General Terms of Delivery

General Terms of Delivery

Issued by DIGITEL Elektronik GmbH

1. Scope

These General Terms of Delivery apply to all contracts, deliveries, and services provided by DIGITEL Elektronik GmbH.

They govern legal transactions between business entities, including the delivery of goods and, where applicable, the provision of services.

Software transactions are governed by the applicable Software Conditions issued by the Austrian Electrical and Electronics Industry Association (FEEI).
Assembly work is governed by the relevant industry conditions, where applicable.

Any deviations from these terms shall only be valid if expressly agreed in writing.

2. Offers

All offers made by the Seller are non-binding unless explicitly stated otherwise.

Technical documents, drawings, and project documentation remain the property of the Seller and must not be disclosed to third parties without prior written consent.

3. Conclusion of Contract

A contract shall be deemed concluded upon:

  • written order confirmation by the Seller, or

  • dispatch of the goods.

Statements in catalogues, brochures, or other materials are only binding if expressly confirmed by the Seller.

Amendments or additions require written confirmation.

4. Prices

Prices are quoted ex works or ex warehouse, excluding:

  • VAT

  • packaging

  • transport

  • insurance

  • installation

  • disposal costs

The Seller reserves the right to adjust prices in the event of cost increases occurring after the quotation date.

Repair and service work shall be charged based on actual expenditure.

5. Delivery

Delivery periods commence upon fulfilment of all contractual and technical prerequisites.

Delivery times are non-binding unless expressly agreed otherwise.

Partial deliveries are permitted.

In cases of force majeure or circumstances beyond the Seller’s control, delivery periods shall be extended accordingly.

6. Passage of Risk

Risk passes to the Buyer upon dispatch of the goods from the Seller’s premises.

For services, risk passes upon completion of the service.

7. Payment

Unless otherwise agreed, invoices are payable within 30 days from the invoice date, without deduction.

Payments shall be made without offset or retention.

In the event of late payment, the Seller reserves the right to charge default interest and suspend performance.

Delivered goods remain the property of the Seller until full payment has been received.

8. Warranty

The warranty period is 24 months from the passage of risk.

The Buyer must inspect goods upon receipt and notify defects in writing without delay.

The Seller may, at its discretion:

  • repair

  • replace

  • grant a reasonable price reduction

Warranty excludes defects caused by improper use, external influences, or unauthorized modifications.

9. Withdrawal from Contract

The Buyer may withdraw from the contract only in cases of significant delay attributable to the Seller and after granting a reasonable grace period.

The Seller may withdraw in cases of payment default, lack of creditworthiness, or force majeure conditions.

10. Disposal of Electrical Equipment (Austria)

For equipment placed on the Austrian market, disposal obligations shall be governed by applicable Austrian regulations.

Where required, the Buyer assumes responsibility for financing disposal and recycling.

11. Liability

The Seller shall be liable only for damages caused by intent or gross negligence, within the limits of statutory provisions.

Liability for:

  • indirect damages

  • consequential damages

  • loss of profits

  • economic losses

is excluded to the extent permitted by law.

12. Intellectual Property

The Buyer shall indemnify the Seller against claims arising from specifications or materials provided by the Buyer.

13. Severability

If any provision is deemed invalid, the remaining provisions shall remain unaffected.

14. Applicable Law and Jurisdiction

All legal relations shall be governed by Austrian law, excluding conflict-of-law rules.

The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Place of jurisdiction: Seller’s registered office.