TERMS AND CONDITIONS
David Thomas Burns e.U. / Nonnbergstiege 10 / 5020 Salzburg
AREA OF APPLICATION
These terms and conditions form an integral part of each offer the company David Thomas Burns e.U. (Baseballjobsoverseas.com) supplies and every purchase contract and possibly also leasing or rental contract concluded with it. They are valid from 01.01.2017.
Terms and conditions, of whatever kind, which contradict these terms and conditions, shall be deemed not to have been buried and shall be legally ineffective, unless otherwise agreed in the following.
Offer and conclusion of contract
Our offers are subject to change. We reserve the right to make technical changes or improvements to the equipment. All technical documents remain the intellectual property of the carrier. The information contained in catalogs, brochures and the like shall only be authoritative if expressly confirmed by us in the order and purchase confirmation. The offer is generally valid for two months from the date of issue. The customer agrees thatDavid Thomas Burns e.U. (Baseballjobsoverseas.com) has orders delivered and invoiced by its carriers. In this case the terms and conditions of the respective carrier apply. Pictures can be symbol pictures. The contract is considered concluded when we have sent the written order confirmation or when we actually carry out the delivery. Changes to the contract require our written confirmation to be valid.
Unless otherwise agreed in writing, the prices are net prices ex works, without packaging and without discount. They are only indicative prices. If, for whatever reason, material cost increases occur between the conclusion of the contract and the performance of the service, the prices in question shall increase accordingly, except where less than two months elapse between the placing of the order and the performance of the service.
Price offers become binding when we have confirmed them with a written statement of the scope of services. Deliveries or services exceeding the confirmed scope of performance can be invoiced separately by us.
Service deadlines and dates
Delivery times are always non-binding. In the case of an agreed change to the contract, David Thomas Burns e.U. (Baseballjobsoverseas.com) is entitled to set a new delivery date. David Thomas Burns e.U. (Baseballjobsoverseas.com) is not liable for delays in delivery caused by no fault of its own or by negligence. In such a case the client waives the right to withdraw from the purchase for two months and for this time they also waive the assertion of claims for damages. In the case of the delay in performance or interruption caused by the client, the client has to bear all additional costs arising from the delay or interruption, and David Thomas Burns e.U. (Baseballjobsoverseas.com) can make its service and its expenditure due by means of a partial invoice.
In the event of force majeure or the unusability of a large or important piece of work of us or one of our carriers, we are entitled to extend the delivery period appropriately without being in delay and to adjust the prices.
A delay that can be proven to have been caused by our gross negligence shall entitle the customer to claim compensation for each completed week of the delay in the amount of half a percent, but not more than a total of five percent of the invoice value, provided that the customer has suffered a demonstrable loss in this amount. Any further claims for damages on the part of the client due to delay in delivery are excluded.
Unless otherwise agreed, goods are only delivered cash on delivery (against reimbursement of costs) or against advance payment net without discount plus VAT. Bills of exchange are only accepted by special agreement and on account of payment, not in lieu of performance. Expenses shall be borne by the customer. David Thomas Burns e.U. (Baseballjobsoverseas.com) can refuse offered payments in bills of exchange without giving reasons. The set-off with counterclaims or the withholding of payments for any reason on the part of the client are not permitted without express agreement. Payments must be made with debt-discharging effect to one of our accounts. If the payment date is exceeded, in case of delay in acceptance or loss of deadline, David Thomas Burns e.U. (Baseballjobsoverseas.com) is entitled to charge default interest in the amount of 5% above the discount rate announced by the ECB. In the case of delay, the client is obliged to pay interest on arrears as well as the reminder fees and the costs of legal intervention. Warranty claims asserted by the client do not entitle him to withhold agreed payments. In the event of non-compliance with a reasonable grace period in the event of default of payment, we may withdraw from the contract.
