Conditions
§ 1 Scope
The following general terms and conditions in the version valid at the time the contract is concluded apply exclusively to the business relationship between Baumaschinen Puntigam GmbH, FN 299463m, Salsach 28, 8483 Deutsch Goritz, hereinafter referred to as Baumaschinen Puntigam, and the contractual partner. Any contractual terms and conditions of the contractual partner that contradict these general terms and conditions are invalid.
The following provisions apply to consumers insofar as they do not conflict with any mandatory statutory provisions of the Consumer Protection Act or other laws.
§ 2 Repairs
1. Price information: If the client requests price information when placing the repair order, this is only a non-binding estimate of the expected costs, but not a binding cost estimate or a flat rate offer. The actual costs depend on numerous factors that can only be determined during the error analysis and the execution of the repair. The client must pay the actual costs incurred for materials and working time.
2. Completion: If the customer wishes to be informed of a completion date when placing the repair order, Baumaschinen Puntigam will provide a non-binding estimate of the expected completion date. The completion date can only be determined during the fault analysis and repair and depends on numerous factors, including delivery times for spare parts, which are not known in advance.
3. Unrecoverable malfunctions: Construction machinery and other equipment may malfunction and cannot be repaired, for example due to a lack of spare parts. The fact that the problem cannot be repaired can only be determined during the error analysis and repair. The costs incurred up to the time that the problem cannot be repaired must be paid by the customer. Repairs carried out may also prove to be unsuccessful in retrospect, and the error that has occurred may therefore not be repaired. The contracting parties therefore exclude the warranty for repair services. If Baumaschinen Puntigam is responsible for defects, the customer must allow three attempts to make improvements before he can request a replacement or a price reduction.
4. Liability: Baumaschinen Puntigam is not liable for damage to the subject matter of the contract or its storage, unless mandatory legal provisions apply. Compensation for the services provided by Baumaschinen Puntigam is completely excluded unless there is deliberate action; towards consumers, unless there are legal provisions to the contrary.
5. payment: The costs of the repair are to be paid when the construction machine or equipment is handed over and as long as the repair costs have not been paid, Baumaschinen Puntigam has a right of retention; this is unless otherwise agreed with the customer. If a later payment is agreed in an individual case, the accessories, spare parts and replacement parts used by Baumaschinen Puntigam remain the property of Baumaschinen Puntigam until all invoices from the business relationship have been paid in full.
§ 3 Rental
1. General: Baumaschinen Puntigam provides the client with construction machinery for an agreed period of time at an agreed cost. Baumaschinen Puntigam remains the owner of the construction machinery during the rental period. The detailed description of the rental item is provided in the rental delivery note. Unless otherwise agreed, the rental takes place on working days with a maximum usage period of nine hours per day.
2. handover: Unless otherwise agreed, the construction machinery must be picked up from Baumaschinen Puntigam at the beginning of the rental agreement and returned to Baumaschinen Puntigam after the end of the rental agreement.
3. Careful treatment: The client undertakes to treat the rented construction machinery carefully and to maintain it regularly, to check and refill oil, water, grease and operating fluids daily. These must be provided by the client himself. Baumaschinen Puntigam is entitled to inspect the rental object at any time without prior notice or to have it inspected by third parties. The client grants Baumaschinen Puntigam or third parties appointed by it the right of access for the purpose of inspecting the rental object.
4. Qualification: The client declares that he has the necessary knowledge and authorizations to handle the rented construction machinery and that he will only allow it to be operated by persons who have the aforementioned requirements.
5. Damages: The construction machines are handed over in a technically perfect condition. The client is liable for damage to the rented construction machines that occurs during the rental period. At the start of the rental agreement, the client must therefore write a report on the condition of the construction machine. If damage is only discovered after the handover, the client must inform Baumaschinen Puntigam immediately and take photographs and videos. The construction machines must be returned in the same condition as they were handed over; this means that the construction machines are cleaned, filled with fuel and filled with all operating fluids. If this is not the case, the client must pay the associated costs to Baumaschinen Puntigam. The client is liable to Baumaschinen Puntigam for any damage caused by the client or third parties during the rental agreement. The client is recommended to take out machine breakdown insurance or to extend the insurance coverage of his business liability insurance to the rented construction machines. The client must consult with Baumaschinen Puntigam before taking out machinery breakdown insurance, among other things, to determine the insurer and the scope of cover.
