Terms and Conditions

§1 Scope

  1. Our General Terms and Conditions (T&Cs) apply to all deliveries and services (“subject matter of the contract”) between us as the provider or contractor (Autocom Rental & Trading Ges.m.b.H – Abt. CargoClips) and the customer (client).
  2. The legal relationship between Autocom Rental & Trading Ges.m.b.H – Abt. CargoClips and the client is governed exclusively by these terms and conditions. Deviations, amendments and additions require text form.
  3. Only our T&Cs apply; we do not recognise any terms and conditions of the client that conflict with or deviate from our T&Cs unless we have expressly agreed to their validity in writing. Our T&Cs also apply if we perform the services without reservation in the knowledge of terms and conditions of the client that conflict with or deviate from our terms and conditions.
  4. Our T&Cs apply to both consumers and businesses, unless a distinction is made in the respective clause.

§2 Offers

  1. Our offers are subject to change and non-binding unless otherwise agreed. To be effective, the contract itself, as well as any assurances, additions, amendments or collateral agreements, require confirmation by Autocom Rental & Trading Ges.m.b.H – Abt. CargoClips in text form. Silence on the part of the provider shall not be deemed consent.
  2. Details and information contained in offer documents, such as technical descriptions, illustrations, drawings (CAD data, sketches or the like), calculations, other data, dimensions and weights, are non-binding unless expressly stated otherwise. The information provided in the offer and in the offer documents is the intellectual property of the provider and may neither be reproduced nor made accessible to third parties without the written consent of the provider. At the provider’s request, it must be returned to the provider or destroyed.
  3. The client’s order constitutes a binding offer, which we may accept within two weeks by sending an order confirmation or by carrying out the work and, where applicable, handing over the work. Offers or cost estimates previously submitted by us are subject to change.

§ 3 Materials used – care instructions

  1. The contracting parties agree that the installations commissioned by the client are generally made from the materials offered. The client is also expressly advised that the materials used may not be considered customary materials for vehicle construction, but can be used provided that the information handed to the client separately on the delivery note at handover is observed.
  2. On handover of the vehicle, every customer receives a corresponding handover report and an introduction including the care instructions for the materials used.

§ 4 Conversions

  1. The contracting parties agree that structurally necessary modifications to the vehicle made for the installations are deemed contractually agreed. This may include, for example, laying new cables or mechanical work (creating openings/ holes) on the vehicle body, for instance to anchor installations. The user declares that it carries out all installations in accordance with the generally accepted rules of technology. The contracting parties agree that, where necessary, the vehicles will be presented for a technical inspection (e.g. DEKRA, TÜV or the like) after the conversion and that the installations will be approved in accordance with the applicable regulations.
  2. The contractor is not liable for improper handling of the newly installed items.
  3. The installations are custom-made to the customer’s requirements to fit the vehicle and cannot be used for other vehicles. Here too, the contractor is not liable in the event of non-compliance.
  4. The place of performance for the scope offered is the registered office stated in the offer.

