General terms and conditions


Preamble
All deliveries, services and offers of GASOKOL GmbH, hereafter referred to in short as "GASOKOL", are made exclusively on the basis of these terms and conditions. These terms and conditions apply to the entire European area and are based on a recommendation of the Austrian Association for the Sanitary and Heating Wholesale Sector (Vereinigung des Sanitär- und Heizungsgroßhandels). GASOKOL’s offers are aimed exclusively at the building trade. The direct purchase of goods and services by end users is excluded. Accordingly, these terms and conditions apply exclusively to transactions with contractors.

1. General provisions
These terms and conditions form an integral part of each offer by GASOKOL and each legal transaction concluded with GASOKOL. Deviating agreements, in particular deviating oral agreements, are legally binding only if they are confirmed in writing by GASOKOL. Hence all agreements, subsequent amendments, sup- plements, side agreements, etc., must be in writing - and thus signed by hand on the original document or with a secure electronic signature - to be valid. GASOKOL does not recognise any terms and conditions of the Customer that contradict or deviate from these general terms and conditions. Plans, sketches and other technical documents, as well as models, catalogues, brochures, illustrations, etc., remain at all times the intellectual property of GASOKOL. Any exploitation, reproduction, dissemination, publication or presentation requires the express written consent of GASOKOL.

2. Conclusion of contract
A contractual offer or an order of the Customer must be confirmed by GASOKOL in an order confirmation. The Customer is obliged to check the order confirmation and confirm it within 48 hours of receipt; any re- quests for changes must be announced immediately. For custom-made products, the order is only valid after receipt of the signed order confirmation and/or release drawing. The production order will only be forwarded as of this point in time. Offers are valid for eight weeks from their date of issue. For the validity of the offer, please check the offer directly. In the event of any doubts about the validity, please contact GASOKOL.

3. Pricing
Unless otherwise agreed, the indicated prices are net prices ex works, without packaging and without dis- counts and excluding VAT. The prices are guide prices, which are typically valid for a period of one year in accordance with the price list. If wage costs change due to collective bargaining agreements in the sector or internal company agreements or if other costs required for the contractual performance (such as materials, energy, transports, work by third parties, financing, etc.) change in the course of the year, GASOKOL is entitled to adapt the prices accordingly.

4. Delivery and performance
Deliveries are made at the expense and risk of the Customer. Partial deliveries are permitted. In Austria, goods are generally delivered by our own fleet. In this case, delivery is made without charge to the place of destination. The risk is transferred upon unloading the goods at the destination. For international transactions, GASOKOL can organise shipping at the request of the Customer. As a rule, in these cases, deliveries are made ex works. With the delivery of the goods to the carrier, the risk of damage and loss passes to the Customer. The registered office of GASOKOL shall be the place of fulfilment for deliveries and payments. GASOKOL is entitled to choose the type of shipping of the goods and the means of transport. Deliveries are made subject to the condition that the access road is navigable for heavy lorry-trailer combinations. If these conditions do not apply to the specified delivery address, the Customer shall bear any resulting additional costs. In principle, the address of the Customer is the delivery address. The estimated delivery date will be indicated in the order confirmation in consultation with the other Contracting Party. The other Contracting Party shall tolerate slight delays in delivery without being entitled to claims for damages or withdrawal from the contract. The time limit for delivery commences upon receipt of the order confirmation or, as the case may be, on the date stipulated by GASOKOL; however, not before all details of the performance have been fixed. Unless otherwise agreed, the time limit for delivery is calculated as of the place of dispatch (ex works). Fixed delivery dates, too, are subject to the condition that all details of the performance have been agreed. As a rule, the delivery date indicated in the order confirmation is deemed to be the date of performance for the delivery. The Customer shall be notified when the goods are ready for shipping. If the Customer does not call off the goods when they are ready for shipping, the goods are nevertheless deemed to have been delivered. In these cases, the Contracting Party is in default of acceptance. GASOKOL shall not be liable for delays in de- livery caused through no fault of GASOKOL or through slight negligence. In this case, the Customer waives the right to withdraw from the contract and also from asserting claims for damages. The onus for proving damage caused by gross negligence and intent rests on the Customer. Force majeure and other unforesee- able event or events that fall outside the control of GASOKOL, such as labour disputes, acts of government, traffic disruptions, disruption of energy supplies and the like, as well as traffic accidents that fall outside the sphere of responsibility of GASOKOL or its suppliers, generally relieve GASOKOL from its delivery obligation for as long as they persist, even if these events occur at the supplier's or other upstream suppliers; however, in this case, the exemption only applies to the extent that GASOKOL is able to demonstrate to the Customer that these events caused the performance default. If performance becomes impossible due to the above events, GASOKOL's obligation to perform shall cease, subject to the same conditions.

