§ 1 Validity

The business relationship between roger's Systems & Services GmbH or. der roger´s international s.r.o. (hereinafter referred to briefly roger's) and a customer shall apply to all future transactions, the following general terms and conditions at the time the order is placed.

roger´s does not accept differing conditions on the part of the customer, unless roger´s has given its express written agreement to their validity.

§ 2 Conclusion of contracts / Prices / Ordering conditions of sale

The roger's committed to the orders of the customer to accept the terms and fulfill orders.

Subject to right of withdrawal in the case of error, typo and printing errors or miscalculation.

Additional agreements must be in written form to become valid.

In interest of buying, we send you the current list prices, as well as delivery and payment.

The Austrian VAT is not included in the current list prices and charged separately to Austrian  und EU costumers.

Commercial customers with a valid VAT registration number, and customers outside the EU area, will be charged with no Austrian VAT.

§ 3 Delivery and service conditions

Unless otherwise agreed, delivery shall be made ex warehouse Vienna (Austria) to the delivery address specified by the Customer.

Delivery shall be carried out by the Austrian post and its partners, as instructed by roger´s.

Partial deliveries may be allowed, within reasonable limits.

All risks shall be the responsibility of the Customer as soon as the delivery leaves roger's premises, even if the order is being carried out in partial deliveries.

Once the order has gone in, roger´s goods are generally immediately available. Delivery periods are however dependent on pre-delivery, the state of the order and production factors and are thus not binding, unless definite agreement was given to a particular delivery deadline.

No claim for compensation of delayed delivery can be made against roger´s, unless a certain delivery date has been definitely agreed to and not met.

 

§ 4 Conditions of payment

The calculations are made in accordance with the roger's arrangements for payment.

A condition of settlement shall be cash on delivery (COD).

The Customer shall not be entitled to offset charges unless his counterclaims have been recognized as legally valid or have been ceded by roger´s.

 

§ 5 Shipping

For shipping roger's charged the customer with shipping costs and any delivery fees at the respective rates applicable

on the austrian post or UPS

The delivered goods until full payment of the property of roger´s.

 

§ 6 Warranty/liability obligations

In principle roger´s is bound by guarantee obligations in respect of the Customer in accordance with the law.

Nevertheless, the party that took receipt of the goods is obliged to make a written complaint within ten days of receipt of the goods, specifying and demonstrating the defect, so that if roger´s agrees that there is a defect, roger's shall as it chooses be able either to put the defect right or make a replacement delivery.

If there is, for reasons for which roger´s is responsible, an unreasonable delay in the correcting of the defect or in a replacement delivery, or if the correction of the defect or replacement is otherwise not successfully carried out, then the Customer is entitled, as he chooses, either to withdraw from the contract or to demand a corresponding reduction in the purchase price.

If nothing further transpires, further claims on the part of the Customer — for whatever reason — are excluded. Roger's shall thus not be liable for damages which have not come into being on the object delivered (rather, for instance, as a result of it being used); roger´s shall in particular not be liable for lost profits or for sundry other financial losses sustained, being sustained, or to be sustained by the Customer as a result of a defect in wares delivered by roger´s.

Insofar as roger's is excluded from or limited in liability, then this shall also apply for the personal liability of its employees, representatives or those assisting in the fulfilment of the company's duties.

The above limitations in liability shall not be valid if the origin of the damage is an intentional act or culpable negligence on the part of roger´s. Nor shall they be valid if the Customer can prove claims in accordance with the Product Liability Law, or on grounds of the absence of a quality assured, or compensation claims for non-fulfilment.

The same applies in the case of insolvency at the outset, or justifiable impossibility.

In the event of roger´s failing, through negligence or deliberate fault, to fulfil an obligation essential to the contract, then the obligation to compensate damages to persons or property shall be limited to the damages typically arising from the respective case.

The guarantee shall last 24 months, from the time the Customer takes responsibility for risks. This is a limitation period and also applies to claims for compensation for damages resulting from defects, insofar as no claims can be proved founded on prohibited acts.

 § 7 Data protection

Necessary for the business transaction the context of order processing will be stored electronically used within the company roger´s.

The data is not shared with other companies.

All data will be kept confidential.

 

§ 8 Applicable law and jurisdiction

Austrian law is valid.

The exclusive jurisdiction for all claims in connection with the business relationship is Vienna.

roger's is also entitled to the general jurisdiction of the Complaining customers.