General & Scope of Application
The following General Terms and Conditions (GTC) of AccuPower Forschungs- Entwicklungs- und Vertriebsgesellschaft mbH (AccuPower) apply exclusively to deliveries and services to companies and persons acting in the exercise of a commercial activity (Customer).
These GTC do not apply to private individuals or companies who place orders via our online shops.
1.3 Our deliveries and services are provided exclusively on the basis of these GTC. Other terms and conditions, in particular the customer’s GTC, are excluded and AccuPower hereby objects to them. Deviating or additional conditions are only valid if AccuPower expressly agrees to them in writing.
1.4 Verbal agreements are not recognised and are only valid after explicit written confirmation by AccuPower.
Offer, conclusion of contract and delivery
2.1 Our offers are without exception non-binding and subject to change. Orders shall only become binding after they have been confirmed by us in writing.
2.2 Deviations of our order confirmation from an offer are to be objected to by the customer immediately upon receipt thereof, otherwise the content of our order confirmation shall be decisive for the content of the contract.
2.3 Deliveries or partial deliveries shall generally be made “EXW Graz” in accordance with Incoterms as amended from time to time. Other delivery conditions must be agreed in writing and confirmed in our order confirmation. Accordingly, the risk shall always pass to the customer from our warehouse.
2.4 Partial deliveries and the corresponding invoicing of these partial deliveries are permissible.
3.1 The delivery time stated by us in the offer or order confirmation is non-binding, unless otherwise agreed in writing.
3.2 Even an expressly agreed delivery time shall be extended by the duration of unforeseeable events beyond our control (such as strikes, transport problems, official measures, delays in delivery by our suppliers).
3.3 Partial deliveries of goods ordered on call must be accepted by the customer within one month of the agreed delivery date at the latest and must be called off in full within one year of the order confirmation. Otherwise AccuPower is entitled to deliver and invoice the ordered goods to the customer after expiry of one of these periods even without a call-off.
Defects, warranty – liability / exclusion of liability
4.1 Our technical advice is based on the results of many years of experience and on extensive research and test results. However, it is non-binding and does not represent any assurances of properties.
Information from drawings, data sheets and samples are for guidance only and do not constitute binding specifications. These are subject to change without prior notice. The customer must check our products and solutions himself for suitability and applicability for his purposes.
4.2 The customer must inspect the goods immediately upon receipt for visible defects or incorrect deliveries. The customer must notify AccuPower in writing of defects and incorrect deliveries within 7 days of acceptance.
4.3 The duration of the warranty is 6 months. Excluded from this are energy storage devices (such as accumulators or batteries), consumer goods and other parts subject to wear and tear, for which no warranty is granted unless the defect was already present at the time of transfer of risk.
4.4 Generally excluded from the liability for defects are damages caused by natural wear and tear, improper handling, unsuitable operating conditions, excessive stress, non-compliance with proper handling or improper storage.
4.5 Any warranty claims against us shall lapse completely if the buyer or a third party not expressly authorised by us in writing carries out modifications or repairs to the delivered items without our consent. Invoices for this cannot generally be accepted by us.
4.6 The burden of proof in the event of defects shall always lie with the customer. The customer must provide all documents and data required to determine and assess a defect and must ensure that we can inspect the defect by visual inspection (e.g. by returning the goods). Any costs for this shall be borne by the customer.
4.7 We reserve the right to repair or replace the defective parts after a thorough inspection. The warranty period shall not be extended by the rectification of defects.
4.8 Further claims, in particular claims for damages, irrespective of the legal grounds, and liability for consequential damages of any kind are expressly excluded, unless the occurrence of the damage was caused by us intentionally or through gross negligence.
Prices, terms of payment
5.1 The prices and conditions stated in our order confirmation shall apply to all business transactions.
5.2 In the case of order quantities that deviate from our offer, we reserve the right to change the price accordingly.
5.3 Partial invoices for partial deliveries shall be deemed agreed. For goods ordered on call, the invoice amount shall be due on the agreed call date, unless invoicing has already taken place.
5.4 If the agreed payment date is exceeded, we shall be entitled to charge all reminder fees, legal fees and interest on arrears at a rate of 1.25% per month of the outstanding invoice amount.
5.5 In the event of a change in the financial situation of the customer which calls into question the fulfilment of his payment obligations towards us, we reserve the right to deliver the goods only against advance payment, cash payment or against the presentation of securities accepted by us, or to refuse the delivery of the goods. If the customer is unable to meet his payment obligations towards us within a reasonable period of time, we are entitled to withdraw from the contract and, if necessary, to claim damages for non-performance of the contract.
Retention of title
6.1 The object of purchase or the goods remain our property until full payment of the purchase price and all associated costs and expenses. In the event of even partial default in payment, we shall be entitled to collect the goods even without the buyer’s consent.
Industrial property rights and copyright
7.1 All drawings, designs, technical documents, pictures, samples and the like prepared or transmitted by us shall remain our intellectual property and shall be subject to the relevant statutory provisions regarding imitation, duplication and competition.
7.2 If goods are manufactured by us on the basis of design data, drawings, models or other specifications of the customer, the customer itself shall ensure that it does not thereby infringe the rights of third parties. Otherwise, the customer shall indemnify and hold us harmless in the event of any infringement of third party property rights or infringement of third party intellectual property.
Place of performance – Place of jurisdiction – Applicable law
8.1 Place of jurisdiction: City of Graz, Republic of Austria
8.2 Exclusively locally competent court: Regional Court for ZRS Graz
8.3 The contractual relationship shall be governed exclusively by Austrian law.
Data protection notice
9.1 In the context of your use of our website, an enquiry, order or general contact, we process personal data for internal use – in the sense of the Data Protection Act. The protection of your personal data is of particular concern to us.
We have therefore summarised detailed information on the topics of data processing and data protection for you in a separate data protection declaration (the current version of which can be found on our website under Data Protection Declaration