General Terms and Conditions
1 General and scope of application, Buildtelligent’s GTC are part of the contract1.1 The following General Terms and Conditions of Buildtelligent GmbH are hereinafter also referred to as “GTC of Buildtelligent GmbH” for short. Buildtelligent GmbH is also referred to below as “BTG” for short. Each supplier, customer, ordering party and contractual partner shall hereinafter be referred to as “Customer” for short.
1.2. BTG’s GTC apply to all pre-contractual and contractual relationships, to all deliveries and services and to all contracts with BTG, in particular to purchase contracts and to the sale of goods in BTG’s web store. BTG’s General Terms and Conditions are part of the contract. Every customer of BTG, in particular entrepreneurs and merchants, expressly acknowledges and accepts that every order and every conclusion of contract and business transaction is based on the present BTG GTC when contacting BTG, but in any case when placing an order. Any other terms and conditions of the customer shall not apply, even if BTG does not expressly object to them. Provisions and amendments deviating from BTG’s GTC shall only apply if they have been expressly negotiated, drawn up in writing and signed by all contracting parties. In case of doubt, the GTC of BTG shall apply in the respective valid version.
2. offer and order2.1 The products, product information and texts presented in the online store are non-binding information and do not constitute a binding offer.
2.2. BTG’s General Terms and Conditions apply to all offers. BTG’s offers are subject to change, unless a written confirmation of the binding nature of the offer is issued. All telephone, letter, fax and web orders are only binding for BTG when they have been confirmed in writing (order confirmation). If BTG’s correspondence, in particular the order confirmation, deviates from the order, the customer is obliged to raise an objection in writing, stating the reasons, within 48 hours of receipt of the deviating correspondence at the latest. Every order placed by the customer represents a binding offer to BTG to conclude a contract.
2.3. When ordering in the online store, the customer submits a legally binding offer by clicking on the button “Order with obligation to pay”; this order is confirmed immediately after receipt by us with an e-mail.
2.4. BTG will inform the customer if possible if no goods are available, there is no obligation to do so. The purchase contract with BTG is also concluded by sending the ordered goods to the customer. BTG always endeavors to process all customer orders as quickly as possible.
2.5. Prices are subject to change between order and delivery, even in the case of fixed price agreements, in particular if duties, taxes and fees or raw material and transportation prices change. Unless otherwise agreed in writing, prices are valid for 30 days.
3. goods and technical advice
3.1. In principle, the quality of the goods shall only be the quality described in the product descriptions and specifications. BTG is expressly not responsible for these. BTG purchases the goods itself. BTG’s verbal and written advice on technical applications is given to the best of its ability, but is only non-binding and does not release the customer from the obligation to check the suitability of the goods for the intended processes and purposes. When using the delivered goods, any third-party property rights must be observed.
4. delivery times and delivery quantity, acceptance and delivery stop, delivery and shipping costs
4.1. The agreed or stated delivery times apply subject to force majeure, shortage of raw materials and delivery delays or delivery hindrances for which BTG is not responsible, such as in particular operational disruptions of BTG’s producers and suppliers, fire damage, official measures, unavailable transport space, lack of raw materials, machine failure and any other causes that are independent of our will, which reduce, delay, prevent or make unreasonable the production, dispatch, acceptance or consumption. If an agreed delivery period is culpably exceeded, default in delivery shall only be deemed to have occurred after a reasonable grace period has been set. Compensation for damages due to delay in delivery through no fault of our own cannot be claimed. If a specification of the customer is required for a delivery, the delivery period shall only commence upon written notification of the specification. BTG is entitled to make partial deliveries. Exceeding or falling short of the ordered quantity by up to ten percent for reasons of transportation conditions or capacity of the receptacles and containers shall be deemed to be in accordance with the contract and shall be accepted. The price will of course be adjusted downwards or upwards according to the quantity delivered.
4.2. Every customer must accept the ordered goods and make provisions for this. In the event of default of acceptance, all expenses, costs and damages incurred by BTG shall be reimbursed.
4.3. BTG is entitled to suspend deliveries and stop existing delivery obligations if the customer liable to pay is more than four weeks in arrears with the payment of an invoice.
4.4. The current delivery and shipping costs are agreed on a case-by-case basis. If no individual agreement is made, the current delivery and shipping costs listed in the online store shall apply.
5. shipping and transportation
5.1. In the case of shipment, the risk of loss of or damage to the goods shall pass to the customer (buyer) upon dispatch, even if the shipment is paid for by BTG. Breakage and transportation risk shall be borne by the customer.
