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Imprint, Terms and Conditions, and Cancellation Policy

Here you will find our legal notice, terms and conditions and cancellation policy. If you have any further questions, please feel free to contact us.

Legal Notice

Company name

Mosertronik GmbH
Private limited company

Tax number, EORI number and DUNS number

UID: ATU75895319
Tax number: 23321/9104
EORI: ATEOS1000108689
DUNS: 30-015-8211

Company registration number and company registration court

FN 540434g
Regional Court Krems

Head office and contact

Mosertronik GmbH
3532 Rastenfeld 177 | Austria
Tel.: +43 2826 88198
Email: info@mosertronik.com
Contact form

Email and web servers

The email server (mail.mtronik.at) and the webserver (server1.mosertronik.com) are operated and maintained by us.
If you have any questions or need help, you can contact us at admin@mosertronik.com contact.

WKO membership

Lower Austrian Chamber of Commerce

Applicable regulations

You can find the Trade Regulation Act here.

regulatory authority or trade authority

Krems District Administration

Job title

master craftsman's business

Awarding country

Passed the master’s examination in Austria.

Bank details

Bank and Savings Banks AG Waldviertel-Mitte
IBAN: AT93 2027 2000 0026 3368
BIC: SPZWAT21XXX

Logo, text, graphics and images

All text, graphics and images are protected by copyright. Use is permitted only with the express written consent of Mosertronik GmbH. Incorporating this website into a frameset created by the linking party is not permitted. The Mosertronik logo and word and figurative mark are legally protected and may not be used.

TERMS AND CONDITIONS OF MOSERTRONIK GMBH

1. SCOPE

  1. These General Terms and Conditions apply between Mosertronik GmbH and the relevant customer in respect of the legal transaction entered into.
  2. The version of our Terms and Conditions current at the time the contract is concluded shall apply, which can be found at https://mosertronik.com/impressum-agb-widerruf/ can be accessed at any time.
  3. Mosertronik GmbH enters into contracts exclusively on the basis of these General Terms and Conditions. Any deviating terms and conditions of the contracting party shall only be valid if expressly agreed in writing.
  4. Any conflicting general terms and conditions on the part of the customer are expressly rejected.
  5. Wherever the term ‘customers’ is used in the following in a general sense, it refers to both business and non-business customers.

2. QUOTATIONS AND COST ESTIMATES

  1. Our quotations are non-binding and subject to change, and should be regarded as an invitation to make an enquiry.
  2. Quotations are always provided without guarantee. Work is always invoiced on the basis of actual time and effort, unless otherwise agreed in individual cases.

3. PRICES

  1. Services are invoiced on the basis of the actual time and effort involved, unless a flat rate has been agreed.
  2. Where the customer requests services that are not covered by the original contract, the client is entitled to additional reasonable remuneration.
  3. Prices quoted for legal transactions between the two companies are exclusive of the applicable statutory value-added tax.
  4. In case of any doubt, packaging, transport, loading and dispatch costs, as well as customs duties and insurance, are not included in the prices.
  5. The customer must arrange for the professional and environmentally sound disposal of waste materials. If we are separately commissioned to do this, this must be remunerated additionally by the customer to the extent agreed for this purpose, or appropriately in the absence of a remuneration agreement.
  6. The remuneration for any ongoing obligations is agreed to be value-secured in accordance with the 2020 Consumer Price Index (CPI 2020), and we are entitled to an annual adjustment of our remuneration as of 31 December each year. The base month used is the month in which the contract was originally concluded. More specific value-retention clauses in the ongoing obligations themselves shall take precedence over this value-retention agreement.
  7. Travel, daily allowance and overnight accommodation costs will be charged separately. Travel times count as working time.

4. FREE-ISSUE MATERIALS AND LIABILITY

  1. The customer is solely responsible for ensuring the adequate quality and operational readiness of basic products (e.g. proper functioning of the car when repairing a control unit) and other materials provided that are not covered by the repair order. A quality check shall only be carried out if specifically requested by the customer and is not otherwise owed.
  2. No liability is accepted for equipment and other materials provided by the business customer, unless the damage was caused by gross negligence or intent.
  3. No liability is accepted for equipment and other materials provided by non-business customers solely in the event of damage caused by simple negligence. This limitation of liability was specifically pointed out when the contract was concluded.
  4. Legal liability for personal injury remains unaffected in any case.

