General Terms and Conditions GTC
These General Terms and Conditions (AGB or GTC) apply exclusively
to all current and future transactions from goods and services, decla-
rations and other legally-binding agreements between Pfeiffer Elektromotoren
GmbH, hereinafter referred to as the Contractor (“CN”), and its business partners.
The General Terms and Conditions of the Contractor’s business partners or references
thereto shall not apply even without the Contractor’s explicit reservation.
Any conflicting terms and conditions of the Contractor’s business partners
or differing terms and conditions are not recognized by the Contractor. The
Contractor’s clients or contractual partners hereby explicitly waive enforcement
of their own terms and conditions.
Agreements or supplementary agreements at variance from these General
Terms and Conditions require the written form to be effective. Written confirmation
by the Contractor is absolutely necessary for effective oral statements of
any kind. No kind of substantial declaration, and in particular no consent, can be
ascribed to silence or other inactivity on the part of the Contractor.
If individual provisions of these GTC are or become fully or partially invalid, this
shall not affect the validity of the remaining parts (severability clause). All listed
prices and verbal price information shall be understood as exclusive of 20% VAT
ex works Vienna.
The basis for business relationships is formed by the contract,
which lays down all agreed services (scope of services) and remuneration.
The Contractor’s offers are regarded as non-binding and subject to confirmation.
The Contractor reserves the right to make technical or commercial changes to
the data contained therein at any time.
The contractual partners’ orders shall only be deemed accepted upon written
order confirmation from the Contractor. The Contractor is entitled to demand an
appropriate advance payment and to make receipt of such a payment a condition
for contractual performance.
The Contractor’s business partner and client shall be solely responsible for any
approvals or licences under private or public law which are necessary for the
operation and use of services and products provided by the Contractor, and
shall be solely liable for all costs thereof.
Prices offered by the Contractor are understood in euros, excluding VAT. The
Contractor’s prices are applicable ex works and ex stock from the vendor (EXW)
without packaging, but including loading (up to 10 t) onto a lorry. If supply with
delivery is agreed, delivery with any loading and unloading and any transport
insurance requested by the Contractor’s contractual partners shall be charged
The Contractor reserves the right to make price changes and to make technical
and commercial errors in pricing. In the case of an order at variance from the
overall programme of the Contractor, the Contractor reserves the right to make
appropriate price changes.
Effective wage and material costs at the time of making the offer form the basis
for prices specified in contract offers. The Contractor hereby explicitly reserves
the right, after making a price commitment, to make price corrections in case of
increases in wage, material and other costs, and prior sale of the offered goods.
The Contractor hereby specifically points out that fluctuations in commodity
prices, in particular for copper, aluminium and electrical sheets, between the
date on which the Contractor makes the offer and placement of the order by the
client, shall be charged for in the form of material surcharges.
In case of installation work at cost on site, the indicated prices shall be understood
in euros, excluding 20% VAT, based on the Contractor’s current installation
rates. Signed delivery notes shall be taken as the basis for billing. In the case
of agreed flat-rate prices for installation work, these shall apply inclusive of installation
surcharges according to the relevant scope of the offer. The client or
plant operator and its vicarious agents shall ensure that electrical system parts
which are processed by the Contractor’s fitters have been switched off, earthed
and secured against restarting and that any danger to the Contractor’s fitters is
excluded by the client or system operator and its vicarious agents.
Compilation of cost estimates
In individual cases we invoice 10% of cost estimates
for repairs, but at least €30,- as a handling fee, if no order is subsequently
placed within a maximum period of 1 month. In individual cases, advance
payments of up to 30% of the specified price, plus VAT, are due for payment in
respect of repairs and production when orders are placed. The Contractor is released
from the obligation to provide free storage 1 month after a cost estimate
given in writing or by phone or an issued ready for pick-up notice. Authenticated
equipment, where necessary for compiling the cost estimate, shall be delivered
in disassembled state. Storage and disposal of non-collected goods is subject
The Contractor only enters into contracts with cli-
ents who are either natural persons with full legal capacity and have
reached the age of 19, or which are legal entities. The Contractor is entitled
to withdraw from the contract within a reasonable deadline in the event
of contracts inadvertently concluded with other persons or legal entities.