5. Default of acceptance
If the Buyer is in default of acceptance, GASOKOL is entitled to place goods in storage subject to an ap- propriate storage fee or to withdraw from the contract after setting an appropriate grace period and sell off the goods otherwise; in this case, a contractual penalty of 10% is deemed to have been agreed in addition, which is subject to mitigation.

6. Transport damage
GASOKOL packs the goods in industry standard packaging. The packaging will be charged at cost price. The packaging material will be taken back or remunerated only if this is agreed separately in writing. The Customer shall bear any transport damage caused by force majeure or other risks excluded from the liability insurance of the carrier. In general, the goods will be insured against damage or loss in transit or breakage only upon written order and at the expense of the Customer.

7. Shipping costs
Unless otherwise agreed, the Customer shall bear all shipping costs.

8. Notice of defect and warranty
The Customer or recipient of the goods is obliged to inspect the goods immediately upon receipt and notify GASOKOL immediately in writing of all evident defects. Any hidden defects which are not immediately de- tectable must be notified to GASOKOL no later than seven days after receipt of the goods. The goods shall be deemed to have been accepted if such defects are not notified in time. In the event of a failure to comply with the above time limits and terms for the notice of defects or notification of transport damage, the Customer shall be responsible for the resulting loss of warranty rights. If a defect is detected at a later stage, but before expiry of the statutory or agreed warranty periods, the Customer shall give notice of the defect in writing without undue delay after detecting it, however no later than seven working days. The goods shall be deemed to have been accepted if the defect is not notified in time. For goods that are sold as lesser quality factory seconds, the warranty is limited to the properties that are to be expected according to the special marking of the goods. Production-related and material-related deviations in the colour shades of the collector in frames or on the absorber panel are normal and do not entitle the Customer to any warranty claims. In deviation from statutory provisions, it is agreed that the warranty period shall be one year from the date of purchase by the Customer. The place of set-up or installation of GASOKOL products must comply with the statutory provisions and thus also with the general regulatory conditions for suitability.
Warranty claims as well as guarantee claims each begin to run from the invoice date of GASOKOL. GASOKOL shall not be liable for damage caused by mechanical stress and/or change caused by weather-related influenc- es (e.g. broken glass in collector panels, UV radiation, external soiling, etc.). Liability for damage due to force majeure and malfunctions resulting from improper installation and/or installation of the products is excluded. GASOKOL regularly performs random quality tests on its goods. The quadruple quality control excludes de-
fects as far as possible. Therefore GASOKOL accepts no liability for consequential damage caused by slight negligence. Consequential damage can only be asserted by the other Contracting Party if the latter is able to prove that GASOKOL acted with gross negligence. The Customer is responsible for ensuring that the base is statically executed in a professional manner; hence GASOKOL does not assume any liability in this regard. On pain of loss of the rights under the warranty, no modifications may be made to the defective goods without the express written consent of GASOKOL. Warranty claims shall be fulfilled either by repair or replacement of the defective goods at the choice of GASOKOL, unless the goods cannot be repaired or replaced. In the case of repairs, GASOKOL is entitled to use refurbished collector panels. Replaced parts and products become our property. The labour costs for the replacement of the goods and expenses incurred in connection with the determination of the defect shall be borne by the Customer in the event that the notice of defect is proven to be unjustified. Damage caused through improper handling by the Customer or his agents is excluded in any event from the warranty. The right of recourse of the Customer in terms of Section 933b of the Austrian Code of Civil Law (ABGB) is excluded.

