1 Validity of the GTC:
1.1
All present and future business transactions of Adlhart Boote GmbH, Köllern 3, A-5162 Obertrum am See, FN 519285f, shall be governed exclusively by the following General Terms and Conditions, even if no express reference is made to them.
1.2
Any provisions deviating from or supplementing these General Terms and Conditions shall only become part of the contract if this is expressly confirmed in writing by Adlhart Boote GmbH.
2. Conclusion of contract:
The customer order is an offer. The contract is only concluded after Adlhart Boote GmbH has accepted it. Adlhart Boote GmbH will inform the customer of its acceptance in writing or by e-mail.
3. cost estimate:
Unless otherwise agreed in writing, cost estimates are non-binding.
4. language of the contract:
The contract language is German.
5. Prices and terms of payment:
5.1 All prices are quoted in EURO and are inclusive of VAT (gross prices) unless expressly stated otherwise. Any transportation costs and other expenses may be added to the gross prices and prices agreed in advance. If possible, Adlhart Boote GmbH will quantify these to the customer in advance.
5.2 Unless otherwise stated or expressly agreed in writing, invoices are due for payment within 14 days of receipt. The customer agrees to the transmission of invoices by e-mail.
5.3 Unless made in cash, payments are to be made free of costs and charges to the account of Adlhart Boote GmbH, Raiffeisenbank Obertrum IBAN: AT 26 3 504 7000 0015 0250 BIC: RVS AAT 2S047.
6 Default of payment:
6.1 In the event of default, we are entitled to charge interest on arrears at a rate of 5% above the prime rate. Claims for compensation for proven higher interest rates shall not be affected by this.
6.2 All reminder fees and collection costs shall be charged to the customer.
6.3 Adlhart Boote GmbH is entitled to terminate the contract in the event of a delay in payment of at least 14 days.
6.4 Adlhart Boote GmbH has a right of retention for outstanding claims until the boat handed over for repair has been paid in full.
7 Warranty:
7.1 The statutory warranty provisions apply. Complaints can be made using the contact details given in the imprint. Any manufacturer's warranty, which must be asserted directly against the manufacturer, remains unaffected by the warranty obligation of Adlhart Boote GmbH.
7.2 The customer is obliged to inspect the goods immediately and to notify Adlhart Boote GmbH of any defects in writing without delay, giving a precise description of the defect.
7.3 If the customer carries out modifications or repairs to the goods himself or has them carried out improperly by third parties, he shall lose any warranty claims.
7.4 All warranty claims apply ex works, Adlhart Boote GmbH, Köllern 3, 5162 Obertrum
8. exclusion of liability:
Claims for damages due to slight negligence are excluded, with the exception of claims for personal injury, damage to items accepted for processing and product liability claims.
9. default of acceptance:
In the event of default of acceptance by the customer, Adlhart Boote GmbH is entitled to store the goods at the customer's expense. In this case the claim to performance of the contract remains unaffected. However, Adlhart Boote GmbH also reserves the right to withdraw from the contract after setting a 14-day grace period.
10. Delivery:
Unless expressly agreed otherwise, the delivery dates notified to the customer are non-binding.
11. Retention of title:
The goods remain the property of Adlhart Boote GmbH until full payment has been made. Resale is only permitted if this has been notified in good time in advance, stating the name or company name and the exact (business) address of the buyer, and the sale has been approved. In the event of consent, the purchase price claim shall be deemed assigned to Adlhart Boote GmbH and Adlhart Boote GmbH shall be authorized to notify the third-party debtor of this assignment at any time.
12. transportation for placement with third parties:
Adlhart Boote GmbH is only responsible for transportation. Liability exists from the time the boat is taken over until it is handed over to the third party for storage (transport route). There is no further liability.
13. Craning:
If craning work is required for the performance of work ordered, the customer agrees that this can be carried out accordingly, whereby the order will be determined by Adlhart Boote GmbH if there are several orders at the same time.
14. Insurance processing: In the case of insurance claims, the injured party is always our client and is therefore also responsible for the timely payment of the invoice. There is no business relationship between the insurance company and us.
15. Applicable law and place of jurisdiction:
15.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of the conflict of law rules.
15.2 All disputes shall be settled by the competent court at the registered office of Adlhart Boote GmbH (Köllern 3, A-5162 Obertrum am See).
15.3 The place of performance shall be the registered office of Adlhart Boote GmbH: Köllern 3, A-5162 Obertrum am See.
16. other provisions:
If individual provisions of these general terms and conditions and/or of contracts should prove to be invalid, this shall not affect the validity of the remaining part of the contract and the general terms and conditions.
17. Data processing:
Orders and services are processed and stored digitally. Information on the processing and use of your personal data can be found in the privacy policy on our website.