Electronic Trade PCB GmbH

Terms & Conditions

General Terms and Conditions (GTC)

Electronic Trade PCB GmbH Josef-Glock-Gasse 5 | A-2102 Bisamberg, Austria As of: May 2025

I. Scope of Application

The deliveries, services and offers of Electronic Trade PCB GmbH are made exclusively on the basis of these General Terms and Conditions. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognised unless we have expressly agreed to their application in writing. Performance of the contract on our part shall not constitute acceptance of deviating terms and conditions.

These GTC shall also apply as a framework agreement to all further legal transactions between the contracting parties.

These GTC are available on our website at [URL] and are enclosed with or expressly referenced in every offer and order confirmation.

II. Offers and Conclusion of Contract

Our offers are non-binding and subject to change. A contract is only concluded upon our written order confirmation. The dispatch of the goods ordered by the customer also constitutes conclusion of the contract.

If the customer submits an offer to us, the customer is bound by it for an appropriate period of at least 15 days from receipt of the offer.

III. Prices

All prices stated are exclusive of statutory VAT unless expressly stated otherwise (net prices).

If, after conclusion of the contract, the cost factors relevant to our calculation change significantly — in particular labour costs due to collective bargaining or internal agreements, or costs for materials, energy, transport, third-party services or financing — we are entitled to adjust prices accordingly. In the case of consumer transactions, price increases are only permissible under the statutory conditions.

IV. Payment Terms and Default Interest

Payment shall be made in the form selected by the customer (bank transfer, cash on delivery, etc.). The purchase price is due upon conclusion of the contract. Payments are only deemed to have been made upon receipt in our business account.

In the event of default in payment by the customer, we are entitled, at our discretion, to:

  • claim compensation for the actual damage incurred, or
  • charge default interest at 4% above the secondary market yield/federal bonds according to the Austrian National Bank's monthly statistical bulletin — insofar as this does not involve a credit transaction with consumers.

V. Reminder and Collection Fees

In the event of default in payment, the customer shall reimburse the following costs:

  • Reminder fees: flat rate of € 15.– per reminder issued
  • Debt monitoring: € 5.– per half-year

After an unsuccessful second reminder, we are entitled to engage a debt collection agency. The resulting costs shall be borne by the customer to the extent permitted by law.

VI. Withdrawal by the Company

In the event of default in acceptance (see Section VIII) or other important reasons — in particular the customer's insolvency, rejection of insolvency proceedings due to lack of assets, or default in payment — we are entitled to withdraw from the contract, provided it has not yet been fully performed by both parties.

In the event of withdrawal due to fault on the part of the customer, we may choose between:

  • lump-sum compensation of 15% of the gross invoice amount, or
  • reimbursement of the actual damage incurred.

In the event of the customer's default in payment, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries and to demand advance payments or security.

If the customer withdraws from the contract without being entitled to do so, or requests its cancellation, we may choose to insist on performance or agree to cancellation. In the latter case, the customer shall pay, at our discretion, either lump-sum compensation of 15% of the gross invoice amount or the actual damage incurred.

VII. Delivery Period and Place of Performance

We are only obliged to perform once the customer has fulfilled all necessary co-operation obligations — in particular all technical and contractual details and required preparatory measures.

Agreed deadlines and delivery periods may be exceeded by us by up to two weeks. Only after the expiry of this period and after the setting of a reasonable further deadline may the customer withdraw from the contract.

Place of performance is our registered office (A-2102 Bisamberg, Austria).

VIII. Default in Acceptance

If the customer fails to accept the ordered goods within the agreed period, the customer is in default of acceptance. In this case, we are entitled to store the goods at the customer's risk and expense or to otherwise dispose of them.

IX. Warranty and Duty to Inspect

In consumer transactions, the statutory provisions of the Austrian Consumer Protection Act (KSchG) and the Austrian Civil Code (ABGB) apply without restriction.

In business-to-business transactions, we fulfil warranty claims in the case of a remediable defect at our discretion by:

  • replacement,
  • repair within a reasonable period, or
  • price reduction.

