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UMSCHLAEGE_AK4:Kabel_Umschlaege_ND 17.06.2008 16:12 Uhr Seite 1 CONNECTING COMPETENCE. CONNECTING COMPETENCE. THE COMPANY HEADQUARTERS SCHRACK TECHNIK GMBH Seybelgasse 13, A-1230 Vienna PHONE +43(0)1/866 85-0 FAX +43(0)1/866 85-1520 E-MAIL [email protected] SCHRACK COMPANIES BELGIUM ROMANIA SLOVENIA SCHRACK TECHNIK B.V.B.A SCHRACK TECHNIK SRL SCHRACK TECHNIK D.O.O. Twaalfapostelenstraat 14 Str. Simion Barnutiu nr. 15 Pame e 175 č BE-9051 St-Denijs-Westrem RO-410204 Oradea SI-2380 Slovenj Gradec PHONE +32 9/384 79 92 PHONE +40 259/435 887 PHONE +386 2/883 92 00 FAX +32 9/384 87 69 FAX +40 259/412 892 FAX +386 2/884 34 71 E-MAIL [email protected] E-MAIL [email protected] E-MAIL [email protected] CROATIA SERBIA CZECH REPUBLIC SCHRACK TECHNIK D.O.O. SCHRACK TECHNIK D.O.O. SCHRACK TECHNIK SPOL. SR.O. Zavrtnica 17 Kumodraska 260 Dolnomecholupska 2 HR-10000 Zagreb RS-11000 Beograd CZ-10200 Praha 10 – Hostivar PHONE +385 1/605 55 00 PHONE +381/11 309 2600 PHONE +42(0)2/810 08 264 FAX +385 1/605 55 66 FAX +381/11 309 2620 FAX +42(0)2/810 08 462 E-MAIL [email protected] E-MAIL [email protected] E-MAIL [email protected] POLAND SCHRACK TECHNIK SLOVAKIA HUNGARY POLSKA SP.Z.O.O. SCHRACK TECHNIK SPOL. SR.O. SCHRACK TECHNIK KFT. ul. Annopol 3 Langsfeldova 2 Vidor u. MAIN CATALOGUE – INTERNATIONAL PL-03-236 Warszawa SK-03601 Martin H-1172 Budapest MAIN CATALOGUE – PHONE +48 22/331 48 31 PHONE +42 1/43 422 16 41 PHONE +36 1/253 14 01 FAX +48 22/331 48 33 FAX +42 1/43 423 95 56 FAX +36 1/253 14 91 E-MAIL [email protected] E-MAIL [email protected] E-MAIL [email protected] INTERNATIONAL K-GESAMTE8 WWW.SCHRACK.COM ENERGY INDUSTRY BUILDINGS SAFETY DATA CABLE LIGHT UMSCHLAEGE_AK4:Kabel_Umschlaege_ND 17.06.2008 16:12 Uhr Seite 2 GENERAL INFORMATION GENERAL TERMS OF DELIVERY W WELCOME TO SCHRACK TECHNIK 8. Warranty and acceptance of obligation to repair defects 9.6 Withdrawal from contract shall have no consequences other than those stip- 2QFHWKHDJUHHGWHUPVRISD\PHQWKDYHEHHQFRPSOLHGZLWK6HOOHUVKDOO ulated above. subject to the conditions hereunder, remedy any defect existing at the time 9.7 The assertion of claims on the ground of laesio enormis, error, or lapse of of acceptance of the article in question whether due to faulty design, mate- purpose by the Buyer is excluded. rial or manufacture, that impairs the functioning of said article. From par- ticulars appearing in catalogues, folders, promotional literature as well as 10. Disposal of waste electrical and electronic equipment written or oral statements which have not been included in the agreement no 10.1 The Buyer of electrical/electronic equipment for commercial purposes, in- warranty obligations may be deduced. FRUSRUDWHGLQ$XVWULDLVUHVSRQVLEOHIRUWKHÀQDQFLQJRIWKHFROOHFWLRQDQG 8.2 Unless special warranty periods operate for individual items the warranty WUHDWPHQW RI ZDVWH HOHFWULFDO DQG HOHFWURQLF HTXLSPHQW DV GHÀQHG E\ WKH period shall be 12 months. These conditions shall also apply to any goods 2UGLQDQFH5HJXODWLQJWKH+DQGOLQJRI:DVWH(OHFWULFDO(TXLSPHQWLIKHLV VXSSOLHGRUVHUYLFHVUHQGHUHGLQUHVSHFWRIJRRGVVXSSOLHGWKDWDUHÀUPO\ himself the user of the electrical/electronic equipment. If the Buyer is not attached to buildings or the ground. The warranty period begins at the point WKHHQGXVHUKHVKDOOWUDQVIHUWKHIXOOÀQDQFLDOFRPPLWPHQWWRKLVFXVWRPHU of passage of risk acc. to paragraph 6. by agreement and furnish proof thereof to the Seller. 