Pelmondo GmbH / Jutogasse 3 / 4657 Weibern
Area of application
These terms and conditions form an integral part of every offer made by Pelmondo GmbH and of every delivery contract, purchase contract and, if applicable, leasing or rental contract concluded with it. They shall apply from 01.01.2017.
General terms and conditions of whatever kind which conflict with these terms and conditions shall be deemed not to have been agreed and shall be legally ineffective unless otherwise agreed below.
Offer and conclusion of contract
Our offers are subject to change. We reserve the right to make technical changes to the devices or further technical developments. All technical documents remain the intellectual property of the supplier. The information contained in catalogues, brochures and the like shall only be authoritative if expressly confirmed by us in the order and purchase confirmation. The validity of the offer is generally two months from the date of preparation. The customer consents to Pelmondo GmbH having orders delivered and invoiced by its suppliers. In this case, the terms and conditions of the respective supplier shall apply. Images may be symbolic images. The contract shall be deemed to have been concluded when we have sent the written order confirmation or actually carry out the delivery. Changes to the contract require our written confirmation to be valid.
In the absence of other written agreements, the prices are net prices ex works, without packaging and without discount. They are only indicative prices. If, for whatever reason, material cost increases occur between the conclusion of the contract and the performance of the service, the prices in question shall increase accordingly, unless there are less than two months between the placing of the order and the performance of the service.
Price quotations shall become binding when we have confirmed them in writing stating the scope of performance. Deliveries or services exceeding the confirmed scope of performance may be invoiced separately by us.
Performance deadlines and dates
Delivery deadlines are always non-binding. In the event of an agreed amendment to the contract, Pelmondo GmbH shall be entitled to reset the delivery date. Pelmondo GmbH shall not be liable for delays in delivery caused through no fault or negligence of Pelmondo GmbH. In such a case, the customer waives the right to withdraw from the purchase for a period of two months and also waives the right to assert claims for damages for this period. In the event of a delay in performance or interruption caused by the customer, the customer shall bear all additional costs incurred as a result of the delay or interruption, and Pelmondo GmbH may make its performance and expenditure due by means of a partial invoice.
In the event of force majeure or the unusability of a large or important piece of work at our premises or those of one of our suppliers, we shall be entitled to extend the delivery period appropriately without being in default and to adjust the prices.
A delay demonstrably caused by our gross negligence entitles the client to claim compensation for delay of half a percent for each full week of delay, but not more than a total of five percent of the invoice value, provided that the client has demonstrably suffered damage in this amount. Any further claims for damages by the client due to delay in delivery are excluded.
Unless otherwise agreed, goods shall only be delivered against cash on delivery (against reimbursement of costs) or against advance payment net without discount plus VAT. Bills of exchange shall only be accepted by special agreement and on account of payment, not in lieu of performance. Expenses shall be borne by the customer. Pelmondo GmbH may refuse payments in bills of exchange offered without giving reasons. Offsetting against counterclaims or the withholding of payments for any reason on the part of the principal is not permitted without express agreement. Payments shall be made with debt-discharging effect to one of our accounts. If the payment deadline is exceeded, in the event of default in acceptance or in the event of a missed deadline, Pelmondo GmbH shall be entitled to charge interest on arrears at a rate of 5% above the discount rate announced by the ECB. In the event of default, the principal shall be obliged to reimburse not only the default interest but also the reminder charges and the costs of legal intervention. Warranty claims asserted by the client do not entitle him to withhold agreed payments. In the event of failure to comply with a reasonable grace period in the event of default in payment, we may withdraw from the contract.
If the customer is more than two weeks in arrears with a contractual payment or part thereof, Pelmondo GmbH shall be entitled to demand immediate payment of the entire remaining purchase price (remaining invoice amount). Furthermore, the entire remaining claim shall become due for payment immediately if execution is unsuccessfully pursued against the assets of the principal, the forced sale of real estate or forced administration is granted, or if the creditworthiness and credit standing are otherwise reduced in any way.
