Terms and Conditions – General Terms of Business

 

General

  1. All prices quoted for services, materials, spare parts and orders by SANCOR are carried out under the following conditions.
  2. Deliveries and services are provided exclusively on the basis of these General Terms and Conditions. Any general terms and conditions of the client shall only be binding for SANCOR if they are expressly accepted in writing.


Prices

  1. All prices quoted for services, materials, spare parts and installation components are based on the effort that can be determined during the site inspection. Difficulties or additional work that were not known or foreseeable at the time of the site inspection or quotation entitle SANCOR to claim additional costs corresponding to the extra work required. Extraordinary increases in raw material and energy prices may also be charged proportionally.
  2. The quoted prices apply only if the entire agreed scope of services is accepted. Partial services require a separate price agreement.
  3. Services requested by the client that are not included in the quotation or service description will only be carried out after prior agreement and written confirmation of the scope of work and remuneration.
  4. Work requested or required outside normal working hours, including overtime, night work, Sundays or public holidays, will be charged according to the applicable industry or collective agreement surcharges. Standard working hours: 07:00 – 12:00 / 13:00 – 17:00.


Payment Terms and Retention of Title

  1. Invoices are payable immediately upon receipt without deduction of any discount unless otherwise agreed in the quotation or contract.
  2. If the payment deadline is exceeded, SANCOR is entitled to charge default interest of 5% above the respective cantonal bank discount rate.
  3. SANCOR is not obliged to accept cheques or bills of exchange. Acceptance of cheques or bills of exchange is only on account of payment and not in settlement of the debt. They are considered payment only after full redemption. Discount and bill charges are borne by the client.
  4. The client is not entitled to withhold payments or offset claims unless such claims arise from the same contractual relationship and are undisputed or legally established.
  5. Delivered goods, materials as well as installation and/or spare parts remain the property of SANCOR until full payment has been received.

Release from Obligation to Perform / Force Majeure

  1. Force majeure, labour disputes, unrest, official measures and other unavoidable events beyond the control of SANCOR release the contracting parties from their obligations for the duration and scope of the disruption. This also applies if such events occur while one of the contracting parties is already in default.

Claims for Damages / Warranty

  1. If the client fails to fulfil the obligation to accept agreed services or withdraws from the contract without justification, SANCOR is entitled – without prejudice to claiming higher actual damages – to demand compensation amounting to 20% of the contract value as compensation for proven loss of work.
  2. If the agreed start date of the work is delayed due to circumstances beyond the control of SANCOR and no substitute order can be inserted, SANCOR is entitled to claim compensation corresponding to the proven loss of work.
  3. All warranty claims expire if individual parts are treated using a renovation method other than the SANCOR PROMOTEC system. This also applies to pipe systems without insurance coverage unless explicitly approved in writing by SANCOR.
  4. If the pipe system has previously been exposed to chemical treatment, limitations of warranty claims may apply in the event of damage.


Transfer of Risk

  1. The risk for delivered materials, spare parts and/or installation components passes to the client upon installation.

Installation / Execution of Work

  1. The client agrees that all persons authorised by SANCOR may enter or access the property, buildings, facilities and rooms/apartments with the necessary equipment, machinery and vehicles in order to perform the agreed work.
  2. The client shall provide alternating current (16A / 220V) free of charge for operating machines and equipment.
  3. The client must ensure that all connections, taps and pipe sections are accessible for the execution of the work. Delays caused by inaccessible areas entitle SANCOR to charge additional costs for the proven additional time required.
  4. If during the execution of the work it becomes apparent that essential conditions required for the renovation technique are missing and these were not detectable during the site inspection, partial or full conventional renovation may be necessary. Any additional time required shall be compensated after prior agreement with the client.


Notice of Defects and Warranty

  1. The client must inspect the received service immediately for obvious defects. Warranty claims must be reported to SANCOR in writing within one week.
  2. In the case of justified complaints, rectification or replacement delivery will be carried out. If rectification or replacement is not possible, the client is entitled to an appropriate reduction of the agreed service fee.
  3. SANCOR shall not be liable for leaks or damage caused by external corrosion or other improper external influences.
  4. The warranty period and scope of liability are determined – unless otherwise agreed in the quotation or contract – in accordance with the applicable statutory warranty provisions. Any further claims, in particular claims for consequential damages, are excluded unless they are based on intent or gross negligence.


Place of Performance and Jurisdiction

  1. The place of performance for payment obligations and the place of jurisdiction for all disputes arising from the business relationship is Ried im Innkreis, Austria.