General Terms and Conditions
§ 1 Scope of application
For the business relationship between Baumaschinen Puntigam GmbH, FN 299463m, Salsach 28, 8483 Deutsch Goritz, hereinafter referred to as Baumaschinen Puntigam, and the contractual partner, the following General Terms and Conditions apply exclusively in the version valid at the time the contract was concluded. Any contractual terms of the contractual partner that contradict these General Terms and Conditions are ineffective. 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. 1. Price information: If the customer requests price information when placing the repair order, this is exclusively a non-binding estimate of the expected costs, but not a binding cost estimate and no package offer. The actual costs depend on numerous factors that can only be determined in the course of analyzing the fault and carrying out the repair. The customer must pay the actual costs for material and working hours.
2. 2. Completion: If the client wishes to be given 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 course of the error analysis and the repair and depends on numerous factors, including the delivery times of spare parts, which are not known in advance.
3. Irrecoverable malfunctions: Construction machines and other devices may malfunction that cannot be rectified; This is due to a lack of available spare parts, for example. The existence of irremediability can only be determined in the course of error analysis and repair. In any case, the costs incurred up to the point at which the irremediability was determined must be paid by the client. Repairs that have been carried out can also prove to be unsuccessful in retrospect, and the error that has occurred can therefore not be rectified. The contracting parties therefore exclude the warranty for repair services. If Baumaschinen Puntigam is responsible for defects, the customer must allow three attempts at improvement before he can request cancellation or a price reduction.
4. Liability: Baumaschinen Puntigam is not liable for damage to the subject matter of the contract or for storing it, unless there are mandatory statutory provisions. Compensation for the services provided by Baumaschinen Puntigam is excluded in its entirety, provided there is no intentional action; to consumers, insofar as this does not conflict with statutory provisions.
5. Payment: The repair costs are to be paid when the construction machine or device is handed over and as long as the repair costs have not been paid, Baumaschinen Puntigam has a right of retention; this in the absence of any other agreement with the customer. Should a later payment be agreed in individual cases, 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 makes construction machines available to the client for an agreed period of time at agreed costs. Baumaschinen Puntigam remains the owner of the construction machines during the rental period. The detailed description of the rental item is given in the rental delivery note. Unless otherwise agreed, the rental takes place on weekdays with a maximum usage time of nine hours per day.
2. Handover: Unless otherwise agreed, the construction machines are to be collected from Baumaschinen Puntigam at the beginning of the rental agreement and returned to them after the end of the rental agreement.
3. Careful treatment: The client undertakes to treat the rented construction machinery with care and to maintain it regularly, to check and top up oil, water, grease and operating fluids on a daily basis. These are to be provided by the customer himself. Baumaschinen Puntigam is entitled to inspect the rented item or have it inspected by third parties at any time without prior notice. The client grants Baumaschinen Puntigam or third parties engaged by him the right of access for the purpose of checking the rented item.
4. Qualifications: The client declares that he has the necessary knowledge and authorizations for handling the leased construction machines or only allows them to be operated by those persons who have the above-mentioned prerequisites.
5. Damage: The construction machines are handed over in a technically perfect condition. The client is liable for damage to the rented construction machinery that occurs during the rental period. At the beginning of the tenancy, the tenancy agreement must therefore include a report on the condition of the construction machine. If damage is only recognized after the handover, the customer must inform Baumaschinen Puntigam of this immediately and take photographs and videos. The construction machines must be returned in the same condition in which they were handed over; This means that the construction machines must be cleaned, refueled and filled with all operating fluids and returned. If this is not the case, the client must pay the associated expenses to Baumaschinen Puntigam. The client or third parties are liable to Baumaschinen Puntigam for any damage caused by the client or third parties in the course of the rental relationship. The client is recommended to take out machine breakdown insurance or to extend the insurance cover of his business liability insurance to the leased construction machines. The customer must consult Baumaschinen Puntigam before taking out machine breakdown insurance, among other things, to determine the insurer and the scope of coverage.
