General Terms and Conditions of Sale

1. APPLICATION

The following General Terms and Conditions (“GTC” for short) apply to all sales contracts between FEEDEX GmbH. and a consumer or entrepreneur (“contractual partner” for short) in the version valid at the time of the order.

2. ACCEPTANCE AND CANCELLATION OF ORDERS

Non-standard products are products that are special orders, customer-specific orders, orders for non-standard products, products that are not commonly stocked, or orders for value-added products. Non-standard products are non-cancellable and non-refundable. In the event of cancellation of or withdrawal from an order for any reason (without limiting any other claims for damages to which you are entitled as a result of the cancellation or withdrawal), reasonable cancellation or return costs include all costs and liabilities incurred here.

3. PRICES

The prices specified by us apply for the period specified by us in the offer. For orders with an order value of more than EUR 5,000, the customer must pay a deposit of 40% of the order value (gross, incl. VAT) before development begins. If no period is specified, the quoted prices apply for fourteen (14) days.

4. PAYMENT TERMS

All payments must be made in the currency invoiced on the original invoice.

Invoices that are not paid when due are subject to interest payments up to the payment date at a rate of eighteen (18%) percent per annum or a lower interest rate corresponding to the maximum rate permitted by law.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, including (but not limited to) loss of profit or revenue, recall costs, claims due to business interruption or failure caused by non-delivery, testing and installation costs, costs for replacement products, property damage, personal injury, death or legal costs.

6. STATEMENTS AND RECOMMENDATIONS

If explanations or recommendations of a technical or other nature are offered or given to a customer, these are deemed to be a courtesy to the customer and are provided free of charge. We accept no responsibility or liability for the content of such statements or recommendations.

7. INTELLECTUAL PROPERTY

If an order includes software or other intellectual property, the software or other intellectual property is made available to the customer by us in accordance with the copyright and user licence whose terms are set out in the licence agreement for such software or other intellectual property. None of the information provided here gives rise to any right or authorisation to use software or other intellectual property in a manner or for a purpose not expressly permitted by the licence agreement.

8. RIGHT OF WITHDRAWAL

In the event of any serious breach of contract by the customer, we are entitled to withdraw from contracts that have not yet been fulfilled or not yet fully fulfilled. In particular, we are entitled to withdraw from the contract for the following reasons:

Force majeure
Default of payment by the customer or information indicating impending insolvency of the customer
The customer seeks an out-of-court settlement with its creditors
Opening of insolvency proceedings over the customer’s assets
Dismissal of a bankruptcy petition for lack of cost-covering assets
Compliance with the agreed delivery period becomes impossible or unreasonable due to unforeseeable circumstances, in particular because the customer does not provide the material or data required for the development in good time or in proper form

9. WARRANTY

The customer must report any defects in writing, with a description of the defect, immediately — in any case within eight days of delivery/service by the agency, and hidden defects within eight days of discovering them; otherwise the service is deemed to have been approved. In this case, the assertion of warranty and damage claims as well as the right to contest on the grounds of error due to defects is excluded.

In the event of a justified and timely notice of defects, the customer is entitled to have the delivery/service improved or replaced by the agency. The agency will remedy the defects within a reasonable period, whereby the customer enables the agency to take all measures necessary for the investigation and remedy of defects. The agency is entitled to refuse to improve the service if this is impossible or involves disproportionately high effort for the agency. In this case, the customer is entitled to the statutory rights of rescission or price reduction. In the case of improvement, it is incumbent on the client to arrange the transmission of the defective (physical) item at their own expense.

It is also incumbent on the client to check the service for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The agency is only obliged to carry out a rough check of legal admissibility. In the case of slight negligence, or after fulfilling any duty to warn towards the customer, the agency is not liable for the legal admissibility of content if this was specified or approved by the customer.

The warranty period is six months from delivery/service. The right of recourse against the agency pursuant to Section 933b (1) of the Austrian Civil Code (ABGB) lapses one year after delivery/service. The customer is not entitled to withhold payments on account of complaints. The presumption rule of Section 924 ABGB is excluded.