JOSKO WINDOWS AND DOORS GMBH

Josko Straße 1
A-4794 Kopfing

LIne of business: The production and sale of windows, front doors, internal doors and all-glass systems


Phone: +43 7763 2241 0
Fax: +43 7763 2810
Website: www.josko.at
E-mail: office@josko.at
Commercial Register number: 
111546p
Commercial Register Court: Regional court Ried im Innkreis
Authorities acc. to ECG: BH Schärding/Inn
VAT reg. no.: 
ATU 239 15 404
also applies to the newsletter and social media
(Facebook, Google+, YouTube, Xing)

Design, website design & programming: 
pixelart GmbH 
Schießstandstraße 68 | 5061 Salzburg-Elsbethen | Austria 
Web: http://www.pixelart.at

TERMS AND CONDITIONS OF SALE AND DELIVERY

THE UNDERLINED CONDITIONS DO NOT APPLY TO CONTRACTS SUBJECT TO CONSUMER PROTECTION LAW:

GENERAL
1.1 The content of the contract shall only be that which is defined in writing on the contract form or that which we have confirmed in writing.

1.2 Our representatives may sign contracts on our behalf, however, they are not authorised to collect payment. Our quotes shall remain valid for 14 days. If we are made an offer, the customer shall be bound to the offer for 8 days.

1.3 We shall be bound to the general terms and conditions of the customer only if we have acknowledged these in writing.

1.4 The versions of the Austrian Federal Economic Chamber's "Quality Guidelines for Windows, Front Doors and Facade Components", and "Windows and Window Facade Platforms" in force when the contract is concluded shall also apply. These may be viewed at www.josko.at and can be sent to the customer in writing if required.

1.5 Should any individual provision, in full or in part, of these Terms and Conditions of Sale and Delivery be or become void or unenforceable, the validity of the remaining provisions shall in no way be affected. In such case the void and/or unenforceable provisions shall be replaced with a provision which comes as close as possible to the meaning, sense and purpose of the Terms and Conditions of Sale and Delivery.

 

DELIVERY TIMES AND DELIVERY
2.1 The likely delivery date given on the purchase order shall not be binding. A binding delivery date may be agreed only after preliminary planning and when the order has been registered by us in our factory. However, this will be no later than six weeks after the purchase order has been received (exclusions: custom orders). If the customer does not fully provide us with the information required in accordance with the agreement, the delivery date shall be extended until such time as this is provided.

2.2 We will accept changes to the purchase order if they are feasible for us, but this may have an effect on the price and/or delivery date.

2.3 If a complete delivery is not expressly agreed, we may also make partial deliveries.

2.4 Compensation for non-performance or delay shall be possible only in cases of gross negligence or intent. If a penalty is expressly agreed, this shall not exceed 5% of the net order amount.

2.5 Unforeseen delivery problems not within our control (strike, delays in material deliveries, road closures or other cases of force majeure, etc.) shall entitle us to extend delivery dates by up to two months. In all other respects, clause 2.4 shall apply when the delivery deadline has expired with the proviso that no penalty shall be due.

2.6 We will deliver to the first, easily accessible, level and suitable storage area that the customer must prepare and make available. Carrying and installation only by written agreement and for an additional price.

2.7 The customer shall be responsible for providing unobstructed, safe access (with a 16t truck, height 4m) to the unloading area and the immediate storage of the components, especially as regards theft, moisture damage and damage. For components weighing more than 150 kg, the customer shall provide suitable helpers for unloading.

2.8 The customer shall ensure that they or a representative is available to accept the delivery. When the goods are delivered, they must be checked to ensure that they are complete. In case of goods that are not fully packed (especially windows, shutters, roller blinds, etc.), complaints about damaged packaging, scratches, dents, scrapes, etc. must be made immediately upon delivery otherwise claims will not be accepted.

2.9 If the customer does not accept the contractually delivered goods at the contractually agreed time, we may demand full payment and may also store the goods and deliver them at a future point in time at the expense and at the risk of the customer.

