GENERAL TERMS AND CONDITIONS OF AWService GmbH – As of January 2023

By using our website, you acknowledge the validity of our General Terms and Conditions of Sale, Delivery and Installation (terms and conditions). We operate our website with the utmost possible care. However, we do not assume any warranty that the information contained therein is free of errors and complete. Nor are we liable for stored data being preserved under all circumstances or for transmitted data being processed. We are entitled to change the content of our website, in particular the goods, services, delivery times and prices offered, at any time without prior notice. Should information on our website be out of date, we assume no responsibility for this. A consumer is anyone who concludes the contract for a purpose that cannot be attributed to a commercial or self-employed activity.

1. General Scope 1.1. The following General Terms and Conditions apply to all business relationships between AWService GmbH and the customer, who may be either a consumer or an entrepreneur. The version of the AGB (General Terms and Conditions) that is valid at the time of conclusion of the contract is decisive. 1.2. Consumers are consumers within the meaning of the Consumer Protection Act and therefore natural or legal persons who are not entrepreneurs. 1.3. Our offers are non-binding and subject to change with regard to price, quantity, delivery period and delivery possibility. Technical and other changes remain reserved within reasonable limits. 1.4. Documents, illustrations, drawings as well as weight and dimension specifications, etc. are only approximate values and are therefore generally non-binding. 1.5. The contract is deemed concluded when 1.5.1. AWService GmbH confirms an oral or written order of the contracting partner (hereinafter referred to as VP or customer) in writing, or 1.5.2. AWService GmbH executes an order, or 1.5.3. A contracting partner accepts a written offer from AWService GmbH in writing and AWService GmbH confirms this in writing. 1.6. Unless otherwise agreed, the purchaser is bound to his order for 4 weeks as a consumer and for 4 months as an entrepreneur. 1.7. Changes to an order in an order confirmation within reasonable limits are deemed accepted if no objection is raised without delay. 1.8. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless their validity has been expressly agreed to in writing. 1.9. All agreements and arrangements, in particular side agreements, assurances and subsequent amendments to the contract, must be in writing. If they have been agreed verbally, they are basically void.
2. Prices and Payments 2.1. The prices offered are daily prices and are valid until revoked. Price quotations are subject to change. 2.2. The agreed prices are ex works and do not include value added tax (sales tax), contract fees or packaging. The only exceptions are offers in which we explicitly state that prices include statutory VAT. All prices in our online shop include statutory VAT. 2.3. Any shipping and packaging costs shall be borne by the customer. In the case of very small shipments, AWService GmbH is entitled to charge minimum invoice amounts or surcharges. 2.4. As a rule, unless otherwise agreed, payment is to be made in advance without deduction to our bank account without additional costs or in cash. Payment is deemed to have been made only when the amount of money is at the final disposal of AWService GmbH.
3. Retention of Title 3.1. We reserve title to the goods delivered by us until the purchase price has been paid in full.
4. Delivery 4.1. AWService GmbH reserves the right to make partial deliveries within reasonable limits. 4.2. Stated delivery periods are only a guideline and are therefore only approximately agreed. AWService GmbH’s delivery obligation is subject to correct and timely self-supply. 4.3. In the event of non-collection of goods, in particular used goods given for repair, after expiry of a period of 2 months from the written notification of the completion date or from transmission of the cost estimate for devices to be repaired, this shall be deemed to constitute a waiver of all rights, in particular rights in rem, to these goods. 4.4. In order to comply with delivery dates or periods, timely dispatch of the delivery item or timely notification of our readiness to dispatch is sufficient. In accordance with item 7.5, delivery is generally only made after the credit has been received. This may delay the delivery date without AWService GmbH being liable for this. 4.5. A delivery notice by telephone is only given on the basis of a written order by the customer with transmission of the telephone number. 4.6. If AWService GmbH is, through no fault of its own, not in a position to deliver the ordered goods because the supplier does not fulfil its contractual obligations, AWService GmbH is entitled to withdraw from the contract towards the customer. In this case, the customer will be informed without delay that the ordered product is not available and any payments already made will be refunded without delay. The customer’s statutory claims remain unaffected. 4.7. If damage or loss occurs during transport, claims for compensation must in any case be secured by notifying the carrier in good time or in accordance with regulations and involving it in ascertaining the damage. Until the damage has been ascertained, nothing may be changed on the damaged goods. We do not assume any liability whatsoever for transport damage.

