General Terms and Conditions TEXIBLE GmbH (hereinafter referred to as “TEXIBLE”)
1. General Provisions
The following general terms and conditions apply to all contracts, offers and deliveries of TEXIBLE. Any terms and conditions of the customer (business partner) deviating from these terms and conditions shall only become effective if TEXIBLE expressly agrees to them.
Offers made by TEXIBLE are subject to change. Prices are generally net and are ex works or ex warehouse of TEXIBLE excluding other costs (Incoterms 2020). If fees, taxes or other charges are levied in connection with the delivery, these will be covered by the customer.
TEXIBLE shall endeavour to comply with the stated delivery dates, but does not guarantee them. Delivery is at the expense and risk of the customer.
4. Retention of title
The ownership of all products of TEXIBLE is only transferred to the customer after full payment of the invoice amount.
5.1 The warranty and guarantee period is 24 months, unless expressly agreed otherwise. For repairs, the period is limited to 6 months. Wear parts (especially textile components such as shirts) are excluded from the warranty.
5.2 In case of warranty/guarantee, TEXIBLE shall, at its own discretion, repair, replace, reduce the price or rescind the contract. Wear and tear and consumable parts are not included in the warranty and guarantee.
5.3 Warranty and guarantee claims shall be excluded if the customer himself or a third party has modified, repaired or serviced the delivered products, changed the technical specifications or carried out other interventions. The same shall apply in case of improper handling or use of unsuitable data carriers and if the defect is not reported immediately.
5.4 TEXIBLE shall not be liable for indirect or consequential damages of any kind. TEXIBLE shall in no case be liable for slight negligence.
TEXIBLE is entitled to the intellectual property rights of all devices, programs and services as well as all related copyrights, patent rights, trademark rights and industrial property rights and shall retain them undivided.
7 Software Licenses
7.1 TEXIBLE grants the customer a non-exclusive and non-transferable right to use the software product for which the customer acquires a license.
7.2 The license rights granted to the customer by TEXIBLE may not be assigned, transferred, pledged, leased or otherwise passed on, transferred or shared with third parties by the customer.
7.3 With the exception of a backup copy, any kind of reproduction of the software product, the documentation or parts thereof is only permitted with the prior, written consent of TEXIBLE.
7.4 The Customer shall not modify, transfer (whether electronically or otherwise), translate, disassemble, decompile, or otherwise reverse engineer the Software Product or the accompanying Documentation without TEXIBLE’s prior written consent.
If a device is sent to TEXIBLE for repair, all work shall be performed at TEXIBLE’s facilities or certified repair centers. Customer shall properly ship the equipment with a repair order at Customer’s expense. TEXIBLE will return the equipment CIP (Incoterms 2020) after service has been performed. TEXIBLE will cover the return shipping costs, but will not be liable for any loss or damage in transit.
9. Terms and delay of payment, pricing
9.1 In principle, the customer shall transfer the full invoice amount to a bank account chosen by TEXIBLE within 30 days from receipt of the invoice.
9.2 If the customer is in default of payment, he shall reimburse TEXIBLE for all expenses incurred.
9.3 The purchase price of the products to be paid shall be the EUR price set by TEXIBLE in a separate price list.
The customer as well as TEXIBLE shall keep confidential and not disclose to third parties any information they mutually receive in connection with their business relationship and its execution. However, TEXIBLE is entitled to use customer data for marketing purposes, e.g. references.
11. Data protection
Personal data processed by TEXIBLE is provided directly by the user and is necessary for the performance of the contractual services. Personal data will only be transferred to other companies if this is necessary for the proper performance of the contractual services, the handling of the User’s affairs or other business activities of TEXIBLE. Further information on the processing of personal data can be found in the data protection section of https://www.TEXIBLE.com/xyz/.
12. Final provisions
12.1 Verbal collateral agreements do not exist.
12.2 In order to prevent misunderstandings, amendments and supplements to the contract must be in writing to be effective. This shall also apply to any agreement to waive the requirement of the written form.
12.3 Should individual provisions of these General Terms and Conditions of Sale or of the contracts supplemented by them be invalid in whole or in part, the validity of the remaining provisions shall not be affected. TEXIBLE and the customer shall decide on a new provision in place of the invalid provision or the provision requiring supplementation or interpretation which comes as close as possible to the intended, economic purpose.
12.4 All relations between TEXIBLE and the customer shall be governed exclusively by Austrian law. The UN Convention on Contracts for the International Sale of Goods as well as the International Private Law shall not be applicable.
12.5 Both TEXIBLE and the customer shall first try to find an out-of-court solution, e.g. by mediation, for all disputes arising from the contracts, offers and deliveries or relating to their violation, dissolution or nullity. If no agreement is reached within four weeks, such disputes shall be finally settled by the competent court in 6800 Feldkirch/Austria.
12.6 If one party to the contract is prevented or in default with the performance of a contractual obligation, such party shall immediately inform the other party about the event, the impaired contractual obligation and the expected duration of the event. If an act of force majeure prevents or delays the performance of a contractual obligation for more than 90 days, either party shall be entitled to terminate this Agreement with reasonable notice.
12.7 In the event of any inconsistency between the English and German versions of the General Terms and Conditions of Sale or other legally relevant documents, the German version shall prevail.