The Contractor is entitled to withdraw from the contract within a reasonable
deadline in the event of contracts inadvertently concluded with other persons
or legal entities. The Contractor is entitled to demand all necessary data from
the business partner on the identity and legal and business capacity of its business
partners through the presentation of official documents, such as an excerpt
from the Commercial Register and photo ID, and verification of authority to sign
and represent. Moreover, the Contractor is entitled to examine the credit rating
and other data of business partners.
Unless stipulated to the contrary, the delivery period is assessed based
on the deadline indicated in the Contractor’s offer. The Contractor’s business
partners hereby explicitly declare their waiver with regard to enforcement of
delivery penalties and enforcement of costs of any production losses and loss of
earnings in the event of delayed delivery by the Contractor.
The Contractor’s business partners hereby explicitly declare their consent to the
Contractor’s delivery terms. The Contractor and its business partners hereby agree
that the Contractor’s business partners assume the risk of transport. Transport
insurance is only taken out at the request and expense of the Contractor’s
business partners. The Contractor’s goods are dispatched at the expense and
risk of the Contractor’s business partners. Transport damage may only be acknowledged
if it has been noted on the delivery note (BEX certificate, delivery
note of the haulier) by the recipient before taking possession of goods.
The Contractor’s business partners hereby specifically acknowledge that Beckmanngasse
15, 1140 Vienna, is agreed as the Contractor’s place of performance,
whereby goods are dispatched unpacked and uninsured to the Contractor’s
business partners, unless any other written agreement exists.
Moreover, the Contractor’s contractual partners hereby explicitly declare their
consent to delivery of the existing goods being carried out subject to retention
of title until payment in full of the issued invoice. Delivered goods and services
are therefore in the Contractor’s absolute ownership until payment in full.
In case of collection by the contractual partners of the Contractor, the date of
notification (by fax, email or phone) of readiness for collection is agreed as the
The Contractor’s contractual partners are obliged
to handle all information received by the Contractor or otherwise related to contractual
performance strictly confidentially and only to use such information to
fulfil contractual obligations.
If forwarding information to third parties is mandatory for contractual performance,
the contractual partner of the Contractor shall obtain an identical confidentiality
statement in advance.
The Contractor’s contractual partners shall be responsible for any breaches of
the confidentiality obligation and shall fully indemnify and hold the Contractor
harmless in this regard.
Unless stipulated to the contrary or indicated on the
Contractor’s invoice, all goods and services provided by the Contractor shall be
due for payment immediately after invoicing without any deductions. A payment
claim from the Contractor is deemed acknowledged if the Client fails to
object in writing to invoices within 14 days of the date of receipt (acknowledgement
of claim). Offsetting against outstanding claims against the Contractor and
the retention of payments based on claims made by the Contractor’s business
partners but not acknowledged by the Contractor, is excluded (waiver of compensation).
The Contractor’s clients hereby undertake to ensure the smooth
handling of payments and appropriate account coverage in case of payment by
direct debit. Any expenses associated with handling payments shall be assumed
by the Contractor’s business partners.
The rights of the Contractor’s business partners under Section 1052 ABGB
(Austrian Civil Code) to refuse their contractual services and payment obligations
in order to obtain and secure a consideration and other statutory rights
of retention are excluded, whereby this provision does not apply to consumer
transactions. The Contractor’s clients are also not entitled to withhold payments
because of incomplete overall performance, guarantee or warranty claims or
notification of defects. All services of the Contractor which are not specifically
compensated by the agreed wage will be charged separately. This applies in particular
to all additional services or cash expenses. In case of orders that cover several
units or work stages, the Contractor is entitled to issue an invoice following
delivery of each individual unit or service. When performing special repairs and
producing custom-made items, the Contractor’s contractual partners hereby
undertake to make an advance payment of up to 30% of the order value upon
In the event of delayed payment by the Contractor’s business partners, interest
on outstanding sums of 15% p.a. shall be explicitly agreed. Moreover, in the
event of delayed payment the Contractor’s business partners hereby undertake
to reimburse the Contractor for all reminder and collection charges and other
costs, such as costs incurred by legal representation.