8.3 The foregoing warranty obligations are conditional upon the Buyer giving 10.2 The Buyer incorporated in Austria shall ensure that the Seller is provided immediate notice in writing of any defects that have occurred and such no- with all information necessary to meet the Seller’s obligations as manu- tice reaching the Seller. Buyer shall prove immediately the presence of a de- IDFWXUHULPSRUWHUSDUWLFXODUO\DFFRUGLQJWRDQGRIWKH2UGLQDQFH fect, in particular he shall make available immediately to Seller all material 5HJXODWLQJWKH+DQGOLQJRI:DVWH(OHFWULFDO(TXLSPHQWDQGWKH:DVWH0DQ- and data in his possession. Non-observance of Buyer’s obligation to give agement Act. immediate notice of the defect invalidates the right of claiming consequen- 10.3 The Buyer incorporated in Austria is liable vis-à-vis the Seller for any dam- tial harm caused by a defect. Upon receipt of such notice Seller shall, in the DJH DQG RWKHU ÀQDQFLDO GLVDGYDQWDJHV LQFXUUHG E\ 6HOOHU GXH WR %X\HU·V case of a defect covered by the warranty under 8.1 above, have the option to IDLOXUHWRPHHWRUIXOO\PHHWKLVÀQDQFLQJFRPPLWPHQWRUDQ\RWKHUREOLJD- replace the defective goods or defective parts thereof or else to repair them tions according to Article 10. The Buyer shall bear the burden of proof of on Buyer’s premises or have them returned for repair, or to grant a fair and performance of this obligation. reasonable price reduction. 8.4 Any expenses incurred in connection with rectifying defects (e. g. expenses 11. Seller’s liability for assembly and disassembly, transport, waste disposal, travel and site- 2XWVLGHWKHVFRSHRIWKH3URGXFW/LDELOLW\$FW6HOOHUVKDOOEHOLDEOHRQO\LI to-quarters time) shall be borne by Buyer. For warranty work on Buyer’s the damage in question is proved to be due to intentional acts or acts of gross premises Buyer shall make available free of charge any assistance, hoisting negligence, within the limits of statutory provisions. Seller shall not be li- gear, scaffolding and sundry supplies and incidentals that may he required. able for damage due to acts of ordinary negligence nor for consequential 5HSODFHGSDUWVVKDOOEHFRPHWKHSURSHUW\RI6HOOHU GDPDJHVRUGDPDJHVIRUSXUHHFRQRPLFORVVORVVRISURÀWVORVVRIVDYLQJV We are a leading, sales-oriented brand company from Austria specialising in the areas of energy, data and lighting systems. 8.5 If an article is manufactured by Seller on the basis of design data, design or interest or damage resulting from third-party claims against buyer. Our activities focus on products and solutions for energy optimisation, safety, data transfer and comfort. High-quality GUDZLQJVPRGHOVRURWKHUVSHFLÀFDWLRQVVXSSOLHGE\%X\HU6HOOHU·VZDU- 11.2 Seller shall not be liable for damages in case of non-compliance with in- UDQW\VKDOOEHUHVWULFWHGWRQRQFRPSOLDQFHZLWK%X\HUVVSHFLÀFDWLRQV structions for assembly, commissioning and operation (such as are contained products, technical expertise and one-to-one customer service are at the fore of what we do. 8.6 Seller’s warranty obligation shall not extend to any defects due to assembly in instructions for use) or non-compliance with licensing requirements. and installation work not undertaken by Seller, inadequate equipment, or 11.3 Claims that exceed the contractual penalties that were agreed on are ex- due to non-compliance with installation requirements and operating con- cluded from the respective title. ditions, overloading of parts in excess of the