www.steinbauer.cc
All our deliveries are made on the basis of our following sales and delivery conditions. Modifcations or additional
agreements need to be conrmed in writing to be valid.This GeneralTerms & Conditions are available in English and
German. In case of any divergence between the two versions the German version shall prevail. Other purchasing
conditions of the buyer is hereby rejected; you do not commit ourselves, not even if we don´t disagree at the time
of the conclusion of contract. Even the sending of an order conrmation by the purchaser shall not be considered as
recognition of the conditions of the buyer, nor is the non-conrmation as tacit acceptance of the conditions of the
buyer. At least with the receipt of the goods subject to our conditions than accepted. These conditions also apply,
without further specic basis for all our transactions with the customer.
1. Order Conrmation
Our oers are in all parts of engagement. The order is accepted on that day we send a written conrmation. All
changes to our certication requirement need a written conrmation by us. Phone agreements and all agreements
of any kind require our written conrmation. Oral orders are considered binding. We reserve design and format
changes. For illustrations, drawings, sketches and other documents we retain ownership rights and copyrights.
2. Delivery
The supply and the charging results from price and terms from the day of shipment or pickup.
The goods are packed as standard. The goods are only insured against transport damages, total loss or break if the
customer requires in written form. The insurance costs are invoiced to the customer.
The customer is committed to check the goods immediately after receipt or latest within ve working days after
receipt. If the customer is an entrepreneur in the legal sense of the appropriate assignments of the UGB (Austrian
Business Enterprise Code), the object of purchase is to check immediately after receipt according to §§ 377 . UGB
(Business Enterprise Code) assessed accurancy and determinable defects are to note on the Delivery Note or waybill
at other exclusion of any claims. The customer looses the right to invoke a delivery contrary to the contract, if he
omits this immediate check or if he does not complain the contract infringement immediately after the point of
time when he should notice them at a correct check. The complaint has to be done in written form stating an exact
description of the infringement of contract.Visible transport damages have to be complained at receipt of the goods
and the type and scope of damage has to be notied to the supplier in written promptly.
The delivery respites are only approximate and run from the date of order conrmation. For their compliance is no
liability. Even with xed dates in the case of default you have to give us a reasonable period of time.
In the event of default deadline the purchaser may resign. Claims for damages or penalties are excluded.
Force majeure of any kind in our own business or that of the suppliers without further reasons entitle us to dissolve
the delivery obligations or delaying the delivery time. The customer has no claims for rescission or cancellation of
the contract. The return of sold goods is not permitted. In the case of withdrawed good, the net price plus tax is
refunded - but not exceeding the amount paid.
Above is not applied in the case of the Reservation of Property Rights.
If the delivery is agreed on demand, we are entitled to deliver and to charge the nished products after 2 months
after we show our readiness to deliver, even if the customer doesn’t make the demands.
3. Shipping
The dispatch is always at the expense and risk of the customer. The risk with delivery ex works or from storage pass
to the customer, even if the supplier has taken over the extradition. If shipment is delayed through the fault of the
buyer, the risk passes to the customer on the day of readiness of shipment.
4. Prices
Our prices include, unless otherwise stated, no value added tax. They apply from the factory without packing, wi-
thout transport insurance, freight and installation. Taxes, contract fees, execution fees, import fees, customs and
customs charges, ocial commission fees and suchlike costs bears the customer.
In the event of signicant price increases of raw materials or statutory wage increases, we are entitled to change
prices or to resign from the contract.
5. Payment
Our invoices are due within 7 days after the invoice date net cash for payment.
We are entitled to charge in excess of that payment deadlines without warning banker‘s interest, but at least default
interest of 8% above the current discount rate of the Austrian National Bank. The assertion further rights are reser-
ved.The buyer is not entitled to repress or to add payments, not even because of complaints or counter-claims.We
reserve the right of the collection of bills and cheques from case to case to decide. The credit is only under normal
reservation. For foreign exchange, we discount the bank and collection expenses. We can´t guarantee for timely
collection or timely protest.
Sta member of the supplier are only allowed to accept payments with an explicit authorization in written. Received
payments are accumulated to the interests rst, and then deducted from the suppliers oldest receivables against
the customer. The customer is not allowed to deduct any counterclaims from the receivables of the supplier. The
customer is not authorized to retain any money due to warranty requests or other requests which have not been
accepted by the supplier.
