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Agreements between the TWINCLINE LIMITED and entrepreneurs or consumers:
1) Scope and definitions
1.1) The basis of an order or a contract will always be the general terms and conditions of business of
TWINCLINE LIMITED below. With the conclusion of a contract you confirm and acknowledge that you know them
and that they are incorporated in the contract.
1.2) Terms and conditions of the buyer are hereby expressly contradicted, also for future commercial
transactions. The General Terms and Conditions of TWINCLINE LIMITED shall apply exclusively. This shall
also
be the case where ordering parties refer to their own diverging terms in a letter of confirmation.
1.3) Any agreed variations thereto shall only be binding if expressly confirmed in writing by TWINCLINE
LIMITED. Such deviations are only valid for the particular business agreed upon.
1.4) Entrepreneurs within the meaning of these General Terms and Conditions are all natural or legal
persons
or joint partnerships with legal capacity, in so far as they act in pursuit of their commercial or
professional occupation on conclusion of the relevant legal transaction with us.
1.5) For the purposes of these General Terms of Business, consumer is to be understood as any natural
person, who concludes a legal transaction with an object that can neither be ascribed to his/her
commercial
nor to his/her free-lance activity.
1.6) We are entitled to assign entitlements arising from our business relationships.
2) Offer
2.1) Our quotations are without engagement, unless a deviating provision is agreed in writing.
2.2) Technical details, advice or recommendations as well as assurance of qualities by our staff are
only
binding for us when they have been confirmed in writing.
2.3) Warranties and warranted properties shall apply only if they are confirmed separately in writing in
the
contract by TWINCLINE LIMITED.
2.4) General product descriptions, drawings, samples, models, illustrations, dimensions or other details
of
performance are only approximate illustrative pieces. They are only binding, if they are expressly
agreed
as
binding in a written confirmation letter.
2.5) Changes to construction - or form are reserved during the delivery period, to the extent that these
are
insignificant changes in performance and are reasonable for the ordering party.
3) Warranty / exclusion
3.1) Unless there are particular agreements in writing, the legal period of warranty shall be applied
according to the ABGB.
3.2) The purchaser is responsible for promptly checking the products delivered by the seller for
defects,
quantity and quality and to immediately report to the seller any defects and deviations in quantity or
quality.
3.3) Complaints and objections of any kind must be immediately notified in writing including a precise
description of the fault, otherwise loss of warranty and damage compensation claims results.
Shall be given immediate written notice of all defects, stating the possible causes. This must be made
to us immediately in writing, but not later than 7 days after receipt of delivery. Complaints and
objections made orally, by telephone or not notified immediately will be rejected. Any hidden defects are
to be communicated immediately after their discovery. After the carrying out of an agreed acceptance,
notice of any defect which should have been detected during acceptance shall be excluded.
3.4) If the object of supply shows defects or if the scope of supply does not correspond to the
confirmation
of order or if promised features lack or if the object of supply becomes defective within the period of
warranty, the Seller is entitled - excluding further warranty claims - to choose an option between
maintenance or substitute delivery.
3.5) Notice of defects and objections of any kind have to be done at the place of the Contractor's
domicile
indicating the description of the fault as precise as possible and the customer has to pass over the
defected materials or services. The seller has the right to to carry out improvements to any defects, to
repair them or to provide replacement goods. The return dispatch of complained goods to the Seller has
to be effected without costs for the latter and at the risk of the Buyer.
3.6) Customer has no warranty claims
- defects resulting from inappropriate handling or overstraining
- if the delivery item has been tampered with by a third person or altered by incorporating parts not
originating from us
- if legal or our mounting and treatment instructions are not followed by the buyer or his customers,
unless
the deficiency does not result from this non-observance
- if the delivery item has been produced on the basis of the specifications, especially according to
drawings, of the orderer, and the deficiency of the delivery item is caused by these
specifications/drawings
- incorrect assembly or initial operation by the customer or third parties
- in the case of natural wear
- damage during transport
- improper storage
- in case of interfering operation conditions
- in case of chemical, electrochemical or electrical influences
- in case of non-performance of necessary services or insufficient maintenance.
- event of improper use or excessive use
- if legal provisions, or operation or installation instructions of TWINCLINE LIMITED have not been
followed
3.7) For any costs arising (installation, de-installation, transport,…)
3.8) Restrictions of warranty are to be assigned entirely to any buyers with the obligation for further
assignment to further buyers.
3.9) property damage, pure financial losses and consequential damages are excluded, as well as
shortcomings or defects, which were caused by misuse, neglect, accident or improper installation.
4) Final clauses
4.1) Data protection policies and standards may vary over time. To ensure our customers best possible
protection TWINCLINE LIMITED is regularly adapting its privacy protection. Our customers will be advised
of any changes on this web-page on a timely basis. Therefore, you should periodically check our privacy
protection statements.
In case you realise any violation of this statement, please report this to us immediately.
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