General Terms and Conditions (GTC)
General Terms and Conditions for Repair Orders and the Processing of Warranty and Guarantee Claims by Seco Austria GmbH.
Preamble
All deliveries and services are subject to the following terms and conditions.
The customer's terms and conditions shall not become part of the contract, even if we do not expressly object to them.
1. Conclusion of contract
Unless otherwise agreed in writing in exceptional cases, the contract is concluded by your request
(by telephone or in writing) when the customer service technician arrives at the place of performance specified by you
.
2. Deliveries / Services
Our customer service technicians will first analyze the problem you describe with the device.
If possible, the device will be repaired on site immediately. If immediate repair is not possible after
technical clarification of the problem, our technicians can arrange new appointments.
You can request a cost estimate from us, even if it is a
warranty/guarantee case. The cost estimate is not provided by the customer service technician,
but by our administrative department upon request, which you can submit to the customer service technician
.
In order to check in advance whether a warranty/guarantee claim is valid, it is essential that
the purchase invoice or delivery note for the device in question
can be presented.
Our scope of repair does not include the creation of structural or operational requirements
for the use of refrigeration systems/refrigerated cabinets, in particular the laying of necessary
pipes and connections. This applies to both electrical and water pipes.
3. Cost estimates
We can only provide binding cost estimates after calculation.
The customer service technicians dispatched to the site are not authorized to provide binding
cost estimates or quotations.
4. Prices / Payments
The time to be remunerated begins with departure from the company or from the last place of assignment until the end
of the assignment at your premises. Unless otherwise agreed in writing, travel costs will be calculated according to
actual kilometers and travel time.
This does not apply to journeys that require the use of means of transport other than a motor vehicle
(e.g., ferries, airplanes, trains, etc.). In such cases, in addition to the flat-rate travel allowance
,
we shall be reimbursed for the expenses we incur for the distances we have to cover ourselves
(e.g., ferry transfer costs, etc.).
Customer service technicians are paid on an hourly basis. Spare parts are charged at the local standard rates
and reasonable prices. Unless otherwise agreed, small items of material may be charged at a flat rate
up to a maximum of €25.00 per repair.
Insofar as we publish price lists for repair materials, these prices are ex works, excluding packaging, assembly, and commissioning, and excluding sales tax.
Unless otherwise agreed in writing, invoices are due immediately.
You are only entitled to withhold payments or offset them against counterclaims to the extent th
your counterclaims are undisputed or have been legally established.
Our services are free of charge for you if a warranty obligation
or guarantee obligation on the part of your supplier applies. We will handle the
warranty or guarantee claims for you at no additional cost.
However, if the party liable for warranty/guarantee refuses to pay our invoice,
we are not obliged to take legal action against them. In the event that we can prove
written refusal, you remain liable for payment.
5. Delivery time / Execution deadlines
Unless otherwise agreed, delivery dates and repair dates are non-binding.
Compliance requires that all commercial and technical questions have been clarified and that
the necessary conditions on site have been created.
6. Transfer of risk / Acceptance
The risk for pure deliveries of goods is transferred to the customer upon dispatch of the delivery item,
even if partial deliveries are made.
The customer is obligated to accept services provided under a contract for work and services as soon as we notify them of the completion of the
repair. Acceptance is confirmed by signing the work report of the
customer service technician. Regardless of this, the use of the repaired
item constitutes acceptance.
7. Liability for material defects / Statute of limitations
We shall be liable for material defects existing at the time of transfer of risk/acceptance for a period of
12 months (limitation period). In the case of pure delivery, the limitation period shall commence upon delivery to the customer.
- No warranty for wear parts or improper use
- Compliance with the manufacturer's instructions for use is mandatory.
- No liability for consequential damages (with legal exceptions)
- Liability for intent, gross negligence, or breach of essential contractual obligations
- Liability limited to half the order value
- No liability for financial losses (e.g., lost profits)
8. Applicable law / Place of jurisdiction
All legal relationships are subject to Austrian law. The place of jurisdiction is the court responsible for the registered office
of Seco Austria GmbH, provided that you are engaged in commercial activities.
This agreement on the place of jurisdiction does not apply to private individuals.
Seco Austria GmbH
Industriezeile 2, Obj. 12
AT-8401 Kalsdorf bei Graz
Phone: +43 662 203 200
Email: info@seco.at
