of unjustified complaints, Caldoro shall be entitled to charge a lump sum for the inspection of defects, shipping and handling costs.

 

6. Warranty

 

a) Caldoro warrants that the goods sold by it correspond to the stipulated or usually assumed characteristics. Rectification or replacement of defective parts shall be carried out by Caldoro production. The customer is obliged to inspect the goods upon acceptance or to have them inspected by an authorised representative and to notify Caldoro of any defects within a reasonable period.

 

b) The warranty period for defects notified in due time is twelve months and begins with the delivery of the goods to Caldoro or with delivery to the carrier. In the event of a delay in collection by the customer, the warranty period begins when the goods are made available at the business premises of Caldoro GmbH.

 

c) The warranty does not cover damage or defects resulting from improper connection, improper handling, attempted repairs by persons not authorised by Caldoro or failure to observe the instructions for use. Particularly, if Caldoro's operating or maintenance instructions are not followed or consumables (cleaning/descaler/water filter, etc.) are used which do not correspond to the original specifications, any warranty claim shall also be void. Wear parts (e.g. seals, grinding discs, valves, etc.) are excluded from warranty claims. Damages caused by foreign bodies in the grinding plants (e.g. stones, wood, paper clips, etc.) are also excluded from warranty claims.

 

d) The customer can demand improvement (rectification or supplement of the missing item), replacement of the item, a reasonable reduction in payment (price reduction) or cancellation of the contract (annulment) for defective goods. Initially, the customer can demand the improvement or replacement of the goods, unless the improvement or replacement is impossible or would involve a disproportionately high expense for the supplier compared to the other remedy. Replaced parts become the property of Caldoro.

 

7. Price, Delay and Compensation

 

a) All prices stated in brochures, offers, price lists, invoices etc. are quoted ex warehouse, in Euros, plus value added tax at the applicable statutory rate, packaging costs, shipping, loading and transport costs as well as any transport insurance. Unless otherwise agreed in writing, the price valid on the day of delivery according to the price list shall apply. This also applies to orders without a quotation. If the customer subsequently requests changes, the price shall change accordingly insofar as Caldoro accepts these changes.

 

b) Payments must be made within 14 days of receipt of the invoice without deduction and are due after expiry of the deadline. The invoice date and receipt of payment on the business account of Caldoro GmbH are decisive for the payment period.

 

d) Payment notifications on transfer documents have no legal status.

 

e) Cheques and cash are not accepted as means of payment.

 

f) Caldoro is entitled to charge 10 % interest on arrears starting from maturity in the case of delay of payment from the buyer.

 

g) The customer can only make a deduction against claims of Caldoro if the customer's claim is undisputed or has been legally established. The customer has no right of retention vis-à-vis Caldoro.

 

h) Minor defects which do not significantly impair the use of the goods do not entitle the customer to withhold the remainder of the purchase price. The purchase price is also due in full in this case. All expenses incurred by the delay in payment, such as reminder costs, collection costs, extrajudicial intervention, storage costs, etc. are to be reimbursed by the customer.

 

i) General business hours are Monday to Friday: 08.00-17.00

Working time and travel allowances surcharges:

Monday to Friday: from 17.00 to 08.00 50% surcharge.

Saturday: 50 % surcharge.

Sundays and public holidays: 100% surcharge.

 

8. Retention of Title

 

The following rights shall be granted to Caldoro until all claims which Caldoro has against the customer and its group companies now or in the future on any legal grounds have been satisfied:

 

a) All goods shall remain the property of Caldoro until full payment has been received (hereinafter referred to as "reserved goods").

 

b) The Customer shall keep the reserved goods of Caldoro in safe custody free of charge and treat them with care.

 

c) Pledges or transfers by way of security are inadmissible. The buyer hereby assigns to Caldoro in full the claims arising from the resale or any other legal reason with regard to the reserved goods. Caldoro accepts the assignment. For this purpose, the customer shall provide Caldoro immediately and unsolicited with a copy of the invoice with all sales conditions and data of the buyer. Caldoro revocably authorizes the customer to collect the claims assigned to Caldoro for its account in its own name. Notwithstanding Caldoro's right of revocation, the direct debit authorisation shall become ineffective if one of Caldoro's claims against the customer has not been fulfilled after the due date.

 

9. Damages

 

a) Any claims for damages shall be limited to the amount of the agreed net purchase price.

 

b) Liability is generally excluded for indirect, immaterial damages, consequential damages and financial losses.

 

c) No liability shall be assumed for loss of profits, loss of interest, damage due to interruption of operations, damage due to loss of data and damage due to claims by third parties.

 

d) Liability is further excluded in the event of non-compliance with the assembly, installation and maintenance instructions and operating conditions as well as breach of the contractual warning obligation according to § 1168a ABGB.

 

e) The exclusion of liability does not apply to personal injury and claims arising from product liability.

 

10. Contractual Penalty

 

If the customer unjustifiably withdraws from the contract, the parties to the contract agree by mutual agreement to fix a contractual penalty in the amount of 50% of the order value.

 

11. Exclusion of Error

 

A legal challenge on the grounds of error is excluded by mutual agreement.

 

12. Applicable Law, Place of Jurisdiction and Partial Invalidity

 

a) These terms and conditions and the entire legal relationship between Caldoro and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

b) Place of jurisdiction is A-6330 Kufstein.

 

c) The exclusive jurisdiction of the District Court of Kufstein is agreed for all disputes between Caldoro and the customer arising from a legal relationship on which these terms and conditions of sale and delivery are based.

 

13. Transfer Charges/Test Machine

 

If a purchase is not concluded after a test period, the customer will be charged a daily rental fee of € 19.00 net per day and a usage fee of € 0.80 net for each product. The costs for assembly and disassembly of the machine will be invoiced on a time and material basis.

 

14. Privacy Policy

 

The customer/interested party gives his express consent until revocation that his data contained in the purchase contract/in the invoice/offer, namely company, position, name, address, e-mail and telephone of Caldoro, for the purpose of sending information about the products, services and events of the above-mentioned company may be stored, processed and transmitted with automated support. The revocation must be made in writing to Caldoro GmbH, Gewerbepark Süd 5, 6330 Kufstein, Germany, or by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

15 Severability Clause

 

Any invalidity of individual provisions shall not affect the validity of the remaining provisions. An invalid provision shall be concluded by a valid clause that comes closest to the invalid provision.

 

16. Written Agreement

 

Amendments to these terms and conditions of sale and delivery must be made in writing. This shall also apply to the termination of the written agreement.

Caldoro GmbH

Gewerbepark Süd 5,
6330 Kufstein, Austria

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.caldoro.com

Tel. +43-5372-61100
Fax +43-5372-61100-90

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Although we make every effort to ensure the information on our web pages is accurate and complete, we cannot guarantee this and are not responsible for any errors and omissions.

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