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Schneilinger Consulting eU

Beindelgasse 45

3400 Klosterneuburg

email: consulting@schneilinger.com

mobile: +43 664 432 0 567

Bank details:

FIRST BANK

IBAN: AT50 2011 1842 5834 0000

BIC: GIBAATWWXXX

VAT number (AT): U65044515

VAT number (DE): 345022439

EORI no: ATEOS1000035112

Commercial register number: FN329262i

Terms of Service

Unless expressly agreed otherwise, our general terms and conditions, which have been made known to the contractual partner, apply. Our contractual partner agrees that, in the event of his use of the general terms and conditions, our terms and conditions are to be assumed, even if the contractual partner's terms and conditions remain unchanged.

Offer / prices

Our prices are non-binding and subject to change and apply to the respective item or service offered. The contract is only considered concluded when we have sent a written order confirmation. In the event of deviations from orders in terms of packaging, minimum quantities and transport, we allow ourselves to charge a price surcharge. These are shown separately on the invoice. In the absence of any other agreement, we are entitled to invoice the work to be performed by us based on the actual occurrence and the expenses incurred by us. If no justified objection is made in writing to our invoice within 5 working days, it is in any case deemed to have been approved. We are expressly entitled to make partial invoices if the service is provided in parts. Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax. In the case of offsetting, the statutory sales tax will be added to these prices.

confidentiality 

Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular forwarding, duplication, publication and making available, including copying even in extracts, requires our express consent. All of the above documents can be reclaimed from us at any time and must be returned to us immediately without being asked if the contract is not concluded. In addition, our contractual partner undertakes to keep the knowledge gained from the business relationship confidential to third parties.

Terms of payment

The invoice is to be paid according to the specified payment conditions. Payment is only to be regarded as made on time if the amount has been received on the due date or has been credited to our account. Possible delays in payment are to be reported immediately. If the delay in payment is not remedied within a reasonable grace period, we are entitled to withdraw from the contract and / or to demand compensation for non-performance. This applies in particular to follow-up business that has been agreed but has not yet been carried out. If we become aware of facts from which it emerges that the buyer is no longer creditworthy, we are entitled to demand payment before delivery of the goods even if something else was previously agreed and to make our claims due. The withholding of payments due to alleged counterclaims not recognized by us or legally established by the purchaser is not permitted, nor is offsetting against such counterclaims.

Retention of title

The goods remain our property until the purchase price and all costs and expenses have been paid in full. In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract. We reserve the right of ownership to the delivered goods until they have been paid for in full. If the delivered goods are processed or processed before payment, the seller acquires aliquot co-ownership of the semi-finished or finished product.

Non-performance / delay in delivery and performance

In any case, the customer has to accept minor overruns of delivery times for goods without being entitled to a claim for damages or a right of withdrawal. The delivery date is fixed insofar as we can withdraw by a simple declaration in the event of default by the contractual partner without setting a further grace period. This declaration must be made within 3 days. We are entitled to assert all damages resulting from the delay. Delays in product developments will be communicated to the client and a new date will be given.

shipping

All goods are dispatched at the buyer's risk; incoterm EXW is agreed for deliveries abroad. Goods are only insured by us at the express request of the buyer and at his expense. The buyer holds us harmless for assistance in the context of loading activities.

freight charges

Our prices are carriage paid to the recipient's station. The prices for delivery abroad are based on the incoterm EXW (Austria, D, NL, PL, I, CH). Any freight or special travel costs incurred are shown separately on the invoice.

packagings

Packaging provided on loan must be handled carefully and returned immediately after emptying at your own expense. If this does not take place within one month after emptying or the best before date of the contents, we reserve the right to organize the retrieval and, if necessary, disposal of the contents ourselves, but to invoice them. For packaging that is damaged or can no longer be found, we will invoice the value as new.

Technological and legal advice

We do not assume any liability for technical assistance and legal advice; in particular, services and legal information do not release the buyer from carefully checking the suitability (through trial productions of the articles and legal advice from authorities, etc.) of the solutions and suggestions for improvement offered. The documents created serve as recommendations and must be checked and approved by official authorities. Schneilinger Consulting is not liable for any complaints due to incorrect documents. Production proposals are also created to the best of our knowledge and belief, but must be discussed and checked in advance in consultation with the contract manufacturing company. Schneilinger Consulting cannot accept any liability here either.

Product development

Developments are carried out on customer request. The requested composition is composed to the best of our knowledge and belief, legal information and documentation must be submitted to official authorities and offices to check for correctness. Schneilinger Consulting cannot be held liable for the stability of the products or, in the event of displeasure / complaint, be confronted with claims for damages. The legal admissibility must also be checked by the buyer. The buyer has the right to withdraw from the contract against payment of 30% of the invoice amount without giving reasons (§ 909 ABGB).

Unilateral changes in services

Objectively justified and appropriate changes to our performance or delivery obligation, in particular appropriate delivery deadlines or short-term overruns on our part, are deemed to have been approved in advance. Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to overruns of delivery times. If the actual time limit can be estimated, but no later than one week before the originally agreed delivery date, we will announce how long a delay can be expected.