design values stipulated by W Seller, negligent or faulty handling or the use of inappropriate materials, nor 12. Industrial property rights and copyrights SCHRACK PRODUCT QUALITY for defects attributable to material supplied by Buyer. Nor shall Seller be li- 12.1 Buyer shall indemnify Seller and hold him harmless against any claims for able for damage due to acts of third parties, atmospheric discharges. Excess any infringement of industrial property rights raised against him if Seller We offer our customers a well sorted product range offering the highest levels of product availability. Our aim is ultra- YROWDJHDQGFKHPLFDOLQÁXHQFHV7KHZDUUDQW\GRHVQRWFRYHUWKHUHSODFH- manufactures an article pursuant to any design data, design drawings, mod- efficiency when it comes to customerspecific solutions. This is possible thanks to standardized work processes, modularisation ment of parts subject to natural wear and tear. Seller accepts no warranty for HOVRURWKHUVSHFLÀFDWLRQVPDGHDYDLODEOHWRKLPE\%X\HU the sale of used goods. 'HVLJQGRFXPHQWVVXFKDVSODQVDQGGUDZLQJVDQGRWKHUWHFKQLFDOVSHFLÀ- and the use of software aids. 8.7 The warranty shall lapse immediately if, without written consent of Seller, cations as well as samples, catalogues, prospectuses, pictures and the like %X\HUKLPVHOIRUDWKLUGSDUW\QRWH[SUHVVO\DXWKRULVHGXQGHUWDNHVPRGLÀFD- shall remain the intellectual property of Seller and are subject to the relevant tions or repairs on any items delivered. statutory provisions governing reproduction, imitation, competition etc. The 8.8 Claims acc. to § 933b ABGB are struck by the statute of limitation with provisions of 22 above shall also cover design documents. W lapse of the period mentioned under point 8.2. SCHRACK ISO-CERTIFIZIED 8.9 The provisions of sub-paragraphs 8.1 to 8.7 shall apply, mutatis mutandis, to 13. General all cases where the obligation to repair defects has to be accepted for other Should individual provisions of the contract or of these provisions be invalid In recent times, testing procedures for ISO certification have shifted their focus very strongly on how organisations deal with reasons laid down by law. the validity of the other provisions shall not be affected. The invalid provi- customers, and the associated customer processes. Some of the major areas which are inspected include: sion shall be replaced by a valid one, which comes as close to the target goal 9. Withdrawal from contract as possible. • General customer communication 9.1 Buyer may withdraw from the contract only in the event of delays caused by gross negligence on the part of Seller and only after a reasonable period of 14. Jurisdiction and applicable law • Dealing with offers and tenders in a structured manner JUDFHKDVHODSVHG:LWKGUDZDOIURPFRQWUDFWVKDOOEHQRWLÀHGLQZULWLQJE\ Any litigations arising under the contract including litigations over the ex- • Transparency in all areas of the company in direct or indirect contact with customers registered mail. istence or non-existence thereof shall fall within the exclusive jurisdiction 9.2 Irrespective of his other rights Seller shall be entitled to withdraw from the RIWKHFRPSHWHQWFRXUWDW6HOOHUVGRPLFLOHWKHFRPSHWHQWFRXUWRIWKH%H]- • The above is required in all tiers of management contract irksgericht Innere Stadt, Vienna, shall have exclusive jurisdiction if Seller a) if the execution of delivery or the inception or continuation of services to is domiciled in Vienna.