6. If the customer discovers damage or other problems, he must stop his work immediately and shut down 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 customer is prohibited from attempting repairs independently. A repair by the customer himself can only be carried out in consultation with Baumaschinen Puntigam.
The client is also liable for the accidental loss of the rented item.
7. Liability: Compensation for damages for the construction machines rented out by Baumaschinen Puntigam is excluded in its entirety, provided there is no intentional action; to consumers, insofar as this does not conflict with statutory provisions.
8. Disclosure/Transfer: The customer may not pass on the rented item to third parties. In the event of unauthorized disclosure, he is liable to Baumaschinen Puntigam for the damage caused as a result.
9. Payment: The rental costs are to be paid in advance for the entire rental period when the construction machine is handed over. The client has to bear the rental fee for each day of rental; this regardless of downtime of the construction machine, weather conditions or other circumstances, unless this is deviated from in individual cases.
10. Cancellation conditions: If the client withdraws from the rental agreement before the start of the rental relationship, he must pay the following cancellation fees: If the cancellation is made up to three days before the start of the rental relationship, the client must pay the entire rental costs, if the cancellation is made up to seven days before Beginning of the tenancy 60% are to be borne, up to 14 days before the beginning of the tenancy 30%, before that no costs are to be borne. Any costs for the delivery of the construction machine, which are incurred despite the cancellation, are to be borne by the customer.
11. Extension: The extension of the lease requires the express consent of Baumaschinen Puntigam. If the renter does not return the rented item at the agreed time in the condition described above, he is liable to Baumaschinen Puntigam for the damage caused as a result.
Termination: Baumaschinen Puntigam can terminate the rental agreement at any time for important reasons. An important reason exists in particular if the rent is not paid on time, the rented item is not treated with care or is not used as agreed. In this case, Baumaschinen Puntigam is entitled to collect the rental item itself or through a third party immediately and without prior notice. The client grants Baumaschinen Puntigam or third parties engaged by him the right of access for the purpose of collecting the rental item.
§ 4 Sale construction machines, accessories,
spare parts and other goods
1. Prices: Baumaschinen Puntigam offers construction machinery, accessories, spare parts and other goods for sale. The prices quoted include the statutory sales tax, unless otherwise stated. Delivery and shipping costs are not included in the stated prices. By accepting the offer, a binding purchase contract is concluded. Baumaschinen Puntigam has the unilateral right to withdraw from the purchase contract within 14 days.
2. Order: If the goods are not in stock, Baumaschinen Puntigam will order the goods, the time of delivery 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 object of purchase 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 object of purchase, passes to the buyer as soon as the object of purchase can be taken over by him. This is basically immediately upon conclusion of the purchase contract. If the object of purchase 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 object of purchase can be taken over by the buyer.
5. Miscellaneous: The contracting parties agree on the exclusion of warranty, in particular for the functionality and the operating hours, as well as the exclusion of the assertion of error. The contracting parties gained knowledge of the true value of the object of purchase and found this to be appropriate. In the event of a disproportion, you declare that a rescission of the purchase contract due to the shortening of more than half of the true value within the meaning of § 934 ABGB is excluded.
§ 5 Conditions of Purchase
1. General: The contracting parties agree that any general terms and conditions of the seller that conflict with these terms and conditions of purchase are ineffective.
2. Warranty: For the purchase of used construction machinery and other goods, the seller declares that the operating hours specified by him in writing or the operating hours that can be seen on the construction machine are correct and that he is liable for them. The seller is liable for any hidden defects. The obligation of Baumaschinen Puntigam to give notice of defects is excluded. 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 when the object of purchase is handed over.
4. Transfer of risk: The transfer of risk takes place as soon as the object of purchase is delivered to Baumaschinen Puntigam and unloaded.
