Terms of delivery and commercial conditions

General Terms and Conditions of Delivery and Payment – Maxima WarenhandelsgmbH General Terms and Conditions of Delivery and Payment of Maxima WarenhandelsgmbH Graz, As of: October 2026 (Original: 01.01.2005) A. Website Terms of Use & Notices By ordering goods or services, you acknowledge and accept the following General Terms and Conditions of Maxima WarenhandelsgmbH, which serve as the basis for all business transactions. Maxima WarenhandelsgmbH compiles information and offers to the best of its knowledge and belief, but reserves the right to errors, pricing errors, typographical errors, and changes without prior notice. It assumes no liability or warranty whatsoever for damages, consequential damages, lost profits, or data loss arising in connection with the use of this information. The General Terms and Conditions of Maxima WarenhandelsgmbH apply in their respective valid version. Offers and promotional campaigns are valid while supplies last. We reserve the right to change or terminate these at any time, even without prior notice. Attention: All prices are to be understood as daily prices. All personal information obtained by Maxima WarenhandelsgmbH in the course of processing orders, service requests, general inquiries, etc., will be treated strictly confidentially and used exclusively for processing purposes. The copyright for texts, photos, etc., rests with Maxima WarenhandelsgmbH, unless otherwise stated. Modifications and reproduction are only permitted with express consent. All software delivered or provided via download or email is the protected property of Maxima WarenhandelsgmbH or the respective manufacturer or supplier. Copying this software—except for your own data backup—is strictly prohibited. The buyer does not acquire ownership of the software, but exclusively the rights of use for the period specified in the purchase contract. 1. Scope These General Terms and Conditions (hereinafter referred to as GTC) of Maxima WarenhandelsgmbH (hereinafter referred to as Maxima) apply as the basis for all current and future deliveries and services. Deviating regulations do not bind Maxima, even if they are not expressly contradicted. This applies even if these deviating conditions state their own validity as an explicit condition, unless their validity has been expressly agreed upon in writing in advance. 2. Offers and Conclusion of Contract All offers created by Maxima are, unless stated otherwise in writing, always non-binding and without obligation. The information provided in advertising media is always non-binding and subject to errors, changes, and printing mistakes. The contract is concluded upon delivery of the goods or a written confirmation. Subsidiary agreements (e.g., trial purchases) only become valid through written confirmation. Specifications regarding technical data are also only binding with express written confirmation for the respective transaction. Minor deviations from product specifications are considered approved, provided they are reasonable for the contracting party. The written form is expressly agreed for the contractual relationship; oral subsidiary agreements do not exist. Silence on the part of Maxima never constitutes consent or acceptance, even in an ongoing business relationship. 3. Delivery The method of shipment and means of transport may be freely chosen by Maxima. The customer is obliged to accept partial deliveries and the corresponding partial invoices at any time. All deliveries are made at the expense and risk of the buyer. Transport damages and shortages must be reported in writing to Maxima immediately, but no later than the first working day after receipt of the goods, otherwise any claims are excluded. Recognizable transport damages (such as a damaged carton) must be detailed on the forwarding agent's delivery receipt, otherwise all claims will be lost. The note "Accepted with reservation" is not sufficient! Announced delivery dates are—with the exception of fixed date transactions—estimated to the best of our knowledge and do not entitle the customer to claim damages. The contracting party cannot demand damages for non-performance even after a reasonable grace period has expired, unless the delay is due to intent or gross negligence. In this case, it is assumed that the delay occurred without fault on the part of Maxima. Cases of force majeure relieve Maxima from the delivery obligation. The same applies to all unforeseen disruptions and difficulties in delivery capability over which Maxima has no influence, of whatever kind (shortage of raw materials, official measures, etc.). In particular, this includes the total or partial failure of deliveries from an existing source of supply or one prospected by Maxima. In such cases, Maxima has no obligation to purchase the contractual goods from another source. 4. Default of Acceptance If the customer does not accept the goods, Maxima is entitled, after setting a reasonable grace period, to either withdraw from the contract or demand the purchase price and damages for non-performance. Maxima reserves the right to charge customary fees for the storage of goods or the reversal of the transaction in the event of non-acceptance. 5. Prices The respectively valid daily prices are calculated. A change in foreign currency exchange rates to the detriment of Maxima between the conclusion of the contract and delivery entitles Maxima to make a corresponding price adjustment. Maxima is also entitled to demand prepayment and deposits. 6. Payment The purchase price is to be paid in advance, upon acceptance (cash on delivery), or at the latest by the date specified on the invoice. If this deadline is exceeded, Maxima is entitled to charge default interest at the rate of customary bank overdraft facilities. In the event of default in payment, the customer is obliged to reimburse all costs incurred by Maxima through collection agencies or law firms. If the financial situation or creditworthiness of a customer deteriorates, or if they default on payment, Maxima is entitled to declare all outstanding claims—including bills of exchange or debts with a later due date—immediately payable and to withdraw from not yet or only partially fulfilled contracts or continuing obligations with immediate effect. Furthermore, in this case, Maxima is entitled to demand the return of all not fully paid goods, whereby any retention rights of the customer are excluded. For the reversal, a lump-sum compensation amount of at least 50% of the purchase price can be claimed without separate proof. The customer is not entitled to offset their own claims against claims of Maxima. 7. Retention of Title Goods handed over to the customer remain the property of Maxima until all claims, the associated interest, and the costs associated with enforcement have been paid in full. This also applies to claims, interest, and ancillary costs from previous transactions. The assertion of the retention of title does not constitute a withdrawal from the contract and does not nullify any obligations of the customer (especially the payment of the purchase price). During the existence of the retention of title, a sale, processing, pledging, transfer by way of security, or other disposal of the purchased goods to third parties is generally not permitted. If a sale is nevertheless made to a third party without forwarding the retention of title, the purchase price to be paid is deemed assigned to Maxima at the time of the sale (security assignment / extended retention of title). The buyer commits to keeping this revenue separately and transferring it immediately to Maxima. Furthermore, the buyer must sufficiently insure goods owned by Maxima against loss or damage at their own expense. Should such goods be pledged or confiscated, the customer commits to notifying Maxima in writing within three days and providing all information necessary to enforce the property right. The buyer bears the costs for enforcing these rights. This also applies to all other events that impair the retention of title. 