In each case the contractual partner, unless higher costs have been verified by
the Contractor, shall reimburse charges at a minimum amount of €40,- per reminder
and, moreover, in the event of intervention by a lawyer, his or her contractual
In the event of the Contractor leasing equipment, the agreed
rent per week/month/quarter shall be due for payment in advance and the
one-off fee for making the rental device available shall be due promptly after
collection or delivery and invoicing by the Contractor.
In supplement to the Contractor’s General Terms and Conditions, the General
Terms and Conditions for the Delivery of Rental Equipment shall also apply in
the case of leased equipment.
The Contractor hereby reserves the right to charge incurred storage
and handling costs for already repaired equipment which has not been
collected by clients despite notification of readiness for picking up. In case of
equipment and parts which are not collected by the client within 60 days of
compiling a cost estimate or issuing an advice note, the Contractor reserves the
right to send such items at the expense of the contractual partner, or to dispose
of or scrap the equipment in return for a charge in the case of non-collection
Independent sales representatives
The Contractor hereby makes specific
reference to the following in relation to transactions which have materialized
through the mediation of an independent sales representative: independent
sales representatives in a contractual relationship with the Contractor do not
have the right to conclude transactions, but exclusively have the right to mediate
transactions. Moreover, independent sales representatives in a contractual
relationship with the Contractor do not have the right to receive payments. The
Contractor hereby reserves the right to reject orders mediated by the independent
sales representative, including in respect of insufficient profit margins or
the client’s lack of creditworthiness.
Withdrawal from the contract
The Contractor is entitled to immediate contract
termination or interrupted performance if maintenance of the contractual
relationship by the business partner or persons attributable to him is made unreasonable
for the Contractor.
The contractual relationship may be terminated by the Contractor without observing
a notice period in particular when:
- the Contractor’s business partner breaches these General Terms and Conditions
or other material provisions of the contract, or the Contractor’s business
partner provides incorrect data upon contract conclusion;
- if the business partner is in full or even only partial default with due payments
despite a written or electronic reminder and the setting of an additional deadline
of 14 days;
- if bankruptcy or judicial settlement proceedings have been filed against the
business partner’s assets, the business partner fails to comply with a material
obligation under the contract, or exceptional or circumstances beyond the
Contractor’s control make service provision by the Contractor impossible or unreasonable
for an unforeseeable period.
In addition, the Contractor is entitled to immediate contract termination if delivery
is impossible or is further delayed, despite the setting of a reasonable additional
deadline, for reasons attributable to the Contractor’s business partner.
In the event of early termination of the contract for reasons attributable to the
contractual partner, the contractual partner or client shall be liable for damage
incurred by the Contractor due to early termination of the contract.
If the contractual partner or client withdraws from the order through no fault
of the Contractor, the latter is entitled to invoice actually incurred costs and lost
The Contractor is only liable for damages if its business partner has
proven intent or gross negligence on the part of the Contractor. In addition, the
Contractor and its business partners hereby agree that the Contractor’s liability
for minor negligence, consequential damage and pure financial loss, and
liability for third-party claims, or liability for any lost profit, loss of production,
or business interruption to the Contractor’s contractual partners are excluded.
In the event of the sale of new and in particular used equipment and repair of
equipment by the Contractor, the Contractor’s liability is limited to the actual
purchase price paid by the Client and repair costs charged to the Client.
Rescission or amendment of the contract on account of error is excluded as far
as the Contractor’s contractual partners are concerned.
The Client hereby undertakes, without being requested to do so and by the latest
at the time of order placement, to transfer the following to the Contractor:
all relevant data sheets, documentation, operational, usage-related and environmental
references for the repair of the transferred device, plus information on
any past repairs.
