Terms and conditions

Redwell Manufaktur GmbH TERMS & CONDITIONS

January 2020

1. General Conditions

These Terms and Conditions, in their valid version, apply to all current and all future agreements and contracts made with REDWELL. Terms and Conditions of our contractual partners are neither binding nor obligatory for REDWELL. Non-written agreements or additional agreements are only valid, if they are included in a written confirmation and accepted by REDWELL.

2. Contracts

2.1. All our sales offers are without engagement and are not binding. Each placed written order constitutes the acceptance of our offer and of the conditions therein. Orders are only binding after receipt of our written order confirmation or with the fulfillment of the order by REDWELL.
2.2. The cancellation of orders for goods or services requires a written agreement from REDWELL in order to take effect. In addition to the payment for goods and services which have been delivered or carried out, the contractual partner is obliged to compensate incurred expenses and to compensate REDWELL for the lost profit, a minimum of 15%of the order value.

3. Prices

3.1. Our prices are calculated on the basis of the date of the offer. Various cost increases affecting the price calculation (for example, rising material costs, personnel costs, changes to specifications, etc.) entitle REDWELL to raise prices accordingly.
3.2. Prices and delivery are „EX WORKS“ (INCOTERMS 2010, applicable in its valid version) not including loading charges, insurance and VAT.
3.3. The ex-works prices reflect the planned and achieved turnover. Adoptions can be made on the basis of the actual sales figures annually.
3.4. Partial shipments are acceptable. Payment for such shipments has to be remitted proportionately by the contractual partner.
3.5. Preliminary designs, drawings and new designs produced by REDWELL remain in the intellectual property of REDWELL and REDWELL has the copyrights. In the case of work guides and plans supplied to REDWELL the contractual partner is responsible for the legal accuracy thereof. REDWELL is not obliged to review or to verify submitted plans that they do not infringe upon existing commercial rights or other trademarks of third parties. The contractual partner agrees to indemnify and hold REDWELL harmless in respect of any or all legal actions and/or damages.

4. Payment

4.1. All payments from contractual partners are due immediately without deduction. Timely remittance is held when REDWELL has received the payment on or before the last day of the agreed timeframe. In the case of delayed payment all other outstanding invoices become due immediately. Furthermore, REDWELL reserves the right to stop further deliveries or services until payment is received. Besides REDWELL has the right to demand payment in advance for further orders or to request collateral, and/or to terminate the contract (whole/partial) after a short period of grace.
4.2. Payment default has been reached when one or more of the following has occurred: when bankruptcy proceedings against a contractual partner are imminent; when an extra-judicial settlement with a contractual partner is being sought; when other circumstances occur which cast doubt on the ability or willingness to pay on the part of the contractual partner, such as frequent legal proceedings or pending foreclosures.
4.3. An interest rate of 9,2% above the basic interest rate shall be charged for past due payments of our contractual partners. All charges for reminders, collections, inquiries, and asset transfers are to be reimbursed to REDWELL by the contractual partner. Interest charges won’t be granted for advance payments.
4.4. The contractual partner of our goods and services has no right to detain due payments. Furthermore, the contractual partner is not permitted to accumulate outstanding payments for REDWELL. In particular, the contractual partner may not delay or deny payment because of the notice of defects.

5. Defects / Complaints

5.1. Complaints or reports of defect goods have to be made immediately in written form and claimed elements or samples have to be sent back to REDWELL. Otherwise, the delivery of goods or fulfillment of services will be deemed to be in acceptable condition. Arbitrary changes or modifications of products by contractual partners or others result in a loss of all warranty claims.
5.2. In the case of valid claims, REDWELL is obligated, under exclusion of all further demands of the contractual partner, to offer either replacement or repair. REDWELL reserves the right to issue a credit for the goods or to offer a discount should replacement or repair be unreasonable or economically unacceptable. In each case of return or repair, the goods must be returned to REDWELL without delay and without freight charges. In case of product replacement or product repair the contractual partner is obligated to aid and assist in the handling and processing of the claim without charges to REDWELL. In case of product replacement or repair the warranty does not start again.
5.3. All valid product claims of the contractual partner against REDWELL are invalid as long as the contractual partner has not complied with his payment obligations (partial payment or past due payment).
5.4. All warranty claims require that the goods and/or accessories are used in an appropriate manner.
5.5. If a product or design is manufactured by REDWELL based on the construction plans, drawings or models supplied by the contractual partner, the liability of REDWELL is limited only to ensure that the finished product is in accordance with the provided guidelines. REDWELL reserves the right to make necessary technical changes or improvements without first consulting the contractual partner.