8. Warranty and Liability Maxima guarantees, from the time of handover for the period specified in the order confirmation, that the delivered devices exhibit the agreed properties if any operating and maintenance instructions are followed and if they are stored and used under standard commercial and customary conditions. This period is neither extended nor interrupted by rectifications, attempts at rectification, or the addition of missing items. After this period has expired, the assertion of warranty claims—even for hidden defects—is excluded in any case. The inspection and notification duties for entrepreneurs according to Section 377 of the UGB (Austrian Enterprise Code) remain unaffected. Regarding pixel errors in LCD screens, Class II of the ISO standard 13406-2 applies as the agreed quality standard, unless deviating technical properties were offered or agreed upon in writing at the time the contract was concluded. Buyers are obliged to inspect the delivered goods immediately and to assert defects in writing no later than the eighth day after receipt of the goods, otherwise claims are excluded. However, this deadline does not apply to transport damages and shortages! A notice of defect does not entitle the buyer to withhold outstanding invoice amounts. If the notice of defect is justified, Maxima is free to fulfill the customer's warranty claims through rectification, addition of missing parts, or price reduction. Maxima can freely choose the location for the rectification work. To carry out the defect remediation, the customer must return the goods to Maxima carriage paid upon request. Defect remediation by a third-party company is only permissible if Maxima wrongly and expressly refuses to remedy the defect despite the setting of a reasonable grace period. The customer does not have the right to choose between price reduction and improvement (repair, replacement, etc.). Other and further warranty claims do not exist. All claims for damages and avoidance on the grounds of mistake as well as any liability for consequential damages caused by a defect are excluded. Damages caused by improper handling, wear and tear, unusual external influences (moisture, heat, cold, direct or indirect lightning strike), modifications or repair attempts by the customer or third parties, the use of incorrect software, or operation with devices for which Maxima has not provided written guarantee of compatibility, are expressly excluded from any warranty, guarantee, and/or compensation for damages. Maxima assumes no liability for data loss or lost profits of the customer. Maxima also assumes no warranty regarding the compatibility of delivered goods with other hardware and software products. Furthermore, Maxima has no duty to warn or educate, thereby excluding any liability. An obligation to pay compensation under the Product Liability Act (PHG) or product liability claims derived from other provisions for property damage to items used in the business of enterprises are excluded without exception, as is the case for consequential damages caused by defects. Entrepreneurs commit to passing on the exclusion of liability for entrepreneurial property damage under the PHG to their customers when reselling the goods. If such an obligation is not passed on, the customer commits to indemnifying and holding Maxima harmless and replacing all costs in connection with a liability claim. Should the customer themselves be held liable under the PHG, they expressly waive any recourse claims against Maxima. 9. Guarantee and Repairs Services beyond the warranty provided within the framework of a manufacturer's guarantee, such as pick-up or on-site service, require a separate written agreement. If a cost estimate is requested before repairs are carried out, the costs for generating it must be paid by the customer. Repaired devices will only be handed over against cash payment (cash on delivery). Generally, there is no claim to guarantee services by Maxima for: products from which serial number stickers or type plates have been removed; software and drivers from third parties; pixel errors on LCD and notebook screens within the agreed error class; signs of wear on data carriers, LCD backlights, or picture tubes; devices with removed or broken warranty seals; cosmetic damages; and any damages caused by external influences, operating errors, viruses, or the like. 10. Right of Return All delivered products are custom-made, and a right of return is therefore excluded. 11. Re-export of Products If goods are exported, the customer is in any case obliged to take care of any export licenses, customs documents, etc., on their own responsibility and at their own expense. The customer is further obliged to return all export and customs documents to Maxima, otherwise they are liable to pay any incurred value-added tax claims. Any customer who exports products, technologies, or technical data—especially devices, also in processed, treated, or dismantled form—commits to complying with the applicable laws and regulations and to obtaining the necessary export or import permits at their own expense. This obligation must be passed on to every domestic buyer with the provision to further pass it on to any subsequent domestic buyers. 12. Data Protection The buyer expressly agrees that their company or personal data necessary for the legal transaction will be recorded and processed electronically. Maxima will observe all statutory data protection regulations (especially the requirements of the GDPR) and the customer's express wish not to use the data for direct marketing in this regard. 13. Jurisdiction, Place of Performance, and Applicable Law The exclusive place of performance of the purchase contract is Graz. The objectively competent court in Graz is exclusively agreed upon as the place of jurisdiction for all disputes. Maxima is, however, entitled to bring actions before other courts as well. In deviation from this, for consumers, the mandatory consumer protection provisions at their place of residence apply, and the court at their place of residence is agreed to have subject-matter and local jurisdiction. Austrian law applies exclusively to all business transactions, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Should a provision of these GTC be invalid or ineffective—for example, within the framework of other agreements—the validity of all other agreements will not be affected. The contracting parties are then obliged to agree on a new provision that comes closest to the economic purpose of the ineffective provision (Severability clause). 14. Acknowledgment and Amendment of the GTC Maxima is entitled to adjust the present General Terms and Conditions at any time.