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- General Provisions & Scope
1.1 These General Terms and Conditions (GTC) of ACCUPOWER Forschungs-, Entwicklungs- und Vertriebsgesellschaft mbH (hereinafter referred to as “ACCUPOWER”) apply exclusively to deliveries and services provided to businesses and individuals acting in the exercise of a commercial activity (“Customer”).
1.2 These GTC do not apply to private individuals or companies placing orders via our online shops.
1.3 All deliveries and services are carried out solely on the basis of these GTC. Other terms and conditions, particularly the customer’s own GTC, are hereby expressly excluded. Deviating or supplementary terms are valid only if explicitly confirmed by ACCUPOWER in writing.
1.4 Oral agreements are not recognized and are only valid upon explicit written confirmation by ACCUPOWER.
- Offer, Conclusion of Contract, and Delivery
2.1 Our offers are non-binding and subject to change without notice. Orders become binding only upon written confirmation by ACCUPOWER, for example by means of an order confirmation.
2.2 Any discrepancies between our order confirmation and a prior offer must be objected to by the customer immediately upon receipt. Otherwise, the contents of the order confirmation shall be deemed binding.
2.3 Deliveries or partial deliveries are made “EXW Graz” (Incoterms in their latest version) unless otherwise agreed in writing and confirmed in our order confirmation. Risk passes to the customer as soon as the goods leave our warehouse.
2.4 Partial deliveries and invoicing thereof are permitted.
- Delivery Times
3.1 Delivery dates stated in offers or order confirmations are non-binding unless explicitly agreed otherwise in writing.
3.2 Even explicitly agreed delivery dates shall be extended appropriately in the event of unforeseen circumstances beyond our control (e.g., strikes, transportation issues, official measures, delays by our suppliers).
- Framework Agreements
4.1 A framework agreement is a contract between two parties that defines general terms and conditions for recurring business transactions. Unlike individual orders, it serves as a basis for multiple call-off orders during the contract period, improving efficiency, planning reliability, and price stability.
4.2 The framework agreement becomes effective upon written confirmation by ACCUPOWER and is valid for one year (12 months), unless otherwise agreed in writing. It terminates automatically after one year without the need for cancellation unless an extension is agreed upon in writing. We recommend renewing the agreement after 10 months to ensure continued delivery and pricing security.
4.3 Product Call-Offs: During the contract period, the customer may call off products in accordance with agreed delivery dates, specifications, and quantities. Orders must be submitted in writing to info@accupower.at. ACCUPOWER will confirm the order in writing. A call-off order becomes binding upon confirmation.
4.4 Remaining Quantities: If products remain uncalled at the end of the contract term, ACCUPOWER will issue a written reminder. The customer must agree on a delivery date within 14 days. If no date is agreed within this period, ACCUPOWER reserves the right to invoice the remaining quantities under the agreed payment terms. After payment, the goods must be collected from our warehouse immediately, and no later than within three months. No further guarantee can be given after this period unless a service contract is concluded.
- Defects, Warranty – Liability / Disclaimer
5.1 Our technical advice is based on long-standing experience and extensive research and testing. However, it is non-binding and does not constitute a guarantee of properties. Information from drawings, datasheets, and samples is for reference only and may change without notice. Customers must test our products and solutions for suitability for their specific purposes.
5.2 The customer must inspect goods immediately upon receipt for visible defects or incorrect deliveries and report them to ACCUPOWER in writing within 7 days.
5.3 The warranty period is six months. Exceptions include energy storage devices (e.g., accumulators, batteries), consumables, and wear parts, for which no warranty is granted unless the defect existed at the time of risk transfer.
5.4 Warranty does not cover damage resulting from normal wear and tear, improper handling, unsuitable operating conditions, excessive strain, non-compliant treatment, or incorrect storage.
5.5 Any warranty claims become void if the customer or any third party not expressly authorized by us in writing makes changes or repairs to the delivered goods. We do not recognize invoices for such services.
5.6 The burden of proof lies with the customer. The customer must provide all documents and data required for evaluating the defect and ensure we can inspect the defect (e.g., by returning the goods). All related costs shall be borne by the customer.
5.7 We reserve the right to repair or replace defective parts after inspection. The warranty period is not extended by the correction of defects.
5.8 Further claims, particularly claims for damages or consequential damages of any kind, are expressly excluded unless caused by our intent or gross negligence.
- Prices & Payment Terms
6.1 All business transactions are subject to the prices and conditions stated in our order confirmation.
6.2 We reserve the right to adjust prices if the ordered quantity differs from the original offer.
6.3 Partial invoices for partial deliveries are considered agreed. For goods ordered on call-off, the invoice becomes due on the agreed call-off date unless already invoiced.
6.4 In case of late payment, we reserve the right to charge reminder fees, legal fees, and interest on arrears at 1.25% per month on the outstanding invoice amount.
6.5 If the customer’s financial situation changes in a way that casts doubt on their ability to fulfill payment obligations, we may require advance payment, cash payment, or acceptable security before delivering goods – or refuse delivery altogether. If the customer fails to pay within a reasonable period, we may withdraw from the contract and claim damages for non-performance.
- Retention of Title
7.1 The goods remain our property until full payment of the purchase price and all associated costs and charges. In case of delayed payment, even partially, we may reclaim the goods without the customer’s consent.
- Intellectual Property Rights
8.1 All drawings, designs, technical documents, images, samples, etc., created or provided by us remain our intellectual property and are subject to applicable laws regarding imitation, reproduction, and competition.
8.2 If a product is manufactured based on specifications, drawings, models, or other instructions from the customer, it is the customer’s responsibility to ensure that no third-party rights are infringed. The customer shall indemnify and hold us harmless from any claims relating to such infringements.
- Place of Performance – Jurisdiction – Applicable Law
9.1 Place of jurisdiction: City of Graz, Republic of Austria
9.2 Exclusive local jurisdiction: Regional Court for Civil Matters, Graz
9.3 Austrian law shall apply exclusively to all contractual relationships.
- Data Protection Notice
10.1 In the course of using our website, submitting an inquiry, placing an order, or contacting us, we process personal data for internal business purposes in accordance with data protection laws. The protection of your data is of great importance to us.
Detailed information on data processing and privacy can be found in our Privacy Policy (available in its current version on our website under “Privacy Policy”).