GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF HARDWARE, SOFTWARE AND SERVICES
version 01.10.2019
1 General information
These terms and conditions apply to all contracts concluded between the client and ENIO GmbH as contractors with regard to the sale of hardware and software as well as the execution of installations of soft and hardware and services. All orders and agreements are only legally binding if they are confirmed by the client in writing and are drawn up by the company and are only obligated in the scope specified in the order confirmation. Purchasing conditions for the present legal transaction and the entire business relationship are excluded. Offers are in principle subject to alteration.
These GTCs do not cover the area of E-Services. In this context, "e-services" refers to the activation, management and billing of services such as the charging of electric vehicles at electric charging points or the activation of electric devices by control units. This also includes the use of the associated software applications and billing systems for the internet (web) and mobile phones (app).
2 Delivery
2.1 The delivery takes place at the expense and risk of the customer, unless the customer pays a separately charged transport and insurance contribution to the delivery free of charge.
2.2 Partial deliveries are permissible.
2.3 Complaints from transport damages must be made by the customer immediately after receipt of the goods by the transport company and ENIO.
2.4 Shipments to ENIO are generally accepted only free of charge, in the case of nonfree consignments, ENIO reserves the right to refuse acceptance.
2.5 If a delivery date promised in writing is exceeded by our fault by more than 6 weeks and if a grace period of at least 90 days to be set by the customer is not complied with in the same way by our fault, the customer is The right to withdraw from the contract by registered letter.
2.6 In the case of the delivery of chip cards, ENIO is entitled to carry out and invoice for pre-or partial deliveries. If the deviation is not above or below 10% of the total quantity, the customer is obligated to accept this additional or lesser delivery at the Aliquot calculated price.
2.7 The place of performance for delivery and payment is the registered office of the ENIO.
3 Prices
3.1 All prices are quoted in euro and are exclusive of packaging and shipping, and, if not specifically noted, exclusive of the statutory turnover tax.
3.2 ENIO is entitled to charge the list prices valid on the day of delivery. If the invoice price increases by more than 10% compared with the contract price, the client has the right to withdraw from the order without mutual compensation claims.
4 Payment
4.1 The invoices set by ENIO including VAT are payable promptly without deduction of cash discount.
4.2 In the distance selling (via webshop) invoices placed by ENIO are payable including VAT by cash on delivery or by credit card without deduction of discount.
4.3 In the case of orders involving several units, ENIO is entitled to Invoice after delivery of each unit or service.
4.4 Adherence to the agreed payment dates constitutes an essential condition for the execution of the delivery or contract performance by ENIO. In the case of late payment, Dunning fees are charged and, in addition, default interest is charged in the normal banking scope. In case of non-compliance with two instalments, ENIO is entitled to have the loss of time entered into force.
4.5 The client is not entitled to withhold payments due to incomplete delivery, warranty or warranty claims or faults.
4.6 Deposits for credit balances via the web platform shall be deemed payments for future loads or other services. The invoice for this can be obtained from the portal upon completion of the booking (download). Refunds are not possible afterwards.
5 Retention of title
5.1 Delivered goods remain the property of the ENIO until full payment of the purchase price, the client is obligated, in case of third party access to the objects of the ENIO subject to retention of title, without delay, stating all necessary Data. All costs associated with the release of the goods shall be borne by the customer.
5.2 For the duration of the reservation of ownership, the customer shall ensure the proper maintenance, maintenance and maintenance of the delivered goods.
5.3 In the event of the sale of the goods subject to retention of title of the contractor to third parties, the customer hereby assigns to the contractor the claims arising from the resale of the goods to a third party and Commits himself to affix a note in his books indicating the assignment of the claim. In this case, the client undertakes to notify the third party debtor immediately of the assignment of the ENIO.
6 Warranty services
6.1 Software – ENIO does not guarantee the software products, especially for their saleability and usability for certain purposes. ENIO assumes no liability for the replacement of certain, incidental, permanent or consequential damages related to the application of a software program. The customer is solely responsible for the correct use and for the data backup.