§ 6 Pond Digging Services
1. Price information: If the customer requests price information when placing the order, this is exclusively a non-binding estimate of the expected costs, but not a binding cost estimate and no package offer. The actual costs depend on numerous factors that can only be determined in the course of carrying out the commissioned work. The customer has to pay the actually incurred costs for material and working hours.
2. Completion: If the client wishes to be given a completion date when the order is placed, Baumaschinen Puntigam will provide a non-binding estimate of the likely completion date. The completion date can only be determined in the course of carrying out the commissioned work and depends on numerous factors that are not known in advance.
3. Information obligation and damage: Before the start of the work, the customer must provide Baumaschinen Puntigam with all the information required to carry out the work, in particular about the conditions at the place of use, the condition 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 customer is liable to Baumaschinen Puntigam for all damage that arises during the performance of the agreed services and is due to dangers on the construction site or the breach of warning and information obligations on the part of the customer.
4. Liability: Baumaschinen Puntigam is not liable for damage to the subject matter of the contract unless there are mandatory statutory provisions. Compensation for the services provided by Baumaschinen Puntigam is excluded in its entirety, provided there is no intentional action; to consumers, insofar as this does not conflict with statutory provisions.
5. Payment: The commissioned services are generally to be paid upon completion. Baumaschinen Puntigam is entitled to demand payments on account and partial payments from the customer.
§ 7 Collection and delivery
1. General: Construction machinery Puntigam will deliver construction machinery to the customer or collect it from the customer if required in the course of repairs, rental or sale.
2. Payment: The costs for collection and delivery are charged according to time and material and are to be paid by the client together with the main order.
3. Risk assumption: The customer bears the risk of accidental loss in connection with collection and delivery.
§ 8 Final Provisions
1. Place of performance: The place of performance for delivery and payment is the registered office of Baumaschinen Puntigam, even if the handover is agreed to take place at a different location.
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 sales law, is agreed as the applicable law.
4. Contract language: The contract language is German.
5. Form requirements: All agreements between Baumaschinen Puntigam and the client must be in writing, this also applies to any waiver of the written form. Oral subsidiary agreements have not been made.
6. Setoff: On the part of the contractual partner, offsetting against claims against Baumaschinen Puntigam is excluded unless the contractual partner's claims have been expressly recognized or determined by a court.
7. Severability clause: Should one of the above provisions be ineffective or void or be declared non-binding, the remaining provisions shall not be affected. In this case, both parties to the contract undertake to replace the ineffective provision with a valid agreement, the content of which comes closest to the economic purpose of the ineffective provision.
Cancellation policy:
Für den Fall, dass ein Verbraucher mit der In the event that a consumer concludes a contract with Baumaschinen Puntigam GmbH, FN 299463m, Salsach 28, 8483 Deutsch Goritz for the purchase of goods or services in distance selling, 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 reasons. In the case of purchase contracts, the cancellation period begins when the goods are handed over, otherwise on the day the contract is concluded. In order to exercise the right of withdrawal, the consumer must inform Baumaschinen Puntigam of his decision to withdraw from the contract by means of a clear statement. In order to meet the cancellation deadline, it is sufficient for the consumer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the cancellation:
If the consumer revokes the contract, Baumaschinen Puntigam shall return to the customer all payments received by Baumaschinen Puntigam from the consumer immediately and at the latest within fourteen days from the day on which the notification of the revocation of this contract was received. The same means of payment that the consumer used for the original payment will be used for the repayment, unless expressly agreed otherwise with the consumer; under no circumstances will the consumer be charged for this repayment.
In the event that Baumaschinen Puntigam has already started the agreed services at the time of the revocation, or the services have already been completed, the consumer must bear the costs of the services provided so far. In the case of rented construction machines and other equipment, the consumer has to bear the costs until they have been returned to Baumaschinen Puntigam.
The revocation takes place by sending the revocation form in the appendix by letter, fax or e-mail to:
Baumaschinen Puntigam GmbH
Salsach 28
8483 Deutsch Goritz
Telephone: 03474 / 70 517