6. If the client discovers damage or other problems, he must immediately stop his work and turn off the construction machine. He must inform Baumaschinen Puntigam of these circumstances and take photographs and videos so that Baumaschinen Puntigam can take the appropriate measures. The client is prohibited from attempting to carry out repairs on his own. Repairs by the client himself can only be carried out in consultation with Baumaschinen Puntigam.
The client is also liable for the accidental loss of the rental object.
7. Liability: Compensation for construction machinery rented by Baumaschinen Puntigam is completely excluded unless there is intentional action; in relation to consumers, unless statutory provisions prevent this.
8. disclosure: The client may not pass the rental item on to third parties. In the event of unauthorized transfer, the client is liable to Baumaschinen Puntigam for any damage caused.
9. Payment: The rental costs are generally to be paid in advance when the construction machine is handed over for the entire rental period. The client must pay the rental fee for each day of rental; this is regardless of downtime of the construction machine, weather conditions or other circumstances; unless this is waived in individual cases.
10. Cancellation conditions: If the client withdraws from the rental agreement before the start of the rental agreement, he must pay the following cancellation fees: If the cancellation is made up to three days before the start of the rental agreement, the client must pay the entire rental costs; if the cancellation is made up to seven days before the start of the rental agreement, 60% must be paid; up to 14 days before the start of the rental agreement, 30% must be paid; before that, no costs are payable. Any costs for delivery of the construction machine that arise despite the cancellation must be borne by the client.
11. Extension: The extension of the rental agreement requires the express consent of Baumaschinen Puntigam. If the renter does not return the rental item in the condition described above at the agreed time, he is liable to Baumaschinen Puntigam for any damage caused as a result.
resolution: Baumaschinen Puntigam can terminate the rental agreement at any time for good cause. Good cause exists in particular if the rental fee is not paid on time, the rental item is not treated carefully or used as agreed. In this case, Baumaschinen Puntigam is entitled to collect the rental item immediately and without prior notice itself or through a third party. The client grants Baumaschinen Puntigam or third parties appointed by it the right of access for the purpose of collecting the rental item.
§ 4 Sale of construction machinery, accessories, spare parts and other goods
1. Price information: Baumaschinen Puntigam offers construction machinery, accessories, spare parts and other goods for sale. The prices quoted include statutory sales tax, unless otherwise stated. The prices quoted do not include delivery and shipping costs. Acceptance of the offer results in a binding purchase contract. Baumaschinen Puntigam has the unilateral right to withdraw from the purchase contract within 14 days.
2. An order: If the goods are not in stock, Baumaschinen Puntigam will order the goods; the time of handover depends on the delivery time.
3. Payment: The purchase price is to be paid in full upon delivery. If a later payment is agreed in individual cases, the purchased item remains the property of Baumaschinen Puntigam until all invoices from the business relationship have been paid in full.
4. Transfer of risk: The transfer of risk, from which the buyer bears the risk of accidental loss or accidental deterioration of the purchased item, passes to the buyer as soon as the purchased item can be taken over by the buyer. This is generally immediately upon conclusion of the purchase contract. If the purchased item has to be ordered, completed or cannot be taken over immediately for similar reasons, the transfer of risk takes place as soon as this reason no longer applies and the purchased item can be taken over by the buyer.
5. Miscellaneous: The contracting parties agree to exclude the warranty, in particular for functionality and operating hours, as well as to exclude the assertion of errors. The contracting parties have obtained knowledge of the true value of the object of purchase and have determined this to be appropriate. In the event of a disproportion, they declare that a challenge to the purchase contract due to a reduction of more than half the true value within the meaning of Section 934 ABGB is excluded.
§ 5 Purchasing Conditions
1. General: The contracting parties agree that any general terms and conditions of the seller that contradict these purchasing conditions are invalid.
2. Warranty: For the purchase of used construction machinery and other goods, the seller declares that the operating hours stated in writing or the operating hours shown on the construction machinery are correct and that he is liable for them. The seller is liable for any concealed defects. Baumaschinen Puntigam is not obliged to give notice of defects. The seller is liable for all damages incurred by Baumaschinen Puntigam due to incorrect information on operating hours and concealed defects.
3. Payment: The purchase price is due upon delivery of the item.
4. Transfer of risk: The transfer of risk takes place as soon as the purchased item has been delivered and unloaded at Baumaschinen Puntigam.
