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Conditions of Use
Stand: 20.05.2009
General Terms and Conditions (GTC 2009)
I. Applicability
The supplies, services and offers of the Austrian Joint Forces Command, AIRPOWER09, HINTERSTOISSER Airbase, 8740 ZELTWEG, hereinafter called AIRPOWER09, shall only be provided on the basis of the following terms and conditions. Opposing GTC or customer GTC differing from the present GTC shall not be accepted unless we have expressly consented to them. Acts performed by our side for the fulfillment of the contract cannot be seen as consent to differing GTC. The GTC quoted in this contract are to be seen as a framework agreement, also applicable for all further legal transactions between the parties to the contract.
II. Conclusion of Contract
The offers displayed on the www.shop-airpower09.at internet site are non-binding invitations for customers to order goods. With the ordering of goods the customer makes a non-binding bid. Goods can be ordered by completing and dispatching the internet-based online form, by sending an email or a fax, by making a phone call or by sending us a paper mail. The customer’s order becomes effective upon its arrival at AIRPOWER09. AIRPOWER can accept an order within 7 working days after its receipt. After this period has elapsed without acceptance, the order has to be seen as rejected. Acceptance of an order ca be expressed either by returning an order confirmation mail to the customer or by sending him the ordered goods, in any case only after receipt of payment. The date of shipment is the relevant reference date for meeting the order acceptance deadline. Order confirmations can also be sent by email.
III. Price
All prices mentioned by us, unless not explicitly stated otherwise, are understood to be inclusive of VAT. Wrapping and shipment costs will be charged separately. Customers will be charged with prices valid at the time of placing their order (Subject to errors, misprints, and suchlike.). With each updating of the AIRPOER09 internet site, all previous prices and information on goods become invalid. In case of obvious mistakes, AIRPOWER reserves the right to recalculate a proper price based on specialist consultation.
IV. Terms of Payment, Interests for Delay
Due to a lack of mutual agreements, charges have to be covered concurrently with the reception of the ordered goods. Discounts have to be agreed upon separately. In case of a delay in payment as well as of partial payment, possible discounts become invalid. Payments become only effective upon their arrival on our bank account. In case of a delay in payment we have the right to charge the customer either with compensation in the amount of the losses resulting thereof or with interests for delay as laid down in law.
V. Avoidance of Contract
In case of distance marketing (§§ 5a ff of the Consumer Protection Act) the consumer can withdraw from a contract within seven working days, not counting Saturdays as working days (§ 5e CPA). Deadline starts with the day of the arrival of the goods at the consumer and, in case of services, at the day the contract is concluded. It is sufficient to dispatch a written notice of repudiation of contract within this period of time. In case a consumer withdraws from a contract according to theses regulations, he has to bear the costs for the return of the goods.
Notices of repudiation of contract have to be sent in writing to
Streitkräfteführungskommando
AIRPOWER09
Fliegerhorst Hinterstoisser
A-8740 ZELTWEG
AUSTRIA
E-Mail: office@airpower09.at
Goods have to be returned to this address as well. The right of withdrawal from a contract is not applicable
1. in case of contracts concluded for the dispatch of goods produced according to specific customer demands or ordered goods that were tailored to the customer’s personal needs
2. in case of contracts on goods which, due to their specific features, cannot be returned to AIRPOWER
3. in case of contracts on the delivery of audio and video recordings or software (CDs, DVDs, etc) if the delivered data carriers have already been unsealed by the customer
4. in case of services that have already started to be executed according to the contract within 7 days after the conclusion of such a contract.
5. in all other cases regulated by law
In case of avoidance of contract, payment shall only be reimbursed in total or partially when the ordered goods are concurrently returned by the purchaser. These goods should be free of tear and wear, still originally packed and ready for reselling. For articles which show sings of usage or have a damaged wrapping, we will claim or retain an adequate compensation for decrease in value. The same applies if parts of the returned goods are missing.
VI. Default Charges and Collection Charges
The contractual partner (customer) shall reimburse to the creditor default charges and collection charges caused by delay and necessary for legal steps, especially costs for the collecting agency up to the maximum amount that is laid down in the rules and regulations of the Austrian Economy Ministry concerning the payment of services of collection agencies. In case the creditor undertakes collection proceedings on his own, the debtor shall pay a sum of Euro 10.90 for each collection letter as well as EUR 3.63 per half-year for keeping the debts up to date.
VII. Shipment, Transportation, Default in Acceptance
Our selling prices do not include costs for shipment, assembly and installation. On demand, however, we will provide or organize these services for extra payment (details you can find on the extra page about shipment costs). Delivery deadline results from the electronic calendar. Delivery deadline data are not binding, as far as such a deadline has not been exceptionally guaranteed in writing. In any case, we will deliver the ordered goods within the statutory period of 30 days. All deliveries shall be seen with the proviso that we also have received the ordered goods from our own retailer in time. In case ordered goods are not available due to reasons we are not responsible for, AIRPOWER09 shall immediately inform the customer, who will then have the right to withdraw from the contract. If a customer does not take over the ordered goods as agreed upon (default of acceptance), we have the right, after having set a second, final deadline, to either store the goods in our premises and charge the customer with a storage fee of 0.1% of the gross invoice amount for each started calendar day or to store them, on the customer’s costs and risks, in the store of a businessman licensed for that. At the same time we have the right to insist on the fulfillment of the contract or to withdraw from it after having extended the deadline by two weeks and to use the goods otherwise.
