Delivery and assembly conditions

Delivery and assembly conditions by Fa. Weglehner Ges.m.b.H. Matzelsdorf 73, 4212 Neumarkt

GENERAL TERMS:

By placing the order, both contracting parties agree that the primary governing terms shall be the specific delivery and installation conditions of Weglehner Ges.m.b.H., with subsidiary application of the General Terms and Conditions for Delivery and Installation published by the Austrian Trade Association for the Machinery and Steel Construction Industry, in their latest valid version at the time. Any amendment to the contract requires written form. The basis for installation shall be the plans made known to us at the time of order placement or the execution drawings prepared by us. Our quotations are non-binding, excluding setup costs, official permits, etc., excluding general contractor works and excluding any work on existing structures. Based on your provided plans and documentation, excluding electrical installation, excluding electrical finishing works, and excluding TÜV acceptance.

PRICES:

The contractually agreed prices refer exclusively to the scope and execution of the deliveries and services as agreed. Services not included in the quotation will be billed separately. Price surcharges for raw materials and third-party manufactured goods as well as wage increases are expressly reserved. For quotations that can only be calculated approximately, as well as for obvious errors in the transmission of quotations, the stated prices shall be non-binding for us. All cases of force majeure release us from compliance with the obligations undertaken.

DELIVERY TIME:

In all cases of delayed delivery, the purchaser is not entitled—without explicit written agreement—to claim consequences of default, i.e., damages or contractual penalties of any kind. Likewise, any possible exceedance of the delivery time does not entitle the purchaser to cancel the order.

SHIPPING:

Unless otherwise agreed in writing with us, shipment shall always be at the recipient’s expense and risk. Our prices apply ex warehouse or ex works. Transport costs are borne by the purchaser.

PASSING OF BENEFIT AND RISK:

Benefit and risk pass to the purchaser at the latest upon dispatch of the goods from our premises, even if delivery is made under terms such as "franco," "CIF," "FOB," or similar clauses, or including installation. Should shipment be delayed or rendered impossible for reasons beyond our responsibility, the goods shall be stored at the purchaser’s expense and risk.

CLAIMS:

Claims regarding loss, damage, or delay during transport must be addressed directly to the transport company prior to acceptance of the goods. Liability for such damages is expressly disclaimed by us.

INSTALLATION CONDITIONS:

The installation area must be kept clear of all obstructions for the duration of the installation. Installation costs are based on the assumption that installation will be carried out in one continuous operation. Should waiting periods or additional trips become necessary due to site-related reasons, these will be billed separately. The exact installation date must be agreed upon with us, and at this time all necessary prerequisites must be in place. If installation is not possible at the agreed time, we request that you inform us thereof in a timely manner; otherwise, incurred costs will be invoiced. Furthermore, agreed completion deadlines, penalty clauses, etc., shall become void as a result. Any postponement of the installation date must be communicated to us no later than 48 hours prior to the scheduled start of installation. Our installations may also be carried out by subcontractors, to whom our installation conditions equally apply. Electrical drives may not be connected by us but only by licensed electrical contractors. Should a further visit be required for drive commissioning because the electrical connection to be performed on-site has not been completed in time during our installation, this will be billed separately at our prevailing hourly rates. In the event of a delay of the agreed installation or delivery dates not attributable to us, the client must ensure secure on-site storage facilities. From the moment the goods become ready for delivery or are stored at the customer’s premises, the goods shall be deemed delivered and may be invoiced by us. Handling, as well as storage in and out, shall be at the customer’s expense. Prior to the start of installation, a 220 V or 380 V power connection must be available within a maximum radius of 50 m. During the installation period, there must be no power interruptions causing an extension of the installation duration. Any resulting additional time will be billed at our prevailing hourly rates. Access routes to the installation site and internal transport paths must be kept clear of obstructions. Costs incurred due to clearing work or similar measures will be charged to the client.

SPECIAL INSTALLATION CONDITIONS FOR DOORS AND DOOR SEALING SYSTEMS:

Door installation should only be carried out after completion of the final floor surface. If this is not possible, binding information regarding the finished floor level must be provided to our installers prior to commencement of work. However, in the area of door installation, at least a level, solid concrete subfloor must be present to allow stable placement of ladders and scaffolding. Should subsequent floor finishing necessitate readjustment of doors or re-drilling of holes or lock bolts, the costs for the additional site visit will be calculated according to our current hourly rates. All masonry and plastering works above and adjacent to the door assembly must be fully completed. Otherwise, any resulting damage to the door shall be borne by the purchaser. Joint sealing work between door frame and masonry is not included in the price. Door installation is generally carried out behind the reveal. Should additional work become necessary, such as auxiliary structures for door sealing, substructures for electrical drives, etc., these will be charged separately based on actual effort at our prevailing hourly rates. For sectional doors and door sealing systems requiring electrical supply, laying and connection of supply cables as well as the fully wired control box according to our circuit diagrams must be performed on-site by a licensed electrician. For installation of door sealing systems onto trapezoidal sheet metal, lightweight building materials, or similar substrates, a load-bearing, level substructure must be provided on-site by the client.

ACCEPTANCE OF SERVICES:

Acceptance of installed systems may be carried out in partial steps or as a whole immediately after delivery or installation, upon notification of readiness for handover by the client or their authorized representative. If no representative of the client appears for this acceptance, the systems shall be deemed accepted, and the service shall be considered fulfilled and acknowledged. Should acceptance occur at a later date due to other agreements with the client, any resulting costs shall be borne by the client. The client assumes liability for any damage to the installed systems occurring between completion of installation and the later acceptance date. Acceptance may not be refused due to minor defects or missing site-provided services essential for the system’s functionality. Defects or missing components must be noted in the acceptance certificate. Any TÜV or labor inspectorate inspection invoiced by us shall be regarded as an external inspection and shall not affect the client’s obligation to accept; thus, such an inspection cannot delay the acceptance date. In the event of justified claims for rectification or necessary additional work, the client is entitled to withhold from payment the amount necessary to cover the costs of such rectification or additional work. Beyond this, payment obligations according to the agreed payment terms become effective upon acceptance.

PAYMENTS:

Unless otherwise agreed, our invoices are payable net upon receipt. Payment by bill of exchange is not accepted. Ownership of the goods remains with Weglehner Ges.m.b.H. until full payment has been received.

PLACE OF PERFORMANCE:

The place of performance is the registered office of our company.

JURISDICTION AND APPLICABLE LAW:

The courts of Freistadt shall have exclusive jurisdiction over all disputes arising from this contract. Austrian law shall apply. Arbitration agreements are reserved. Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions.

QUOTATION AND ORDER CONFIRMATION DOCUMENTS:

Quotations, order confirmations, and their attachments, such as drawings, illustrations, photographs, printed materials, etc., remain our property and may neither be copied nor disclosed to third parties without our prior written consent. Detailed workshop drawings will not be handed over even upon order placement but will be made available to the customer for inspection and approval upon request.

SPECIAL PROVISION:

Purchasing terms and conditions contradicting our general delivery and installation conditions shall not be recognized unless expressly confirmed by us in writing.

DATA PROTECTION pursuant to Art. 28 GDPR:

Weglehner Ges.m.b.H. informs the client that personal data provided by the client will be stored and processed within the scope of the usage underlying these General Terms and Conditions. This may be revoked in writing at office@weglehner-verladetechnik.com . No disclosure of data outside the scope of these General Terms and Conditions will occur.