Information on the exercise of the right of withdrawal in the case of a purchase contract for the delivery of several goods in several partial consignments within the framework of a single order

5. Information on the right of withdrawal

5.1 Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last of the goods. To exercise your right of withdrawal, you must inform us (AWService GmbH , Eisenstraße 4 , 4502 Sankt Marien , Austria , +43 7229 78012 , office@awservice.at) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired. 5.2 Consequences of withdrawal If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functioning. 5.3.1.1 Information on the right of withdrawal for the provision of services Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (AWService GmbH , Eisenstraße 4, 4502 Sankt Marien, 07229/78012, office@awservice.at) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services are to begin during the withdrawal period, you must pay us an appropriate amount which corresponds to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract in comparison with the total scope of the services provided for in the contract. Model withdrawal form (If you wish to withdraw from the contract, please complete this form and return it.)

• To AWService GmbH, Eisenstraße 4, 4502 Sankt Marien, office@awservice.at:
• I/we (*) hereby withdraw from the contract concluded by me/us (*)
• contract for
• the purchase of the following goods (*) / the provision of the following service (*)
• Ordered on (*) / received on (*)

• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate. 5.3.1.2 Withdrawal form for services > Download < 5.3.2 Model withdrawal form (If you wish to withdraw from the contract, please complete this form and return it.) – To AWService GmbH, Eisenstraße 4, 4502 Sankt Marien or – To office@awservice.at – I/we hereby withdraw __ from the contract concluded by me/us ___ for the purchase of the following goods ___/the provision of the following service ___ – Ordered on ___/received on ___ – Name of consumer(s) ___ – Address of consumer(s) ___ – Signature of consumer(s) (only for notification on paper)___ – Date ___ (Please delete as appropriate!) The right of withdrawal does not exist for distance contracts for the delivery of goods which are manufactured according to customer specifications and clearly tailored to the personal needs of the customer or which, due to their nature, are not suitable for return. End of the right of withdrawal All price quotations in the online shop include statutory value added tax. If AWService GmbH is, through no fault of its own, not in a position to deliver the ordered goods because the supplier does not fulfil its contractual obligations, AWService GmbH is entitled to withdraw from the contract towards the customer. In this case, the customer will be informed without delay that the ordered product is not available and any payments already made will be refunded without delay. The customer’s statutory claims remain unaffected. Stated delivery periods are only a guideline and are therefore only approximately agreed (approximate periods).

6. Warranty, Guarantee, Rectification of Defects 6.1. The warranty period for consumers for new goods is 2 years from delivery of the goods. The reversal of the burden of proof applies to consumers only after the expiry of the first 6 months from delivery. For goods which are not sold as new to consumers and which have been marked accordingly on the order, the warranty period is 12 months. For repair work, the warranty period is 6 months for the renewed parts, without extending any other existing warranty claims. For entrepreneurs the warranty period is 6 months, in the case of repairs only applicable to the renewed parts. 6.2. The consumer basically has the choice of whether rectification or replacement should take place. We are entitled to refuse the chosen remedy if it is impossible or, compared to the other remedy, associated with a disproportionately high effort for us. There is no claim to a replacement delivery or to compensation for damages. 6.3. Entrepreneurs must inspect the goods upon delivery for obvious defects or damage and, in the event of such, contact AWService GmbH in writing without delay with the acceptance confirmation of the transport company, the name of the driver and the license plate number of the lorry, otherwise the assertion of the warranty claim is excluded. 6.4. Consumers undertake to notify obvious defects in writing to AWService GmbH within 5 working days, together with the acceptance confirmation of the transport company, the name of the driver and the license plate number of the lorry. 6.5. Guarantee claims are excluded if defects are causally due to changes carried out or commissioned by the customer or improper handling as well as non-observance of the operating instructions. 6.6. Parts and/or parts of products which are usually subject to wear are excluded from the guarantee. 6.7. Furthermore, guarantee claims are excluded if, according to technical and/or statutory guidelines, necessary maintenance and/or inspections on the parts, products or parts of products are not carried out or are not carried out properly by the purchaser and/or the end customer. Liability for simple negligence is excluded for material damage, operational disruptions or other indirect damage arising from defects or faults in the delivered goods. 6.8. We accept no liability for defects or damage arising for the following reasons: a) unsuitable or improper use, incorrect assembly or commissioning by the purchaser or third parties, natural wear and tear, incorrect or negligent handling, excessive stress, unsuitable operating materials, replacement materials, defective construction work, unsuitable installation site, chemical, electrochemical or electrical influences as well as other similar and equivalent circumstances. b) making changes to the delivery item by the purchaser or third parties without our prior express and written consent or that of the manufacturer. c) if the operating instructions are not observed or if the instruction for such devices for which instruction by the manufacturer is prescribed has not been carried out by our customer service or a customer service authorised by us.

