- Special Protection
- Government Vehicles
I. General provisions
(1) These General Terms and Conditions of Purchase apply to all contracts with contractual partners from whom Achleitner obtains services or deliveries. These General Terms and Conditions of Purchase also form the basis for enquiries and orders placed by Achleitner. By accepting or executing an order, these General Terms and Conditions of Purchase become an integral part of the contract and take precedence over any terms and conditions of business or delivery of the contractual partner, even if these remain unchallenged.
Actions taken by Achleitner to fulfil the contract shall not be deemed to constitute acceptance of any contractual terms and conditions that deviate from these General Terms and Conditions of Purchase.
(2) These Terms and Conditions of Purchase shall also apply to the contractual partner for future orders until new Terms and Conditions of Purchase come into force, even if this is not specifically pointed out in individual cases.
II. Offers, cost estimates, conclusion of contract
(1) Enquiries made by Achleitner to the contractual partner are always non-binding and are considered invitations to submit an offer. Unless expressly agreed otherwise, offers or cost estimates addressed to Achleitner are binding and free of charge. In the case of an offer, the contractual partner is bound to it for four weeks from receipt.
(2) The contractual partner must match the quantity and quality in its offer to the enquiry; any deviations must be expressly indicated.
(3) Achleitner shall not grant any remuneration or compensation for visits or the preparation of offers, projects, etc., even if a contract is not subsequently concluded. Any agreements to the contrary must be made expressly in writing.
(4) Contracts between Achleitner and the contractual partner shall always be concluded in accordance with the content of Achleitner's written order and the content of these General Terms and Conditions of Purchase, regardless of the offers made. Verbal agreements are only binding if they are confirmed in writing. The contract concluded with the contractual partner may not be transferred to third parties without the written consent of Achleitner.
(6) Achleitner may demand reasonable changes to the design and execution of the delivery item. The resulting additional and reduced costs as well as the delivery date shall be regulated in a reasonable and mutually agreeable manner. Changes made by the contractual partner require the prior written approval of Achleitner.
III. Prices and terms of payment
(1) Unless otherwise expressly agreed, prices quoted by Achleitner are inclusive of all information and ancillary costs, including transport and insurance costs. Agreed prices or prices on which the contract is based are considered fixed prices; price escalation clauses and similar provisions will not be accepted by Achleitner unless they are agreed separately in writing.
(2) If the delivery prices have not yet been determined when Achleitner places the order, they must be entered by the contractual partner in the copy of the order to be returned. A contract is only concluded once Achleitner has accepted these delivery prices in writing. All taxes and ancillary costs must be shown separately in the offer and, unless otherwise agreed in writing, shall be borne by the contractual partner, with the exception of statutory value added tax. Price increases during the contractual relationship, including increases in ancillary costs, require the prior written consent of Achleitner.
(3) Unless otherwise stated in the order, Achleitner shall pay correctly issued invoices within 30 days less 3% discount, within 90 days or at a later payment date chosen by Achleitner, net. The payment period shall commence at the earliest upon receipt of the proper invoice, but not before receipt and technical acceptance of the ordered goods or acceptance of the service. Invoices that do not meet Achleitner's requirements as specified in the order, in particular those with missing order numbers, shall be returned by Achleitner to the contractual partner. In this case, the discount period shall not commence before the corrected or supplemented invoice is received again. In international business transactions, invoices must be sent to Achleitner in triplicate. Achleitner is only obliged to pay for deliveries that are flawless and in accordance with the order.
IV. Delivery
(1) All deliveries shall be made carriage and packaging paid to the place of receipt specified by Achleitner in the order. The goods shall be packaged in a commercially standard, appropriate, transport-ready and faultless manner at the expense of the contractual partner. Achleitner shall be notified of the shipment in writing in such a way that all information regarding quantities, dimensions and weights is known before the goods arrive. This also applies to any special regulations for handling the goods, in particular with regard to transport, storage and unloading at Achleitner's premises. Sample deliveries must be marked as such on delivery notes, containers and goods and sent to Achleitner free of charge. The contractual partner must document the country of origin of the goods to Achleitner by providing appropriate, suitable evidence (certificate of origin). Achleitner must be notified immediately and without request of any change in the country of origin of the goods. The contractual partner shall indemnify Achleitner against all costs incurred as a result of inaccurate, incomplete or incorrect statements or documents of origin.
