Bechtle direct GmbH General T&Cs.


1. General, scope of application

Quotes, business initiations and legal transactions are exclusively subject to our terms and conditions valid at the time of the offer, the initiation or the conclusion of the legal transaction. We do not recognise any terms and conditions of the Buyer that contradict or deviate from our own. Our terms and conditions shall also apply if we carry out delivery or provide a service to the Buyer without reservation in the knowledge that the Buyer’s terms and conditions are contrary to or deviate from our own.

All agreements made between us and the Buyer for the purpose of executing this contract must be set out in writing here. After conclusion of the first legal transaction, our terms and conditions shall also apply to all future offers, business initiations and legal transactions with the Buyer in the respective version (see paragraph 1).

 

We expressly reserve the right to make technical and optical changes to purchased goods, also on the part of the manufacturer. We sell our goods exclusively to enterprise customers. The contract, order and business language is German. The place of performance for all our services is the company headquarters in Traun, Austria

 

2. Quotes, quote documents

Our quotes are subject to change. The legal transaction shall only come into effect upon written confirmation by us of an order placed by the Buyer.

We shall continue to have rights of ownership and copyright to individual drawings, plans, drafts and other documents based on the Buyer’s wishes—even after the purchase contract has been executed and fulfilled by the Buyer.

 

3. Prices, payment conditions

Unless otherwise agreed, our prices apply to deliveries ex warehouse including original packaging. The Buyer bears the shipping costs.

Statutory VAT is not included in the prices stated in the catalogue and the online shop. It will be shown separately on the invoice at the statutory rate on the day the invoice is issued. Invoicing is in euros.

All prices listed in the catalogue include copyright and ERA licence fees.

 

Prices are subject to change.

Early payment discounts require a separate written agreement.

Deliveries on account are only made subject to a positive credit check. If the Buyer does not meet their payment obligation on time or in full, they shall owe the statutory interest.

 

The Buyer is not entitled to offset against claims or to exercise a right of retention if the claim asserted by them is not recognised or if it has not been legally established by a court. Furthermore, the Buyer shall only be entitled to a right of retention if this refers to the goods from the delivery whose invoice amount they withhold.

 

4. Delivery time

The delivery and performance time stated by us may only begin upon clarification of all technical questions.

If delivery is delayed by our supplier, which cannot be attributed to negligence on our behalf, we cannot be held liable for damages due to the delay. If it can be proven that we were grossly negligent, the Buyer has the right to withdraw from the agreement in writing after a grace period of 14 (fourteen) business days. The assertion of damages from the legal claim for delay (in case of withdrawal, non-performance damage or delayed delivery: Damage caused by delay is expressly excluded.

In the case of custom-made products or individual configurations, where the goods are already in production, a withdrawal due to exceeding the delivery period is excluded.

 

Furthermore, the Buyer is only entitled to claims for damages limited to the current damage if we are guilty of intent or gross negligence, which the Buyer must prove.

Performance of our delivery obligation is subject to the timely and proper fulfilment of the Buyer’s obligations.

If the Buyer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the delivery or service also passes to the Buyer at the point in time at which the Buyer is in default of acceptance.

 

5. Transfer of risk

Deliveries are agreed "ex warehouse". When the goods are handed over to the  carrier, the risk (but not the ownership - see retention of title) is transferred to the Buyer

If the Buyer so desires, we will cover delivery with transport insurance against reimbursement of costs.

 

6. Warranty

General

The Buyer is obliged to assert warranty claims in court within the legal time periods.

The warranty does not apply if the Buyer themselves modify delivery or service items or has them modified by third parties without our involvement, unless they prove that the defects in question are not connected with the modifications made by them or the third party.

 

The Buyer is obligated to immediately inspect the packaging and its contents, and to immediately (within 12 hours of receipt of delivery) report any damage or quantity shortfalls to us; if they fail to do so, the Buyer loses all claims with regard to any transport damage or missing quantities.

The Buyer is obligated to thoroughly inspect the received goods for functionality and damage. The Buyer has 5 (five) business days after receipt of goods, or after discovery of hidden defects, to report any defects in their entirety to us while observing all reasonable instructions from us to troubleshoot and identify them. If the Buyer does not make their claim in good time, they forfeit their right to compensation for damages caused by defects.

 

Hardware

We guarantee that the hardware has the properties stated in the order confirmation and does not have defects that cancel or reduce the value or suitability for the normal use or the use stipulated in the contract; an insignificant reduction in value or suitability does not entitle the Buyer to warranty claims.

In terms of content, we provide a warranty to the Buyer to the extent that the manufacturer is obliged to provide us with a warranty for the system. The Buyer has no further warranty claims against us.