VIII. Place of Fulfillment
Place of Fulfillment is 8740 ZELTWEG (Austria).
IX. Slight Changes in Fulfillment
In case of a consumer business, minor changes or other changes to our obligation of rendering services or fulfilling deliveries which are deemed to be acceptable for our customers are considered as allowed beforehand. This applies especially to changes caused by the nature of goods (e.g. dimensions, colors, etc.)
X. Indemnification
Indemnity claims are not applicable in cases of slight negligence. This does not apply to damages to persons and, in case of consumer businesses, to damages of goods taken over for adaptation. In case of a non-consumer business slight and gross negligence, if evident, have to be proven by the aggrieved party. Indemnity claims pertaining to non-consumer businesses have to be forwarded within 3 years from transfer of risks. The regulations quoted in these GTC as well as other indemnification-related regulations agreed upon shall also apply when an indemnification claim is forwarded together with or in place of a warranty claim.
Prior to the connecting of transportation of EDP-related products and the installation of computer software, the customer is obliged to sufficiently save all data already stored on the computer, otherwise the customer will have to take over responsibility for the loss of data and all damages related to it.
XI. Product Liability
Claims or recourse in the sense of § 12 of the Product Liability Law are not possible unless the recourse beneficiary can prove that mistakes have their origin within our sphere of action and were caused by at least gross negligence.
XII. Reservation of Proprietary Rights and Forwarding of such a Claim
All goods are delivered by us with the reservation of proprietary rights. They will remain our property until they are fully paid. The claiming of proprietary rights causes only a withdrawal from the contract if such a step is explicitly declared. For redemption of goods we are entitled to charge the customer with transportation and handling fees. In case of third party access to goods which are subject to retention of title – especially in the form of garnishment – the customer is obliged to point out that the goods are still in our possession and shall inform us immediately about this situation. In case the customer is a consumer or a businessman whose business does not include the dealing in goods purchased from us, he will not be entitled to dispose of goods subject to retention of title, especially he will not be allowed to sell, pledge or lend them or to give them away. The customer will bear the full risk for goods subject to retention of title, especially the risk of destruction, loss or deterioration.
XII. Assignment of Claim
In case of delivery with reservation of proprietary rights the customer shall already at this time assign to us his claims against third parties, insofar as such claims arise by the selling or processing of our goods until the moment when our claims will be fully paid. On our demand, the customer has to name us his buyers and to inform them in time about the assignment. The assignment has to be documented in the account books, especially in the open position list, and has to clearly visible for the purchaser on delivery notes, invoices, etc. In case the customer is in arrears with his payments to us, the sales revenues for such goods have to be booked separately from the other revenues and the customer shall only possess them in our name. Possible claims against an insurer are assigned to us at that moment (see § 15 of the Insurance Contract Law). Claims against us must not be assigned without our explicit consent.
XIII. Applicable Law, Place of Jurisdiction
Austrian law will be applied. UN Purchase Law shall be explicitly excluded. The contract language is German. The parties to the contract agree on Austrian domestic jurisdiction. In case of a non-consumer business, the competent court at the company headquarters deciding on disputes arising from this contract shall be only locally responsible.
XIV. Data Protection, Change of Address and Copyright
The customer gives his consent that personal data contained in the purchase contract will be electronically processed and saved by us as part of the contract administration procedure.
The customer is obliged to inform us on changes of his private and business address as long as the contract has not been mutually fulfilled. In case of non-information, mail sent to the last known address will be considered as delivered. Plans sketches and any other technical documents will remain our intellectual property for all times, as well as samples, catalogues, brochures, pictures and such like. The customer will not receive any rights of use or exploitation thereof.
XV. Additional Term for Software Products
When purchasing a software product, the customer gets a data carrier (CD-ROM, DVD, disc, etc.), the attached documentation – if available – and a license for the use of this software product according to the license terms of the producer or another licenser. The customer shall acknowledge these license terms when using the software product for the first time. The software products will remain the intellectual property of the producer or licenser. All rights to the product names, brands and logos used for software products in the shop or on internet sites appertain to the producers and licensers of the offered software products. When using purchased software the customer is obliged to observe third-party copyrights.
Concerning defects, the regulations of the relevant software producer or licenser shall be applied additionally. First, the customer shall try to obtain fulfillment of his claims by the software producer or licenser out of court. The customer is obliged to take proper measures against the loss of data.
As the reinstallation of software as well as the modification of installed software carries the risk of loss of data, proper action in the form of a comprehensive data backup has to be taken.