5. TERMS OF PAYMENT

  1. A cash discount deduction requires an explicit agreement.
  2. If a business customer falls into arrears with payment in connection with other legal transactions that are not related to the legal transaction forming the subject matter of the contract, we shall have the right to suspend the fulfilment of our obligations arising from the legal transaction forming the subject matter of the contract and further other legal transactions until payment is made in respect of the legal transaction which is the subject matter of the default, and to withhold our performance/services. In this case, we shall also have the right vis-à-vis the business customer to declare all claims (from whatever legal transactions) for services already rendered from the ongoing business relationship with the business customer due and payable and to demand payment, provided that the outstanding payment from the legal transaction which is the subject matter of the default is not made despite the setting of a grace period of 14 days.
  3. In the event of default in payment, the customer is obliged to reimburse us for the costs necessary and appropriate for collection (reminder fees, collection charges, legal fees, etc.).
  4. In the event of a culpable default in payment, the customer undertakes to pay reminder fees of €40.00 per reminder for any reminders that are necessary and appropriate for collection.

6. RISK DISTRIBUTION

  1. Risk passes to a business customer as soon as we make the work or the purchased item available for collection or hand it over to a carrier. The business customer approves any customary method of shipping in advance.
  2. In the case of business customers, it is agreed that the burden of proof regarding the time at which the damage occurred (damage to the product prior to handover to the carrier) lies with the business customer. Until proven otherwise, it is therefore presumed that the damage occurred after the transfer of risk.
  3. The goods are packaged in standard cardboard boxes, with bubble wrap, cardboard and polystyrene inserts being used to protect against damage. This type of packaging is approved by the business customer.

7. CUSTOMER'S OBLIGATIONS AND LIMITATION OF THE DUTY TO WARN AND INFORM

  1. The customer must inform us of the exact defect of the part. This includes a description of the fault, fault codes, pin assignment, circuit diagrams and the part number of the device. The obligation to perform the service only begins once the customer has provided all of the specified information.
  2. For work to be carried out by us on customer premises, the customer must ensure that our personnel can begin the work immediately upon arrival. In particular, the work area must be kept freely accessible and any obstacles removed. Lockable rooms must be provided to us for the storage of tools, machinery and materials.
  3. The customer shall be responsible for ensuring that supply lines, cabling, networks and the like are in a technically sound and operational condition.
  4. Authorisations, notices or notifications to authorities must always be arranged by the customer at their own expense and are not included in the scope of the order unless otherwise agreed.
  5. The customer warrants that there are no concealed electricity, gas or water pipes or similar sources of danger in the work area and must expressly notify this in writing in the event of any deviation.
  6. Duty of warning and information towards business customers only exist
    • for apparently unsuitable materials and/or apparently incorrect instructions and/or apparently unsuitable preliminary work by the customer or a third party,
    • unless the unsuitability or inaccuracy was not recognised as a result of gross negligence.
  7. The business customer is not entitled to assign claims and rights arising from the contractual relationship without our written consent.
  8. The customer must immediately notify any changes to their name, company, address, legal form or other relevant information in writing, failing which they shall bear any additional costs that may arise.

8. TIME FOR PERFORMANCE

  1. Delivery and performance periods and dates are only binding if they have been agreed in writing.
  2. In the event of a default, we must be granted a reasonable grace period before a withdrawal can be declared, which must in any case be four weeks.
  3. Deadlines and dates shall be postponed in the event of force majeure (pandemic, acts of war, war), strike, and unforeseeable comparable events that are beyond our control, for the duration during which the respective event continues.
  4. If the commencement of the performance or the performance itself is delayed due to circumstances attributable to the customer, in particular as a result of the breach of obligations to cooperate, performance periods shall be extended accordingly and completion dates postponed accordingly. The customer shall bear any additional costs arising as a result thereof.

9. DEFAULT BY THE CUSTOMER

  1. If the customer is in default of acceptance for a period of two weeks (refusal of acceptance, default on advance payments) and has failed to remedy the default of acceptance despite being granted an additional period of 10 days, we shall have the right to demand performance of the contract and in particular payment by legal action, or to withdraw from the contract while asserting the damage incurred by us within the meaning of Section 1168 of the ABGB.
  2. In addition, if performance of the contract is insisted upon, we are entitled to store the goods ourselves and claim a storage fee.

10. RETENTION OF TITLE

  1. The goods supplied and/or installed by us shall remain our property until payment has been made in full. We are hereby irrevocably authorised to enter the location of the goods in order to dismantle and collect the same in the event of withdrawal from the contract.
  2. In the event of a resale of the goods prior to payment for our service, the customer is obliged to provide the name and exact address of the buyer and, at the time of the resale, assigns the purchase price claim against the buyer to us. This assignment is hereby accepted by us. The assignment must be noted by the customer concerned in their records and the buyer must be notified of the assignment. The customer is also subject to a contractually agreed obligation to render accounts to us in this regard.
  3. Until our claim for performance is satisfied, the goods may neither be pledged, assigned by way of security, nor encumbered in any other way with the rights of third parties. The customer is obliged to inform any third party asserting rights to the goods of our ownership of the goods.