(2) Excess or short deliveries or premature deliveries shall only be accepted if they have been confirmed in writing by Achleitner. The contractual partner shall supply all documents required for acceptance, operation, maintenance and repair, in particular test reports, tool certificates, drawings, plans, operating instructions and repair manuals, free of charge in a reproducible form. The contractual partner shall ensure that the goods movement certificate required for customs exemption is issued with the correct content and shall indemnify and hold Achleitner harmless in this regard.
(3) Each shipment must be accompanied by a delivery note containing all the information specified in the order, in particular the order number, customer, commission, etc. Partial and remaining deliveries must be marked separately. In order to be able to determine the contents of a shipment without opening it, the delivery note must be affixed to the outside in a clearly visible position. The delivery note may only contain items that are included in the delivery. Products that have not been delivered or cannot be delivered must be listed separately.
(4) The specified delivery time shall be deemed to have been agreed unless the contractual partner objects in writing. In this case, the agreed delivery dates and delivery periods shall be binding. Any delays that occur must be notified to Achleitner in writing immediately after they become known, before the expiry of the delivery period, stating the reasons and the expected duration of the delay. The contractual partner is obliged to compensate Achleitner for all direct and indirect damages caused by the delay for which it is responsible. If the delivery period is exceeded, Achleitner is entitled to set a reasonable grace period and, after its expiry without result, to withdraw from the contract without prior warning and to claim damages for non-performance. With the exception of public holidays and company holidays at the place of delivery, goods can be accepted from Monday to Thursday from 7.30 a.m. to 12 noon and 1 p.m. to 4 p.m. and on Fridays from 7.30 a.m. to 11 a.m. Deliveries outside these delivery times require written notification by the contractual partner and written approval by Achleitner.
(5) In the event of a delay in delivery, a contractual penalty shall be agreed regardless of fault, which shall not be regarded as a penalty for repentance. It shall amount to 1% of the invoice amount for each week commenced, but shall not exceed a total of 5% of the total order amount. Achleitner shall be entitled to deduct the contractual penalty from the payments to be made to the supplier. The right to assert further claims for damages or other claims remains unaffected. The unconditional acceptance of the delayed delivery or service does not constitute a waiver of Achleitner's claims for compensation due to the delayed delivery or service.
(6) The goods travel at the risk of the contractual partner; the risk of accidental loss or accidental deterioration shall be borne by the contractual partner until acceptance. Any deviating agreements must be confirmed in writing by Achleitner.
V. Warranty, guarantee, notification of defects
(1) Exclusions of liability by the contractual partner, in particular on the grounds of warranty or compensation, shall not be accepted unless this has been agreed in writing with Achleitner in detail. The unconditional acceptance of goods or services or payment without objection by Achleitner shall in no way constitute acknowledgement that the goods or services are free of defects. In the event of defects, Achleitner shall be free to choose between replacement, repair or price reduction if there is no claim for termination of the contract. If Achleitner insists on repair or replacement , Achleitner shall be entitled to retain the entire remuneration until the owed service/delivery has been fulfilled in full. In addition, Achleitner shall be entitled to have the work carried out by a third party after a reasonable period of time has elapsed.
(2) The contractual partner guarantees that the goods have the characteristics that are usually expected and expressly agreed upon and are suitable for the intended purpose. The contractual partner further guarantees that it will comply with applicable laws and regulations as well as the relevant codes of conduct and compliance rules in the performance of the contractual services. Without prejudice to other legal claims, the contractual partner shall provide a warranty in such a way that the parts of the service that are defective or become defective within the warranty period shall be put into perfect condition at the place of use, at Achleitner's discretion. If the contractual partner does not begin to remedy the defect immediately upon request, Achleitner may, in urgent cases, in particular to avert acute dangers or avoid major damage, also remedy the defect itself at the expense of the contractual partner or have it remedied by a third party. The warranty period is two years and begins after final acceptance or, if this has not taken place, after use.