6.1.1 any software program which demonstrably exhibits a defect of the carrier material shall be repaired or replaced free of charge by ENIO, if this is objected to ENIO within the time limit set in point 7.1.
6.2 Hardware – The warranty periods listed in the current ENIO price list do not extend to those aggregates and parts that are to be worn out as a result of their normal use and need to be renewed on a regular basis. Print heads and interfaces (chip card contact units) are exempt from the warranty. Defects must be reported to ENIO in writing within the guarantee period immediately after occurrence. The warranty period begins with our delivery note date.
6.2.1 the entitlement to guarantee shall lapse if repairs or changes to the guarantee object are made by persons who are not or are not authorized by the technical support of the ENIO, or if the owner of the Warranty object. During ongoing warranty claims, the repair is carried out without offsetting the costs of wages and materials exclusively at the place of business of the contractor.
6.2.2 The requirement for the use of the guarantee is that the customer has fulfilled all obligations arising from the purchase contract fully and completely inclusive of all ancillary fees.
6.2.3 warranty claims beyond the agreed guarantee service are excluded.
7 Warranty and liability
7.1 Defects due to the condition of deliveries are to be notified in writing ENIO in cases of legal or agreed warranty within 8 days after receipt of the goods at the delivery location. In the event of a timely and justified notification of defects, ENIO shall, after his/her choice, provide free rectification of defects, free replacement or credit against the provision of the defective goods or pieces. Further claims, in particular for damages, are excluded.
7.2 ENIO does not assume any liability or compensation for damages, capital and interest losses caused by machine faults and/or disturbances, delivery time overruns and delivery times for spare parts, except in cases of Intent or gross negligence. Liability for consequential damages is excluded in any case.
7.3 The return of contested goods requires the express prior consent of the ENIO and takes place at the cost and risk of the customer (see also point 2.4).
8 Implementation of installations
In order to carry out commissioned installations, the customer ENIO or his employees have to make the corresponding premises fully accessible. ENIO is in no way obligated to check the instructions of the client regarding the manner in which installations are carried out on their feasibility. In this context, ENIO does not have any obligation to warn. The customer is responsible for the suitability of existing installations in terms of their type and capacity and ENIO does not meet any obligation to check or warn against this.
9 Scope of services
The client acknowledges that the scope of services and the compatibility of the hardware and software supplied to it by ENIO is limited with their functionality. No instruction or training is included in the scope of delivery. Prices for fee-based instruction or training are available on request.
10 Updates/Upgrades
The client undertakes to comply with the update regulations set by the manufacturer or ENIO and to perform updates/upgrades only if the update requirements are met. If the client violates the licensing regulations, the customer is asked to provide a reload amounting to the price difference between the update and the full product. This charge is due promptly for payment.
11 Export
All goods supplied by ENIO are intended for final destination in the countries of the EU. ENIO expressly points out that an export can only be carried out in compliance with the relevant legal provisions, in particular the Foreign Trade Act, and the Client hereby expressly takes note of this.
12 Product liability
It is expressly agreed that, by reference to § 9 PHG, a replacement obligation of ENIO for material damages, which the client should suffer in connection with the delivery of a product from ENIO, shall be excluded by mutual agreement.
13 Assignment of claims
The client is not entitled to withdraw his claims from the contract.
14 Jurisdiction
For all disputes arising from this agreement, the local jurisdiction of the competent court in Vienna shall be deemed agreed.
15 Deviating agreements
Agreements that deviate from the contractual terms and conditions set out herein must be in writing for their effectiveness and must be drawn up by the client as well as by ENIO company.
16 Severability clause
If one or more provisions of these Terms and conditions are wholly or partly legally ineffective, this does not affect the validity of the remaining provisions. In the place of the ineffective provisions, retroactively, a content-like arrangement occurs, which comes closest to the purpose of the intended regulation.
17 Information on products and services
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