We reserve the right to repair or replace defective devices, elements, additional equipment or parts within the scope of our warranty obligations. To the necessary extent, the Buyer will remove programs including their application programs, data, data carriers, modifications and attachments before an exchange and make a backup copy of the current data set at their own expense.

 

Standard software

We would like to emphasise that we do not manufacture software. We also do not possess source codes for supplied software. The Buyer hereby acknowledges that it is not possible according to the state of the art to develop programs in such a way that they are error-free for all application conditions. For all standard software we provide, we shall keep  an up-to-date performance description available which indicates the program’s intended use and the conditions of use.

 

In the event of a fault, the Buyer is responsible for preparing the fault documentation in accordance with the relevant information in the application documentation. After receipt of the fault documents, we will forward them to the pre-supplier and provide a warranty  to the extent that the pre-supplier generally grants. The Buyer has no further warranty claims.

 

7. Return by agreement

Returns of goods (whether defective or not) must be agreed with us in advance. If a return is agreed, the goods including all accessories must be returned in original sealed packaging. Each return is to be accompanied by the return consignment note, which we provide upon agreement.

Special orders (e.g. goods not part of the standard range), individual configurations, opened software (packages), projection devices, furniture/safes, opened ink cartridges, toner cartridges and ink ribbons are excluded from return

 

8. Liability

Unless otherwise stated below, further claims of the Buyer—for whatever legal reasons—are excluded. We shall not be liable for damage that has not occurred to the delivery item or service itself. The above exemption from liability shall not apply if the cause of damage is based on intent or gross negligence and this is proven by the Buyer.

If we negligently violate an essential contractual obligation, our liability to pay compensation for property damage or personal injury is limited to the amount covered by our business liability insurance. We are prepared to grant the Buyer insight into our policy upon request.

The warranty periods granted by us are also statutory period of limitation for the assertion of claims for damages and also apply to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted.

The above provisions shall not apply to claims under the Product Liability Act for bodily injury. The same applies in case of initial inability or justifiable impossibility.

The liability exclusions and limitations above also apply to the personal liability of employees, staff members, personnel, representatives and agents.

We assume no liability for the contents of internet pages that can be accessed via links from our online shop www.bechtle.at. In particular, we assume no liability for the correctness of product descriptions, product specifications and product information on these linked pages.

 

9. Retention of ownership

We reserve the right to retain ownership of all objects delivered by us until all payments from the entire commercial relationship have been received. In the event of the Buyer acting in breach of contract, in particular in the event of default in payment, the Buyer hereby authorises us to collect the delivered goods from them or a third party. The retrieval of the goods to which we retain title shall constitute a withdrawal from the contract. The seizure of  goods to which we retain title does not constitute withdrawal from the contract. After taking back goods to which we retain title, we shall be entitled to resell them. The proceeds of sale shall be set off against the Buyer’s liabilities less reasonable costs of sale. The Buyer owes the difference plus any further damages resulting from legal claims for compensation.

The Buyer must handle the purchased goods with care. In particular, the Buyer is required, at its own expense, to sufficiently insure such items for replacement cost against fire, water damage, theft and vandalism. Any required maintenance and inspections must be carried out in a timely manner at the Buyer’s expense.

In the event of seizure or other interventions by third parties, the Buyer must inform us immediately in writing so that we can take legal action. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a suit, the Buyer shall be liable for the loss incurred by us.

The Buyer is entitled to resell the delivery item in the ordinary course of business—but only by passing on the retention of ownership. They do, however, already surrender any and all claims against their customers or third parties arising from resale activities to the amount of the total invoice volume including VAT. The Buyer shall also inform its customer of this. The Buyer remains authorised to collect this claim even after the assignment. Our right to collect payment ourselves remains unaffected. However, we undertake not to collect the claim as long as the Buyer meets their payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy or settlement proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the Buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

Upon request by the Buyer, we undertake to release security due to us upon request by the Buyer insofar as its value exceeds the corresponding receivable by more than 20%. We reserve the right to choose which security to release.

 

10. Privacy protection

The customer data stated in the contract are stored and processed only for the purposes of our accounting and customer records. The data is used by us to comply with legal regulations, to process payment transactions and for advertising purposes. The data will be treated according to the currently valid data protection law and will not be passed on to third parties.

 

 

11. Place of jurisdiction, choice of law

The place of jurisdiction ratione loci and ratione materiae for all disputes arising directly or indirectly from the contract is exclusively the Austrian court located in Traun.

The law of the Republic Austria shall apply exclusively (excluding the UN Convention on Contracts for the International Sale of Goods). We recognise the Internet Ombudsman as a dispute resolution body. Information about potential dispute settlements can be found at: direct@bechtle.at or +43 7229 / 64 110 - 0 or www.ombudsmann.at/

 

T&Cs As of August 2020

 

T&C Bechtle direct