(3) The obligation to inspect the goods and to comply with the notification of defects pursuant to Sections 377, 378 of the Austrian Commercial Code (UGB) is expressly waived. Upon discovery of any defects, Achleitner shall in any case be entitled to a six-week period to lodge a complaint. Any further rights, which may be derived, for example, from warranty commitments made by the contractual partner, remain unaffected. Defects can be asserted with legal effect not only in court but also in writing to the contractual partner. Warranty claims asserted in writing within the warranty period can therefore also be asserted in court after the warranty period has expired.
(4) The contractual partner bears the burden of proof that a defect asserted by Achleitner does not constitute a defect in the goods. If the assertion of claims requires a certain degree of fault, the burden of proof is reversed in such a way that it is incumbent on the contractual partner to prove the complete or partial absence of fault. The exclusion of recourse claims within the meaning of § 12 PHG (Product Liability Act) shall not be accepted.
(5) In the event of legal defects or any claims asserted by third parties, the contractual partner shall indemnify Achleitner and its customers. The contractual partner further guarantees that deliveries and services are free from third-party rights and shall indemnify and hold Achleitner harmless against any claims asserted in this regard (including legal costs). If claims are asserted against Achleitner by third parties because products do not correspond to the properties warranted or guaranteed by the contractual partner, the latter shall be obliged to indemnify and hold Achleitner harmless.
(6) Insofar as claims are made against Achleitner under the Product Liability Act, the contractual partner is obliged to indemnify Achleitner against claims by third parties, insofar as the damage was caused by a defect in the product delivered by the contractual partner. Within the above framework, the contractual partner is also obliged to reimburse all costs and expenses, including the costs of any legal action or recall campaign. The contractual partner undertakes to maintain product liability and recall cost insurance with adequate coverage per claim.
(7) The contractual partner guarantees that all items delivered by it or all services provided by it meet the specified requirements, namely the latest state of the art, the relevant legal provisions, regulations and guidelines of authorities, professional associations and trade associations, as well as the agreed requirements. Any guarantees granted by the contractual partner beyond this remain unaffected.
VI. Documentation, confidentiality
(1) Models, samples, drawings and information sheets, as well as tools, which Achleitner makes available to the contractual partner remain the sole (intellectual) property of Achleitner. They may be reclaimed by Achleitner at any time and Achleitner must be granted access to the models, samples, drawings and information sheets, as well as tools, provided by the contractual partner at any time. All models, samples and drawings must be treated as confidential and may only be used for the purpose of fulfilling orders from Achleitner. The contractual partner expressly undertakes not to copy or reproduce models, samples, drawings, information sheets and tools belonging to Achleitner ( ) and is not permitted to make them available to third parties, even for viewing, without the express written consent of Achleitner.
(2) The contractual partner is obliged to maintain confidentiality regarding confidential information. Confidential information means all information and documents disclosed to or made known to the contractual partner that Achleitner receives within the scope of the business relationship. In particular, the contractual partner must treat as confidential all information disclosed to it in connection with the submission of offers, the placing of orders or the execution of orders regarding quantities, prices, designs, etc. The contractual partner shall extend this obligation to all employees and third parties whom the contractual partner uses to perform the contractual services after obtaining Achleitner's written consent.
VII. Retention of title, third-party property rights, force majeure
(1) A retention of title by the contractual partner shall not be accepted.
(2) The contractual partner undertakes to indemnify and hold Achleitner harmless from all third-party claims arising from the delivery or service due to infringements of property rights.
(3) Cases of force majeure, strikes and lockouts shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. The contracting party shall be obliged to provide the necessary information without delay, within reasonable limits, and to adjust its obligations to the changed circumstances in good faith.
VIII. General provisions
(1) Unless otherwise agreed, the place of performance for both the service provided and the consideration is the business address of Achleitner, Maukenbach 18c, 6241 Radfeld.
(2) Achleitner does not recognise any prohibition of set-off; rather, Achleitner is entitled in any case to set off any claims against the contractual partner.
