GTC

1. general
These General Terms and Conditions of Service apply to all services provided by STW - Schabernack Tech Works (hereinafter referred to as "STW").

Deviating regulations require the written consent of STW.
In addition, these GTC shall also apply to future business relationships, even if no express reference is made to them. General terms and conditions of the customer shall not become part of the contract, even if STW does not expressly object to them.

If necessary, rental vehicles in the middle class (e.g. Golf class) are rented; the costs for this are borne by the client. In the event of illness during assignments abroad in countries without a health insurance agreement, the client shall bear the medical costs incurred. The client must provide telephone and Internet access for longer stays abroad.

2 Conclusion of contract & applicability
All offers from STW are subject to change.

A contract is only concluded upon written order confirmation or signing of the work/installation report.

Verbal collateral agreements are not valid. Amendments and supplements must be made in writing.

If services are provided to consumers (Section 1 KSchG) and the contract is concluded outside of business premises, the information on the right of withdrawal in accordance with VRUG also applies (see Section 10).

3. non-working hours
During non-working days within a continuous service assignment, the applicable statutory per diems and accommodation costs per day will be charged.

4. spare parts & consumables
Consumables and required spare parts are invoiced according to actual expenditure. If required, STW organizes suitable alternatives for discontinued components, creates CAD data for worn components and coordinates custom-fit reproductions in consultation with the client.

5. pricing & payment
Invoicing takes place after completion of the service activity on the basis of the work or installation report. Invoices are payable immediately without deduction.
Interest on arrears shall apply in accordance with Section 352 UGB at a rate of 8 % above the prime rate.
Discounts require a written agreement.

In the event of default of payment, STW may suspend services or withdraw from the contract; any damages incurred and loss of profit shall be borne by the customer

All prices are quoted net in euros plus statutory VAT.
STW reserves the right to adjust prices in the event of changes in labor/material costs.

6. reservation of title
Working hours must be confirmed by the client by signing the work or installation report - even in the case of alleged warranty work.

If required, the customer shall provide STW free of charge with suitable auxiliary or specialist personnel, necessary lifting equipment, aids, energy sources and access to the work site.

7 Rights & obligations of the contracting parties
The customer shall keep an operating log and make it available to STW on request.
STW issues a service confirmation after each service.
Replacement or wearing parts will only be exchanged after a joint assessment.
The customer shall inform STW immediately about
- Noticeable noises, leaks, faults
- Changes in production parameters (e.g. quantities, cycle times)
- Changes to the operating or environmental conditions
The customer shall provide STW with suitable auxiliary staff, access to the plant, lifting equipment, energy and storage space free of charge.
Cleaning of the subject matter of the contract is the responsibility of the customer, but can be carried out by STW against payment.

8. liability
STW shall only be liable in cases of intent or gross negligence.
In the event of slight negligence, liability shall be limited to 5 % of the order amount.
No liability is accepted for loss of profit, business interruption, indirect damage, personal injury or consequential damage.
Only the material value is eligible for compensation for data loss.

- No liability is accepted for damage resulting from:
- improper use, maintenance or storage
- Interventions by third parties
- normal wear and tear
- unauthorized changes

If a part is manufactured according to the customer's plans or models, STW shall not be liable for any design errors or infringements of industrial property rights. The customer shall indemnify and hold STW harmless in this respect.

9. warranty
STW undertakes to rectify any defects that impair usability and are based on design, material or execution errors.
Defects must be reported in writing and without delay.
STW may at its own discretion:

- Carry out repairs on site,
- demand the return of parts for rectification,
- Supply replacement.

The transportation costs shall be borne by STW for return shipments to the customer and by the customer for return shipments to STW.
The warranty only applies if the product is used as intended and maintenance intervals are observed.

Excluded are defects caused by:
- improper installation or use
- unauthorized changes
- Repairs by third parties
- normal wear and tear
Wear parts are excluded from the warranty.
Definition according to DIN 50320: Wear is the progressive loss of material on the surface of a solid body due to mechanical causes.

10. Right of withdrawal for consumer transactions (VRUG)

Consumers have the right to withdraw from the contract within 14 days without giving reasons if the contract was concluded off-premises or by distance selling.
The period begins:
- for services: from the conclusion of the contract
- for goods: from receipt of the goods
Withdrawal must be declared in writing (e.g. letter, e-mail).
In the event of withdrawal, the consumer may have to pay pro rata costs if he has requested that STW commence performance before expiry of the withdrawal period.
Note: The right of withdrawal expires upon complete fulfillment of the contract.

11. Right of withdrawal for consumer transactions (VRUG)
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is Graz, insofar as this does not conflict with mandatory consumer protection law.

Should a provision of these GTC be invalid, the remainder of the contract shall remain valid. The parties undertake to agree a replacement provision that comes as close as possible to the economic purpose of the invalid provision.