Terms and Conditions of Business
Zehetbauer Fertigrasen GmbH & Co KG
Companies register no. 367773v, Korneuburg Court
Matzneusiedl 1, A-2301 Probstdorf, Austria
Tel.: +43 (0)2215/2254, firstname.lastname@example.org
VAT no. ATU66679926 Data Processing Register: 0857661
I. General Provisions
1.1. Sales and services by Zehetbauer Fertigrasen GmbH & Co KG (“Zehetbauer”) are made solely in accordance with the following terms and conditions of business. Any conflicting agreements must be approved by us in writing. The Customer’s terms of delivery or other general terms and conditions of business require our express written approval to be legally effective.
1.1.1. Our goods are shipped at the customer’s expense and risk. If we do not have precise details, we will choose the most appropriate method of transport that is least expensive for the customer.
1.1.2. Unless otherwise agreed, the delivery costs are calculated up to the location closest to the delivery address (garden gate opening onto street) that can be accessed by our lorry. Any transport services above and beyond this shall be agreed prior to delivery and charged additionally on a time and cost basis.
1.1.3. We always endeavour to deliver our goods as promptly as possible. We will not bear the costs for delays caused by no fault of our own, in particular delays caused by unfavourable weather conditions (rain, heat, frost) or traffic hold-ups. If the customer’s requested delivery date cannot be met, the purchase order will still be honoured and delivered to the customer after arranging a mutually acceptable date.
If the Customer is unable to be present on the agreed delivery date or has arranged for a representative and cannot be reached by telephone, we will have to bill for delivery on account of the perishable nature of the goods.
1.2. If the goods are to be collected, this will take place only under the following conditions. Any conflicting agreements must be approved by us in writing.
1.2.1. Goods shall be collected ex works. Delivery is deemed to be made upon collection. Loading of the goods is not included in the order. Zehetbauer’s staff have no authority with regard to loading of the accepted goods. Any assistance in loading is given solely upon request by and at the responsibility of the driver of the collecting person’s vehicle. The latter is also solely responsible for safe storage of the load in accordance with the Austrian Law on Driving Motor Vehicles [KFG]. No liability on the grounds of incorrect loading is assumed by Zehetbauer or its associates or staff.
1.2.2. If the customer is unable to keep to the agreed appointment for collection, they are nonetheless still obliged to make payment. The goods will be stored at the customer’s risk and expense from the time of the missed appointment for collection.
1.3. The performance dates for laying the turf are considered as approximate dates. We reserve the right to postpone the performance date or, in exceptional circumstances, to cancel it depending on the weather conditions.
1.4. We reserve the right to instruct subcontractors with performing the work - in part or in full.
1.5. Upon transfer of the goods, the invoice should be paid in cash or by credit card (VisaCard or MasterCard).
If payment is not made on time, interest on the defaulted payment and compound interest at the rate of 12% p.a. will be charged. The customer’s liability cannot be revoked by offsetting any claims due to the customer. If the customer is an end consumer as defined in Austrian Consumer Protection Law, this prohibition of set-off applies with the limitations in Section 6 Subsection 1 (8) of Austrian Consumer Protection Law.
Furthermore, the customer in default shall pay for all necessary and appropriate out-of-court measures for collection and enforcement, insofar as these are proportionate to the enforced claim.
1.6. A valid order does not become effective until the purchase order is accepted and notification has been given of the terms and conditions of business and the instructions for care. Purchase orders from the customer are only considered to be an offer to conclude an agreement with Zehetbauer.
1.7. We guarantee that the delivered or collected turf is free of diseases and is viable. You should notify us in writing or by phone, confirming this in writing immediately afterwards, of any errors in quantity or defects in quality immediately upon acceptance, at the latest 24 hours after receiving the turf. A record of these errors or defects should be made by the customer, for example by photographing them.
1.8. The deadline for complaints about latent defects ends six months after acceptance.
1.9. Delivery or collection of a type of turf, which does not correspond to the purchase order, is deemed a minor quality defect, which can be rectified by a replacement delivery or by collection of replacement goods.
If a replacement is necessary, we will provide the replacement as similar turf but of the same value. It is subject to the proviso that variations in colour and appearance may occur as a result of harvesting in different sections of fields.
2.1. We only assume liability for damage in the case of intent or gross negligence. Liability for simple negligence, the replacement for consequential damage and losses, which exceed the value of the supplied goods, are excluded. If the instructions for care are not observed, replacement for any damage is excluded.
2.2. If the delivery contract is cancelled and this cancellation is made later than three days before the agreed delivery, we reserve the right to demand the full payment for delivery. Cancellation prior to this date entitles us to charge 20% of the invoiced amount in order to cover our fixed costs.
If there is a postponement of deliveries, the dates of which have already been fixed, and we are notified of this postponement two weekdays or less before the delivery date, we reserve the right to bill the additional haulage costs that are incurred.