Dispatch and acceptance conditions, exchange, reversal
Immediately after receipt of the goods at the agreed place of acceptance, the principal shall inspect them and take them over, or have them inspected and taken over by authorised persons. If the principal expressly or tacitly waives the inspection, the object of purchase shall be deemed to have been properly delivered and accepted. Dispatch shall always be at the expense and risk of the client, even in the case of carriage paid delivery. Upon handover of the goods ordered by the customer to the carrier, Pelmondo GmbH shall have fulfilled its contractual obligations and the risk shall pass to the customer.
The exchange or reversal of the contract despite proper fulfilment by Pelmondo GmbH is only possible with the consent of Pelmondo GmbH. In any case, the customer shall pay the full purchase price including full reimbursement of costs (delivery, etc.) or – at Pelmondo GmbH’s discretion – a lump sum covering the regularly expected costs, but at least 10% of the purchase price. The goods must be returned to Pelmondo GmbH in undamaged condition including the original packaging. Pelmondo GmbH will not agree to an exchange of goods that have been delivered for longer than two months. An exchange of special goods (no stock goods) is excluded in any case.
If delivery on call has been agreed, we may consider the goods to have been called one year after placing the order and demand the performance owed by the principal in this case.
Reservation of ownership
Pelmondo GmbH shall retain title to the goods delivered by Pelmondo GmbH until all claims resulting from the business relationship have been paid in full. These may only be sold in the normal course of business as long as the customer is not in default of payment to Pelmondo GmbH. The following provisions shall apply in the event of resale: The customer shall assign the claims arising from the sale to Pelmondo GmbH as soon as the contract is concluded. Upon request, the customer shall be obliged to inform the third party purchasers of the assignment and to provide Pelmondo GmbH with all documents and information required to assert the assigned claims. If the goods subject to retention of title or the claims assigned to Pelmondo GmbH are seized, Pelmondo GmbH must be informed of all circumstances necessary to assert its claims.
The right of the customer to sell goods subject to retention of title in the ordinary course of business shall end at the latest when the customer ceases to make payments or when insolvency proceedings are applied for against the customer’s assets. In this case, the customer shall be obliged to surrender the goods subject to retention of title to Pelmondo GmbH at Pelmondo GmbH’s first request. The demand for surrender of the goods subject to retention of title does not constitute a withdrawal from the purchase contract. The pledging or transfer by way of security of the goods subject to retention of title or the assigned claims is not permitted. Pelmondo GmbH shall release securities to which it is entitled under the above provisions at its discretion to the extent that their value, taking into account the value added by the customer, exceeds the claims to be secured by 10%. Pelmondo GmbH must be notified immediately of any seizure, stating the name of the seizure creditor. The customer shall be obliged, as soon as it has ceased payments and without delay after notification of the cessation of payments, to send Pelmondo GmbH a list of the goods subject to retention of title still in existence and a list of the claims against the third-party debtors together with invoice credits.
Warranty, guarantee and compensation
Pelmondo GmbH warrants that the purchased items delivered after 01.01.2019 are free from defects for a period of two years as follows: The warranty shall be provided, at Pelmondo GmbH’s discretion, by repair of the object of purchase or replacement of the defective parts, exchange or price reduction. The right of the customer and purchaser to rescission shall be waived by mutual agreement. The replaced parts shall become the property of Pelmondo GmbH. The wages and costs incurred for installation and removal shall be borne by the customer. This applies in the same way to all warranty agreements. It is at the discretion of Pelmondo GmbH to replace a defective item with a flawless item of the same type.
In this case, any claim for cancellation of the contract by the Client shall lapse. The Principal expressly waives for himself and his legal successors the assertion of any direct or indirect damage (damage caused by a defect or consequential damage) and loss of profit caused by a defect in the object of purchase as a result of slight or simple gross negligence. The special recourse of a company that has provided a warranty to a consumer (§ 933b ABGB) is limited by mutual agreement to the period of the statutory warranty periods (§ 933 ABGB). In the event of a breach of his obligation to give notice of defects within the meaning of § 377 UGB, the entrepreneur loses his right of recourse. Excluded from warranty and guarantee are damages which are due to improper or negligent handling. Warranty and guarantee claims shall only be recognised and taken into account if they are notified in writing immediately after the defect is discovered. Verbal notification or notification by telephone is not sufficient.
