On request an offer, after a detailed clarification with the client, is sent to him. It is not allowed to forward the catalogue, technical information and drawings to a third person for use. Particulars which are registered in our company, protected by law, are not transmitted to third persons or companies.
A definitive placed order will be confirmed in writing by us with terms and way of delivery. The arrangements made with our representatives are accepted, if they are confirmed by us by written confirmation. Special conditions asked by our client swerving from our General Conditions need our written agreement.
3. Setting up
The moving fire stoves will be installed on their definitive place and only some models need a setting up. The stoves are ready for use.
Our prices are ex works, excl. taxes. Transport, insurance as eventual custom fees have to be supported by the client. On clients request, we can conclude an insurance supported by him.
The delivery of our products takes place generally within the time mentioned in our catalogue. Special executions are delivered within 5 to 8 weeks. Deadlines are indicated approximately, if no special written conditions were fixed. In case of delay of the delivery the client may fix a new deadline of 10 to 20 working days. After a second delay being over, the client has the right to cancel the order. If the delay is caused by circumstances due to the client, his responsibility starts on the day when the products are ready to be delivered. If the delay is due to circumstances outside manufacture’s control or in case of difficulties getting the raw material, the client is not allowed to cancel the order. When there is an important order, we can make part deliveries to be agreed with the client.
The products are delivered and sent on clients risk. The way the products are sent, if there is no previous agreement, is done on our choice. Usually transportation is done by truck. From handing over the goods to a carrier or forwarding agent, latest by leaving the works, the risk is on clients responsibility. Transport damages only are accepted if the client has not mentioned on the waybill “Goods received according to the order and completely”. The waybill has to be sent back immediately, at latest 3 working days after receipt of the goods. The products have to be accepted by the client, even if they have defects. Return or sending back of our goods has to be made free of charge.
A return of goods only can be accepted if it is complete and in the same condition that it was delivered. If the product was used or damaged, the refund corresponds to the real remaining value of the goods.
The return of special manufactured products only can be accepted if it is possible to use it otherwise. By return of goods, the client has to accept an inventory made by one of our collaborators.
The term of payment is 30 days from date of invoice. By payment within 10 days, a discount of 2% is allowed. The payment has to be made by post or bank clearing or cash. Cheques or bill of exchange are not accepted. The payment is valuable from the date of receipt of the credit advice. A possible damage doesn’t allow the client to delay his payment. If the payment has not been made on time an interest of 3% year over the up to date bank interest is claimed. Furthermore we can charge for each statement or reminder the amount of € 6.00. The goods remain, until fully payment of the invoice, in our property. By delay of payment, we can recharge the discounts made and ask for the payment of all outstanding invoices. In this case delivery of ordered products only is made against cash payment. We only accept compensation invoices, if an equivalent service has been agreed and concerns to the invoice of the same order.
The guaranty is valid for the client after he has carefully examined the delivered goods and found them according to his order. The client has to control immediately if the goods have been delivered completely, without damage, wrong and if the quality corresponds to his order.
Claims have to be made by registered letter within 8 days after receipt the goods. Delayed claims are not accepted.
Claims we are responsible for, we can choose repair or replacement of the goods.
If we are unable to repair the goods or to replace them, or repair or replacement cannot be done in time, caused by us, the client has right to cancel the order or ask for deduction of price.
We are not responsible for damages not concerning delivery of our goods.
We stay at our client’s disposal for any informations or advices they may need about our products.
The guaranty of 6 months is only valid for new products and concerns manufacturing and material damage from date of delivery. The guaranty is not valid if our technical instructions were not used like Ö-Norm/DIN, modifications done on the product, parts changed or wrong combustible used that do not correspond to the original specifications. The guaranty is not valuable for wearing parts of the product.
Used products will be sold “as seen” and are not submitted to any guaranty.
8. Reserve right
We reserve the right to take out or replace products from our program and make technical and optical modifications.
9. Place of performance and legal domicile
The legal domicile is Schwaz. The head-office of the company moving fire Designeröfen is Wiesing.
10. Foreign countries
For deliveries into foreign countries the Austrian law is valid. By deliveries into foreign countries the Austrian taxes are not to be paid.
moving fire Designeröfen GmbH