BAUTENSCHUTZ BUSCHEK GMBH
1.1 Bautenschutz Buschek GmbH (hereinafter “Buschek”) provides its services exclusively based on these General Terms and Conditions for Products (hereinafter “GTC-P”). These also apply to all future services, even if not explicitly agreed upon again.
1.2 If the buyer qualifies as a consumer under the Austrian Consumer Protection Act (KSchG), these GTC-P shall be modified according to the mandatory provisions of the KSchG.
1.3 These GTC-P shall apply even if conflicting conditions of the buyer are not expressly rejected. Such conditions only become effective if explicitly accepted in writing by Buschek prior to the order confirmation.
1.4 Conflicting or supplementary provisions deviating from these GTC-P require written form to be valid. This also applies to waiving the requirement for written form.
1.5 Declarations made under these GTC-P may also be submitted via fax or email unless otherwise specified.
1.6 Buschek is entitled to amend or supplement these conditions within legal limits with reasonable notice. If the buyer does not consent within one month, Buschek has the right to withdraw from the contract.
1.7 Should individual provisions of these GTC-P be or become invalid, the validity of the remaining provisions and contracts concluded on this basis shall not be affected. The invalid provision shall be replaced by a valid one that comes closest in purpose and economic intent.
1.8 The application of the relevant Austrian technical standards (ÖNORM) is agreed upon. This does not apply to provisions in these standards that contradict the GTC-P. In such cases, the GTC-P or a separately agreed provision shall prevail.
1.9 The ÖNORM B 2110 does not apply unless the parties explicitly agree to its binding nature.
2.1 Prices are based on the valid price list on the day of shipment, in EUR, excluding VAT and additional costs (e.g. transport).
2.2 The invoiced quantity is based on the departure weights measured by a calibrated factory scale at Buschek. Shortages of up to 5% may not be contested by the buyer.
2.3 Payments that discharge debt can only be made to the bank account specified on the invoice. Buschek’s agents are not authorized to collect payments.
2.4 Payment is due within 14 days of the invoice date without deduction. Payment is deemed made only when Buschek has access to the funds. No retention is granted. In case of late payment, the applicable statutory default interest (currently 9.2% above base rate for businesses, 4% for consumers) will be charged.
2.5 The buyer is not entitled to withhold payments due to warranty or other claims.
2.6 In the event of default, the buyer must bear all resulting reminder, collection, and legal fees.
2.7 If a price discount is agreed in writing, it applies only if payment is made on time. Otherwise, the price difference will be charged retroactively.
2.8 In case of termination not attributable to Buschek, the buyer agrees to pay a no-fault penalty of 20% of the total agreed compensation. Buschek reserves the right to claim further damages.
2.9 The buyer may not offset any claims against Buschek, whether contractual or statutory in nature.
3.1 Delivery is at the buyer’s expense and risk (ex works).
3.2 This does not apply if delivery is by Buschek’s own vehicles, in which case liability is limited to intent or gross negligence. Delivery assumes accessible roads. Complaints must be noted in writing on the delivery note, otherwise claims are forfeited.
3.3 Goods are packaged as per industry standards. Insurance against transport damage or loss is only arranged upon written request and at the buyer’s cost.
3.4 Delivery times are non-binding. Buschek will strive to meet them. Events beyond Buschek’s control, such as force majeure, material shortages, or operational disruptions, release Buschek from timely performance.
3.5 Goods are considered delivered even if not accepted after notification of readiness for dispatch. In that case, Buschek may store them at the buyer’s expense.
4.1 The buyer must inspect goods upon receipt. Any defects must be reported in writing within 3 days, including type and scope. Goods must not be used and must be stored properly until the issue is resolved, otherwise liability is excluded.
4.2 If the complaint is timely and justified, Buschek may supplement, repair, or replace the goods within a reasonable period. Warranty claims are limited to the value of the defective goods supplied by Buschek.
4.3 The warranty period starts from delivery (invoice date) and is 6 months, including hidden defects.
4.4 Buschek is liable only for damages caused intentionally or through gross negligence, excluding personal injury. Liability is limited to the order value. Claims must be made within 6 months of awareness or within 3 years of the triggering event.
4.5 No compensation is granted for indirect damages, consequential damages, or lost profits. § 933b ABGB does not apply.
4.6 If Buschek inspects a defect during the warranty period and is not responsible for it, inspection costs (labor, travel) will be charged to the buyer.
4.7 Buschek ensures the use of proven raw materials and careful manufacturing but assumes no warranty for suitability if issues are due to improper processing or substrate conditions.
4.8 Application and advice notes are only binding if provided in writing and for a specific, fully known construction project. Otherwise, the buyer must verify applicability and consult experts if unsure.
4.9 The buyer acknowledges that Buschek’s samples are only guidelines. No liability is assumed for color or texture deviations or batch variations.
4.10 The buyer must observe all warning and other product-related information (including datasheets) on the goods and Buschek’s website. Buschek assumes no liability if these are ignored by the buyer or third parties.
4.11 The buyer acknowledges that frost can negatively affect liquid substances. If loading is requested in cold weather, the buyer assumes all associated risks.
4.12 Returns are only accepted with prior written agreement and in original, flawless packaging. A 20% handling fee (minimum EUR 50 per transaction) will be charged. Custom-made products cannot be returned under any circumstances.
5.1 Until full payment, goods remain the property of Buschek, even if affixed to property or buildings. In case of processing or mixing, joint ownership is created in proportion to value.
5.2 Pledging or assignment as security is not allowed before full payment. Any seizure or risk to Buschek’s ownership must be reported immediately to avoid claims.
6.1 The contract ends upon fulfillment of the order.
6.2 Notwithstanding the above, Buschek may terminate the contract in writing for cause, particularly:
If the buyer breaches essential obligations;
If the buyer defaults after insolvency proceedings are opened;
If justified concerns exist about the buyer’s creditworthiness and the buyer does not provide advance payment or security as requested, and this financial situation was unknown to Buschek at contract signing.
6.3 If delivery fails due to buyer-related reasons or legitimate early termination by Buschek, Buschek retains the right to claim compensation for services rendered or the contractual penalty per section 2.8. Buyer claims for damages are excluded.
7.1 All contractual and statutory legal relations between Buschek and the buyer are governed exclusively by Austrian law, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
7.2 Place of performance is Buschek’s business location. The exclusive place of jurisdiction for all disputes (unless mandatory law provides otherwise) is the competent court in Eisenstadt, Austria.