 

WARRANTY AND COMPENSATION
3.1 The customer shall examine the goods immediately, but at the latest before installation or further processing for obvious defects and shall send a complaint about any defects with details in writing, also immediately but at the latest within 10 days, or shall have no right to further claims. In case of dispute, we may use the defence of having not received a complaint even if we have not used this defence out of court.

3.2 Latent defects must be brought to our attention as soon as they are discovered; assuming this is within the warranty period, otherwise the customer shall have no claim.

3.3 We may fulfil warranty claims by improvement, replacement or price reduction, at our discretion. The customer shall agree not to rescind the contract. Improvement shall be carried out at delivery location or at our factory, at our discretion.

3.4 Claims for compensation for material or property damage towards us shall be excluded unless these are based on gross negligence or intent. The amount of compensation shall not exceed the value of the delivered goods (partial goods). We shall not be liable for pure financial losses.

Clauses 3.5 and 3.4 shall also apply to all pre-contractual final provisions on our side, such as an obligation to provide a warning or explanation.

3.6 The warranty period is six months from date of delivery to the agreed address. Section 924 Sentence 2 of the Austrian General Civil Code (ABGB) shall not apply. Replacement deliveries or rectification of defects do not prolong, stop or interrupt the warranty period. Claims for recourse according to Section 933b ABGB against us are excluded. Assertion of defects shall not entitle the customer to use the objection of an unfulfilled contract or change the terms and conditions of payment.

3.7 The statutory warranty shall apply for consumers.

 

PAYMENT
4.1 In case of late payment by the customer, we will charge the statutory default interest rate. In addition, the customer shall reimburse us for all reminder and legal costs associated with enforcement to an appropriate extent as regards the open claims

4.2 The customer hereby agrees that all payments made by them shall be offset first against costs and expenses, then against the interest and finally against the capital.

4.3 If payment is delayed or if circumstances arise in which the customer's financial situation is likely to make it impossible for them to satisfy our claims adequately (opening of insolvency proceedings, proceedings to recover open payment obligations), we may immediately claim all open payments and also refuse to make any further deliveries.

 

RETENTION OF TITLE
5.1 All goods are delivered with retention of title. They remain our property until payment has been made in full, even if they are installed.

5.2 If we assert our retention of title, the customer hereby authorises us to reclaim our goods without legal aid and allows us free access to our goods at any time for this purpose.

5.3 The customer shall keep the goods in proper condition during the retention of title period and shall notify us of any executive measures.

 

5.4 The customer may sell goods subject to retention of title that have been delivered only within the scope of proper business and only if they are not in default. On the customer's part, they shall agree retention of title with the third-party buyer and hereby assigns this to us. The customer hereby assigns claims against third parties arising from reselling the goods, along with all ancillary agreements to the amount of the purchase price that we are owed, including interest and costs, although we may disclose assignment of the claims.

5.5 The customer waives the option of offsetting. This shall not apply to consumers in the event that we are unable to pay counter claims which are legally connected to our claim, that have been decided by a court of law or that we have acknowledged. In such cases, consumers have the option of offsetting.

5.6 Complaints do not entitle customers to withhold the invoiced amount. Consumers may withhold payment only if we did not deliver as contractually agreed or if the performance is at risk of deterioration in their pecuniary circumstances that was not known or should not necessarily have been known when the contract was signed.

 

PRICE GUARANTEE, CANCELLATION
6.1 We guarantee prices for delivery within six months of the order date. If delivery is made after this time due to reasons for which the customer was responsible, the prices applicable at the time of delivery will be charged.

6.2 In case of orders "on request", the desired delivery date must be announced at least four months in advance. If the goods are not requested for delivery within two years from the order date, we may withdraw from the contract and charge a cancellation fee of 30% of the order amount.

6.3 In case of unauthorised withdrawal from the contract by the customer, we may demand either compensation for lost profit or a cancellation fee of 30% of the order amount without having to provide specific proof of the damage.

