General Business Terms of Furni Rent GmbH
1. General information
The concrete general business terms apply to all future agreements with our customers and business partners. Rental is entirely on the foundation of our general business terms. Differing business terms of our customers and business partners which we do not acknowledge in writing, are noncommittal, even if we do not contradict them. If single clauses of our general business terms become inoperative, all other terms remain in effect. These inoperative terms will be replaced by legitimate ones in order to achieve the economic aim as far as possible. Alterations and additions to concluded contracts are only valid with our written confirmation. The same applies to the assurance of other features.
2. Place of contract/Court of jurisdiction/applicable rights
Place of contract is the headquarters of our company. Court of jurisdiction for all disputes resulting from the business connection is Klagenfurt. The Austrian law applies to the business terms on hand and all lawful connections between the parties of the contract.
3. Terms of payment/illegal compensation
The rent is due according to the contract. In-coming payments are always credited to the oldest account, even if it has a different dedication. The lessor is not obliged to accepting cheques or bills of exchange. If you do not keep to the payment schedule, the lessor has the right to claim interest of 1% p.m. beginning at the settlement date. The rent value is to be kept to the consumer price index of the Austrian Statistic Central Office in Vienna or any other replacing index. The renting party has to make the payment on the settlement date in the same relation as the raised index rate according to the month of contract conclusion. Fluctuation (up to 5%) in either direction is not taken into account. This margin is used starting with the index figure of the month of contract conclusion and is adapted after every alteration of the index figure. The nearest index figure outside the margin is the base for placing the new margin. The renting party does not have the right to partly or fully cut back the monthly payment to compensate any counter demands. Counter demands which the lessor accepts in writing, or which have been declared by law are an exception.
4. Security
The renting party is committed to guarantee a security for all claims on our stock in the form of an abstract bank guarantee for an indefinite period, made out by an inland credit institution or bank. This is to be handed over at contract conclusion. The sum depends on the period of validity of the contract and must cover 50% of the contract sum. With the lessor's permission, the bank guarantee can be replaced by a similar resource of security.
5. Responsibility by hazards
Unexpected events, such as acts of God, war, revolt, strikes, power cuts, or other delays in the production which are not due to our fault, difficulties in obtaining materials, breakdowns, difficulties of transportation or other things of that kind, release us from keeping to the arranged delivery date. The customer is committed to accepting the goods if the extension of the delivery period is within reason,
according to the cause of delay, and cannot make use of the right of withdrawal. The customer cannot claim for compensation if the delivery of the goods is delayed due to the reasons given above. Partial or earlier delivery must be accepted by the customer and can be debited to the account.
6. Liability of the customer
Compensation claims cannot be made by the customer, especially by delay, impossibility of fulfilment, being in debt at the contract conclusion and by illegal actions, as long as the damage is not caused deliberately or by gross negligence. The lessor is responsible for incurring damage of the goods, according to the product liability law. The lessor, as well as the suppliers are not responsible for any damage which happens after delivery. By non-compliance of the conditions for assembling, commissioning and use, or the conditions of authorization, no compensation can be claimed.
7. Responsibility of the customer
The customer is committed to treating the furniture well. On delivery he must ensure that all goods are in correct condition. If there are any faults, then the customer must report this in writing within 5 days of delivery. If the customer does not make use of this right, then he accepts the delivery according to the regulations. The customer is committed to insuring all goods, at his own cost, against all risks he or a third person might take towards our company, from dispatching or taking over from our warehouse until returning back to the warehouse. The customer is also committed to informing us immediately of all damage done to the furniture or any faults which appear, or of any loss of furniture. The customer has no right to pawn any of the rented furniture, or to offer it as a financial security. The seizure of our goods through other creditors is to be reported to us immediately.
8. Notice of withdrawal
The rental contract can be cancelled without further notice if:
a. the customer does not fulfil his duty regarding the monthly payments, or if the payments are more than one month behind,
b. the customer uses the furniture contrary to the contract or passes it on to another person,
c. the customer neglects his duties concerning the contract, thus possibly causing damage to the furniture.
In the case of notice the lessor has the right to collect all items immediately. For this purpose the customer must allow the lessor or an authorized representative to remove the furniture and he must accept the removal, without taking any further lawful steps. The customer will be charged for expenses which are caused in this case, such as freight or other additional costs.
If the property of the lessor is subject to bankruptcy proceedings, the lessee has the right to take possession of the furnishing by paying the outstanding rentals minus the interest rate.