(3) The contractual partner undertakes to comply with the respective legal regulations on the treatment of employees, environmental protection and occupational safety and to work to reduce any adverse effects on people and the environment in the course of its activities. To this end, the contractual partner shall establish and further develop a management system in accordance with ISO 14001 within the scope of its possibilities. Furthermore, the contractual partner shall observe the principles of the UN Global Compact Initiative. In the event that the contractual partner repeatedly violates the above principles, Achleitner reserves the right to withdraw from contracts or terminate them without notice.
(4) The contractual partner undertakes to inform Achleitner at any time of the origin of the goods delivered by it, their manufacturer or its own suppliers, and to provide written proof of origin.
(5) The contractual partner undertakes to inform Achleitner without being asked if its delivery is subject to import or export restrictions in whole or in part.
(6) The contractual partner undertakes to ensure the supply of spare parts for 15 years after the end of series production. Deviations from this are only valid if they have been expressly agreed with Achleitner.
(7) Achleitner has the right to conduct an audit at the partner's premises to determine whether applicable provisions or agreements on integrity and corruption prevention are being complied with. In this context, Achleitner shall be granted access to all relevant documents and records.
(8) All agreements, subsequent amendments, supplements, subsidiary agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature. Declarations, notifications, etc. addressed to Achleitner must be in writing to be legally valid, including the original signature or secure electronic signature.
(10) These General Terms and Conditions of Purchase and the contractual relationships with the contractual partner, including their pre-contractual and post-contractual phases and effects, shall be governed exclusively by Austrian law, excluding its referral provisions and excluding those provisions of private international law that would lead to the application of anoth ly legal system, and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(11) The exclusive place of jurisdiction for legal disputes arising from or in connection with the business relationship is the court with local and subject-matter jurisdiction for Achleitner. However, Achleitner is free to make use of the general place of jurisdiction of the contractual partner.
(12) Should any of the above provisions or any other agreement made within the framework of the business relationship be or become invalid, this provision shall be removed from the General Terms and Conditions of Purchase to the extent that it is void or invalid, and the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a new valid provision that comes closest to the economic purpose of the invalid provision.
As of January 2025
I. General provisions
(1) These terms and conditions of sale and delivery apply to all sales and deliveries by Achleitner to any buyer ("customer") of Achleitner products ("purchased items"). These terms and conditions of sale and delivery form an integral part of the contractual relationship between Achleitner and the customer and govern this relationship conclusively, irrespective of any previous agreements. Any additional or deviating terms and conditions or contract forms of the customer are hereby rejected by Achleitner and are therefore not part of the contractual relationship between Achleitner and the customer.
(2) Only offers signed by Achleitner on company letterhead and contracts signed by Achleitner on company letterhead are legally valid and binding. Achleitner is bound by a written offer for two weeks. If no written acceptance has been received from the customer by the end of this period, all offers shall be deemed invalid.
II. Prices
(1) Unless expressly agreed otherwise, prices are net prices ex works without packaging, excluding value added tax. Price increases beyond Achleitner's control (due to increases in material costs and changes to the work due to new legal provisions) may be passed on to the customer.
(2) All costs associated with or arising from the execution of this legal transaction (such as transport costs, insurance, financing costs, costs of any securing or collection of the vehicle), fees and taxes of all kinds shall be borne in full by the customer alone, without any claim for reimbursement.
(3) In the event of premature delivery of vehicles to be processed by Achleitner or in the event of default of acceptance by the customer, Achleitner shall be entitled to charge the customer storage fees and costs associated with storage (such as parking and handling costs).
III. Terms of payment
(1) The deposit specified by Achleitner is payable at the time of ordering. The remaining purchase price is due for payment promptly upon delivery and acceptance, unless otherwise agreed. All payments are to be made free of charge and without deduction.
