General Terms and Conditions
By placing the order, the client confirms that the following terms and conditions have been discussed in detail and mutually agreed. He is familiar with these terms and conditions and accepts them in full.
1. General:
These “General Terms and Conditions” apply to all contracts concluded by Mosa GmbH, unless otherwise agreed.
By placing an order, the client expressly acknowledges the validity of these General Terms and Conditions. Deviations shall only apply if they have been agreed in writing. The client’s own general terms and conditions shall not apply, even if Mosa GmbH has not expressly objected to them.
2. Offer and conclusion of contract:
2.1 Offers shall remain valid for 30 days from the date of issue. The quoted price is based on the execution according to the object description. Changes after the order has been placed may result in a price adjustment.
2.2 The order shall be specified in terms of quantity, size, design, price and delivery date. All orders shall only become legally binding upon written order confirmation by Mosa GmbH. Representatives have no authority to conclude contracts.
2.3 Only the services specified in the order confirmation are the subject of the contract. Additional services shall be invoiced separately.
2.4 Employees or third parties are not authorized to make promises that deviate from the agreed main performance obligations.
2.5 In the event of unjustified withdrawal from the concluded contract by the client, Mosa GmbH is entitled either to insist on fulfillment of the contract or to demand a cancellation fee of 20% of the order value.
3. Prizes:
3.1 All prices are net prices in euros and refer to the scope of services contained in the order confirmation.
3.2 Unless otherwise stated, the prices include delivery and installation. Additional transportation or assembly assistance will be charged at cost.
3.3 The price includes broom-clean handover. Fine cleaning and glass cleaning shall only be carried out by special order against payment of the costs incurred.
3.4 In the case of delivery dates of more than 6 months from the order date, Mosa GmbH reserves the right to pass on to the client any interim price increases from upstream suppliers.
4. Execution of the work:
4.1 The execution is carried out according to the object description. Minor deviations that are necessary due to the structural conditions are permissible. Material-related deviations are not a defect.
4.2 Once the production plans have been signed by the client, release for production is granted. Subsequently requested changes can only be considered before the start of production and may be invoiced separately.
4.3 Detailed elaborations and statistical calculations that are not required for production can be prepared on request for a fee.
5. Packaging and storage:
5.1 Mosa GmbH shall pack the goods at its own discretion and take back the packaging.
5.2 The client is responsible for the storage of the elements on the construction site until installation.
6. Delivery dates:
6.1 Depending on the product, delivery times are approx. 6 – 12 weeks from plan approval.
6.2 The prerequisite for meeting the deadline is the complete and timely release of all technical execution details and compliance with the terms of payment
6.3 Mosa GmbH is entitled to extend delivery periods for reasons of force majeure.
7. Terms of payment:
7.1 Advance payment of 40% when placing the order, 40% before delivery, remainder after acceptance and invoicing.
7.2 If payments are not made on time, Mosa GmbH shall not be bound by any delivery deadlines.
7.3 In the event of a significant deterioration in the client’s financial circumstances, Mosa GmbH may demand advance payment or withdraw from the contract.
7.4 In the event of late payment, Mosa GmbH shall be entitled to charge default interest of 10% and reminder fees.
8. Retention of title:
8.1 All purchased items shall remain the property of Mosa GmbH until full payment has been made.
8.2 Resale of the reserved goods is only permitted with the written consent of Mosa GmbH.
9. Warranty:
9.1 Obvious defects must be reported upon delivery. Hidden defects must be reported in writing immediately after discovery.
9.2 The Contractor shall have the opportunity to rectify the defects within a reasonable period of time.
9.3 Warranty period: 3 years for immovable items, 2 years for movable items.
9.4 Damage caused by improper handling or impact is not covered by the warranty.
10. Damages and product liability:
10.1 Mosa GmbH shall only be liable for damage caused by faulty performance or violation of official safety regulations.
10.2 The client must inform Mosa GmbH immediately and comprehensively of any cases of damage.
11. Care and maintenance:
11.1 Repair and maintenance work should be carried out by Mosa GmbH.
11.2 Timber constructions must be regularly inspected for damage and repaired.
12. Applicable law, place of performance, place of jurisdiction:
12.1 Austrian law shall apply.
12.2 The place of performance and jurisdiction is Korneuburg.
Contact information:
Mosa GmbH
Pfarrgasse 39
2014 Breitenwaida
Austria
Tel.: +43 660 737 22 14
E-mail: office@mosabau.com
Web: www.mosabau.com
LANDESGERICHT KORNEUBURG
USt.-ID: ATU80552956
Company no.: FN 624073 f
Management: Valentin Mesnil