1. General Provisions These General Terms and Conditions (GTC) apply to all informational offers of DHTECO GmbH, Neubaugasse 24/1, A-8020 Graz, Austria (hereinafter: “DHTECO”), on the website dhteco.com as well as for all invoices and offers of DHTECO GmbH. Deviating provisions of the user do not apply unless DHTECO has explicitly and in writing confirmed this.

2. Use of the Website 2.1. The contents of the website dhteco.com are for informational purposes only and do not constitute a binding offer. 2.2. DHTECO reserves the right to change or remove content on the website at any time.

3. Offers and Order Confirmations 3.1. Our offers are non-binding; interim sales and economically justified price increases are reserved. Documents belonging to the offer, such as illustrations, weights, and other dimensions, are only approximately authoritative unless explicitly designated by DHTECO as binding. We reserve the right to make changes.

3.2. Unless otherwise stated in the offer or cost estimate, the offer or cost estimate is valid for 30 days. DHTECO is not bound by obvious errors, spelling mistakes, and calculation errors. This particularly applies to errors in the service description of offers. All offer and project documents may not be duplicated or made accessible to third parties without DHTECO’s consent. They can be revoked at any time.

3.3. Subsequent changes and additions to this contract require written confirmation to be effective.

3.4. All orders and agreements, particularly those mediated by our representatives or other agents, only become effective upon our written confirmation. The entire content of our order confirmation is considered accepted if the buyer does not object to us within three days of receipt of the confirmation. The postal route is not included. Any change in the cost situation, especially raw materials, wages, etc., entitles us to adjust the prices without prior notice to the buyer.

4. Purchasing Conditions of the Buyer The buyer’s purchasing conditions are hereby contradicted. They do not obligate us.

5. Delivery 5.1. Unless expressly agreed otherwise, the following applies: Our prices are ex-works or warehouse and exclude packaging. Shipping of the goods by us is always at the buyer’s expense and risk. Unless the buyer explicitly requests a specific shipping method, we will choose the shipping method.

5.2. Our delivery times and dates in offers, order confirmations, contracts, and other communications are generally non-binding and without guarantee.

5.3. If we have expressly committed in writing to specific delivery periods and dates based on a special agreement, the following applies:

• Minor delivery delays, i.e., all delays of no more than 7 days, are always irrelevant and do not entitle the buyer to withdraw from the contract or to claim other consequences of delay (compensation, etc.).
• Claims for damages due to delayed delivery based on slight negligence on our part are entirely excluded.
• Claims for damages due to delayed delivery based on gross negligence on our part are limited to a maximum of 10% of the order value.

5.4. Delivery delays due to force majeure (e.g., natural disasters, strikes, sabotage, traffic disruptions, war, civil war, riots, revolution) do not entitle the buyer to any claims against us.

6. Warranty, Compensation 6.1. The buyer is obliged to inspect the goods immediately upon receipt. Any defects must be reported to us immediately, but no later than 5 working days after delivery, by email. The complaint protocol must clearly state the individual defects. Failure to, delayed, or improper notification of defects leads to the expiration of all warranty and compensation claims of the buyer from the respective delivery.

6.2. The prerequisite for the warranty is proper use, handling, sufficient protection against weather influences, and regular inspection of the device or product.

6.3. After a complaint, the buyer must cooperate in good faith in clarifying the cause of the defect and securing evidence. In particular, he must allow the persons commissioned by us to inspect the delivered goods. Violations of this cooperation obligation lead to the loss of all warranty and compensation claims of the buyer.

6.4. Replacing or repairing product parts does not extend the original warranty period.

6.5. All other warranty claims, particularly claims for direct or indirect damages, including third-party or consequential damages to other items, are excluded. Warranty for lost profits is not assured by the seller.

6.6. Excluded from the warranty are defects caused by arrangements and installations not carried out by the seller, inadequate equipment, non-compliance with installation instructions and operating conditions, overloading of parts beyond the specified performance by the seller, negligent or incorrect handling and use of unsuitable operating materials; this also applies to defects attributable to materials provided by the buyer. The seller is not liable for damages caused by third-party interventions, atmospheric discharges, overvoltages, and chemical influences. The warranty does not cover the replacement of parts subject to natural wear and tear.

6.7. The warranty immediately expires if the buyer or a third party not expressly authorized makes changes or repairs to the delivered items without the seller’s written consent; invoices for these will not be accepted.

6.8. Claims for damages by the buyer against us due to slight negligence are excluded. Claims for damages by the buyer against us due to gross negligence are limited to the value of the goods according to the invoice. Claims by the buyer for consequential damages and claims by the buyer for lost profits are excluded in any case. Claims for damages by the buyer against us expire one year from knowledge of the damage and the damaging party, but in any case, three years from delivery.