9. Product liability and damages
Among contractors it is generally agreed that liability for damage to assets due to a product defect in terms of Section 8 of the Austrian Product Liability Act (PHG) is excluded. In this case, the Customer undertakes to pass this exclusion of liability to his customers. GASOKOL shall not be liable for the accuracy of information about the handling or operation of the goods contained in brochures, technical specifications or other instruc- tions provided by the manufacturer. Any resulting damage falls within the responsibility of the manufacturer or importer, and corresponding claims must be addressed directly to the latter. GASOKOL undertakes in these cases to assign any claims for compensation resulting from its contractual relation with the importer or manufacturer to the Customer at the latter's request. The Customer waives the right to assert claims for damages for consequential damage that fall within our sphere of responsibility - except for personal injury - as well as for loss of profits, provided that the damage was not caused by intent or gross negligence on our part. The onus for proving damage caused by gross negligence and intent rests on the Customer. Rights of recourse in terms of Section 12 of the Product Liability Act are excluded, unless the party entitled to recourse is able to show that the defect falls within the sphere of responsibility of GASOKOL or was caused by gross negligence or intent.

10. Return of delivered goods
Non-defective delivered goods will only be accepted back by way of exception and only after prior written ap- proval by GASOKOL. Custom-made goods or special orders will not be accepted back or credited under any circumstances. Likewise, goods that are no longer in their original packaging or damaged goods cannot be returned. Only original packed and undamaged goods may be returned. For any returns that do not fall within our sphere of responsibility, we will charge a handling fee of 15%. GASOKOL will not accept unpaid returned packages and resulting costs. Goods can be exchanged as a rule only within 14 days of the delivery date.

11. Payment
Unless otherwise agreed, all payments are due immediately upon receipt of the invoice. The transfer shall be made without charge and without deduction. If a discount for early payment is granted, the discount is subject to the proviso that all previous invoices up to that time have been paid by the Customer. Cheques and bills of exchange are accepted only by special agreement and only as payment on account of performance, not in lieu of performance. All collection costs and discount charges shall be borne by the Customer. Pay- ments may be made with discharging effect only to the bank account indicated in the order confirmation or on the invoice, or to a person authorised to collect outstanding debts. Any declared VAT must be paid in full from the total amount as invoiced. Incoming payments shall be credited against the oldest debt.

12. Set-off
Set-off against claims of GASOKOL with counter-claims of any kind whatsoever is excluded.

13. Payment defaults
If the payment term is exceeded, GASOKOL shall charge default interest at the statutory rate. GASOKOL reserves the right to assert claims for further damage. If the Customer fails to comply with his payment obligation within a grace period of one week, GASOKOL shall be entitled, without prejudice to any other rights, to recover the goods delivered subject to retention of title (cf. Section 14, Retention of title). However, in the absence of an explicit statement to this effect, such recovery shall not be deemed to constitute a withdrawal from the contract.

14. Retention of title
All goods delivered, installed or otherwise transferred remain the property of GASOKOL until full payment of the purchase price (including interest and costs). If the goods delivered subject to retention of title are processed by the Customer with other goods that do not belong to GASOKOL, then the retention of title shall not cease to be effective, but instead GASOKOL shall obtain co-ownership of the new goods at the ratio of the value of the goods delivered subject to retention of title to the other processed goods at the time of processing. In the event of resale or processing of the goods subject to retention of title, the Customer assigns their claims against third parties resulting from the sale or processing to GASOKOL as payment on account of performance. At the request of GASOKOL, the Customer shall provide the names of the buyers to GASOKOL and shall inform the buyers in good time of the assignment. If the Customer is in default of pay- ment vis-à-vis GASOKOL, the payments received on account of the assigned claims must be held separately, and the Customer shall hold these payments only in the name of GASOKOL.