Wear parts (nozzles, suction lips, brushes, batteries, spark plugs, V-belts, blades, etc.) are excluded from the guarantee/warranty, as are, for the other parts of the device, all defects attributable to normal wear and tear or non-intended use or wilful damage, including, among other things, the use of the wrong fuel, the wrong engine oil as well as damage caused by ramming solid objects such as a wall or a kerb with an attached snow clearing device. d) For replacement or repair within the framework of the guarantee, the provisions agreed for the warranty apply mutatis mutandis. e) If changes are made to the device or the guarantee parts by the purchaser or third parties without our written consent, the guarantee shall lapse.

7. Remuneration and Payment 7.1. The prices and conditions valid on the day the order is accepted are decisive for the purchase price; therefore, the amount to be paid on the day the order is accepted is applicable. 7.2. The prices and terms are subject to change and are non-binding for repeat orders.
8. Liability 8.1. Outside the scope of the Product Liability Act, our liability is limited to intent and gross negligence. Liability for slight negligence, compensation for consequential damage and financial loss, non-achieved savings, loss of interest, loss of profit and damage arising from claims by third parties against the customer is excluded. 8.2. Information about possible applications of our products, technical advice and other information is provided to the best of our knowledge, but without obligation and under exclusion of any liability. In particular, it does not release the purchaser from carrying out its own examination of our products and their suitability for the intended processes and purposes. 8.3. AWService GmbH is liable for damages only if intent or gross negligence is present. For simple negligence, AWService GmbH is only liable in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose observance the contracting partner regularly relies. Otherwise, liability for damages of any kind, irrespective of the basis of the claim, including liability for culpa in contrahendo, is excluded. If AWService GmbH is liable for simple negligence, liability is limited to the damage that AWService GmbH typically had to expect at the time the contract was concluded in view of the circumstances known at that time. The above exclusions and limitations of liability do not apply if AWService GmbH has given a guarantee, nor do they apply to damage arising from injury to life, body or health or if claims under the Product Liability Act exist. The above exclusions and limitations of liability also apply in favour of our employees, vicarious agents and other third parties used by AWService GmbH to fulfil the contract.
9. Transfer of Risk 9.1. The risk passes to the VP upon dispatch or within 3 days of receipt of the notice of readiness. If damage or loss occurs during transport, AWService GmbH does not accept any liability whatsoever. 9.2. Goods which are dispatched directly to third parties are deemed to have been delivered in accordance with the contract and definitively accepted with regard to their internal and external condition upon dispatch.
10. Assembly, Cost Estimate, Repair 10.1. The calculation of assembly work is based on the assembly rates of AWService GmbH applicable at the time of execution. 10.2. Cost estimates prepared are drawn up to the best of our expert knowledge but are non-binding. AWService GmbH accepts no guarantee for their accuracy. 10.3. In the event that, after the order has been placed, substantial cost increases are unavoidable, we will inform the client. 10.4. Requested cost estimates which are not followed by a corresponding repair order will be invoiced to the client according to the actual effort. Cost estimates do not oblige us either to accept the order or to carry out the services listed in the cost estimate. 10.5. No consideration can be given to order-specific circumstances that are outside our recognisability. 10.6. AWService GmbH has no obligation to inspect the intended installation site and accordingly accepts no liability for its suitability; this applies in particular to the load-bearing capacity of the floor or ceiling at the respective installation site, as well as suitable ventilation and any necessary flue piping, fire protection regulations, etc. 10.7. If AWService GmbH undertakes the installation of the devices supplied by it, the room conditions must comply with all safety regulations and the installation drawings of AWService GmbH by the installation date. 10.8. When moving in heavy parts, the fitters of AWService GmbH must be provided with assistance free of charge on site and any scaffolding or transport vehicle required for transport and installation must be provided free of charge. The delivery of fuel and water as well as fuel for commissioning or operating the machines, in particular for rented equipment, must always be provided by the customer.
11. Take-back of waste electrical equipment

On the basis of the Waste Electrical Equipment Ordinance, we offer a take-back service for equivalent old products. This means: when the customer purchases a new device from us, he/she has the option of handing in an equivalent old device to us for recycling. This waste electrical equipment is then disposed of in accordance with the ordinance at a regional collection point of the collection and recycling systems.