(2) Retention of title
Achleitner retains title to the purchased item delivered to the customer until full payment (including any interest) has been received by Achleitner. Until then, any sale, pledge, transfer by way of security, rental or other transfer of the purchased item requires the prior written consent of Achleitner. Regardless of any dedication by the customer, all payments made by the customer shall first be used to cover any claims by Achleitner arising from repairs or the delivery of goods and spare parts, then interest and other ancillary charges, and only finally to cover the purchase price claim. The oldest claim shall be credited first.
(3) Achleitner is entitled to retain the type certificate (individual approval notice) until all of the customer's obligations arising from the purchase contract have been fulfilled in full.
(4) If a third party should seize the purchased item delivered under retention of title, the customer must notify Achleitner immediately and in writing.
(5) During the period of retention of title, the customer shall insure the purchased item for its full value against all risks, including fire, and shall assign the insurance policy to Achleitner. For the duration of the retention of title, Achleitner shall also be entitled to request that comprehensive insurance be taken out for the purchased item. All claims arising from such comprehensive insurance are pledged to Achleitner and must be assigned to Achleitner upon conclusion of the insurance. If the customer refuses to take out such insurance, Achleitner is entitled to take out the insurance itself at the customer's expense. In the event of damage, all compensation payments from comprehensive insurance shall first be used to pay the necessary repair costs to remedy the damage that has occurred. If the purchased item is a total loss, Achleitner shall be entitled to the insurance compensation to settle the outstanding purchase price.
(6) During the period of retention of title, the customer is obliged to keep the purchased item in proper condition and to have any necessary repairs carried out immediately – except in emergencies – at Achleitner's repair workshop or at a workshop recognised by Achleitner. In any case, as long as the retention of title exists, the customer must notify Achleitner of any damage to the vehicle within 24 hours.
(7) The offsetting of existing or alleged counterclaims of the customer against claims of Achleitner is excluded.
(8) In the event of the permissible resale of the purchased item subject to retention of title, the customer shall assign the corresponding claim against this third party to Achleitner. Achleitner is entitled to disclose the assignment. The customer shall immediately provide Achleitner with all information necessary to assert the claims and undertakes to fulfil all formalities necessary for an effective assignment (e.g. book entry).
IV. Default of payment
(1) In the event of default in payment, default interest shall be charged at the statutory rate. If the customer fails to fulfil the contract, Achleitner shall also be entitled, at its discretion, to claim damages for delay in full or a contractual penalty of 15% of the purchase price. The right of withdrawal remains unaffected.
In the event of default in payment or breach of any other essential provision of the contract, in particular in the event of the customer's insolvency, Achleitner shall be entitled to withdraw from the contract and claim damages for non-performance.
(2) Achleitner is entitled to demand early payment of all claims against the customer if the customer is more than 14 days in arrears with their payments or if circumstances become known which cast doubt on the fulfilment of the obligation(s). In the event of an agreement on partial payments, the deadline shall be deemed to have been missed as soon as the customer is more than four weeks in arrears with an instalment despite a reminder and the setting of a grace period of two weeks with the threat of the deadline being missed. If the deadline is missed, Achleitner shall be entitled to repossess the purchased item and sell it in accordance with commercial principles (§ 373 UGB). In this case, the customer must return the purchased item to Achleitner within three days of being requested to do so. In the event of refusal, Achleitner is entitled to take possession of the purchased item, wherever it may be located, without recourse to official assistance.
(3) It is agreed that the customer shall be deemed irrefutably insolvent within the meaning of the law as soon as they fall into arrears with their payments to such an extent that a default occurs.
V. Delivery
(1) The delivery times quoted to the customer are always non-binding. Requests for changes must be accepted by Achleitner in writing and, in this case, the delivery time shall be extended accordingly by the period specified by Achleitner. If the delivery time is exceeded by more than three months for reasons for which Achleitner is responsible, the customer may withdraw from the contract in accordance with the provisions of the ABGB (Austrian Civil Code). The period shall commence at the earliest upon payment of the deposit. In the event of changes to the order, the delivery date shall also be redefined.
(2) The information in the brochure regarding dimensions, weights, speeds, operating costs and performance is to be regarded as approximate values only and does not constitute guaranteed characteristics.
(3) Any old parts shall become the property of Achleitner free of charge upon removal.
