Terms and Conditions

1. Scope of application

These General Terms and Conditions (hereinafter “GTC”) apply to all present and future legal transactions between KMT Heiztechnik GmbH (hereinafter Contractor or KMT) and the customer (hereinafter Client) in Austria and other EU countries.

Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, even if known, unless KMT has expressly agreed to their validity in writing.

2. Offer, conclusion of contract and documents

Our offers are non-binding and subject to change. A contract is only concluded upon our written order confirmation or upon delivery.

Technical data, illustrations, drawings, weight and dimension specifications in catalogs, brochures or on the website are approximate only, unless expressly designated as binding. We reserve all ownership and copyright rights to all drawings, designs and other technical documents.

3. Prices and payment terms

All prices are subject to change and are quoted — unless stated otherwise — in euros, exclusive of statutory VAT, ex works (EXW Kronstorf pursuant to the Incoterms in their respective current version), excluding packaging, loading, transport and insurance.

Unless otherwise agreed in writing, the purchase price (invoice amount) is due net within 14 days of the invoice date. In the event of default in payment, the statutory default interest rate for business-to-business transactions applies (9.2% above the base rate).

4. Delivery, performance and deadlines

Delivery deadlines are non-binding unless expressly agreed as binding. The delivery period begins on the later of the following dates: (a) the date of the order confirmation, (b) the date on which all technical, commercial and other requirements incumbent on the buyer have been fulfilled.

Cases of force majeure, labor disputes, operational disruptions, material procurement difficulties or unforeseeable events release KMT from its delivery obligation for the duration of the disruption and to the extent of its impact.

5. Passing of risk and shipment

The risk of loss or damage to the goods passes to the client upon handover to the carrier, freight forwarder or other party or institution designated to carry out the shipment (EXW Kronstorf). This applies even if partial deliveries are made or we have taken on other services (e.g. shipping costs).

6. Retention of title

We reserve title to all delivered goods until full payment of all claims arising from the ongoing business relationship, including interest and incidental costs. The client is entitled to resell the reserved goods in the ordinary course of business. However, the client hereby already assigns to us all claims arising from such resale (extended retention of title).

7. Warranty

The statutory warranty provisions for businesses apply. The warranty period is 12 months from handover. The client must inspect the goods for defects immediately upon delivery and report any such defects in writing without delay, and in any case within 7 days.

If a defect exists, KMT has the right to choose between repair, replacement or a price reduction. Wear parts (in particular electric heating conductors subject to normal wear) are excluded from the warranty.

8. Liability and damages

KMT's liability for damages — regardless of the legal grounds — is limited to intent and gross negligence. Liability for slight negligence, consequential damages, financial losses, lost profits and damages arising from third-party claims is excluded to the extent permitted by law.

For products manufactured according to the customer's specifications, drawings or models, we assume no liability for the correctness of the design, but only that the execution corresponds to the customer's specifications.

9. Jurisdiction and governing law

For all disputes arising from or in connection with the contract, the court with subject-matter jurisdiction for 4484 Kronstorf (generally the Linz Regional Court) has exclusive jurisdiction.

Austrian law applies, excluding its conflict-of-laws rules (IPRG) and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10. Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the intended economic purpose.