Terms and Conditions (GTC)
1.1 The following terms and conditions apply to all deliveries, services and offers of SMK Vermietungs GmbH. also those that are closed orally, especially by phone.
1.2. Conflicting terms and conditions of the customer will not be part of the contract even without explicit objection even in the case of delivery.
Deviations from these terms and conditions as well as changes and supplements of concluded contracts and the applicable terms and conditions of SMK Vermietungs GmbH must be in writing.
2. Offer and conclusion of contract
2.1. Offers by SMK Vermietungs GmbH are non-binding, especially with regard to prices, delivery times, delivery options and ancillary services.
2.2. The scope of the services to be provided by SMK Vermietungs GmbH is determined solely by the order confirmation from SMK; In addition, these terms and conditions and special terms and conditions of SMK Vermietungs GmbH apply.
3. Delivery times
3.1. These are non-binding information about the approximate delivery time.
3.2. Unable to work outstanding by SMK Vermietungs GmbH or delay by third parties like Schiff, Spedition can extend the delivery period accordingly.
3.3. Delays in the delivery time excludes all claims for damages.
3.4. Any subsequent deliveries in the event of a contractual provision shall be carried out by SMK Vermietungs GmbH at no additional cost should these subsequent deliveries not be stipulated by contract, the costs will be charged separately.
4. Prices and terms of payment
4.1. The prices quoted are exclusive of VAT.
4.2. Unless otherwise agreed, payments must be made to the bank account of SMK Vermietungs GmbH indicated in the invoice.
5. Retention of title
5.1. SMK Vermietungs GmbH retains title to the goods delivered to the customer until full payment of the purchase price.
5.2. The retention of title also applies to all claims incurred at the time of the conclusion of the contract such as spare parts delivery.
5.3. Letting, pledging, resale, security transfer is only permitted after full payment of all contractual claims.
5.4. In the event of default in payment, SMK Vermietungs GmbH is entitled to take back the reserved goods without a court order, whereby no contract is terminated. The customer is obliged to hand over the object of purchase to SMK Vermietungs GmbH. The associated costs such as default interest or possible storage costs must be borne by the customer.
6. Warranty and transport damage
6.1. When taking over the object of purchase, the goods must be checked by the transferee for any damage including any transport damage and report it immediately to the transferor on site.
6.2 In the case of non-compliance with the treatment or conditions of use as well as if the object of purchase has been repaired by the customer or if spare parts, parts or attachments not approved by the importer / manufacturer have been added to the object of purchase, no warranty claims exist.
7. Place of fulfillment and jurisdiction
7.1. Place of performance for delivery and services of SMK Vermietungs GmbH is Salzburg
7.2. Jurisdiction is Salzburg