6. withdrawal policy and right of withdrawal for consumers and consumers
6.1 Customers who are consumers have the right to withdraw from the purchase contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. To exercise the right of withdrawal, the customer must notify Buildtelligent GmbH, FN 540937 x, Vienna Commercial Court, address: Lemböckgasse 47, 1230 Vienna, Tel: +43 (1) 81 70 377, Mail: office@buildteligent.com of their decision to withdraw from this contract. The declaration of revocation is generally form-free, but it is recommended that you proceed in accordance with the revocation form on the website http://www.buildtelligent.com. The purchase price will be refunded step by step against return of the new, undamaged goods. The costs for the return shipment shall be borne by the customer. In the case of damaged goods or goods impaired by signs of use, the customer must pay a reasonable compensation for the reduction in value, provided that this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods. The same applies if accessories or parts are missing when the goods are returned.
7 Due date and payment
7.1. Each invoice must be paid promptly. Payments shall only be deemed to have been effected when the amount has been finally and irrevocably credited to an account of BTG. If several invoices are due, incoming payments shall first be used to settle the oldest debt.
7.2. In the event of late payment, BTG is entitled to charge twelve percent interest on arrears per annum. The assertion of higher default interest is possible. In the event of default of payment, all other outstanding claims, including those arising from bills of exchange, shall become due immediately, irrespective of their expiry date.
7.3. Irrespective of this, BTG shall be reimbursed for all disadvantages, expenses, damages and costs of any kind arising from or in connection with the default in payment within 14 days of the request; this applies in particular to all collection, legal, arbitration and court costs.
7.4. In case of default of payment BTG is also entitled to stop or suspend deliveries or to make them dependent on the provision of securities or to make them only against cash on delivery. The same applies if there is a significant deterioration in the financial circumstances of the customer or contractual partner or if circumstances only become known after acceptance of the order which could impair secure payment of the delivery. In all these cases BTG reserves the right to make use of its retention of title and for this purpose to take back the goods still available from the customer or contractual partner. The extended and prolonged retention of title is expressly agreed.
8. defects and damage to deliveries, complaints, notices of defects and objections
8.1. All goods must be inspected by the customer or have them inspected immediately. All deliveries that are dispatched by the post office or a parcel service must be checked immediately, whereby externally recognizable defects and damage must be reported immediately in writing to the post office or parcel service in the event of any other loss of rights (complaint). Externally unrecognizable defects and damage must be reported to BTG in writing within 24 hours of their discovery in the event of any other loss of rights. Any other notices of defects and complaints must be made in writing without delay, at the latest within 24 hours of their discovery, otherwise the goods shall be deemed approved and accepted; in this case any warranty and liability on the part of BTG shall be excluded. The risk for defects that cannot be detected even with the most careful inspection shall be borne by BTG’s customer, as BTG also only orders, receives, inspects and resells the goods. Complaints about quantities and transport damage must be noted on the delivery documents. The burden of proof lies with the customer. Rejected goods may only be returned with the express consent of BTG. Decisive for the contractual condition of the goods is the time at which they are sent to the post office, parcel service, forwarding agent, carrier and the like, unless otherwise agreed in writing.
8.2. Should the customer make a report after the above deadlines and times have expired, BTG shall endeavor to settle the matter to the customer’s satisfaction without obligation and without assuming any legal obligation, warranty or liability and without any legal claim on the part of the customer in the event of incorrect deliveries and transport damage.
9 Warranty, compensation and product liability
9.1. All information on the suitability, processing or use of the products, the technical advice and all other information is provided to the best of BTG’s knowledge, but does not exempt the customer (buyer) from carrying out his own tests and trials. The customer (buyer) must also inspect the delivered goods immediately for defects with regard to quality and intended use by means of a trial processing, this also several times depending on the industry and delivery, and must report any defects found immediately, otherwise the goods shall be deemed approved and any warranty and compensation for damages shall be excluded. The assurance of properties is only binding if it has been expressly made in writing. Liability for consequential damage caused by defects is expressly excluded. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery. Claims for damages by the customer (buyer), including pre-contractual and non-contractual claims, are excluded in the event of slight negligence on the part of BTG. BTG shall only be liable for indirect damage and damage that was not foreseeable at the time the contract was concluded if BTG is guilty of gross negligence. BTG’s obligation to pay damages, regardless of the legal grounds, is limited to the invoice value of the direct quantity of goods that caused the damage. This also applies in the event of delay or impossibility of performance.
9.2. The above provisions restricting the rights and claims of consumers and consumers shall only apply to consumers and consumers to the extent permitted by law. Compensation for damages shall be paid to consumers to the extent permitted by law.
