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Terms and Conditions

 of Carpet Competence Design & Handel GmbH

1. Scope of application

We render our services and carry out deliveries exclusively in accordance with these terms and conditions; contradictory or divergent conditions on the part of our customers do not apply unless we have explicitly agreed to them in writing.

Actions performed in fulfillment of the contract do not indicate agreement with divergent contractual conditions.

These terms and conditions are a framework agreement for all further legal transactions between the contracting parties.

Even if do not explicitly object to terms and conditions from the Customer that are contrary or supplemental to our own, they do not apply.

Our terms and conditions can be found at www.carpet-competence.at.

2. Conclusion of contract

A contractual offer from a Customer is subject to a confirmation of the order. The shipment of a product ordered by the Customer is equally subject to the conclusion of contract. If offers are submitted to us, the offerer is bound to it for a reasonable period of not less than 8 days from receipt of the offer.

3. Delivery period

All deadlines for delivery are only non-binding and approximately confirmed, except in the event that they were explicitly and in writing agreed to be binding.

We reserve the right, even in the case of a binding, explicit and written agreement on the delivery period, to extend this by one week.

We are only obligated to deliver services after the Customer has fulfilled all of the Customer’s obligations that are required for execution, particularly all technical and contractual details, preliminary work and preparatory measures.

The delivery period begins only after the Customer has provided in full all data necessary for the execution of the order

4. Place of delivery

The place of delivery is the seat of our company

5. Delivery, Transport, Default of Acceptance

Our sales prices do not include the costs of delivery, assembly, installation or transport. If desired and against separate payment we are able to provide or arrange for these services to be provided. In this case an appropriate administrative fee will be added to the actual cost of transport or delivery, which shall, however, be billed at no less than the standard freight and carriage charges of the selected mode of transport, or the charges that apply on the day of delivery.

Installation and hand-carrying work will be calculated based on the time required, whereby a customary hourly wage will be applied.

The risk of accidental destruction or loss or accidental deterioration, insofar as this did not occur as a result of our actions, is carried by the Customer as soon as the product has been transferred to the shipping or freight carrier or to any other person designated to execute shipping.

Transport damages are to be reported to us without delay. In case of shipment via forwarding agents, any damage is to be marked on the consignment note. In case of shipment by train, an official confirmation of the damage is to be requested from the railway authority and delivered to us.

If the Customer does not accept the product as agreed (default of acceptance), we are entitled, after a grace period, either to place the product into stock, for which an appropriate storage fee will be charged for every calendar day that begins, or, at the expense and risk of the Customer, with an authorized contractor. At the same time we are entitled either to demand fulfillment of the contract or, after setting an appropriate grace period of at least two weeks, we may withdraw from the contract and make other use of the goods.

6. Payment terms/ Default interest

In the absence of an agreement to the contrary, our invoices are to be paid pari passu with delivery of the product. Discount deductions are subject to separate agreement.

In the case of a delayed payment (including of installments), all discount agreements become void. Customer payments are recognized as paid only after they are credited to our business account.

Unless otherwise agreed in writing, the outstanding amount on our accounts is to be paid within 30 days after invoicing, in the net amount and without deductions.

In the case of delayed payments, we are entitled to demand, at our discretion, either the compensation of actual losses suffered, or the default interest at the statutory rate. We are further entitled to charge compound interest in the case of delayed payments, which are calculated beginning on the day of product handover to the customer.  

Should the Customer not fulfill or not completely fulfill his payment obligations, we are entitled to refuse to further fulfill the contract. We are also entitled to refuse the fulfillment of other contracts until the Customer has fulfilled his obligations to us.

If our Customer enters into default of acceptance, our bill for the delivery of the product is owed from the time at which the Customer enters into default of acceptance.

An offset of claims by the Customer is only permissible if the counterclaim has been recognized as final and absolute by a court of law, or if we have recognized it in writing.