§ 6 Pond Digging Services
1. Price information: If the client requests price information when placing the order, this is only a non-binding estimate of the expected costs, but not a binding cost estimate or a flat rate offer. The actual costs depend on numerous factors that can only be determined during the execution of the commissioned work. The client must pay the actual costs incurred for materials and working time.
2. Completion: If the client wishes to be informed of a completion date when placing the order, Baumaschinen Puntigam will provide a non-binding estimate of the expected completion date. The completion date can only be determined during the course of the commissioned work and depends on numerous factors that are not known in advance.
3. information obligations and damages: Before work begins, the client must provide Baumaschinen Puntigam with all information required to carry out the work, in particular about the conditions at the site, the nature of the ground and any sources of danger. The client must set up the construction site in such a way that the agreed services can be provided safely. The client is liable to Baumaschinen Puntigam for all damages incurred during the performance of the agreed services and which are attributable to dangers on the construction site or the client's breach of warning and information obligations.
4. Liability: Baumaschinen Puntigam is not liable for damage to the subject matter of the contract, unless mandatory legal provisions apply. Compensation for the services provided by Baumaschinen Puntigam is completely excluded, unless there is intentional action; towards consumers, unless there are legal provisions to the contrary.
5. payments: The commissioned services are generally to be paid for upon completion. Baumaschinen Puntigam is entitled to request advance and partial payments from the client.
§ 7 Collection and delivery
1. General: Baumaschinen Puntigam delivers construction machinery to the client as required in the course of repairs, rental or sale or collects it from the client.
2. Payment: The costs for collection and delivery are charged according to time and materials and are to be paid by the client together with the main order.
3. risk: The customer bears the risk of accidental loss in connection with collection and delivery.
§ 8 Final Provisions
1. Place of performance: For delivery and payment, the place of performance shall be the registered office of Baumaschinen Puntigam, even if the handover takes place at another location as agreed.
2. Place of jurisdiction: Feldbach is agreed as the place of jurisdiction.
3. Applicable law: Austrian law, with the exception of the IPRG and the UN Convention on Contracts for the International Sale of Goods, is agreed as the applicable law.
4. Contract language: The contract language is Deutsch.
5. formal requirements: All agreements between Baumaschinen Puntigam and the client must be in writing, this also applies to any deviation from the written form. No verbal side agreements have been made.
6. On Bill: The contractual partner is not entitled to offset claims against Baumaschinen Puntigam unless the contractual partner's claims have been expressly acknowledged or established by a court of law.
7. Severability clause: Should one of the above provisions be invalid or void or be declared non-binding, this shall not affect the remaining provisions. In this case, both contracting parties undertake to replace the invalid provision with a valid agreement whose content comes closest to the economic purpose of the invalid provisions.
Cancellation policy:
In the event that a consumer concludes a contract for the purchase of goods or services by distance selling with Baumaschinen Puntigam GmbH, FN 299463m, Salsach 28, 8483 Deutsch Goritz, Baumaschinen Puntigam issues the following cancellation policy:
The consumer has the right to withdraw from the contract with Baumaschinen Puntigam within fourteen days without giving any reason. The withdrawal period begins for purchase contracts with the delivery of the goods, otherwise on the day of conclusion of the contract. To exercise the right of withdrawal, the consumer must inform Baumaschinen Puntigam by means of an unambiguous declaration of his decision to withdraw from the contract. To meet the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:
If the consumer cancels the contract, Baumaschinen Puntigam must refund all payments that Baumaschinen Puntigam has received from the consumer immediately and at the latest within fourteen days from the date on which the notification of the cancellation of this contract was received. The same means of payment that the consumer used for the original payment will be used for the refund, unless something else was expressly agreed with the consumer; under no circumstances will the consumer be charged any fees for this refund.
In the event that Baumaschinen Puntigam has already started the agreed services at the time of cancellation, or the services have already been completed, the consumer must bear the costs of the services provided to date. In the case of rented construction machinery and other equipment, the consumer must bear the costs until these have been returned to Baumaschinen Puntigam.
The revocation is made by sending the revocation form in the attachment by letter, fax, e-mail to:
Construction Machinery Puntigam GmbH
Salsach 28
8483 Deutsch Goritz
Phone: 03474 / 70 517
E-mail: office@baumaschinen-puntigam.at
cancellation form