Loss of appointment
If the client is more than two weeks in delay with a contractual payment or a part of it, David Thomas Burns e.U. (Baseballjobsoverseas.com) is entitled to make the entire remaining purchase price (remaining invoice amount) immediately due for payment. Furthermore, the entire remaining claim becomes due for payment immediately if the client’s assets are unsuccessfully executed, the forced sale of real estate or forced administration is granted, or if the creditworthiness and solvency are otherwise reduced in any way.
Dispatch and acceptance conditions, exchange, reverse transaction
Immediately after receipt of the goods at the agreed place of acceptance, the customer shall inspect and take over the goods or have them inspected and taken over by authorized persons. If the client waives the inspection explicitly or implicitly, the object of purchase shall be deemed to have been properly delivered and accepted. Shipment is always at the expense and risk of the client, even in the case of freight-free delivery. With the handover of the goods ordered by the client to the carrier, David Thomas Burns e.U. (Baseballjobsoverseas.com) has fulfilled its contractual obligations and the risk is transferred to the client.
The exchange or reversal of the contract despite proper performance by David Thomas Burns e.U. (Baseballjobsoverseas.com) is only possible with the consent of David Thomas Burns e.U. (Baseballjobsoverseas.com). In any case, the client must pay the full purchase price including full reimbursement of costs (delivery, etc.) or – at the choice of David Thomas Burns e.U. (Baseballjobsoverseas.com) – a lump sum which covers the regularly expected costs, but at least 10% of the purchase price. The goods are to be returned to David Thomas Burns e.U. (Baseballjobsoverseas.com) in undamaged condition including the original packaging. David Thomas Burns e.U. (Baseballjobsoverseas.com) will not agree to an exchange of goods which have been delivered for more than two months. An exchange of special goods (not stock goods) is excluded in any case. If delivery on call has been agreed, we can consider the goods as called one year after placing the order and demand the performance owed by the client in this case.
Reservation of title
David Thomas Burns e.U. (Baseballjobsoverseas.com) reserves the right of ownership of the goods delivered by David Thomas Burns e.U. (Baseballjobsoverseas.com) until full payment of all claims resulting from the business relationship. These may only be sold in the normal course of business as long as the client is not in default of payment to David Thomas Burns e.U. (Baseballjobsoverseas.com). In the case of resale the following conditions apply: The customer assigns to David Thomas Burns e.U. (Baseballjobsoverseas.com) already with the conclusion of the contract the claims arising from the sale. On request the customer is obliged to inform the third party buyers of the assignment and to give David Thomas Burns e.U. (Baseballjobsoverseas.com) all documents and information necessary for the assertion of the assigned claims. If the goods subject to reservation of title or the claims assigned to David Thomas Burns e.U. (Baseballjobsoverseas.com) are seized, David Thomas Burns e.U. (Baseballjobsoverseas.com) must be informed and notified of all circumstances which are necessary to assert its claims.
The authority of the customer to sell goods subject to retention of title in the ordinary course of business ends at the latest when the customer ceases payments or when an application is made to open insolvency proceedings against the customer’s assets. In this case the client is obliged to hand over the reserved goods to David Thomas Burns e.U. (Baseballjobsoverseas.com) at the first request of David Thomas Burns e.U. (Baseballjobsoverseas.com). In the demand for surrender of the reserved goods is no withdrawal from the sales contract. Pledging or transfer of ownership by way of security of the reserved goods or the assigned claims is not permitted. David Thomas Burns e.U. (Baseballjobsoverseas.com) will release securities to which David Thomas Burns e.U. (Baseballjobsoverseas.com) is entitled according to the above provisions at its discretion, if their value, taking into account the added value created by the customer, exceeds the claims to be secured by 10%. David Thomas Burns e.U. (Baseballjobsoverseas.com) is to be informed immediately of seizures, stating the name of the seizure creditor. The customer is obliged, as soon as he has stopped payments, and immediately after notification of the cessation of payments, to send David Thomas Burns e.U. (Baseballjobsoverseas.com) a list of the goods still subject to retention of title and a list of the claims against the third-party debtors together with invoice credits.