§ 5 Prices and terms of payment

  1. Prices are based on the status of the respective offer. Should price differences arise due to changes in costs (materials, energy, wages), the contractor reserves the right to make a corresponding adjustment when invoicing. For follow-up orders, the contractor is not bound by previous prices.
  2. Where a framework order is placed, prices are based on an agreed annual quantity. They refer to standards chosen on the basis of empirical values when the respective underlying offer was prepared. The contractor reserves the right to recalculate prices if the framework order is extended by a further year. If the agreed annual quantity is exceeded or not reached, the contractor is entitled to adjust the unit prices accordingly.
  3. The prices agreed in the contract are authoritative. Binding prices are generally given on the basis of a written cost estimate in which all details and the materials required to produce the work are to be itemised individually, stating the price.
  4. Prices are ex works, exclusive of all ancillary costs such as the statutory VAT applicable at the time, where applicable, and exclusive of shipping, packaging, transport, customs duties and insurance.
  5. Unless otherwise agreed, the total remuneration (less any part payments made, where applicable) is payable immediately upon handover and without deduction of a cash discount. In all other respects, the statutory rules on default of payment apply.
  6. If, after conclusion of the contract, the contractor becomes aware of facts that call into question the client’s ability to pay, the contractor is entitled to demand advance payments or the provision of security or, where payment in instalments has been agreed, to declare the entire remaining debt due.
  7. Requests for changes made after the start of the installation work may incur additional costs, which are to be borne by the client.
  8. The client is only entitled to rights of set-off if its counterclaims have been established by a final court ruling, are undisputed, have been acknowledged by us or are synallagmatically linked to our main claim. Insofar as the purchaser is a business, a right of retention is excluded unless the client’s counterclaim arises from the same contractual relationship and is undisputed or has been established by a final court ruling.
  9. In the event that the client asserts warranty claims against us and our inspection reveals that these are not defects in the work produced by us but defects caused by improper use on the part of the client, the client shall compensate us for the corresponding costs of the effort incurred.

§ 6 Time of performance

  1. Delivery/conversion/handover completion dates communicated to the client by us are non-binding.
  2. The client undertakes (where applicable) to make its vehicle available on time for the conversion appointment. If the vehicle is not handed over on time for the agreed delivery date/conversion date, the client is liable to the contractor for damages. This applies in particular to material and personnel costs that are provided during this period and then not used. If the order cannot be carried out on schedule, personnel costs of a flat rate of €800.00 will be charged for each day on which the contractor cannot bring forward another order.
  3. The damages referred to in §6 point 3 may be claimed by the contractor as a further item of damages up to a maximum amount of €16,000.00.

§ 7 Service check

  1. We offer our customers the option of leaving the converted vehicle with us for an inspection at our main plant in Eugendorf after a period of 6 months from handover, in order to clarify whether any adjustments need to be made. If defects occurring later could have been avoided as a result and it subsequently transpires that the client did not take up this service, our warranty obligation towards the client is restricted to the effect that no warranty is assumed. This applies in particular to functional limitations or visual impairments that could have been avoided by this service.

§ 8 Notice of defects and warranty

  1. Warranty claims require that the client has complied with its statutory obligations to inspect and give notice of defects. The notice of defects or notification requires text form.
  2. For every notice of defects, the contractor has the right to view and inspect the item complained about. For this purpose, the client will grant the contractor the necessary time and opportunity.
  3. No warranty claims exist
    • in the case of only insignificant deviation from the agreed quality,
    • in the case of only insignificant impairment of usability,
    • in the case of natural wear or wear and tear,
    • in the case of damage resulting from incorrect treatment, excessive stress, improper maintenance work carried out by the client or third parties, modifications, replacement of parts or use of consumables that do not correspond to the original specification, and
    • in the case of damage arising for reasons for which the client is responsible, in particular failure to observe the care instructions (§3)
  4. Insofar as there is a defect in the subject matter of the contract, the contractor shall, at its discretion, provide a replacement or rectify the defect (both “subsequent performance”). Replaced parts become the property of the contractor. In the event of rectification, the contractor bears the necessary expenses, in particular transport, travel, material and labour costs. If subsequent performance fails twice, the client may, at its discretion, demand a price reduction or withdraw from the contract.
  5. The client is not entitled to withdraw from the contract if the breach of duty is insignificant.
  6. The aforementioned claims for defects become time-barred after one year. This does not apply insofar as claims for damages due to defects are concerned. § 9 applies to claims for damages due to a defect.
  7. For purchased-in items (for example a refrigerator), the customary manufacturer’s warranties apply. Warranty claims against us exist only for installations made by us and their installation.
  8. We accept no warranty or liability for materials, parts, components etc. installed by the customer or third parties.
  9. We do not inspect any work carried out in advance by the customer or third parties. Defects or damage resulting from this are not subject to our liability.
  10. The client does not receive any guarantees in the legal sense from us.