The Customer is obligated, in the case of arrears, to compensate us for incurred reminder fees and collection fees, insofar as they are necessary for the assertion of legal rights. This involves either the costs of the commissioned attorney or the reimbursement of debt collection agency fees. 

7. Price

All prices quoted, unless explicitly stated otherwise, are understood to exclude Value-Added Tax.

We are entitled to adjust prices in the event that cost centers or costs associated with service delivery that are relevant for price calculation are adjusted upwards or downwards during the contract period, such as costs for materials, energy transport, outside services, financing, etc. This provision does not apply to consumer transactions.

8. Contract Withdrawal

In the event of default of acceptance or other important justifications such as, in particular, Customer insolvency or an overt lack of assets, such as in the case of payment default, we are entitled to withdraw from the contract, insofar as it is not entirely fulfilled on our part. In the case of withdrawal and outstanding Customer debt we have the option to demand either compensation of aggregated damages in the amount of 20% of the gross invoice, or the compensation of actual losses suffered. In the event that the Customer defaults on payment we are exempt from all further service and delivery obligations, and entitled to retain outstanding deliveries or services, and to claim advance payments or other securities, or, following the conclusion of a reasonable grace period, to withdraw from the contract. If the Customer—without any justification—withdraws from the contract or demands its cancellation, we have the option either to demand fulfillment of the contract or to consent to its cancellation; in the latter case the Customer is obligated to pay, at our discretion, either damage compensation to the amount of 20% of the gross invoice, or the actual losses suffered.

9. Title retention

We retain title to the delivered products until the complete payment of all contractual claims is received. This applies also to all future deliveries, even if this is not expressly referred to.

 In the event of delivery under reservation of title, the Customer shall already assign its claims to third parties, insofar as these arise from the sale or processing of our products, until the final payment of our own claims is received. At our request, the Customer must name his buyer and also inform the buyer of the assignment. The assignment must be entered into the account books, particularly in the open item list, and made apparent to the buyer on delivery notices, billing documents etc. If the Customer is in arrears on his payments, his incoming revenues must be held separately. Any claims against an insurer shall have already been assigned to us within the limits of §15 Austrian insurance contract law (Versicherungsvertragsgesetz).  Claims against us cannot be assigned without our express approval.

In the event that third parties access the products delivered by us under title reservation, the Customer must indicate our ownership and notify us without delay.

The processing and transformation of the purchased goods by our customers through the work of third parties shall always take place on our behalf and by our order, until the complete settlement of the invoice. If the purchased goods are processed together with other goods that do not belong to us, then we acquire co-ownership of the newly created good in proportion to the value of our good as compared to the value of the other products at the time that the work is done.  

In the event that goods are withdrawn as a result of the assertion of title, we are entitled to charge for transport and handling charges that were incurred. The Customer bears the full risk for the reserved goods, in particular for the risk of loss, destruction or deterioration.

10. Warranty/ Notices of Defects

Products we deliver are to be immediately examined by the Customer, and any defects are to be promptly reported, at the latest within 3 days. Hidden defects should be reported in writing within the same time limit after they appear or are discovered.

Warranty periods are determined by law.

In the case of defective goods, we have the choice of either repairing or replacing these. The period granted to us for this is to be agreed on with us, and we are to be given the opportunity to have the notice of defect verified by expert opinions.

If the notice of defect is determined to be unjustified, we are entitled to charge the Customer for the cost of the expert opinion.  

Since we deliver to the Customer goods sourced from a third party, we are to be granted an appropriate time period in which to address the defect, and in which we are able to procure a replacement.

Natural wear and tear and damages that occur after the transfer of risk, and that arise through incorrect or neglectful treatment, excessive use, inappropriate equipment, defective construction, or other particular external forces, are not classified as defects and not justify a warranty claim. The Customer is informed that he must examine the goods after transfer and afterwards to store and protect these properly. We accept no responsibility for damages incurred because the goods were placed at the delivery site in improper storage or exposed to external influences (moisture, temperature, etc.). Damages incurred during handling also do not warranty a claim.

