Terms and Conditions

Faber GmbH
Carlbergergasse 66A
1230 Vienna
Tel.: +43 1 867 36 36 - 290

(hereinafter referred to as FABER)

1. General

1.1. The following General Terms and Conditions of FABER apply to all business transactions with FABER, provided that the customer is an entrepreneur or a legal entity under public law.

1.2. Any terms and conditions of the customer that deviate from these shall not become part of the contract unless expressly acknowledged by FABER. The performance of deliveries and services shall not constitute acceptance of the customer’s terms and conditions.

1.3. All agreements – including delivery periods and delivery dates – as well as ancillary agreements, reservations, amendments and supplements must be made in writing. Any deviation from this requirement must also be made in writing.

1.4. Unless expressly agreed otherwise, information regarding delivery periods and delivery dates is non-binding.

1.5. As delivery deadlines to end customers are defined by the customer, the customer undertakes to bear the consequences of price fluctuations.

1.6. Design and form changes, deviations in colour shade as well as changes to the scope of delivery by the manufacturer remain reserved during the delivery period, provided that the object of purchase is not materially altered and the changes are reasonable for the customer.

1.7. Events of force majeure entitle FABER to postpone delivery for the duration of the impediment. Force majeure shall be deemed equivalent to all circumstances that significantly impede or render delivery by FABER impossible.

1.8. Liability of FABER is excluded insofar as only slight negligence is present.

1.9. The conditions applicable to the individual FABER product groups are communicated to the customer annually and may also be amended by FABER during the year. They shall be deemed agreed if not objected to by the customer within 14 days of notification.

2. Orders

2.1. If the customer has been granted access to FABER’s telecommunication ordering system, orders, acceptance of contracts including any possible amendments and/or supplements must be placed via this system.

2.2. The customer is bound to their purchase offer for a period of three weeks.

2.3. The contract is concluded when FABER has expressly confirmed acceptance of the order within the binding period or has carried out delivery or performance. A delivery confirmation is always subject to correct and timely delivery to FABER by the manufacturer.

2.4. FABER is entitled to stipulate minimum order quantities and to carry out partial deliveries.

3. Prices

3.1. FABER sets end consumer price lists and transmits them to the customer. These contain non-binding recommended maximum prices.

3.2. Purchase prices are net prices in euros ex FABER warehouse, excluding costs for standard commercial packaging, transport and other ancillary costs, plus VAT at the statutory rate applicable on the day of delivery.

3.3. A percentage is deducted from the above end consumer price as a stated margin in accordance with the FABER discount scale valid on the day of invoicing.

3.4. FABER is entitled, where objectively justified, to reduce the extent of the deduction vis-à-vis the customer.

3.5. Changes to prices or other conditions will be communicated in writing. If no objection is raised within eight working days from the date of the order confirmation, the customer’s consent to the price change shall be deemed legally binding and delivery shall be made at that price. If more than four months elapse between acceptance of the order and the agreed delivery date, FABER shall also be entitled, after conclusion of the contract, to reasonably adjust prices in the event of wage or material price increases.

4. Acceptance

4.1. The customer is obliged to accept the object of purchase within eight days of receipt of the notification of readiness or to issue a shipping order. Transport damage must be handled directly by the customer with the transport insurance company. FABER is entitled to charge flat-rate freight costs to cover transport expenses.

4.2. In the event of default of acceptance, all risks of loss or damage to the object of purchase as well as the obligation to bear the costs caused by the object of purchase shall pass from FABER to the customer. Liquidated damages amount to 15% of the purchase price. Proof of higher or lower damages remains reserved.

4.3. Unless otherwise agreed, FABER shall be free to choose the means of transport and transport route for dispatch. FABER shall only be liable for incorrect selection in accordance with Clause 1.8.

4.4. Each shipment must be inspected by the customer upon receipt. Complaints regarding defects must be submitted immediately and in writing, stating the delivery note number. In the case of obvious defects upon acceptance, or hidden defects within five days of their discovery.

5. Liability for Defects

5.1. For the sale of newly manufactured vehicles by FABER to the customer, the statutory limitation period shall apply.

5.2. For new and replacement parts as well as replacement units and accessories, FABER warrants that they are free from defects in material and workmanship in accordance with the respective state of the art.

5.3. The sale of used goods takes place with the exclusion of any warranty.

5.4. Deviating from statutory provisions, the warranty period for newly manufactured vehicles is one year, calculated from the commencement of the statutory limitation period.

5.5. The warranty period for spare parts and accessories ends six months after installation in a vehicle, unless FABER has expressly granted an extended warranty period in writing. Any further warranty claims against the manufacturer remain unaffected.

5.6. For defects duly notified within the warranty period, FABER shall provide warranty exclusively at its discretion by repairing the goods at the FABER warehouse or by delivering defect-free replacement goods.