For all products except wear parts, Pelmondo GmbH offers free replacement for two years from the date of issue of its invoice for those materials that have demonstrably failed to meet one of the requirements of the DIN 4757 standard, Part 3. However, Pelmondo GmbH shall not be liable for damage caused by mechanical stress, minor colour deviations and/or impairment of surfaces, surface changes due to adverse weather conditions or improper handling and storage are also not covered by the warranty; this applies to all Pelmondo GmbH products. Liability for damage due to force majeure and malfunctions resulting from improper assembly and/or installation of the products is excluded. Pelmondo GmbH accepts no liability for any consequential costs arising from defects.
A prerequisite for Pelmondo GmbH’s liability is that the installation was carried out in accordance with the installation instructions in the currently valid version by a licensed specialist company, insofar as this is required by the product. The supplier or its agents must be given the opportunity to inspect complaints on site immediately after the occurrence of any defects. If necessary, written confirmation of proper commissioning as well as annual inspection and maintenance by a specialist company licensed to do so must be submitted. The warranty services promised by Pelmondo GmbH shall only apply to its clients.
100% smoke free guarantee:
Pelmondo guarantees 100% smoke-free operation under the following conditions: The appliances must be operated with standard pellets according to DIN/EN, on condition that wood pellets are made from mixed wood. The use of inferior pellets as well as bark and hardwood pellets is excluded from the guarantee.
100% Lifetime Functional Guarantee:
Pelmondo guarantees the function of the units for a period of 2 years (= lifetime) under the following conditions: The appliances must be operated, maintained and serviced in accordance with the operating instructions and must not show any mechanical damage. It is prohibited to use fuels other than those prescribed (this can also be determined at a later date). The appliances must be operated with standard pellets according to DIN/EN, provided that the wood pellets are made of mixed wood. The use of inferior pellets as well as bark and hardwood pellets is excluded from the guarantee. Surface changes of any kind or components destroyed by force or natural phenomena (storm, water, ice,..) as well as designated wear parts are excluded from the guarantee. The guarantee applies exclusively to fired components (not to accessories such as LED components, table tops, etc.).
Audit obligations of the principal
The possibility of assembly must be checked and guaranteed by the customer or purchaser. Furthermore, in the event of a warranty or guarantee claim, the annual maintenance of the products supplied by Pelmondo GmbH must be proven in writing (if necessary). of the customer
Name and brand imprint
We are entitled to print a company or brand name on the products to be executed even without the express consent of the customer.
We reserve all rights to the designs, offers, projects and the associated drawings, dimensional drawings and descriptions used by us. These documents, even if they do not originate from us, may not be used by the client in a way that goes beyond the content of the contract. In particular, they may not be reproduced or made accessible to third parties. They shall be returned to us immediately upon our request. The client is obliged to indemnify and hold us harmless from and against all claims made by third parties arising from infringements of copyrights, ancillary copyrights, other industrial property rights or personal rights. This applies in particular to all online and print media, websites, webshops,…
All texts, images, graphics, sound, video and animation files as well as all constructions and works are subject to copyright and other laws protecting intellectual property.
Patent & design protection
Patent infringements are theft. The consequences of a patent infringement can be substantial claims for injunctive relief, damages and even criminal liability. In addition to claims for injunctive relief, claims for damages and a claim for production and inspection, the patent holder is permitted by law to demand destruction of the infringing products. We would like to point out that any infringement of PELMONDO’s patents and property rights will be punished to the full extent without compromise.
The reseller is required to check the product range for any local legal requirements and to inform the end user accordingly. Pelmondo GmbH shall not be liable for violations of local ordinances and regulations. Insofar as the customer is a consumer within the meaning of the Consumer Protection Act, the above provisions of the GTC shall only apply to the extent that they are not mandatorily deemed to be waived by the provisions of the Consumer Protection Act. Notwithstanding the foregoing, it is agreed that the customer (buyer) shall in any case not be entitled to claims for damages for damage that is not personal injury, insofar as the damage was only caused by slight negligence on the part of Pelmondo GmbH.