In the event that a exchange or a cheque is not cashed that there will be a payment default, or other circumstances
of the purchaser occur, in our view, granting a target no longer justied, the entire claim - even if this exchange or
cheques to – is due immediately.
6. Reservation of Property Rights
The goods remain our property until payment of all existing claims and arising claims in the future, including
all incidental claims from our business relationship with the buyer. This includes claims from exchange and
cheques.The buyer may realise the conditional goods against payment or dispose of property subject. The buyer
is not entitled to pledge or assign as security. The buyer already assignes to us the claims of deliveries, in which
conditional goods are included, the amount with all ancillary rights, which conforms to the invoice price of the
conditional goods.
In the event that the demands of the buyer from the resale in a current account, hereby the buyer already assi-
gnes his claims from the current account to his customers to us, in the amount of price that we charged him for
the resold reserved goods. Until cancelled the buyer is entitled to revoke his assigned book account to us.If we
due our overall requirement of paragraph 5 immediately, the buyer is obliged to consider our request, to inform
the debtors of the assignment, and to provide us with information and documents. The assertion of ownership
and the distraint of the goods delivered by the supplier are not considered resignation from the contract, unless
the law for instalment sales applies.
If the Reservation of Property Rights expires due to any circumstances, supplier and customer now agree that
the property of the goods with processing, commingling or mixture are passed to the supplier who accepts the
transfer. In this case the customer has to deposit the goods free of charge. At the processing of objects which
are not yet in property of a third party the supplier acquires joint owner ship to the new goods. The scope of the
joint ownership results from the proportion of the invoice value of the goods delivered by the supplier and the
invoice value of the rest of the goods. If a bankruptcy proceeding is opened against the customer’s property, it is
not allowed to sell goods from the bankrupt’s asset which are under Reservation of Property Right from the point
of time of the opening of bankruptcy.
7. Duty of care
The buyer has to ensure that any changes and modications to the public road participating vehicles to register
to the motor vehicle registration certicate in accordance with the statutory provisions.
All claims by the buyer or third party against the seller from accidents of any kind are expressly excluded.Vehicles
which were equipped with parts, which are purposed for sports or for export to countries outside Austria, are
not allowed on public roads. Motorsport parts are high-performance products and sometimes not for public
roads allowed!
8. Defects and liability for defects in the delivery
A notice of defects indicated according to point 2 of these terms and conditions does not aect the payment
conditions. We denitely do not give any guarantee or warranty for defects of any types of our products (neither
for products on loan basis).
Demands and claims against Steinbauer Tuning Technologies for compensation of damages which are not con-
tained to the delivery item, but resulted as indirect damage (consequential damage) are explicitly excluded.
Further the liability from title compensation as well as warranty in case of own installation or installation by a
third party as well as the use of the products for sports or racing purposes is not assumed.
Recourse receivables according to § 12 of Product Liability Act are excluded, unless the recourse authorized pro-
vides the evidence that failures have been caused by SteinbauerTuning Technologies Austria GmbH or have been
caused at least wantonly negligent.
Our pretended guarantee is limited to business processes on which our warranty and guarantee conditions have
been accepted and thus became content of the agreement (please see our homepage).
9. Product identication
A change in our products and any special identifaction mark, as a mark of origin or a third party buyer, or might
appear that this is a special character, are inadmissible.
10. Place of performance and jurisdiction
The place of performance for all mutual rights and obligations is Enns. Only and exclusively Austrian right –
formal as well as material right - is valid under explicit exclusion of the agreement of the United Nations about
contracts about the International Sale of Goods (UN-Sales Law) or other reference provisions.
For all in connection with the contractual relationship resulting disputes, also for resignation similar rights, re-
gardless of the amount of the matter in dispute, the Jurisdiction is Linz/Austria.
The buyer must not assign his contractual rights without our explicit consent to third parties. The contract will
not be ineective as a whole by the ineectiveness of individual provisions. The ineectiveness of a point of
these conditions doesn’t aect the rest of the content and their eectiveness.
STEINBAUER Tuning Technologies Austria GmbH
Neu Gablonz 5 • A-4470 Enns
T: +43 / (0)7223 / 811 75 - 0
F: +43 / (0)7223 / 811 75 - 40
E: info.at@steinbauer.cc
www.steinbauer.cc
Terms and Conditions
ATen 09/08
NOTE: Usage of our products causes the expiry of the manufacturer´s warranty.
