GTC

General Terms and Conditions (GTC) of HAFO GmbH

Status: October 2024

§ 1 Scope of application

These General Terms and Conditions (GTC) apply to all present and future business relations between Hafo GmbH (hereinafter “we” or “Hafo”) and our customers, unless expressly agreed otherwise in writing.
We do not recognize any terms and conditions of the customer that conflict with or deviate from these GTC unless we have expressly agreed to their validity in writing. This shall also apply if we provide services without reservation although we are aware of the customer's deviating terms and conditions.
Individual agreements with the customer shall take precedence over these GTC. A written contract or our written confirmation shall be authoritative for the content of such agreements.

Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with HAFO GmbH (Othmar Ruthner-Straße 8, 3340 Waidhofen an der Ybbs, Austria, office@hafo.co.at, Phone: 0650 62 96 900 , Fax: 02742 222 3333 752)

 

§ 2 Offer and conclusion of contract
Our offers are subject to change and non-binding. An order placed by the customer constitutes a binding offer, which we can accept within 14 days by means of an order confirmation or by delivery, and the contract is only concluded by our written order confirmation or by delivery of the goods. The information contained in catalogs, price lists and other documents is non-binding unless expressly confirmed by us in writing.

By placing the products in the online store, we submit a non-binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

 

§ 3 Prices and terms of payment
Our prices are ex works, plus the applicable statutory VAT, packaging, transportation and insurance costs, unless expressly agreed otherwise.
Payment is due within 14 days of the invoice date. Discounts are only permitted if agreed in writing.
If the customer is in default of payment, we shall be entitled to charge default interest at a rate of 9.2% above the prime rate. We reserve the right to assert further claims. The customer may only offset claims that are undisputed or have been legally established.

The following payment methods are available in our store:

Prepayment

If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment on collection

You pay the invoice amount in cash on collection.

 

§ 4 Delivery and delivery time
Delivery periods and dates shall only be binding if they have been expressly confirmed by us in writing. In the event of force majeure or other unforeseeable circumstances for which we are not responsible, the delivery periods shall be extended accordingly.
Delivery shall be ex works (EXW according to Incoterms 2020). The risk of accidental loss or deterioration shall pass to the customer upon handover to the carrier; partial deliveries are permitted insofar as this is reasonable for the customer.

 

§ 5 Retention of title
The delivered goods remain our property until all claims have been paid in full, and the customer is obliged to inform us immediately in the event of seizure or other interventions by third parties.

 

§ 6 Warranty and liability
The statutory warranty shall apply unless otherwise stipulated in these GTC. The warranty period is one year from delivery.
Obvious defects must be reported to us in writing immediately, but at the latest within 7 days of delivery. Hidden defects must be reported within the same period of time after discovery. If the subsequent performance fails, the customer may demand a reduction in price or withdraw from the contract. Claims for damages by the customer are excluded unless they are based on intent or gross negligence. In the event of injury to life, limb or health, we shall be liable in accordance with the statutory provisions.

§ 7 Exclusion of liability for goods provided
The customer is liable for the quality and operational readiness of equipment or materials provided. We do not assume any warranty for goods provided, and the customer shall be liable for damage to material provided due to improper specifications or technical defects.

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty
for guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

§ 8 Withdrawal from the contract
We are entitled to withdraw from the contract if the customer has made false statements about his creditworthiness or if insolvency proceedings have been opened against his assets. if the customer is in default of acceptance, we are entitled to store the goods at the customer's expense and risk.

 

§ 9 Data protection
The data collected as part of the contractual relationship will be used exclusively to process the contract and to maintain the customer relationship. Data will only be passed on to third parties within the framework of the statutory provisions and the customer agrees to the processing of their data in accordance with the General Data Protection Regulation (GDPR).

 

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can use here finden.

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.