Warranty / complaints

The transferee always has to prove that the defect already existed at the time of handover. The goods must be examined immediately after delivery. Defects detected in the process are also to be reported to the seller immediately, but no later than 2 days after delivery, stating the type and scope of the defect. Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty or damage claims as well as the right to avoid errors due to defects are excluded in these cases. We are not liable for damage resulting from incorrect use of the product or from processing unsuitable materials. Small fluctuations in quality as well as objectively justified and appropriate changes to our performance obligation are to be tolerated by the buyer and do not entitle the buyer to refuse acceptance or to claim damages.

Compensation

Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Claims for compensation expire within 2 months from knowledge of the damage and the damaging party. Apart from personal injury, we are only liable if the injured party can prove gross negligence. The applicability of the rules of the laesio enormis is excluded.

Product liability

Any recourse claims that contractual partners or third parties make against us under the title “product liability” within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.

Force majeure

Events of force majeure, legal dispositions, in particular regarding the supply of raw materials, non-compliance with delivery contracts on the part of our suppliers entitle the seller to withdraw from the contract or its unfulfilled part without any obligation to pay compensation.

Refusal of performance and prohibition of retention

Justified complaints do not entitle to withhold the entire, but only an appropriate part of the invoice amount.

Formal requirements

All agreements, subsequent changes, additions, subsidiary agreements, etc. must be made in writing to be valid, including the original signature or the secure electronic signature.

Choice of law

Austrian substantive law is to be applied to this contract, the applicability of the UN sales law is excluded. The contract language is German.

Place of jurisdiction

For the decision of all disputes arising from this contract, the competent court at the headquarters of our company is locally responsible (A-2100 Korneuburg, Lower Austria). However, we also have the right to sue at the general place of jurisdiction of the contractual partner.

Treasury clause

If individual provisions of these delivery and sales conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.

General

We expressly reserve the right to make changes of any kind. We are not liable for verbal information or promises by our employees. All of our offers are non-binding. Subject to prior sale. Oral agreements require written confirmation to be valid. As far as the use of our products is subject to special legal regulations, the buyer is responsible for checking and observing all related questions. Every recommendation about the use of our products is made to the best of our knowledge and is intended to provide advice. Due to the variety of possible applications and the conditions of use that are beyond our control, we cannot accept any liability for individual cases.

Electronic billing

Our customer agrees that invoices can also be created and sent to him electronically.

 

valid from 2021

 

General Data Protection Regulation

 

liability

Although the information on the homepage is continuously checked and updated with all care, no liability or guarantee can be assumed for the correctness and completeness of the information provided. Schneilinger Consulting reserves the right to make changes or additions to the information provided without being obliged to update it regularly. Data transmission by electronic means (internet / other wireless data connections) is not 100% secure. Therefore Schneilinger Consulting cannot accept any liability or guarantee for the security of such data transmissions.

data protection

a. Data protection

Schneilinger Consulting takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. Our website can usually be used without providing personal data. Insofar as personal data (name, address, e-mail addresses) are collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent. We do not use this data and generally do not pass it on, but we cannot rule out that this data will be viewed in the event of illegal behavior. We would like to point out that data transmission over the Internet can have security gaps. A complete protection of the data against access by third parties is not possible. The use of the contact data published in the legal notice by third parties for sending unsolicited advertising and information materials is hereby expressly prohibited. Schneilinger Consulting reserves the right to take legal action in these cases.

b. Data protection declaration for the use of Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc. 1600 Amphitheater Parkway Mountain View, CA 94043, USA. Google Analytics uses "cookies" - text files that are saved on your computer and that enable your use of the website to be analyzed. The information generated about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website, including your IP address, and from processing this data by Google by downloading and installing the browser plug-in available under the following link : http://tools.google.com/dlpage/gaoptout?hl=de

c. Google Adwords

Our website uses Google conversion tracking. If you reach our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. These cookies lose their validity after a predefined period and are not used for personal identification. If you visit certain pages of our website again and the cookie has not yet expired, we and Google can recognize that you clicked on an ad and were forwarded from it. Cookies differ depending on the customer. With the conversion cookie, we find out the total number of users who clicked on an ad and were redirected to a corresponding page. However, we do not receive any personal information so that you could be identified as a user. If you do not want tracking, you can set a Do Not Track cookie or set your browser to block cookies from the “googleleadservices.com” domain.

d. LinkedIn

Plugins of the social network LinkedIn of the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter “LinkedIn”) are integrated on our website. You can recognize the LinkedIn plug-ins by the LinkedIn logo. When you visit our website, the plug-in establishes a direct connection between your browser and the LinkedIn server. LinkedIn receives the information that you have visited our site with your IP address. In your LinkedIn account you can link the content of our pages to your LinkedIn profile. This enables LinkedIn to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by LinkedIn. Details on data collection as well as your rights and setting options can be found in LinkedIn's data protection information. You can find this information at: http://www.linkedin.com/legal/privacy-policy .

e. XING

We use functions of the social media network XING from XING SE, Dammtorstraße 30, 20354 Hamburg, Germany on our website. By calling up pages that use such functions, your data (IP address, browser data, date and time, cookies) can be transmitted to XING, saved and evaluated. If you have a XING account and are logged in, this data will be assigned to your personal account and the data stored in it. The data protection guidelines, what information XING collects and how you use it can be found at https://www.xing.com/privacy.

Industrial property rights / intellectual property

All names, brands and logos used on our website are the property of Schneilinger Consulting or are used with authorization. All images, texts and the collection of downloads on this page are subject to copyright. Passing on this collection (including extracts) on download pages, on data carriers or even collecting electronic media is not permitted without written permission.