(4) Achleitner shall determine the vehicle tyres to be fitted.
(5) Achleitner reserves the right to make technical changes to the design, shape and equipment.
(6) Claims for damages by the customer due to non-performance or delay are excluded, unless this is due to intent.
VI. Fulfilment and terms of acceptance
(1) Achleitner shall be deemed to have fulfilled the contract:
a) for deliveries ex works: at the time of submission of the verifiable notification of readiness for dispatch. The customer must inspect and accept the purchased item within 8 days of receiving notification of readiness for delivery at the agreed place of acceptance, unless otherwise agreed, at the delivery plant. If this acceptance does not take place within eight days, the purchased item shall be deemed to have been duly accepted and approved.
b) for deliveries with an agreed place of delivery: upon departure from the delivery plant. In this case, shipment is always at the expense and risk of the customer.
(2) All risks, including those of accidental loss, shall pass to the customer at the time of performance, who shall arrange the necessary insurance cover himself and at his own expense. This shall also apply to vehicles handed over for repair from the time of acceptance to the time of performance.
(3) Achleitner's performance of the contract is subject to unforeseeable events or events beyond the control of the parties, such as all cases of force majeure, in particular acts of war, terrorist attacks, official interventions and prohibitions, pandemics and epidemics, transport and customs delays, transport damage, bad weather, energy shortages, labour disputes and delivery delays by Achleitner's suppliers for whatever reason. In the event of force majeure, Achleitner's obligation to perform shall be suspended without any liability on the part of Achleitner. In addition, delivery times shall be extended accordingly in the event of force majeure. Delivery times shall also be extended in the event of force majeure occurring on the part of one of Achleitner's suppliers. The agreed terms of payment shall remain unaffected.
VII. Securities
(1) All securities granted to Achleitner on the basis of a contract, such as guarantees and assignments, shall also serve to secure all other claims to which Achleitner is already entitled from other legal transactions and credits vis-à-vis the customer, as well as all claims to which Achleitner may become entitled vis-à-vis the customer in the future, including legal and enforcement costs. It is agreed that all securities granted or to be granted to Achleitner in the course of other legal transactions concluded with the customer, such as, in particular, assignments and liens to which Achleitner is entitled, shall also serve to secure all claims of Achleitner arising from the present contract. This also applies to claims which Achleitner has acquired by assignment or purchase before or after the conclusion of this transaction.
VIII. Warranty
(1) Unless otherwise agreed in writing with the customer, the warranty period for the purchased item is six months from the date of delivery in accordance with these terms and conditions of sale and delivery.
(2) The respective vehicle manufacturer (OEM; depending on the product, this may also be Achleitner) only guarantees the first purchaser, upon fulfilment of the payment obligations, that the vehicle is free of defects in materials and workmanship in accordance with the current state of the art for the duration specified by law. The warranty shall be excluded if the total weight or axle load or the payload or chassis load capacity specified in the purchase contract is exceeded, or if the payload distribution on the vehicle is not carried out correctly by the operating personnel. The warranty shall be fulfilled, at Achleitner's discretion, by repairing the parts sent postage and freight free or by replacing them. In all cases, only parts that have a defect in material or workmanship will be replaced. The wages and costs incurred for installation and removal shall be borne by the customer. If Achleitner has the defective parts or vehicles returned for repair or replacement, the customer shall bear all costs and risks of transport. The warranty period shall not be extended due to the rectification of defects and shall not commence anew. Furthermore, Achleitner shall only be liable for those parts of the purchased item that were obtained from upstream suppliers within the scope of the warranty claims to which Achleitner is entitled against the respective upstream supplier. Achleitner accepts no responsibility and gives no warranty that the purchased item is suitable for a specific purpose or offers a specific performance or effect, unless this has been expressly agreed in writing.