In the case of new equipment sold by the Contractor, the warranty
period is 12 months; in the case of the sale of used equipment the warranty period
is 6 months; in the case of repairs conducted by the Contractor the warranty
period for the repairs made is 6 months. The warranty period begins from the
date of delivery or the date of notification of the goods’ readiness for collection.
It is agreed that the Contractor’s business partners hereby waive any further
warranty periods according to Section 929 ABGB. Warranty claims of the
Contractor’s contractual partners are only applicable if the Contractor’s contractual
partners notify the defects immediately in writing by registered post.|
Improvable defects shall be remedied at the Contractor’s discretion either by
repair or replacement delivery.
In any case improvement takes precedence over price reduction and change.
Moreover, the Contractor does not assume any guarantee for defects and damage
which are attributable to improper start-up, operation, abnormal operational and
installation conditions, or transport damage. Any warranty for the Contractor’s
goods and services which have been retrospectively and arbitrarily opened, disassembled
and modified by its business partners and vicarious agents, or for damage
attributable to omitted, irregular or improper maintenance, is also waived.
Each compensation claim may only be enforced within six months of the
claimant(s) having become aware of the damage, but at the latest within three
years of the onset of (primary) damage after the event justifying the claim, unless
other statutory periods of limitation are laid down as mandatory in statutory
Release from obligations according to Verpack-VO (Packaging Regulation)
Packaging materials delivered by the Contractor are released from obligations in
the ARA collection and recycling system with licence no. 10803.
he business partners of Pfeiffer Elektromotoren GmbH
hereby explicitly agree, in the event of an order, that the content and handling
of relevant business transactions may be used as references in respect of third
parties – in particular the publication of company logos of the business partners
of Pfeiffer Elektromotoren GmbH for reference purposes, both in the print and
non-print sector, is specifically approved in the event of an order.
In the event of the Contractor’s business partners
breaching one of the contractual items referred to above, a contractual penalty
in the amount of the contractually stipulated fee is hereby agreed.
Applicable law / court of jurisdiction:
Material and formal Austrian law is ap-
plicable. The exclusive application of Austrian law and domestic jurisdiction is
hereby agreed in advance by the contractual partners. The contractual parties
hereby stipulate the relevant court for the Contractor’s head office as exclusive
court of jurisdiction for all disputes under or in relation to this business relationship
and also in the case of disputes regarding the effectiveness of this stipulation
of the court of jurisdiction. The stipulation of the court of jurisdiction does
not relate to legal action against contractual partners who are consumers as defined
in the Consumer Protection Act. Section 14 KschG (Consumer Protection
Act) is applicable in this regard.|
Amendments to these General Terms and Conditions can be made by the
Contractor and are also effective for existing contractual relationships as long
as the amendment of the GTC is notified to business partners. The currently
effective General Terms and Conditions are published on the Pfeiffer Elektromotoren
GmbH website (www.elektromotoren.at) and thereby notified to the
Contractor’s business partners.
Subsidiary application of the ALB (General Terms and Conditions of Delivery)
of the Electrical and Electronics Industry
The General Terms and Conditions
of Delivery (ALB) of the Austrian Electrical and Electronics Industry Association
apply on a subsidiary basis alongside the Contractor’s General Terms and Condi-
tions, unless they have already been adopted in appropriate regulations herein.
Year of foundation: 1948 •
Legal form: GmbH (limited liability company) •
Head Office: Vienna, Austria •
Register of Companies no.: FN 243892 s •
Commercial Court: Wien •
VAT No.: ATU 57578446 •
Bank account details: Unicredit Bank Austria AG •
Konto Nr. 51834 051201 •
BLZ 12000 •
IBAN: AT75 1200 0518 3405 1201 •
BIC: BKAUATWW •
ARA licence no.: 10803 •
Address: A-1140 Wien, Beckmanngasse 15 •
Tel: +43 1 89 42 351-0 •
Service line: +43 676 93 30 252 •
Fax: +43 1 89 42 351-50 •
@: email@example.com •
Web: www.elektromotoren.at •
EORI No.: ATEOS 1000023254
GTC • As of September 2020