General Terms and Conditions
of the company MM-Net e.U./Ing.Michael Muschka Netzwerke, hereafter called MM-Net/Seller or Provider.
1.1 These terms and conditions apply to all offers and all agreements/contracts concluded with MM-Net, in writing and orally.
1.2 Accordingly, the scope is understood for delivered goods, as well as for the provision of (services).
1.3 Deviations from these terms and conditions are only valid if accepted in writing by MM-Net.
2.1 Offers are principally without engagement.
2.2 In connection with an offer, documents such as plans, sketches, material lists, may neither be copied nor made accessible to third parties without the consent of MM-Net.
2.3 If no order is placed with MM-Net, the documents mentioned under point 2.2 have to be returned to MM-Net.
3. entry into force of the contract
3.1 The contract shall be deemed concluded when MM-Net has received a written or oral order. Furthermore, the contract shall be deemed concluded when the customer confirms by signature a confirmation of completion or execution of a service already rendered by MM-Net.
3.2 MM-Net is entitled to refuse an order without giving reasons until one month after receipt of the order.
3.3 Subsequent changes and additions to the contract require a written confirmation by MM-Net to be valid.
3.4 If a buyer/client withdraws from the contract or refuses to fulfill the contract, he is obliged to pay up to 25 percent of the gross order value as lump-sum compensation to MM-Net. MM-Net reserves the right to claim damages exceeding 25 %.
4.1 All prices are in Euro excluding the legal value added tax.
4.2 MM-Net reserves the right to charge quantity surcharges or manipulation costs for orders of small quantities.
4.3 The prices refer exclusively to the product and not to possible costs for transport, taxes, insurances, fees or other charges. These costs shall be borne exclusively by the buyer/customer.
4.4 In the event of insolvency proceedings, all discounts granted shall only be deemed to have been agreed on a conditional basis and the gross invoice amounts (list prices) shall be taken as a basis.
shall be taken as a basis.
5.1 The packaging costs shall be borne by the Buyer and shall be invoiced separately.
5.2 Packaging will not be taken back.
6.1 Unless otherwise agreed, delivery costs shall be borne by the Buyer.
6.2 The delivered goods travel at the risk of the buyer.
6.3 MM-Net is entitled to make partial deliveries and to charge for them.
7. delivery and completion periods
7.1 In the absence of any express agreement to the contrary, all delivery periods are always subject to change.
7.2 MM-Net shall not be liable for delays caused by unforeseen events in production, transport, disruptions in the delivery plants of sub-suppliers or by force majeure, even in the case of agreed delivery periods. Such circumstances entitle MM-Net to withdraw from the contract unilaterally, without the purchaser being entitled to claim damages against MM-Net for this reason.
7.3 If MM-Net does not meet the deadlines for completion of services, and the reasons for this are not directly related to negligence on the part of MM-Net, the customer shall not be entitled to any kind of compensation or penalty claim against MM-Net.
8. terms of payment
8.1 Basically all payments have to be made promptly and without any deduction.
8.2 MM-Net also reserves the right to deliver only against advance payment.
8.3 MM-Net reserves the right to make a down payment.
8.4 Checks and bills of exchange are not accepted.
8.5 The buyer/client is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
8.6 MM-Net is not obliged to remind an invoice, which has not been settled by the due date, and can immediately hand it over to a lawyer for judicial collection.
8.7 A discount deduction is only allowed if it is granted on the invoice.
8.8 Interest on arrears shall be based on the amount of bank interest for overdrafts on an account.
9. reservation of proprietary rights
9.1 All goods delivered by MM-Net remain your property until the complete payment of the purchase price including all additional charges.
9.2 Pledging, mortgaging, passing on to third parties of delivered material of MM-Net under reservation of proprietary rights is not allowed.
9.3 MM-Net is entitled to demand the immediate return of the delivered but not yet completely paid goods, if the buyer does not meet his payment obligations to MM-Net punctually and completely or if bankruptcy or composition proceedings are applied for or opened against the buyer’s assets or if the buyer de facto stops his payment or approaches his creditors because of the conclusion of an extraordinary composition.
10.1 The warranty period shall be one year after completion of the installation.
10.2 The Buyer shall immediately inspect the delivered goods for completeness and defects. If defects are found, MM-Net has to be informed immediately.
10.3 For any defective goods a replacement will be provided promptly after careful inspection, but not for consequential damages such as failure of a system and the like.
11.1 MM-Net is liable within the scope of the product liability law.
11.2 MM-Net shall be liable for damages outside the scope of application of the product liability law only if intent or gross negligence can be proven, within the scope of the statutory provisions.
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11.3 Liability for slight negligence, compensation for consequential and pecuniary damages, unrealized profits or savings, loss of interest and damages from third party claims against the buyer/customer is excluded.
12 Place of performance and jurisdiction
12.1 Place of performance for delivery and payment as well as all obligations of the customer/buyer/client towards MM-Net is Vienna.
12.2 Only the Austrian law applicable to the legal relationship of domestic parties shall apply.
12.3 Deviating trade customs as well as the UNCITRAL Convention of the United Nations on Contracts for the International Sale of Goods are excluded by mutual agreement.
excluded by mutual agreement. Likewise, conflicting contractual terms and conditions.
12.4 If, in exceptional cases, Austrian law is not applicable, the legislation of the European Union shall apply in this case.
13.1 The customer and/or supplier of MM-Net commits himself to secrecy of all operational or product-specific information, which became known to him in the context of the business activity.
14. severability clause
14.1 Should any provision of these General Terms and Conditions be invalid or contestable, this shall not cause the invalidity of all provisions of these General Terms and Conditions. The ineffective provision shall be replaced by an effective provision, the content of which comes as close as possible to the economic purpose of the ineffective provision.
15 EDP recording
15.1 The customer expressly agrees that his data will be recorded and processed by computer. MM-Net commits itself to use the data only for own purposes and not to pass them on to third parties without explicit approval of the customer.
16.1 MM-Net does not assume any liability for the contents of linked websites.
16.2 Information carefully checked, but without guarantee.
16.3 The entire content of the website such as images, texts, photos and the MM-Net logo are legally protected and may only be used with the express written consent of MM-Net.