6. Extent of Liability

Our liability is limited to negligence on our part with exclusion of slight negligence. REDWELL will not be held liable for: lost profit, indirectly resulting consequential damages, especially those of disruption of business or production failures, costs of installation or de-installation, for damage to property in the care, custody or control of REDWELL, for defects in workmanship, and claims and liabilities sought by the customers of our contractual partners against REDWELL.

7. Conditional Sale

7.1. All goods delivered by REDWELL as well as installations carried out by REDWELL shall remain property of REDWELL until the invoiced amounts and any additional costs are completely paid by the contractual partner. In the case of installations carried out by REDWELL, this also extends to all items of installation which are not permanently installed to the site of installation. Non-permanent installed items are items which can be removed without leaving permanent damage. Cutting cables, mounting brackets, etc. does not constitute a damage of this type.
7.2. The pledging as collateral or transfer by way of security or similar use of conditional sales items is not permitted. Access by third parties must be reported to us immediately.
7.3. In the case of payment default as outlined in 4.3, REDWELL reserves the right to retrieve the items and installations which remain in our property and may, for this purpose, enter the premises in which the goods or installations are located and perform de-installations. Our right to claim damages due to non-performance remains intact.
7.4. The contractual partner must assign his claims to third parties to REDWELL, if these claims stem from sale or use of our goods, until the goods are fully paid by the contractual partner. The contractual partner is obligated to reveal his customers and to notify them of the assignation of goods to REDWELL in due time. The assignation must be noted clearly visible to the customer in the accounting records, especially in the outstanding items listing and on shipping documents, invoices, etc. If the contractual partner is in payment default, his incoming sales revenue is to be tracked separately and collection efforts for these goods will be carried out for REDWELL.

8. Product Liability

8.1. All products purchased from REDWELL can only meet those safety requirements as outlined in certification requirements, user manuals and other regulations.
8.2. The contractual partner resigns all claims against REDWELL for duty of replacement for damages occurring from product liability which he may suffer as a business men, as well as for any product liability claims due to other legal requirements. If the products are sold to another business partner, the contractual partner is obligated to transfer this waiver to the business partner and to obligate the business partner to effect this waiver to his business customers in turn.
8.3. REDWELL must be notified immediately and in written form regarding any claims of damage. If a product liability claim is filed against the contractual partner, the contractual partner agrees to free REDWELL from all legal recourse. The contractual partner explicitly excludes protection benefiting third parties.

9. Brand

Redwell is a worldwide secured brand and may only be used for the sale of Redwell products. The brand may only be used in intended image (prior written release).

10. Change of Address

The contractual partner is obligated to inform REDWELL about changes of his residential or business address, as long as transactions covered by this agreement have not been concluded to mutual satisfaction. If the contractual partner fails to provide a valid address, declarations are considered as valid if they have been sent to the last known address.

11. Data Protection

We always treat the personal data of the contracting party according to the applicable legal regulations. The personal data communicated by the partner (name, address, telephone, fax, e-mail, VAT No) are recorded electronically, stored and used for the purpose of contract execution, including credit checks, as well as to communicate advertising, market- and opinion research (f.ex. promotion and information mailings).
The partner has to inform his customers that we as the processor receive data and process them for the execution of the contract or forward them to sub-processors (freight forwarding, parcel service, tax accountant,...).

12. Place of Fulfillment, Jurisdiction, Legal Venue

12.1. The place of fulfillment is the domicile of our company. Austrian law is applicable. Jurisdiction is the court which is geographically and judicially responsible for the domicile of our company. REDWELL reserves the right to carry out judicial proceedings in a court having jurisdiction over the contractual partner.
12.2. If the contractual partner is not a business men in the legal sense of § 1 paragraph 1 number 1 of the Consumer Protection Law, BGBl. 140/1979, these terms and conditions are only valid as long as the regulations of this law remain unaffected by them.
12.3. The ineffectualness of individual portions of these Terms and Conditions has no impact on the validity of the remaining stipulations.

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