WARRANTY, GUARANTEE AND COMPENSATION
David Thomas Burns e.U. (Baseballjobsoverseas.com) provides the following warranty for freedom from defects of the purchased goods delivered after 01.01.2019 for a period of two years: The warranty is carried out at the choice of David Thomas Burns e.U. (Baseballjobsoverseas.com) by repairing the object of purchase or replacement of the defective parts, exchange or price reduction. The right of the client and buyer to rescission is waived by mutual agreement. The exchanged parts become the property of David Thomas Burns e.U. (Baseballjobsoverseas.com). The wages and costs for the installation and removal are to be paid by the client. This applies in the same way to all guarantee agreements. It is at the discretion of David Thomas Burns e.U. (Baseballjobsoverseas.com) to exchange a defective product for a faultless similar one. In this case a possible claim for cancellation of the contract by the client expires. The customer expressly waives for himself and his legal successors the right to claim for direct or indirect damage (damage caused by defects or consequential damage) and loss of profit caused by a defect in the object of purchase as a result of slight or simple gross negligence. The special recourse of a company that has given a consumer a warranty (§ 933b ABGB) is limited by mutual agreement to the period of the statutory warranty periods (§ 933 ABGB). In case of violation of his obligation to give notice of defects in terms of § 377 UGB, the entrepreneur loses his right of recourse. Excluded from warranty and guarantee are damages which are due to improper or negligent handling. Warranty and guarantee claims will only be recognized and taken into account if they are reported in writing immediately after the defect is detected. Verbal or telephone notification is not sufficient.
For all products except wear parts, David Thomas Burns e.U. (Baseballjobsoverseas.com) offers two years from the date of issue of its invoice free replacement for the materials that have demonstrably not fulfilled one of the requirements of the standard DIN 4757, part 3. However, David Thomas Burns e.U. (Baseballjobsoverseas.com) is not liable for damage caused by mechanical stress, minor colour deviations and/or surface impairments, surface changes due to adverse weather conditions or improper handling and storage are also not covered by the guarantee; this applies to all products of David Thomas Burns e.U. (Baseballjobsoverseas.com). Excluded is the liability for damages caused by force majeure and malfunctions, which are due to improper assembly, and/or installation of the products. David Thomas Burns e.U. (Baseballjobsoverseas.com) is not liable for any consequential costs of defects.
Prerequisite for a liability of David Thomas Burns e.U. (Baseballjobsoverseas.com) is that the installation according to the installation instructions in the current version was carried out by a licensed specialist company, if the product requires this. The supplier or his representatives must be given the opportunity to examine complaints on the spot immediately after the appearance of any defects. If necessary, a written confirmation of the proper commissioning as well as the annual inspection and maintenance by a licensed specialist company must be submitted. The warranty services promised by David Thomas Burns e.U. (Baseballjobsoverseas.com) are only valid for their clients.
We reserve all rights to the drafts, offers, projects and the associated drawings, dimensional drawings and descriptions used by us. These documents, even if they do not originate from us, may not be used by the customer in a way that goes beyond the content of the contract. In particular, they may not be duplicated or made available to third parties. They must be returned to us immediately upon our request. The client is obliged to indemnify and hold us harmless against all claims raised by third parties arising from infringements of copyrights, ancillary copyrights, other industrial property rights or personal rights. This applies in particular to all online and print media, websites, webshops,..
All texts, pictures, graphics, sound, video and animation files as well as all constructions and works are subject to copyright and other laws protecting intellectual property.
Patent & Design Protection
Patent infringements are theft. The consequences of a patent infringement can be substantial claims for injunction, damages up to criminal liability. In addition to injunctive relief, claims for damages and a right to presentation and inspection, the patent holder is legally entitled to demand the destruction of the patent-infringing products. We would like to point out that any infringement of David Thomas Burns e.U. (Baseballjobsoverseas.com)’s patents and industrial property rights will be punished to the full extent without compromise.