General Business Terms and Conditions
January 2019 Version
Scope of General Business Terms and Conditions
These general business terms and conditions (hereinafter T&C) apply to all business relationsships with hereof informed contractors, unless other conditions have been expressly agreed upon by the parties. Our terms and conditions are also always available at http://www.oxymora-instruments.com/ for download.
Contracting parties, provided that They are not consumers, agree that if they have T&Cs of their own the rules set forth in the present T&C will apply, even if the T&Cs of the contract partners have not been objected to. Contractual performance on our part shall in this respect not be agreement to contractual conditions deviating from our Terms and Conditions.
If uncertainties remain concerning the interpretation of the contract, they shall be resolved in the way that the content costumarily agreed upon in comparable cases shall be considered agreed upon.
Our offers are without commitment. They constitute the non-binding solicitation to the customer to commission us with the manufacturing of an individual instrument in writing. The contract becomes legally binding with the issue of an order confirmation on our part, latest however on commencement of the manufacturing process.
In case the matter is a consumer transaction, the refusal of the order must occur within a week of our receipt of the solicitation.
Right of Withdrawal
Consumers have the right to withdraw from the contract without disclosure of reasons within 14 days after receipt of our order confirmation. The withdrawal can be submitted using the model format provided on our homepage.The use of the provided form, however, is not compulsory. To make the notification in due time, it is sufficient to dispatch the notificaton within the granted term. The receipt of the consumer's notification will be transmitted using the consumer's choice of communication medium. Consequence of the withrawal is the reverse transfer of the consumers's payments including delivery costs within 14 days of receipt of the notification of withdrawal, unless the costs are derived from the customer's choice of delivery, differing from our standard shipping. The reverse transfer is executed electronically and free of charge. In case the ordered product has already been shipped to the consumer, we reserve the right to suspend the reverse transfer until the return of the product. The consumer bears the expense of the return shipment.
Our prices shall be deemed to be fixed prices including all taxes and fees, not including possible shipping expenses. The later will be duely accounted for separately and charged entirely to the customer.
The payment of the purchase price as well as possible delivery expenses are due at the time of the financial accounting and must be paid immediatly in advance to the account disclosed by us. Payment in cash is possible only in exceptional cases. We expressly reserve the right to choose the method of payment. Unless the parties have expressly agreed upon other conditions, the financial accounting occurs on completion of the instrument.
Procedure of Ordering
At the time of order, the commissioning party will be informed of the estimated time period until completion of the instrument. The time span until completion may vary due to the order situation. The customer receives a further notification upon commencement of the manufacturing. At this point the completion of the instrument is to be expected within approximately 4 weeks time. Regardless of the customer's duty to reprimand in case of delay exceeding the time periods indicated above, a time period of at least 4 weeks is hereby agreed upon as an adequate time limit in accordance with § 918 of the Austrian Civil Code.
The delivery of instruments usually is effected by handover in person to the customer or his designated proxies in our shop. Shipment is done on exception via additional agreement. In such cases as well as in case of shipment of accessory merchandise (e.g. bags) the transfer of ownership of goods to the customer occurs with transfer to the carrier, provided that the purchase price and shipment expenses have been fully paid. Customers who are contracters herewith also bear the risk of loss, damage or other destruction of the property. In case of consumer transaction, the risk transfer only occurs if the consumer autonomously determines the shipping method and commissions the carrier.
At reception of an instrument the customer is obliged to produce an audiovisual recording of a good state-of-the-art quality, showing the opening of the original package and first inspection of the instrument, including the play of all tonefield and ensuring that possible damages during shipment are documented for reclamation purposes. The video is to be made available to Oxymora-Instruments. Failing to meet with these obligations will entail the loss of all claims resulting from or connected to damages during shipment.
Reservation of Title
The merchandise shall remain our property until full payment of the purchase price and possible shipment expenses.
The warranty period shall amount to 2 years beginning with the time of the passing of risk of loss. The commissioning party, with the exception of consumers, must provide proof, that a claimed defect already existed in the moment of passing of risk of loss. All contractors are held to their legal obligation to inspect and give notice of defects immediately on passing of risk as set forth in § 377 of the Austrian Commercial Code.
We may fulfill warranty claims by contractors at our discretion in the form of repair, replacement of the defect producht or reduction of price. Solely in case of non-recoverable and not minor defects the contractor has the right to repudiate the contract.
Scope of Supply
The instruments we manufacture are unique specimens, each individually artistically handcrafted. Each instrument therefore has a unique design of the metallic surface, such as color, finish, shine, reflection , grain etc. Also the dimensions may vary. The commissioning party is duly informed of these facts and therefore may not derive claims of any kind due to the design of the instrument.
Exclusion of set-off
The parties agree on a no set-off clause. Provided that the transaction does not involve a consumer, the offsetting of counterclaims of any kind with our claims stemming from our services or shipments, is excluded.
Refusal of Performance
For all transactions not involving consumers the existence of rightful claims does not entitle the customer to suspend the payment of the entire purchase price, but merely an apropriate fraction, not exceeding the prospective repairing charges by more than double their amount.
Indemnity is excluded for all cases of slight negligence with exception of bodily harm. In cases not involving consumers, the commissioning part bears the burden of proof for gross negligence and intention; for contractors claims of compensation expire within 6 months time after becoming aware of the damage and the liable party, in any case no later than 10 years after service provision.
All declarations, notifications etc. by consumers addressed to us – with the exception of notices of defects – shall be made in writing to be legally effective. This does also not include notices of withdrawal from contracts subject to the Austrian Remote Sales Act. For all other transactions all agreements, amendments, supplements and collateral agreements require written form for their validity. The contracting parties will without prior solicitation immediately inform their business partner of any change in postal address, failing which documents may be delivered effectively in legal terms to the address provided last.
Choice of Law
Austrian law shall apply to all transactions made using the present T&C.
Without prejudice to the special rules applying for consumer transactions, the legal venue for all disputes arising from contractual and non-contractual relations with our company shall be the ratione materiae and loci competent court at our enterprise's location. We reserve the right to file a claim in any competent court.