§ 9 Liability for damage

  1. The contractor is liable, regardless of the legal basis and in particular also in the case of contractual indemnification obligations,
    • in the case of intentional or grossly negligent conduct,
    • in the case of injury to life, body or health,in accordance with the provisions of the Product Liability Act or in the case of any other mandatory statutory liability, and
    • in the case of breach of an essential contractual obligation. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting partner regularly relies and may rely. In the event of a breach of essential contractual obligations due to simple negligence, liability is limited to the typically foreseeable damage resulting from such breaches of duty
  2. In all other respects, the contractor’s liability is excluded.
  3. The contractor’s liability for indirect and/or consequential damage, in particular for loss of profit and damage resulting from business interruption, regardless of the legal basis and in particular also in the case of contractual indemnification obligations, is excluded, except in the case of intent. The contractor’s liability for loss of profit and damage resulting from business interruption is also excluded if the applicable law qualifies such damage in the individual case as direct and/or immediate damage.
  4. The aforementioned exclusions and limitations of liability also apply accordingly to the liability of the contractor’s legal representatives, vicarious agents and agents.

§ 10 Lien, retention of title

  1. In contracts with consumers, we retain title to the materials supplied by us until the remuneration has been paid in full.
  2. If the client is a business, we retain title to the materials supplied by us until all claims arising from an ongoing business relationship have been settled in full.
  3. If items subject to retention of title are installed in the client’s vehicle as essential components, the client hereby assigns to us, with all associated rights, the claims arising from any sale of the vehicle in the amount of the invoice value of the items subject to retention of title.
  4. For all present and future claims arising from the business relationship with the client, the client grants the contractor a contractual lien by way of security, namely upon handover of the goods to the contractor. Statutory liens and rights of retention remain unaffected by this. The client holds the goods delivered back to it in safekeeping for the contractor and surrenders them to the contractor on request if it does not act in accordance with the contract, in particular if it defaults on payment. The contractor remains the indirect possessor of the goods.
  5. The client’s authority to dispose of the goods subject to retention of title or of the transferred items and rights expires if the client becomes insolvent or is at risk of becoming insolvent, or if the contractor revokes its consent to the disposal or collection due to conduct of the client in breach of contract (in particular default of payment) that jeopardises the contractor’s security interests. If the contractor’s security interests are impaired or jeopardised by measures of third parties, the client must inform the contractor without delay.

§ 11 Transfer of risk

  1. Deliveries are made ex performing plant unless otherwise agreed in writing. The client is obliged to collect the subject matter of the contract within seven calendar days of receipt of the notice of readiness or of the invoice.
  2. The risk of loss of the subject matter of the contract passes to the client as soon as the contractor has made the subject matter of the contract available and notified the client of this or has handed over the subject matter of the contract to the person carrying out the transport, but at the latest when the subject matter of the contract leaves the plant. The risk of loss of items provided by the client passes to the contractor as soon as these have been handed over to the contractor at its registered office, but no earlier than on the date of provision.

§ 12 Limitation of own claims

  1. Warranty claims become time-barred after 24 months, or after 6 months in the case of used items, in each case after the transfer of risk. Warranty claims for parts replaced or repaired in the course of the warranty become time-barred 6 months after the transfer of risk, but no earlier than upon expiry of the original warranty period for the subject matter of the contract.
  2. All other claims of the client become time-barred 24 months after the transfer of risk.
  3. Mandatory statutory provisions on limitation or liability remain unaffected.

§ 13 Form of declarations

  1. Legally relevant declarations and notifications that the client must make to us or to a third party must be in writing. Amendments to the contract are deemed legally relevant declarations.

§ 14 Final provisions

  1. This contract is governed by the law of the Republic of Austria.
  2. To the extent permitted by law, the place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contract is the court with local jurisdiction at the contractor’s registered office.
  3. If any provision of these T&Cs is or becomes invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid provisions that come as close as possible to the intended economic purpose of the invalid provision.