2. Plans and Technical Documents
Brochures and catalogs are non-binding. Information in plans and technical documents is only binding if expressly guaranteed. easyLOOPsystem, owned by Simon Hanl (hereinafter referred to as "easyloop"), retains all rights to the plans and technical documents it provides. In the event of non-ordering, the offer-related plans must be returned to easyLOOPsystem, owned by Simon Hanl, immediately.
3. Prices
The prices are quoted net, unless otherwise agreed in writing, in euros based on the manufacturing value, unpacked, excluding VAT and other charges. Packaging, freight, postage, and any assembly costs will be charged in addition to the actual expenses.
4. Payment Terms
a) The purchase price must be paid within 14 days from the invoice date.
b) The agreed payment deadlines must be met by the customer even if transport, delivery, assembly, commissioning, or acceptance is delayed or rendered impossible for reasons not attributable to easyLOOPsystem, owned by Simon Hanl. This also applies if minor parts are missing or if rework is necessary, provided that such rework does not prevent the use of the delivery. The customer is not entitled to reduce, offset, or withhold payments due to complaints, claims, or unrecognized counterclaims. This applies in particular if rework on the delivery is deemed necessary.
c) If the customer is in arrears with an agreed payment, easyLOOPsystem is entitled, without limiting its legal rights, to suspend further execution of the contract, halt production, or withhold ready-to-ship deliveries. The customer shall not be entitled to claim compensation for this.
d) If the customer fails to meet the agreed payment deadlines, they shall be required to pay default interest of 12% from the agreed due date without the need for a reminder. Additionally, the buyer shall cover any dunning and collection costs. The right to claim further damages remains reserved. Furthermore, easyLOOPsystem reserves the right to withdraw from already confirmed orders without the customer being entitled to compensation. If the customer is more than two weeks in arrears with a payment or the provision of an agreed security, the entire remaining balance shall become due immediately.
5. Delivery
The delivery period begins as soon as the contract has been concluded, the necessary technical documents from the customer have been fully received by BDS Pack GmbH, the agreed payments and securities have been provided, and the required official approvals have been granted. The delivery period is considered met if the delivery has arrived at the customer's location by its expiration.
The delivery period will be reasonably extended if circumstances such as epidemics, natural events, mobilization, war, riots, labor disputes, boycotts, accidents, significant operational disruptions, or official measures prevent compliance with the delivery deadline.
Additionally, the delivery period will be extended if the customer subsequently modifies the order, fails to provide the necessary documents on time, does not make the agreed payments and securities on time, or is behind schedule with the work they are responsible for.
7. Assembly
Assembly and commissioning are generally the responsibility of the customer. If easyLOOPsystem assumes the obligation for assembly, assembly supervision, and/or commissioning, the costs for these services must be paid additionally. If easyLOOPsystem is commissioned with assembly supervision without the assembly being carried out by easyLOOPsystem personnel, easyLOOPsystem is only liable for defects, delays, or the absence of performance guarantees if these can be demonstrably attributed to gross negligence by easyLOOPsystem in instructing or supervising the external assembly personnel.
The tools, aids, and surplus materials provided by easyLOOPsystem remain the property of easyLOOPsystem and must be returned after the completion of the assembly.
9. Transfer of Risk and Insurance
The risk passes to the customer at the latest upon delivery of the goods, even if partial deliveries are made or the supplier has assumed, for example, shipping costs or transportation and installation.
12. Claims for Defects/Warranty
a) The warranty period is 6 months from the date of delivery to the customer. The warranty provided by easyLOOPsystem, owned by Simon Hanl, requires the customer to fulfill the agreed payment terms on time.
b) easyLOOPsystem, owned by Simon Hanl, undertakes, upon written request from the customer, to repair or replace, at its discretion, all parts that are demonstrably defective or become unusable due to material, design, or manufacturing defects as quickly as possible. The right to rescission or price reduction is excluded. If a delivery still has defects despite replacement or repair, easyLOOPsystem may take back the defective delivery in exchange for a refund of the payments received. Replaced parts become the property of easyLOOPsystem, owned by Simon Hanl. For consumables, a full replacement with defect-free goods will only be provided if the defects are reported in writing within seven days of receipt of the goods. If the complaint is made after this period but still within six months of delivery, easyLOOPsystem will replace the defective goods at 80% of their value.
c) Warranty and liability do not cover damages that are not demonstrably caused by poor materials from easyLOOPsystem, owned by Simon Hanl, faulty design, or defective workmanship. This includes, but is not limited to, damages resulting from natural wear and tear, inadequate maintenance, non-compliance with operating or usage instructions, excessive strain, unsuitable operating materials, construction or assembly work not carried out by easyLOOPsystem, owned by Simon Hanl, as well as other reasons beyond the responsibility of easyLOOPsystem.
d) Guaranteed properties are only those explicitly designated as such in the specifications.
13. Consequential Damages
The customer's warranty and liability claims are conclusively regulated in these terms and conditions. Subject to mandatory legal provisions, the customer shall have no contractual or non-contractual claims for compensation for damages that did not occur on the delivered item itself. This includes, in particular, production downtime, loss of use, loss of orders, lost profits, and other direct or indirect damages.
15. Place of Jurisdiction / Applicable Law
a) The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the court with jurisdiction over 2732 Würflach.
b) The legal relationship is governed by Austrian law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of April 1, 1980 (CISG) is excluded. In the event of necessary interpretation or any other dispute, only the German version of these provisions shall be authoritative.