7. Payments, Default Interest, Set-off 7.1. Unless expressly agreed otherwise, all prices are in euros and apply ex warehouse or ex works (EXWORKS according to INCOTERMS 2020) and do not include transport and packaging costs. We are not obliged to take out transport insurance for the goods. VAT is always shown separately. If fees, taxes, or other charges are levied in connection with the delivery, these are to be borne by the buyer. Any transport insurance desired by the buyer will be charged separately but does not include unloading and carrying. We reserve the right to select or change the shipping method and the carrier for each individual case. Packaging material will only be taken back by prior agreement before order confirmation. In the event of changes in the legal basis for import duties (e.g., customs) between the order and delivery, DHTECO can make appropriate price adjustments.

7.2. If no payment terms are agreed, payments are made in advance or prepayment. Delivery of the goods takes place after receipt of the invoice amount. In the case of partial invoices, the corresponding partial payments are due upon receipt of the respective invoice. The seller retains ownership of all goods delivered by him until the invoice amounts, including interest and costs, have been fully paid.

7.3. In the case of special agreements, such as payment upon receipt of goods (cash on delivery), in case of payment default, or if DHTECO becomes aware of imminent bankruptcy, judicial or extrajudicial composition, pending enforcement proceedings, or because of bill protest, lawsuits, etc., there is uncertainty about the buyer’s financial situation. If there is uncertainty about the buyer’s financial circumstances, the purchase price is due immediately upon invoicing. DHTECO reserves the right, in case of payment default according to the agreed payment terms, to make all further not yet due invoices immediately payable and to settle all services provided up to that point. In the event of payment default, DHTECO is entitled to make further work dependent on partial payments. If the buyer defaults on payment of due invoices, we are entitled to make further deliveries and services to the buyer dependent on advance payments or the provision of securities or to completely cease further deliveries to the buyer. Granted discounts or bonuses depend on the timely receipt of full payment. The buyer is not entitled to withhold or set off payments due to warranty claims or other counterclaims. If the buyer does not accept the goods upon written request, the buyer is in default of acceptance. All additional costs (e.g., storage costs, price changes, etc.) will be charged if the buyer does not accept the goods. Set-off with counterclaims of the buyer is excluded unless the counterclaims have been expressly acknowledged by us or legally established.

8. Transfer of Risk 8.1. If the setup, installation, or assembly of the deliveries is carried out by the buyer, the risk passes to the buyer when the shipment is ready at the specified delivery location (factory, production site, warehouse, etc.) at the agreed time (EXWORKS according to INCOTERMS 2020). Shipping is done to the best of DHTECO’s discretion.

8.2. If shipping, delivery, the start or execution of the setup, installation, or assembly is delayed at the buyer’s request, the risk passes to the buyer. In these cases, appropriate insurance coverage is provided exclusively upon written request and at the buyer’s expense. If freight-free delivery is agreed, the risk passes to the buyer according to EXWORKS (according to INCOTERMS 2020).

9. Retention of Title 9.1. The delivered goods remain the property of DHTECO until fully paid. Pledging or transferring these goods to third parties is excluded without our consent. In case of third-party access, the buyer must notify us immediately. In the case of mixing or processing goods still owned by us, co-ownership arises, even in cases of § 416 ABGB, where we may choose to take over the goods against value compensation or transfer ownership to the buyer and assert a claim for damages.

9.2. In the event of resale of the goods delivered by us to third parties, the buyer hereby assigns to us all claims arising from the resale to third parties (“extended retention of title”). In the case of resale, the buyer undertakes either to record the assignment to us properly in his books (“book entry”) or to prove the assignment to the third-party debtor. Any assignment fees are borne by the buyer.

10. Commercial Practices In addition to these terms, the commercial practices established by the Austrian Chamber of Commerce apply. They and these General Terms and Conditions are part of every purchase contract concluded with us. In case of contradictions, our GTC take precedence over the commercial practices established by the Austrian Chamber of Commerce.

11. Written Form Requirement, Severability Clause Deviations from these GTC and other contractual content are only valid if agreed with us in writing. This also applies to deviations from this written form requirement. The invalidity of one or more provisions of these GTC or other contractual provisions does not affect the validity of the remaining provisions. Such invalid conditions are to be replaced by conditions that come as close as possible to the content of the invalid conditions.

12. Place of Performance, Jurisdiction, Applicable Law The place of performance for the services of both contractual parties is Graz. The court in Graz is responsible for all disputes arising from or in connection with our contractual relationship with the buyer. Regardless, we are entitled to appeal to any other legally prescribed court instead of the aforementioned court.

13. Validity of GTC for Invoices and Offers 13.1. The General Terms and Conditions (GTC) of DHTECO GmbH also apply to all invoices and offers issued by DHTECO GmbH. 13.2. By placing an order, the customer acknowledges the GTC published on the website dhteco.com. 13.3. All invoices and offers explicitly refer to the applicability of the GTC.

These General Terms and Conditions are valid from July 1, 2024.