TPI GmbH

Rieglerstr. 21
4873 Frankenburg
Österreich
Gesund durch Wärme
mit Infraworld Infrarotkabinen
und Saunen.

General Terms and Conditions of Business
TPI GmbH, Rieglerstraße 21, A-4873 Frankenburg


I. Scope of application

The terms and conditions apply to all business transactions between the seller and the customer. The terms and conditions are also binding for subsequent transactions. Amendments and ancillary agreements must be made in writing. The management reserves the right to approve the order in question. All offers made by TPI GmbH are subject to change and non-binding, unless they are marked as binding. The conclusion of the transaction is only binding for the seller after sending an order confirmation.


II. Delivery

  • Delivery shall be made at the customer's expense.
  • The delivery period shall commence on the date of the order confirmation.
  • Partial deliveries are permissible.
  • If a delivery date is exceeded by more than 10 weeks and if a reasonable grace period to be set by the customer has expired without success, the customer may withdraw from the contract.
  • Claims for damages due to late delivery are excluded.
  • Unforeseen events such as force majeure, war, warlike events or other unrest, delays in transportation, shortages of raw materials, strikes or other interruptions to production as well as other disruptive events shall release us from our obligation to deliver on time for the duration of such events. If the events last longer than 10 weeks, TPI shall be entitled to withdraw from the contract in whole or in part.
  • All shipping costs, in particular packaging, transportation costs and transport insurance shall be borne by the customer.

III. Prices and terms of payment

  • All prices are exclusive of statutory value added tax. All prices and ancillary costs are calculated according to our price list valid at the time of delivery.
  • Price escalation clause: Increases in the price of raw materials by more than 5% since acceptance of the order for reasons beyond the seller's control shall be borne by the customer. The seller must inform the customer of these circumstances as soon as they become known. If the customer does not agree with the price increase, he may withdraw from the contract free of charge within 14 days of notification. If the customer does not make a decision within the set period, the seller is entitled to withdraw from the contract. In all cases, claims for damages or other claims against the seller are excluded.
  • Payment shall be made promptly net cash (without deduction). In the case of special agreements, the terms of payment specified in the contract shall apply. If the payment deadline is exceeded, we shall charge interest on arrears amounting to 1% of the invoice amount per month. Overdue invoices shall be transferred to a debt collection agency. Any intervention fees incurred shall be borne by the buyer. In the event of late payment, delivery shall only be made against cash on delivery. The customer is not entitled to withhold payments due to incomplete delivery or performance, guarantee or warranty claims.
  • The seller retains title to all goods delivered by him until full payment of the invoice amounts plus interest and costs. Until this time, the buyer is only entitled to resell, process or combine the goods with the written consent of the seller, except in those cases in which the goods are intended for resale, processing or combination. The customer undertakes to assign his own claims from the resale to secure the seller's purchase price claim and to make a corresponding note in his books or on his invoices. In the event of seizure or other claims, the buyer is obliged to point out the seller's right of ownership and to inform the seller immediately.

IV. Warranty

The seller warrants that the delivered goods have the expressly agreed or usually assumed characteristics. The warranty period shall be limited to the statutory period. In the event of defective delivery or performance, the warranty obligation shall be limited to improvement or replacement delivery at the discretion of the seller. Any warranty obligation shall lapse if rectification or other work is carried out on the delivered goods by third parties without the seller's consent. The buyer's claim to warranty by TPI GmbH is not transferable.


Warranties are excluded for:

  • Damage caused by force majeure or environmental influences (water, fire, dirt, dust, heat, lightning, cold).
  • Wear parts are not covered by the warranty. This includes, for example, heating rods, sauna stones, lamps, glass rods of infrared heaters and acrylic plastic panes. Shipping, transportation, travel, repair or installation costs incurred will not be reimbursed by TPI. This also applies in particular to costs incurred without the written authorization of the TPI service department due to service assignments by external companies. The working and travel times required for the assertion of the warranty shall be charged according to the rates of TPI GmbH applicable at that time. TPI is free to either provide a replacement free of charge or to repair the defective goods.
  • The place of fulfillment of the warranty is the registered office of TPI GmbH, Rieglerstraße 21, 4873 Frankenburg, Austria. Notification of defects shall not entitle the customer to withhold or reduce invoice amounts due. Replaced parts and machines shall become the property of TPI GmbH. Complaints about our products must be reported by the end customer to the contractual partner from whom the product was purchased. Warranty processing by TPI takes place exclusively via the contractual partner.


V. Liability

  • TPI GmbH assumes no liability and shall not pay compensation for damages caused by defective products. In particular, compensation for damages for downtimes, delays in delivery, replacement equipment, loss of capital and interest and personnel costs are excluded.
  • We shall only be liable for damages to the customer if we or our vicarious agents are guilty of intent or gross negligence. Liability is limited to the amount of the agreed fee for the product that caused the damage or is directly related to the damage. We are not liable for claims for damages by third parties, for indirect damages, for loss of profit or expected savings.

VI. Place of jurisdiction

The exclusive jurisdiction of the relevant courts in Upper Austria is agreed for the resolution of all disputes arising from a contract - including those concerning its existence or non-existence. Austrian law shall apply.

 

Status: May 2021