General Terms and Conditions: WMT Thermosysteme GmbH
All contracts between WMT Thermosysteme GmbH (hereinafter referred to as "WMT") and contractual partners are concluded only on the basis of the GTCs made known to the contractual partner.
Verbally negotiated agreements require written confirmation in any case. All plans, sketches or cost estimates as well as other material such as brochures, catalogs, samples and the like remain the intellectual property of WMT and are protected by the relevant copyright provisions and laws.
Any reproduction or disclosure (including copying of extracts) without consultation is prohibited and will result in legal consequences. Furthermore, the contracting party undertakes to maintain secrecy about knowledge obtained from the business relationship.
All offers are subject to change.
All prices exclude assembly, transport and taxes, which will be added to the invoice.
In the event of unexpected increases in production costs, WMT is entitled to adjust prices accordingly.
A discount must be negotiated individually and requires written confirmation.
In the event of late payment, the contracting party undertakes to pay all reminder and collection charges incurred, as well as to reimburse the costs of legal counsel. In addition, interest on arrears in the amount of 10% above the base interest rate shall accrue annually. Proven higher interest claims remain unaffected by this.
Products remain the property of WMT until full payment has been made. Any resale prior to full payment of the purchase price requires our express consent, and the purchase price claim is deemed assigned to WMT in the event of non-compliance.
In the event of cancellation, the Contractual Partner undertakes to reimburse the proven expenses, but in any case to pay a cancellation fee of 10%. Any claims for damages on the part of WMT shall remain unaffected by this.
Cost estimates are prepared with the greatest care and expertise. If a high level of effort is required to prepare the cost estimate, WMT is entitled to charge an appropriate fee for the cost estimate.
When the order is placed, a fee paid for the estimate will be credited.
Cost estimates shall not be binding on WMT as a matter of principle.
In the event of an unavoidable price increase of up to 15%, WMT shall not be obliged to notify the Contractual Partner separately and shall be entitled to charge the additional costs.
In the absence of an express agreement to the contrary, the contractual partner shall bear the costs and risk of delivery.
All delivery periods specified by WMT are at most indicative. Consequently, minor overruns are deemed accepted by the Contractual Partner. If the reasons for a delayed delivery are beyond the control of WMT, the Contractual Partner will be informed in the event of delays that are not minor. The delivery period will be extended appropriately.
For deliveries to WMT, we require the conclusion of transport insurance.
WMT provides for all products 2 years (for consumers) or 1 year
(for entrepreneurs) Warranty from the date of delivery for proper, economical use in accordance with the enclosed user information.
The burden of proof for the existence of a defect shall be borne by the contractual partner - defects must be reported immediately, at the latest within 8 days.
Apart from cases in which a right to rescission exists by law, we reserve the right to fulfill a justified warranty claim at our discretion by improvement, replacement or price reduction. For improved or replaced parts, the warranty period shall start anew, but shall end in any case 6 months after expiry of the original warranty.
Excluded from the warranty are:
- Defects in parts that are subject to natural wear and tear
- Defects caused by improper use or influence of any kind on the product by the contracting party or a third party.
- Defects due to chemical influences
- Defects due to overstressing beyond the performance specified by WMT.
- Defects due to improper assembly, connection, overvoltage or use of unsuitable materials.
- Products whose nameplate has been damaged, altered or removed
- Products on which repair or replacement work has been carried out by the Contractual Partner or by third parties not authorized by WMT.
Instructions for assembly, use and repair of the product can be found in the user information enclosed with the product. No warranty claims shall arise from information in catalogs, brochures, advertising literature or the like that has not been included in the contract.
Claims for damages must be asserted without delay, in any case within 3 years (for consumers) or 6 months (for entrepreneurs) of knowledge of the damage.
Excluded from compensation is liability for slight negligence, compensation for consequential damage, pure financial loss, indirect damage, as well as compensation for lost profit.
Jurisdiction and choice of law
The place of jurisdiction of our choice is the factually and locally competent court at the registered office of our company. The place of performance for payment and delivery shall be the registered office of WMT.
Austrian substantive law shall apply. The application of UN sales law is excluded. Contractual language is German.