2.3. All data and information required for processing orders are saved and processed using electronic data processing. We treat these data as confidential.
However article “V. Electronic processing” in the terms and conditions of business apply to electronic processing.
2.4. Turf is living, perishable plant material.
It is essential to lay turf immediately, water it minutes after laying in order to cool it and keep it moist. After acceptance of the turf, the rolls of turf should be placed in the shade. Our instructions for laying and care must be observed when laying and caring for the turf. The date agreed for laying the turf is deemed to be the time of acceptance as regards laying the turf. This also applies in the event that the customer is absent.
2.5. Topsoil or supplies of humus are only examined by us to check the external structure and quality. We assume no liability for defects that cannot be identified at this point, in particular with regard to nutrient levels and absence of pests.
Nor do we assume liability for damage that occurs through weed infestation of the ground.
2.6. We assume no liability for damage through planting, which occurs during work on ground that has not been covered by us.
2.7. Liability for defects, which occur when turf fails to take root or when seeds fail to germinate, is only assumed if we were assigned with the care for at least one growing season, generally for one year. However we are released from this obligation if the damage is attributable to wilful third-party negligence by people, pets, wild animals, grazing animals or other external factors or to increased occurrence of botanical or animal pests. Prices for maintenance shall be agreed separately.
2.8. If deliveries are made after the guaranteed delivery time, we are liable for the costs that relate to the later delivery, up to the amount for the transport costs at the most. If a later delivery time is agreed, then this applies.
III. Instructions about consumers’ right to cancellation in accordance with Sections 3, 3a and 4 of Austrian Consumer Protection Law
3.1. Customers, who have placed an order by way of distance selling (Internet, email, telephone, fax), have the right to cancel the declaration of intent to enter into a contract or to cancel the contract itself. They can confirm this in writing within a period of one week. The period of time begins when a document is provided to the customer that includes at the least the name and address of the contractor, in order to identify the details required on the contract, and instructions about the right to cancellation, however at the earliest when the contract comes into effect.
3.2. If the customer cancels the contract
• we will reimburse all considerations received together with statutory interest from the date of receipt and compensate the necessary and beneficial effort made by the customer to the object;
• the customer shall return the services received and pay us a reasonable consideration for use including compensation for the resulting decrease in the fair market value of the service; if it is impossible or impractical to return the collected goods or the goods we delivered, the customer shall reimburse us for their value, provided there is a clear and decisive advantage for the customer.
3.3. Attention is drawn to the fact that, in accordance with Section 5f of Austrian Consumer Protection Law inter alia, the customer is not entitled to cancel in the case of contracts for services, the performance for the customer of which is started in accordance with the contract within seven working days (Section 5e Subsection 2 line 1) of conclusion of the contract or in the case of goods, which are produced according to customer specifications, which are indisputably tailored to individual requirements, which on account of their nature are not suitable to be returned, which could deteriorate fast or whose expiration date has passed.
3.4. Sole court of jurisdiction is the Gänserndorf district court [Bezirksgericht], insofar as the customer is a business. Sole applicable law is the law of Austria.
IV. Notice for visitors to the website
Zehetbauer’s websites use Google Analytics, an Internet analysis service from Google Inc. (“Google”). These use so-called cookies, which are text files that are saved on your computer and which allow use of the website to be analysed. The information generated by the Google Analytics cookie about your use of this website (including your IP address) is transmitted to one of Google Inc’s servers in the USA and saved there.
Google will use this information to analyse how you use the website, to compile reports about website activity and to perform further services relating to website and Internet use. Google will also transmit this information to third parties, provided that this is stipulated by law or provided that third parties process these data on behalf of Google. In no case will Google combine your IP address with other data from Google Inc.
You can stop cookies being installed by configuring the appropriate settings in your browser; however we would point out that in this case you may not be able to use all the functions on this website to the full extent. In using this website, you consent to Google processing data collected about you in the manner described above and for the described purpose.
V. Electronic processing
If the customer provides an email address during the business transaction, they consent to use of electronic communications for submitting declarations of intent. The requirement to use the written form can therefore also be fulfilled by using email. Both parties undertake to open regularly any email they are sent.
Both parties agree that the recipient must send any acknowledgements of receipt requested by the sender.
VI. Data protection
We use the data you provide us for the purpose of order processing and for processing your enquiries. Unless you have not explicitly consented to further use of your data, your data will be locked for further use and deleted after complete processing of the order or deletion of your customer account and will be deleted after the times for keeping records in accordance with tax and commercial laws have expired. We reserve the right to additional use of the data as allowed by law and will notify you of this.
You can find further details about data protection on our website https://www.zehetbauer.at/de/ueber-uns/datenschutz.html or upon request email@example.com.
Effective from: April 2019