Terms and Conditions
These terms and conditions apply to all deliveries and services provided by NoviTech GmbH in connection with online orders placed via the internet or other online services. Any deviating and/or supplementary agreements require the express written consent of NoviTech GmbH; this also applies to any waiver of the written form requirement.
NoviTech GmbH shall, where possible, adhere punctually to agreed or stated delivery times. If these are exceeded by more than six weeks, the customer shall be entitled to set a grace period, stating that they will refuse to accept the purchased item from upon expiry of the period. This grace period must be at least two weeks. If no agreement is then reached on a new delivery date, the customer may withdraw from the contract by written notice upon expiry of the grace period. Should the buyer claim damages for non-performance in the event of delay or impossibility of performance, such damages shall be limited to a maximum of 5% of the purchase price in cases of slight negligence and shall cover only direct damages; in particular, they shall not include compensation for loss of profit or any other indirect damages. Further claims by the buyer – in particular for delivery – are excluded.
Risk passes to the customer as soon as the goods have been handed over to the carrier and have left the warehouse. This applies even if NoviTech GmbH has borne the transport costs. The customer must raise any complaints regarding transport damage directly with the carrier within the prescribed time limits. In the case of shipments from the customer to NoviTech GmbH, the customer bears all risks, in particular the transport risk, until the goods arrive at NoviTech GmbH in Salzburg.
Invoices from NoviTech GmbH are due immediately and payable without any deduction. From the 14th day following the invoice date, the contracting parties of NoviTech GmbH are obliged to pay default interest at a rate of 5% above the respective base rate of the European Central Bank (ECB) in accordance with Section 1(1) of the German Discount Rate Transition Act (DÜG). Upon the discontinuation of the base rate, the basis for the contractual default interest agreed above shall be that ECB policy instrument which is officially designated as the reference rate for Germany in accordance with Section 1(2) of the DÜG. The foregoing shall not apply if NoviTech GmbH charges higher default interest or if the buyer proves that NoviTech GmbH is liable for a lower amount, without the need for a prior reminder. Cheques are accepted only on account of performance. Any charges shall be borne by the customer. Set-off is permitted only against undisputed claims or those established by a final and binding court judgement. The customer may only assert a right of retention insofar as it is based on the same contractual relationship.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and discrepancies in quantity must be made in writing without delay, but at the latest within two weeks of receipt of the goods, insofar as these can be ascertained by reasonable inspection. The warranty period provided by NoviTech GmbH is six months from receipt of the goods. In the event of justified complaints, NoviTech GmbH shall make up for any shortfalls and, subject to the exclusion of liability, shall, at its discretion, exchange the goods, take them back or grant the buyer a price reduction. If, in the event of the goods being replaced, the second replacement delivery is also defective, the buyer shall be entitled to rescind the contract (redhibition) or to a reduction in the purchase price (abatement). The warranty for defects in equipment is limited to rectification. If the defect cannot be rectified or if further attempts at rectification are unreasonable for the customer, the customer may, at their discretion, demand rescission or a price reduction instead of rectification. Furthermore, any further claims by the customer relating to a defective or incorrect delivery or a breach of ancillary contractual obligations upon delivery are excluded, irrespective of the legal basis on which such claims may be based (e.g. including tort, positive breach of contract and breach of duties during contract negotiations). This exclusion does not apply to damage resulting from an intentional or grossly negligent breach of contract by NoviTech GmbH or a legal representative or vicarious agent. Even in the absence of warranted characteristics, the right to claim damages for non-performance remains unaffected.
The purchased item shall remain the property of NoviTech GmbH until the purchase price has been paid in full by the customer. The retention of title shall also apply to all claims which NoviTech GmbH subsequently acquires against the buyer in connection with the purchased item, e.g. on account of repairs and other services. During the period of the retention of title, the buyer is entitled to possess and use the purchased item in accordance with the contract, provided that they fulfil their obligations arising from the retention of title and their obligations arising from the business relationship in a timely manner. The customer is obliged to provide NoviTech GmbH with all information necessary for the enforcement of rights arising from the agreed retention of title. Where computer programs are included in the scope of delivery, the buyer is generally granted a simple, perpetual right to download and run the program, as well as to create a backup copy, provided that the licence terms of the program in question do not stipulate otherwise. Accordingly, the individual rights of use are governed by the manufacturer’s licence terms.
NoviTech GmbH is entitled to collect, store and process the customer’s personal data required within the scope of the business relationship in accordance with the Federal Data Protection Act.
The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of performance and jurisdiction for contracts concluded under these General Terms and Conditions is Salzburg. The law of the Republic of Austria shall apply.