Claims for damages aimed at remedying defects may only be asserted once we are in default of fulfilling the warranty claims.

Duty to inspect and give notice of defects (B2B only, §§ 377 et seq. UGB): Goods must be inspected immediately upon delivery, but at the latest within 6 working days. Defects discovered must be reported to us in writing immediately, but at the latest within 3 working days of discovery, stating the type and extent of the defect. Hidden defects must be reported in writing immediately, but at the latest within 3 working days of discovery. If notice of defects is not given or not given in time, the goods shall be deemed approved.

X. Damages

Claims for damages are excluded in cases of slight negligence. This does not apply to personal injury, or — in consumer transactions — to damage to items accepted for processing.

In business-to-business transactions, the injured party bears the burden of proving slight or gross negligence.

The limitation period for claims for damages in business-to-business transactions is three years from the transfer of risk.

The provisions on damages apply even where the claim is made alongside or instead of a warranty claim.

XI. Product Liability

Recourse claims pursuant to § 12 of the Austrian Product Liability Act (PHG) are excluded unless the party entitled to recourse proves that the defect was caused within our sphere of responsibility and was attributable to at least gross negligence.

XII. Retention of Title

All delivered goods remain our property until payment in full (retention of title). The mere assertion of retention of title shall only constitute withdrawal from the contract if this is expressly declared.

In the event of goods being returned, we are entitled to charge transport and handling costs incurred.

In the event of third-party access to the goods subject to retention of title — particularly through seizure — the customer is obliged to indicate our ownership and to notify us immediately.

If the customer is a consumer or is not an entrepreneur whose ordinary course of business includes trading in the goods purchased from us, the customer may not dispose of the goods subject to retention of title until full payment — in particular, the customer may not sell, pledge, give away or lend them. The customer bears full risk for the goods subject to retention of title, including the risk of loss, destruction or deterioration.

XIII. Assignment of Claims

In the case of delivery under retention of title, the customer hereby assigns to us all claims against third parties arising from the sale or processing of our goods, until our claims have been fully settled.

The customer shall, upon request, inform us of their buyers and notify them of the assignment in good time. The assignment shall be made apparent in business records, delivery notes and invoices.

In the event of the customer's default in payment to us, incoming sales proceeds shall be kept separate and held by the customer solely on our behalf.

Any claims against an insurer are hereby assigned to us within the limits of § 15 of the Austrian Insurance Contract Act (VersVG).

Claims against us may not be assigned without our express written consent.

XIV. Right of Retention

In business-to-business transactions, in the event of a justified complaint — except in cases of unwinding of the contract — the customer is entitled to withhold only an appropriate portion of the gross invoice amount, not the entire amount.

XV. Website — Disclaimer, Warranty and Liability

Use of this website is at the user's own risk. We provide no warranty for the accuracy, completeness or currency of the published content, offers and information.

Any liability for damages arising directly or indirectly from the use of this website is excluded to the extent permitted by law — in particular for interruptions to availability for technical reasons, data loss or problems in third-party networks.

Uninterrupted availability of the website cannot be guaranteed. Connectivity to other network operators is provided subject to technical possibilities.

XVI. Links

All external links have been compiled with the greatest care. We accept no liability for the accuracy, content or availability of linked external websites. Responsibility for the content of linked pages lies solely with their respective operators.

Links to our website are welcome provided they open as external links in a separate browser window. Embedding our website in a frameset is not permitted.

If a linked website is found to contain unlawful content, please notify us and the link will be removed immediately.

XVII. Governing Law and Jurisdiction

Austrian law applies, to the exclusion of the conflict-of-law rules of private international law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The language of the contract is German.

The contracting parties agree to Austrian jurisdiction. In business-to-business transactions, the court with subject-matter jurisdiction at our registered office shall have exclusive local jurisdiction over all disputes arising from this contract.

In consumer transactions, the mandatory jurisdiction provisions of the Austrian Consumer Protection Act (KSchG) and the Brussels I Regulation (recast) apply.