Warranty (B2B), notice of defects and exclusion of liability

The seller provides a warranty for defects that already exist at the time of delivery (§§ 922 ff. ABGB).

The warranty period is 6 months from delivery. Warranty claims shall expire one month after expiry of this warranty period. The existence of defects must be proven by the contractual partner. § Section 924 sentence 2 ABGB (presumption of defectiveness) and Section 933b ABGB shall not apply. Warranty claims are only available to the direct client and are not assignable. The above paragraphs contain the warranty for goods conclusively.

The buyer is obliged to inspect the goods for any defects immediately upon receipt. The seller must be informed of any defects immediately, but at the latest within one week of receipt, in writing and in detail. Defects that are not recognizable within this period, even after careful inspection, must be reported immediately after discovery. Defects in a part of the delivery do not entitle the buyer to complain about the entire delivery. If the buyer violates his obligation to give notice of defects, he can no longer assert his claims for warranty, compensation for damages due to the defect itself or due to an error regarding the absence of defects in the goods. The seller reserves the right to inspect defects reported by the buyer himself or through an expert.

Under no circumstances shall the seller be liable for defects in the delivered goods caused by improper handling or alteration of the goods in any way.

Claims for damages are excluded unless the damage was caused by intentional or grossly negligent action on the part of the seller or his vicarious agents. The existence of gross negligence must be proven by the buyer. In the event of slight negligence, the seller shall only be liable for personal injury. Liability expires 6 months after the buyer becomes aware of the damage and the party causing the damage. The seller shall not be liable for indirect damage, loss of profit, loss of production, loss of interest, failure to make savings, consequential damage and financial loss, damage arising from third-party claims or for the loss of data.

Claims for damages by the seller are limited to the amount of the order value.

The previous paragraphs also apply to claims for damages arising from the pre-contractual obligation.

Warranty and limitation of liability B2C

The statutory warranty provisions of the Republic of Austria apply.

Defects in part of the delivered goods do not entitle the customer to reject the entire delivery.

Under no circumstances shall the seller be liable for defects in the delivered goods caused by improper handling or alteration of the goods in any way.

Claims for compensation for material damage are excluded unless the damage was caused by intentional or grossly negligent action on the part of the seller or his vicarious agents or assistants. In the event of slight negligence, the seller shall only be liable for personal injury. Liability for loss of profit is excluded.

The above limitations also apply to claims for damages arising from the pre-contractual obligation or consequential damages.