15. Place of fulfilment and jurisdiction
The place of fulfilment for both parties is the registered office of GASOKOL. The Contracting Parties agree to the jurisdiction of the Austrian domestic courts. Hence, the Contracting Parties agree that the court that is locally and materially competent at the registered office of GASOKOL shall have jurisdiction for all disputes arising between the Parties. The same applies to claims based on bills of exchange and checks.

16. Applicable law
Austrian law applies. Application of the UN Convention on International Sale of Goods is expressly excluded. The language of the contract shall be German.

17. Storage of data
The Customer agrees that GASOKOL may save and process by EDP their personal data, such as address, system data, system location and technical dimensions, to the extent necessary for the transaction and in line with data protection laws. The Customer is obliged to inform GASOKOL of any changes in his residential or business address as long as the legal transaction has not been fulfilled entirely by both parties. If no notice is given, statements and declarations shall be deemed to have been received if they were dispatched to the last-known address. The mere fact that GASOKOL does not exercise any or all rights to which GASOKOL is entitled does not amount to a waiver of such rights. This document is subject to technical modifications. Im- ages used herein serve as illustration only. Prices for goods and services are exclusive of VAT. Prices without indicated quantities are unit prices.

Last updated: 31 January 2015


Terms and Conditions for GASOKOL Products and Services


Preamble
The General Terms and Conditions of GASOKOL GmbH apply.

In addition, the following terms and conditions apply as a prerequisite for the assumption of warranty obligations by GASOKOL for the authorised use of the products.

1. Statics
It is absolutely essential to check the static load-bearing capacity of the building or sub-structure before installing the panels. In areas prone to snow or areas with high wind loads, the entire construction of the collector support must be checked by the local structural engineer. In this case, particular attention must be paid to geographical conditions (e.g. location exposed to wind, vortex formation, foehn [warm downwind in the Alp region] area, etc.) as well as to other peculiarities that may lead to increased stress. When awarding the contract, it must be determined whether additional set-up frames or fastening points are required due to spacing of the rafters or the statics of the building.

2. Sheet metal flashing
The GASOKOL sheet metal flashing requires a roof angle of at least 23° and not more than 75°; otherwise no warranty is assumed for the sealing of the sheet metal flashing. Not suitable for roofs covered with corrugated Eternit or sheet metal!

3. Sheet metal tiles   
Sheet metal tiles must be used in the installation area if the panels are mounted with hanger bolts or in the case of installation on roof tiles (roof tiles or Eternit may break under heavy snow loads); these tiles are optionally available or must be provided by the Client. Sheet metal tiles are recommended for parallel mounting. GASOKOL shall not accept liability for damage incurred due to the failure to follow these recommendations.

4. Unloading of large surface collector panels
If the Client does not provide a crane for unloading the panels, the Client must provide at least three people without charge for unloading (for the gigaSol, four people are required for 10 m² and upwards).

5. Installation/crane installation
Installation with our crane lorry is only possible if local conditions are suitable for the use of the lorry (lorry dimensions: length – 10 m long, weight – 18 tonnes, passage width – 3 m, width with extended supports – 5 m, clearance height – 4 m, range – 15 m). Otherwise, the crane must be provided by the Client. A person who is authorised to indicate the placement of the collector panels must be present during the installation. Upon award of the contract, the crane installation form must be signed and returned, otherwise it is not possible to adhere to the installation date. Attention! Installation with the assistance of the crane depends on the weather. This may result in a postponement of the installation date at short notice. Structural ancillary works such as excavation works, caulking and plastering must be performed by other contractors. The following applies to the support plate: The gravel required for statics purposes and the related works must be provided and performed by the Client during our installation works. Note! As of a drop height of 3 m, protective devices must be made available pursuant to Sections 7-10 and Sections 87-90 of the Building Regulation (BauV). If corresponding protective equipment is not already available on the installation site, GASOKOL shall charge the costs for the installation/dismantling of a safety scaffold to the Client. If works cannot be performed by the contractor on an agreed date due to a postponement without timely notice (five working days), the flat-rate fee applicable at the time will be invoiced. According to Section 19 (1a) of the Value Added Tax Act (UStG), the VAT is payable by the recipient of the services. List of approved subcontractors (HFU) (Employer) No. 5017 44 588.