After the delivered goods are cut or process otherwise begins, any claim to outstanding defects is ruled out.

The following do not qualify as defects:

Deviations, e.g of color, thickness, size, weight, finishing and pattern, that are permitted according to the applicable DIN-Norms, and which are caused during the manufacturing process.

Warping of rolled goods arising from the production process, as long as this is within the tolerance limits of the DIN CEN/TS 14159.

Color differences, which can be classified according to the gray scale DIN EN 20105-A 02 > 3.

Compressions or shifts of the pole, which may occur during storage, transport or as the product is being used.

Small-patterned carpets such as COC- or COL-articles tend to create a “zipper effect” around the seam after they are installed. These are a feature of production and for technical reasons, cannot always be avoided during installation.

Shading due to pile reversal, which can, in rare instances, be unavoidable for certain velour carpets.

Print marks created by furniture or similar

Deviations on patterned tiles that are created during production, and which are less or equal to ±5 mm per tile.

The delivery occurs within the delivery dimensions that are applicable to the product. For rolls, deviations in length of up to 10% are not to be classed as damaged, or as an under- or over-delivery. Deviations of width of up to ±3 cm are caused during production.  For orders that specify fixed measures or for special designs and colors, slight deviations from the original dimensions are permitted, as these are a result of the production process:

Up to 200 m² 7%, up to 500 m² 5%, over 501 m² 3%, under-delivery arising through production of up to 5% is permissible, measured in relation to the total order. Individual measurements can be placed in rolls without consulting the purchaser.

The option to make a complaint is also excluded with respect to the delivery of second-choice products, leftovers or extraordinary items.

Insofar as no consumer transaction is involved, even in the case of justified complaints other than cancellation, the Customer is not justified in withholding the entire brutto invoice amount, but only an appropriate portion thereof.

Insofar as no consumer transaction is involved, changes to our service and delivery obligations that are minimal or otherwise reasonable for our customers will be considered approved. This is particularly the case for deviations arising from the product.

11. Damages and compensation

All right to compensation for damages are excluded in the case of simple negligence. This does not apply to personal injuries or, in the case of consumer transactions, for damages to goods that were accepted for processing. The occurrence of simple or gross negligence must be proved by the damaged party, insofar as the matter is not a consumer transaction. 

If the matter is not a consumer transaction, claims for a maximum of 3 times the value of the goods delivered can be asserted.

If the matter is not a consumer transaction, the limitation period for the assertion of claims is 3 years after the transfer of risk. The regulations on damage compensation that are contained in these terms and conditions or other agreements come into effect, if damage claims are asserted in addition to or instead of a warranty claim.

If we recommended a specific product to a client, we only bear responsibility for flawed advice in the event of gross negligence.

12. Product liability 

Recourse claims as prescribed by § 12 PHG (Produkthaftungsgesetz; Product Liability Law) are excluded except in the event that the party claiming recourse proves that the mistake was caused in our areas of responsibility or, at a minimum, was caused by gross negligence.

13. Governing law and jurisdiction

Austrian law is applicable.

The application of UN sales law is excluded. The contract language is German. The contract parties agree to Austrian domestic jurisdiction. If the matter is not a consumer transaction, the court with jurisdiction over the official seat of our company shall be exclusively locally responsible for adjudicating all disputes arising from the contract.

14. Data protection of address changes and copyright law

The Customer gives approval, that the personal data contained the sales contract will be automatically saved and processed in order to fulfill the contract.

The Customer is obligated to inform us of any changes to the Customer’s residential or business address, so long as the contractual relationship has not been fulfilled on both sides.  If this notification is neglected, states sent to the last known address will be considered to have been delivered.

Designs, patterns, plans, sketches or other technical document remain our intellectual property, as do pattern catalogues, prospectuses, drawing and similar. The Customer does not receive any rights of any kind to use or exploit the work.

Updated as of July 2014.