11. RIGHTS OF RECOURSE IN THE CORPORATE CHAIN

  1. If, within a „supply chain“, a defective (partial) performance on our part is alleged vis-à-vis a business customer by their customer, and if this leads to legal proceedings in which notice of the dispute is served upon us, our liability (on whatever legal grounds) for the legal costs incurred in such proceedings shall in any event be excluded, regardless of whether or not we intervene in this legal dispute as an accessory party. Any right of recourse whatsoever against us for incurred legal costs (expert witness fees, legal representation costs, etc.) is therefore excluded.
  2. The business customer holds us harmless and indemnifies us in this regard.
  3. The commercial customer's rights of recourse under warranty law within the chain of enterprises remain unaffected.

12. WARRANTY

  1. The warranty period for our services is one year from handover for business customers.
  2. Our service must be inspected immediately after handover by the business customer, and any defect must be notified to us in writing by the business customer at the latest within 10 days, failing which all claims shall be forfeited.
  3. Receipt of trades for the inspection of the existence of a defect shall not be deemed acknowledgement of a defect.
  4. The corporate customer must prove to us that the claimed defect already existed at the time of delivery.
  5. If defect claims made by a commercial customer are unjustified, they are obliged to reimburse the inspection and testing expenses incurred for examining the goods based on the actual effort involved.
  6. Before switching to secondary remedies, a business customer must grant us two attempts at rectification, otherwise switching to secondary remedies is inadmissible.

13. EXCLUSIONS OF LIABILITY

  1. Liability towards commercial customers for property damage and financial loss is excluded, unless we are guilty of intent or gross negligence.
  2. Liability towards non-business customers for material damage and financial loss caused by slight negligence is excluded, and the customer has been separately informed of this exclusion of liability.
  3. The cited disclaimers also explicitly cover any consequential costs incurred by the customer in the event of repair delays or unsuccessful repairs, in particular the customer's costs for hire vehicles, any penalties/contractual penalties, hired equipment, costs for testing, etc.
  4. Liability in amount is limited to the maximum liability sum of our public liability insurance of EUR 250,000 in respect of business customers.
  5. Claims for damages must be brought before the courts by the commercial customer within one year, failing which they shall lapse.

14. SEVERABILITY CLAUSE

  1. If any individual parts of these terms and conditions should be invalid, the validity of the remaining parts shall not be affected thereby.
  2. The parties agree that, in the event of any invalid provision of these terms and conditions, they shall seek as a replacement a legally valid regulation comparable to the hypothetical intent of the parties and the telos expressed in the terms and conditions.

15. MISCELLANEOUS

  1. Austrian substantive law applies.
  2. The application of the UN Sales Convention is excluded.
  3. Place of performance is our company headquarters in A-3532 Rastenfeld 177.
  4. The District Court of Zwettl is agreed as the international, venue-specific and subject-matter jurisdiction competent court for all disputes arising from the contractual relationship or future contracts between us and the customer.

Cancellation policy

The statutory right of withdrawal or cancellation exists for consumers in the case of contracts for payment concluded with a business in accordance with the following cancellation policy. It should be noted that the right of withdrawal for services expires prematurely if you agree to the free cost estimate or if the service has been fully provided (i.e. the repair has been completed). If you cancel the contract even though we have already started the repair, Mosertronik GmbH can demand compensation for the value of the service provided up to that point.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods. To exercise your right of cancellation, you must inform Mosertronik GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, though this is not compulsory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. If the goods are returned carriage forward, we shall be entitled to withhold or invoice a corresponding amount. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion/Expiry of the right of withdrawal/cancellation

In accordance with Section 18 of the FAGG [Austrian Distance and Off-Premises Transactions Act], the consumer has no right of withdrawal in the case of distance selling or off-premises contracts concerning:

  • Goods made to customer specifications or clearly tailored to personal needs;
  • for services that have been fully performed with your express consent (e.g. by sending the instrument cluster, etc.);
  • Goods which, by reason of their nature, have been inseparably mixed with other goods after delivery;
  • Sound or video recordings or computer software supplied in a sealed pack if the seal has been removed after delivery;
  • the supply of digital content not stored on a tangible medium, if the trader has begun the supply before the expiry of the withdrawal period – with the consumer's explicit consent, combined with the consumer's acknowledgement of the loss of the right of withdrawal upon premature commencement of contract performance, and after the trader has provided a copy or confirmation pursuant to Section 5(2) or Section 7(3).
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