6. Commissioning of Gasokol solar system/controller/boiler
Commissioning includes:
  • Review of the system data and of the heat transfer medium (only for commissioning of solar system)
  • Adjustment or optimisation of the solar controller from our range of products
  • Instruction of the end user or system operator
The all-inclusive prices apply subject to the following conditions:
  • The system is fully installed, filled and vented (solar, heating, sanitary)
  • Controllers, consumers and sensors are fully and properly electrically connected
The visit is made as part of the planned service visit. Unless the above conditions apply, we will charge our additional expenses according to time and materials.

7. Validity of offer/call-off orders
GASOKOL product range: Due to the current procurement and price situation in the commodities market, our offer is limited and is valid for eight weeks. For photovoltaic installations, the offer is valid for three weeks. Offers made in regard to public calls for tenders are binding for twelve weeks. Call-off orders may be submitted in advance for a maximum of two months. The order must be called off two weeks before the desired date of delivery! (For custom-made orders, e.g. gigaSol/special combinations, four weeks in advance!). For call-off orders, please be sure to specify the order confirmation (AB) no.!

8. Maintenance and service
Product-specific service agreements with corresponding terms are available for the maintenance and service of GASOKOL products.

9. Award of the contract
All items in the offer must be technically clarified before the award of the contract; this may result in changes to the offer.

10. Delivery period
see General Terms and Conditions (AGB)

11. Shipping
For delivery to private customers, it must be clarified before the award of the contract if delivery with our lorry (15 tonnes) is possible.

12. Custom-made products
see General Terms and Conditions (AGB)

13. Special terms and conditions for photovoltaic systems
ATTENTION: As grid operators assess the suitability of the meter box differently, additional costs may be incurred for the execution of the meter box according to standard (including intermediate counter fuse unit). The system must be connected to the network of the responsible distribution system operator by a qualified electrician (not included in the quote, unless specifically indicated). Earth works and caulking as well as façade breakthroughs are not included in the quoted price. External lightning protection and cable ducts must be provided by the Client. Please note that for safety reasons the photovoltaic system must be disconnected from the grid in the event of a power failure. Inform your insurance company about the construction of a photovoltaic system and discuss the changed insurance situation. We are not responsible for compliance with the relevant regulations and laws or with other applicable sets of rules. All static documentation must be provided by the Client. The layout with relevant unit numbers and cable lengths must be checked by the Client.

14. Installation, assembly and operating instructions
Please refer to the corresponding manuals.

15. Services
Prices for services are not subject to discounts; amounts are net and not eligible for discounts for early payment.

16. Special offers
Excluded from the return or exchange policy.

17. Review and signing of the order confirmation
see General Terms and Conditions (AGB)

18. Hired goods
For certain tools and welding machines a hire fee will be charged as indicated in the installation and service list. If the hired goods are damaged, or if any parts are missing upon return, the hired goods will be billed to the Client.

19. Special discounts
Please note that once a component from the package is returned, the entire special discount for comprehensive systems and sets is forfeited.

20. Returned goods
see General Terms and Conditions (AGB)

21. Warranty
see General Terms and Conditions (AGB)

22. Terms of guarantee
See the respective product descriptions for the applicable terms of guarantee.

Last updated: 31 January 2015



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