6.4 The cancellation fee is not subject to a court's right to reduce or abate punitive measures.

 

PLACE OF PERFORMANCE AND LEGAL VENUE
7.1 The place of performance for both parties is Kopfing. The competent court in A-4910 Ried im Innkreis shall be responsible for all legal disputes.

7.2 Austrian law shall apply. The United Nations Convention on Contracts and the International Sale of Goods (CISG) shall not apply.

 

INFORMATION ON EXERCISING CANCELLATION RIGHTS FOR CONSUMERS: 
8.1 If consumers do not submit their contractual proposal on premises that we use permanently for commercial purposes or at a trade fair or market booth, they may withdraw from the contract proposal or from the contract.

In such a case, they may rescind the contract within 14 days without providing a reason. The withdrawal period is 14 days from the day on which the consumer or a named third party, who is not the carrier, took possession of the goods.

However, the right of withdrawal does not apply, in particular, to goods ordered according to customer specifications or that are clearly tailored for personal requirements or if the consumer initiated the business relationship with our company for the purpose of concluding a contract. In this respect, reference is made to Section 3 of the Austrian Consumer Protection Law (KSchG) and Section 18 of the Austrian law governing distance and off-premises contracts (FAGG).

8.2 To exercise the right of withdrawal, JOSKO windows and doors GmbH, Josko Straße 1, 4794 Kopfing, Phone +43 7763 2241 0, Fax +43 7763 2810, E-mail office@josko.at must be notified that the consumer has decided to withdraw from the contract in an unequivocal declaration (e.g. a letter sent by mail, a fax or an e-mail or the sample withdrawal form). To meet the withdrawal deadline, it is sufficient for the right-of-withdrawal notification to be sent before expiry of the withdrawal deadline.

8.3 Consequences of withdrawal: If the contract is cancelled, we shall repay all payments we have received, including delivery costs (excluding additional costs if the consumer has chosen a delivery option other than the standard delivery we offer) immediately but no later than 14 days from the date we received notification that the contract has been cancelled. However, we may refuse repayment until we receive our goods or until we have proof that the goods have been returned, whichever is sooner.

8.4 The consumer shall pay the cost of returning the goods.

 

IMPORTANT INFORMATION ABOUT OUR PRODUCTS
Wood is a natural product. Therefore, there may be slight colour differences with our samples, the assembly of different sections on subsequent orders, and slight unevenness in the wood due to its structure; these are unavoidable and are not a defect but a sign of the authenticity of the material wood. Also, with PVC and aluminium there may slight colour variations because of the material and production process. Wooden components that are ordered without a final coating (topcoat) are delivered without intermediate sanding. A suitable topcoat must be applied without delay. We accept no liability for damage caused by a lack of topcoat, or for topcoats that are not applied correctly. 
Condensation may form on the outside of components and glazing as a result of external influences (e.g. on frames, on both sides of the glazing, on fittings, etc.). We have no control over these external influences and, hence, condensation is not a defect. 
Sash bars in insulated glass may move or sit on the glass partially in some cases. If the glass unit is subject to vibration, you may hear a slight rattling; this is not a defect. 
Insulated glass may also shatter for no obvious reason. If this happens within six months following delivery, we will replace it at no cost if no mechanical influences are obvious. After this time - until the warranty period expires - we will replace it for free only if there was a defect in the delivery. 
IMPORTANT: WOODEN COMPONENTS SHOULD NOT BE SUBJECTED TO HUMIDITY LEVELS GREATER THAN 55%! CONDENSATION AT THE EGDE OF THE GLASS IS A SIGN OF EXCESSIVE INDOOR AIR HUMIDITY. Non-observance will cause irreversible damage to the wooden joints, glazing beads and surface. 
Remember that after windows have been installed, the bending of lintels, ledges and ceilings near the components should not exceed 3 mm, regardless of their width. Otherwise, this will affect performance or cause damage. If this value is exceeded, the customer is responsible for all subsequent effects and damage (glass breakage, etc.). 
Please observe the important information in the "JOSKO Service Passport" that is provided with every order. It may also be requested from JOSKO. Non-observance of this information may result in damage for which JOSKO is not liable. 
As of January 2014


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