10. reservation of title
10.1. All goods delivered by BTG remain the property of BTG until the purchase price has been paid in full. In the event of resale of the goods by the customer, the retention of title shall be extended and it is hereby agreed that the customer shall assign to BTG any claim arising from the resale against his contractual partner. The ownership of BTG extends to the full extent of the products resulting from an agreement of the reserved goods. If the reserved goods are processed together with goods owned by third parties or mixed or combined, BTG acquires co-ownership of the resulting products in proportion to the invoice value of the reserved goods. The customer (buyer) hereby assigns to BTG in advance all claims arising from the resale of the reserved goods, including all ancillary and security rights, to secure all claims to which BTG is entitled. The retention of title to the above extent shall be deemed to have been agreed even if the customer (buyer) makes declarations to the contrary when sending his terms and conditions of purchase. The customer (buyer) is not authorized to pledge the goods, assign them as security or otherwise encumber them. In the event of resale, the customer (buyer) must make the transfer of ownership dependent on full payment of the goods by his customers. The customer (buyer) hereby assigns to us his claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of BTG’s claims, on account of payment. At the request of BTG, the customer must name his customers and inform them of the assignment in good time.
11. other services and equipment; life support.
11.1. BTG cannot be held responsible or liable for defects or deficiencies in Customer-provided equipment, services, computers, software, files, data, peripherals and/or Customer connectivity. The Customer is solely responsible for ownership and installation. BTG shall not be held responsible or liable by the Customer or any other party with respect to the equipment, software or services of other providers or with respect to their functionality or malfunction. The Service is not designed, intended, authorized or warranted to be used or deployed in life support or life threatening applications where malfunctions or inaccuracies could result in personal injury or death. Use or deployment for such purposes by the Customer is solely at the Customer’s own risk, and the Customer shall indemnify and hold BTG and its suppliers harmless against all costs, losses, liabilities and expenses (such as court costs and reasonable attorneys’ fees) arising therefrom or related thereto.
12 Obligations of the customer.
12.1. If BTG also provides CPE as part of the Managed Services, the customer is responsible for (i) ensuring access to the site for installation and maintenance work, (ii) ensuring that suitable contact persons are present at the site, and (iii) ensuring that the power supply is guaranteed and that suitable environmental conditions exist.
12.2. The ownership of CPE provided by BTG remains with BTG or its suppliers. The customer is not authorized to (i) sell, encumber or pledge CPE provided by BTG; (ii) extend, modify or interfere with CPE provided by BTG or allow third parties (other than third parties authorized by BTG) to do so. The Customer shall be liable for all repair or replacement costs for CPE provided by BTG if it is damaged or lost due to theft, negligence, willful misconduct, unauthorized acts or other causes reasonably within the control of the Customer or its agents or employees. If the Customer provides its own CPE: (i) it hereby assigns full responsibility for operational management to BTG; (ii) it represents and warrants that the manufacturer has not assigned “End of Life” or “EOL” status to the equipment provided at the time it is actively commissioned; and (iii) it acknowledges that any CPE with EOL status may affect or jeopardize BTG’s ability to manage the equipment.
12.3. Customer shall be solely responsible for the ownership, installation, repair, maintenance and/or replacement of all Customer-provided equipment, services, computers, software, files, data, peripherals or Customer-side connectivity.
13. data protection and advertising
13.1. Each contracting party undertakes to treat as confidential the confidential information associated with the performance of the contract, in particular internal information, even after the end of the business relationship.
13.2. By placing an order, the customer agrees to receive occasional information about BTG products by e-mail or telephone. The e-mail delivery can be revoked at any time and for each delivery by e-mail to: office@buildtelligent.com or by telephone call to +43 (1) 81 70 377.
14 Contract language, validity, place of performance, choice of law and place of jurisdiction
14.1. The valid contractual language is German. In the case of versions of documents in different languages, the German version of the document shall always be effective and valid. In the case of versions of documents in different languages that do not include a German version, the English version of the document shall always be effective and valid. All information, customer service and the handling of complaints may be provided in German.
14.2. Should individual provisions of BTG’s General Terms and Conditions contradict mandatory statutory provisions in whole or in part and therefore be invalid in whole or in part, this shall not affect the validity of all other provisions of these General Terms and Conditions of BTG, which shall remain effective and valid. It is agreed that the invalid provision shall be replaced by a provision that comes as close as possible to the economic content of the invalid provision.
14.3. The place of performance for both contracting parties is Vienna, in particular also for deliveries.
14.4. The pre-contractual relationship and the contractual relationship as well as all related rights, obligations, claims and demands of any kind, including the legal question of the valid conclusion of the contract and the effectiveness of BTG’s GTC, are subject to Austrian law, which is expressly agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods (choice of law Austrian law).
14.5. If a customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the competent court for any legal disputes is the court in whose district the customer’s place of residence, habitual abode or place of employment is located.1
4.6. For all legal disputes arising from or in connection with the pre-contractual relationship and the contractual relationship as well as for all rights, obligations, claims and demands of any kind in connection therewith and derived therefrom, the competent court in Vienna shall have exclusive jurisdiction (place of jurisdiction Vienna).
Vienna, version 01.06.2022 Buildtelligent GmbH.