Validity of general terms and conditions (GTC)
Unless expressly agreed otherwise, our general terms and conditions made known to the contractual partner shall apply.

Our contractual partner agrees that in the case of the use of general terms and conditions by him, our conditions are to be assumed in case of doubt, even if the conditions of the contractual partner remain unchallenged.

Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. If there are still ambiguities in the interpretation of the contract, these are to be cleared up in such a way that those contents that are usually agreed in comparable cases are deemed to be agreed.

Our offers are non-binding. The contract is only deemed to have been concluded once we have sent a written order confirmation.

Protection of plans and documents / confidentiality
Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and the like remain our intellectual property. Any use, in particular passing on, duplicating, publishing and making available, including copying only in part, requires our express consent.

All of the documents listed above can be reclaimed by us at any time and must be returned to us immediately without being asked if the contract does not come about.

Furthermore, our contractual partner undertakes to keep secret the knowledge that has come to him from the business relationship towards third parties.

Price (purchase price, wages)
In the absence of any other agreement, we are entitled to invoice the work to be performed by us according to the actual occurrence and the expenses incurred by us as a result. These invoices are to be paid within ... days of receipt of the invoice. € ... will be charged for each working hour including travel time. Partial hours, including travel times, are charged as full hours.

If no reasoned objection is raised in writing against our invoice within 2 weeks, it is deemed to have been approved.

We are expressly entitled to issue partial invoices if the service is provided in parts.

Unless expressly stated otherwise, all prices quoted by us are exclusive of sales tax. In the event of offsetting, the statutory sales tax will be added to these prices.

4.1. value protection clause

Stability of value of the claim including ancillary claims is expressly agreed. The consumer price index [1] published monthly by the Austrian statistical central office or an index replacing it serves as a measure for calculating the stability of value.

The index number calculated for the month in which the contract was concluded serves as a reference for this contract. Fluctuations in the index number up or down up to exclusively ... % are not taken into account and are only charged in full if this range is exceeded. This range must be recalculated each time it is exceeded, either upwards or downwards, whereby the first index number outside the applicable range must always form the basis for both the reassessment of the claim amount and the calculation of the new range. The resulting amounts are to be rounded to one decimal place.

If it is a consumer transaction, no price changes will be invoiced during the first two months after the conclusion of the contract - unless these have been expressly negotiated in detail.

Terms of payment (due date, partial payment, discount)
The buyer undertakes to pay the purchase price in full upon conclusion of the contract.

The purchase price/wage is to be paid within 14 days of receipt of the invoice without any deductions and free of charges.

late payment interest
Even if the buyer/orderer is in default of payment through no fault of his own, we are entitled to charge interest on arrears at a rate of 10% above the base interest rate annually; this does not affect claims for reimbursement of proven higher interest.

Transport - risk of loss
In the absence of an express agreement to the contrary, our contractual partner bears the costs and risk of transport for deliveries.

retention of title
The goods remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been informed of this in good time beforehand, stating the name or company and the exact business address of the buyer, and if we agree to the sale. If we agree, the purchase price claim is deemed to have been assigned to us and we are authorized at any time to notify the third-party debtor of this assignment. In the event of a plurality of claims on our part

ts, payments by the debtor are primarily attributed to those of our claims that are not (or no longer) secured by a retention of title or other means of security.

In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.

Place of fulfillment
The place of fulfillment for both our service and the return service is Grindel 110, 6943 Riefensberg

Non-performance/delay in delivery and performance
In any case, the buyer/orderer has to accept minor exceeding of the delivery period without being entitled to a claim for damages or a right of withdrawal.

The delivery date is agreed as a fixed date insofar as we can withdraw from the contract by simply making a declaration without setting a further grace period. This declaration must be made within ... days. We are entitled to assert all damages resulting from the delay.

The delivery date is fixed. In the event of a delay, there is no need to withdraw; its consequences occur automatically.

10.1. delay of acceptance

If our contractual partner is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of € ... per calendar day or part thereof.

Cancellation Fees/Repentance
The buyer has the right to withdraw from the contract against payment of a cancellation fee (a penalty) of ... % of the purchase price/work wages without giving reasons (§ 909 ABGB).

Unilateral changes in performance
Objectively justified and appropriate changes to our performance or delivery obligation, in particular reasonable delivery times or short-term payment deadlines on our part, are deemed to have been approved in advance.

Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to such exceeding of the delivery period. If the actual exceeding of the deadline can be estimated, but no later than one week before the originally agreed delivery date, we will announce how long a delay is to be expected.

Apart from those cases in which there is a legal right to conversion, we reserve the right to fulfill the warranty claim through improvement, exchange or price reduction at our discretion.

The transferee must always prove that the defect already existed at the time of handover.

The goods must be examined immediately after delivery. Defects found in the process must also be reported to the seller immediately, but no later than ... days after delivery, stating the nature and extent of the defect.

Hidden defects must be reported immediately after their discovery. If a notice of defects is not raised or not raised in good time, the goods are deemed to have been approved. The assertion of warranty or damage claims as well as the right to contest errors due to defects are excluded in these cases.

The warranty period for moveable items is ... months, for immovable items ... years from delivery/service.

13.1. Claim for recourse according to § 933b ABGB

The right of recourse according to § 933b ABGB is excluded.

Apart from personal injury, we are only liable if gross negligence can be proven by the injured party.

product liability
Any claims for recourse that contractual partners or third parties direct against us under the title "product liability" within the meaning of the PHG are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence.

On Bill
Offsetting against our claims with counterclaims of any kind is excluded.

Bans on refusing performance and bans on retention
Justified complaints do not entitle the holder to withhold the entire, but only a reasonable part of the invoice amount.

formal requirements
All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.

Statements, notifications, etc. addressed to us - with the exception of notifications of defects - must be in writing to be legally effective, and therefore also require the original signature or a secure electronic signature.

choice of law
Austrian substantive law shall apply to this contract.

Jurisdiction Agreement
The competent court at the registered office of our company is locally responsible for deciding all disputes arising from this contract. However, we have the right to sue at the contractual partner's general place of jurisdiction.

For all against one consumption r, who has his domicile, habitual abode or place of employment in Germany, because of disputes arising from this contract, one of those courts has jurisdiction in whose district the consumer has his domicile, habitual abode or place of employment. The statutory places of jurisdiction apply to consumers who are not resident in Austria at the time the contract is concluded.

Arbitration Agreement – Arbitration Clause
Any dispute or claim arising out of or in connection with this Agreement, including disputes as to its validity, breach, termination or nullity, shall be finally decided under the Rules of Arbitration (Vienna Rules) of the International Arbitration Institution of the Austrian Federal Economic Chamber (VIAC) by one or three arbitrators appointed under these Rules.

All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Center (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed in accordance with the said Rules.

Other text modules worth considering for business transactions
22.1. Cost estimate

The cost estimate is prepared to the best of our knowledge, but no guarantee can be given for its correctness. Should there be cost increases of more than 15% after the order has been placed, the contractor will inform the client immediately.

In the case of unavoidable cost overruns of up to 15%, a separate agreement is not required and these additional costs can be billed without further ado.

Unless otherwise agreed, order changes or additional orders can be invoiced at reasonable prices.

Estimates are chargeable. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.

22.2. Electronic invoicing

Our customer agrees that invoices can also be created and sent to him electronically.

22.3. missed deadline

Insofar as the customer has to make his payment obligation in installments, it is agreed that if payment is not made on time, even just one installment, all outstanding partial services will become due immediately without setting a further grace period.

In the case of consumer transactions, the above provision applies accordingly if we have rendered our service in full, even if the customer's service is at least six weeks overdue, and if we have reminded the customer, setting a grace period of at least two weeks and threatening to lose the deadline.

22.4. Default interest on credit transactions with consumers

In the case of credit transactions with consumers, the interest on arrears amounts to the interest rate agreed for the contractual payment plus 5 percentage points per year.

Pricacy Policy / Imprint

Privacy Policy - Tonewood Berkmann


Here you can find Tonewood Berkmann's privacy policy


Imprint - Tonewood Berkmann

Here you will find the imprint of Tonewood Berkmann
If you want to make an inquiry regarding your stored data, you can do so here --> Inquiry

Kontakt Tonewood Berkmann - Riefensberg


Pascal Fink

Grindel 110
6943 Riefensberg
+43 664 25 08 477 (Pascal Fink)
+43 664 24 42 151 (Patrick Fink --> for calls in english)
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.