12. Miscellaneous 12.1. Claims for damages due to delivery delays cannot be asserted against AWService GmbH. 12.2. AWService GmbH reserves the right, in the event of default of acceptance, to withdraw from the contract without setting a grace period and to claim damages for non-performance. In this case, we are entitled to demand or retain any agreed down payment, but at least 25% of the purchase price, as a contractual penalty not subject to judicial mitigation. This amount plus shipping costs shall also be deemed to be the minimum damage for non-performance. This also applies if the VP is a consumer within the meaning of the Consumer Protection Act. 12.3. The following are not material defects: a. Wear and tear due to use or other natural wear and tear; b. Condition of the goods or damage arising after the transfer of risk as a result of improper handling, storage or installation, failure to observe installation or treatment instructions, excessive stress or use or inadequate maintenance or care; c. Condition of the goods or damage arising due to force majeure, special external influences that are not assumed under the contract, or due to the use of the goods outside the use assumed under the contract or customary use. 12.4. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover in the case of collection by the customer, and in the case of dispatch upon handover of the goods to the carrier, freight forwarder or other third party designated to carry out the shipment. 12.5. Handover is deemed equivalent if the customer is in default of acceptance. 12.6. Should provisions of the agreement be invalid or unenforceable, the other provisions of the agreement shall remain unaffected. These provisions shall be deemed replaced by valid and enforceable regulations that most closely achieve the intended economic purpose. The same applies to any gaps. 12.7. The place of performance for all deliveries and services is the registered office of AWService GmbH in Sankt Marien. The exclusive place of jurisdiction for all disputes arising in connection with the concluded transaction or its termination is the competent court in Linz, except for consumers according to the Consumer Protection Act. However, notwithstanding this agreement on jurisdiction, AWService GmbH has the choice to bring an action also at the customer’s registered office. The exclusive application of Austrian law is expressly agreed under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 12.8. The VP’s terms and conditions do not apply insofar as they contradict these terms and conditions, even if the VP expressly refers to them. Conflicting terms and conditions are hereby expressly rejected. Even the sending of the order confirmation does not constitute recognition of the VP’s conditions. At the latest upon placing the order, our General Terms and Conditions shall be deemed accepted.

12.9. Unique Identification Number for France for WEEE: FR022328_05BIEX 12.10. Numéro d’Identifiant Unique for France for packaging: FR236848_01ABWJ 12.11. ZSVR registration number for Germany for packaging: DE4612481977955 12.12. Battery registration number for Germany for batteries: DE 37772367 12.13. WEEE registration number for Germany for WEEE: DE 86670007 Miscellaneous: A2. Contracting party, conclusion of contract The purchase contract is concluded with AWService GmbH. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order together with acceptance of the order is sent immediately after dispatch by an automated e-mail. The purchase contract is concluded with this e-mail confirmation. A3. Shipping costs In addition to the stated product prices, shipping costs are added. You can find more details on the amount of shipping costs in the offers. A4. Payment The following payment methods are available in our shop: PayPal Immediate transfer (Sofortüberweisung) Credit card Advance payment / prepayment If you choose the payment method advance payment, we will state our bank details in the order confirmation and deliver the goods after receipt of payment. A5. Collection by the customer You basically have the option of collecting the goods from our premises. You can find the address and opening hours here: We look forward to your message! A6. Retention of title The goods remain our property until payment has been made in full. A7. Transport damage If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or transport insurance. A8. Storage of contract text We store the contract text and send you the order data and our General Terms and Conditions by e-mail. You can also view and download the General Terms and Conditions at any time on this page. You can view your past orders in our customer login. A9. Contract language The language available for the conclusion of the contract is German.