(3) Warranty claims will only be considered if the purchased item has been inspected immediately and any defects have been reported to Achleitner in writing without delay, providing detailed information about the defects. It is the customer's responsibility to prove that the alleged defect was present at the time of delivery. The warranty shall expire if the customer fails to comply with the specifications for the handling of the vehicle (operating instructions) and does not have the prescribed inspections carried out properly. Achleitner is also entitled, in the event of suspected improper handling or handling contrary to the operating instructions, to obtain an expert opinion from an expert of Achleitner's choice at the customer's expense for the purpose of assessing the damage. If the customer fails to comply with the aforementioned obligation to give notice of defects or continues to use the purchased item after giving notice of defects, it shall be assumed that the customer has waived all claims and associated rights and has accepted the purchased item as delivered, and Achleitner shall not be liable to the customer in any way.
(4) A claim for a price reduction or termination of the contract shall only exist if it is not possible to remedy the defect.
(5) Compensation for direct or indirect damage shall not be granted.
(6) Natural wear and tear or damage attributable to negligence, improper handling or accidents are excluded from the warranty.
(7) The warranty shall expire if the purchased item has been modified by a third party or by the installation of parts from a third party.
(8) Unless the customer is a consumer within the meaning of the Consumer Protection Act, the warranty is excluded for used vehicles.
IX. Damages
(1) Achleitner's liability for damages of any kind is excluded. This exclusion does not apply to damages caused by Achleitner intentionally or through gross negligence, nor does it apply to personal injury. If the provisions of the Consumer Protection Act do not apply to the contractual relationship, the customer waives the right to contest the contract on the grounds of error, unless this was caused by Achleitner intentionally or through gross negligence. All obligations to provide evidence shall be borne by the customer.
X. Place of jurisdiction / Applicable law
(1) These terms and conditions of sale and delivery and the contractual relationships with the customer, including their pre-contractual and post-contractual phases and effects, are governed exclusively by Austrian law, excluding its referral provisions and excluding those provisions of private international law that would lead to the application of a different legal system, and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) For all disputes arising from the contract concluded with the customer or the terms and conditions of sale and delivery underlying the contract, including their pre- and post-contractual phases and effects, the competent court in Innsbruck shall be deemed to have been agreed upon (§ 104 JN). However, Achleitner is free to make use of the customer's general place of jurisdiction .
XI. Trade-in of vehicles
(1) If Achleitner accepts a vehicle in payment on the basis of a separate agreement, this trade-in vehicle must be handed over to Achleitner no later than the day on which the purchased item is handed over. The trade-in of such a vehicle shall be based on a separate purchase agreement, which shall be based on an appraisal report prepared by Achleitner or one of its employees. If, by the date of delivery of the trade-in vehicle, there are any changes that reduce its value with regard to Achleitner's appraisal report, the costs of remedying such defects shall be deducted from the purchase price of the trade-in vehicle. Price reductions based on the provisions of the purchase agreement for the trade-in vehicle shall also be deducted from the agreed purchase price. The down payment in the amount of the agreed purchase price for the trade-in vehicle shall therefore be reduced accordingly. The resulting difference shall be paid immediately in cash by the customer to Achleitner. If the trade-in vehicle is handed over to Achleitner late, Achleitner is entitled to deduct 10% of the agreed trade-in purchase price for each month or part thereof by which the trade-in vehicle was handed over late. The customer's purchase price claim for their trade-in vehicle is reduced accordingly.
XII. Specification
(1) Upon conclusion of a specification purchase, the customer must make the reservations reserved for him within a period of 14 days from conclusion of the contract. If this is not done, Achleitner is entitled to make the specification in place of the customer. Achleitner is also entitled to withdraw from the contract. If Achleitner has incurred damage as a result of the customer's delay in making the specification declaration, this damage can be claimed from the customer.
XIII. Severability clause
(1) Should any provisions of these Terms and Conditions of Sale and Delivery be or become invalid, this provision shall be removed from the Terms and Conditions of Sale and Delivery to the extent that it is void or invalid, and the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a new valid provision that comes as close as possible to the economic purpose of the invalid provision.
XIV. Anti-corruption clause
(1) Achleitner shall have the right to conduct an audit at the customer's premises to determine whether applicable provisions or agreements on integrity and corruption prevention are being complied with. In this context, Achleitner shall be granted access to all relevant documents and records.
As of January 2025