5.7. The warranty shall lapse in the event of natural wear and tear, damage caused by fault of the customer or a third party, as well as if the goods complained of have been modified or otherwise processed.

5.8. Warranty shall generally only be provided to the extent that FABER itself can assert claims against the supplying factory in the respective case.

5.9. All claims for damages by the customer in connection with the delivery of defective goods as well as any claim for reimbursement of expenses pursuant to Section 1041 of the Austrian Civil Code (ABGB) shall become time-barred upon expiry of the above limitation periods applicable to claims for defects.

5.10. The customer is obliged to notify FABER immediately and in writing of any damages for which FABER is liable and, if necessary, to have them recorded by a representative appointed by FABER.

6. Retention of Title

6.1. All delivered goods remain the property of FABER until full payment, including ancillary claims, has been made.

6.2. It is expressly agreed that the retention of title shall remain in effect as long as any claim of FABER against the customer, including those arising at a later date, remains outstanding. This must be noted in the customer’s books.

6.3. Pledging of the goods is prohibited for the duration of the retention of title.

6.4. As long as the customer is not in default of payment, they are entitled to resell the goods subject to retention of title in the ordinary course of business under their normal business terms, provided that the claims arising from the resale are simultaneously assigned to FABER.

6.5. If goods subject to retention of title are claimed by third parties, in particular by way of enforcement or seizure, the customer must immediately point out FABER’s ownership rights and inform FABER thereof.

6.6. If the customer is in default of payment for more than two weeks, FABER may demand the return of the goods subject to retention of title and collect the claims assigned to FABER under the retention of title.

7. Payments

7.1. All deliveries and services by FABER are generally due for payment immediately upon invoicing. Invoicing takes place on the day of dispatch from the respective warehouse. Deviating payment terms may be agreed separately.

7.2. The customer shall arrange a direct debit mandate for the processing of payments. For this purpose, the customer must issue a general instruction to their bank to honour direct debits submitted by FABER. A duplicate of this direct debit mandate, including the corresponding consent of the bank, must be provided to FABER.

7.3. The customer undertakes to manage their financial arrangements in such a way that invoice debits can be honoured on the due date. A fee of EUR 15.00 will be charged for each returned direct debit.

7.4. If direct debits are not honoured for reasons attributable to the customer, FABER is entitled to immediately suspend further deliveries or make them dependent on advance payment.

7.5. In the event of default of payment, FABER is entitled to charge default interest in accordance with Section 1333 ABGB. This will be invoiced separately after full payment of the invoice and collected from the customer’s account by direct debit.

7.6. FABER is entitled at any time, without prior notice, to withdraw from the purchase contract if circumstances justify the assumption that the DEALER will not be able to fulfil their payment obligations, for example in the event of enforcement, composition or insolvency proceedings against the customer. Goods delivered by FABER to the customer must be insured against all customary risks at the expense of the DEALER until full payment of the invoice and must be kept in as-new condition until then. This right of withdrawal also exists if such circumstances already existed at the time the purchase contract was concluded but were not known to FABER.

7.7. If there is good cause, in particular if FABER’s claim to the purchase price is jeopardised due to insufficient performance capability of the customer, FABER is entitled to declare all claims arising from the business relationship immediately due and payable with a notice period of eight days. Immediate maturity without notice shall occur if the customer ceases payments or if an application for the opening of insolvency proceedings is filed against the customer’s assets.

7.8. The DEALER’s right of set-off or retention is excluded, except with undisputed or legally established claims.

7.9. The following payment options are available: SEPA direct debit, credit card (VISA, Mastercard and Maestro), instant bank transfer (Klarna) or advance payment (only possible in exceptional cases by personal arrangement in accordance with risk management).

8. Miscellaneous Provisions

8.1. The place of performance for all deliveries and other services of FABER is Vienna for both parties.

8.2. Exclusive jurisdiction for any legal disputes shall be the competent Commercial Court in Vienna.

8.3. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Delivery is made only within Austria, the Czech Republic and Slovakia. For orders from other EU countries, please contact us by email.

8.4. The dealer is obliged, when supplying an electrical or electronic device to consumers, to take back and dispose of an electrical and electronic waste device of the same type free of charge. At a later point in time, consumers may send electrical and electronic devices of the same type to the dealer. The costs of shipment shall be borne by the consumers. In both cases, we kindly ask you to contact us in advance to agree on the further procedure. Irrespective of disposal by our partners, consumers may dispose of their electrical and electronic devices or device batteries free of charge at municipal collection points or collection points operated by manufacturers of electrical and electronic devices or device batteries. A list of collection points and their opening hours can be found at www.elektro-ade.at.

8.5. The contractual, ordering and business language is German.

8.6. FABER is entitled to store data relating to the customer electronically and to process and use it for operational purposes.

8.7. These General Terms and Conditions shall enter into force as of 1 January 2012 and shall remain valid until new terms and conditions are published.

As of July 2021 – Faber GmbH