General Terms and Conditions of Sale and Delivery

of by HCD-Hiller – Rainald Hiller

1. Scope of Application

These Gen­er­al Terms and Con­di­tions of Sale and Deliv­ery are applic­a­ble to all our deliv­er­ies of goods and, mutatis mutan­dis, to the pro­vi­sion of ser­vices by us, even if such deliv­er­ies and/or ser­vices are per­formed with­out using or express­ly refer­ring to these Gen­er­al Terms and Con­di­tions of Sale and Deliv­ery. Upon plac­ing an order, or, at the lat­est, upon receipt of the arti­cle and/or ser­vice, the Buy­er acknowl­edges these Gen­er­al Terms and Con­di­tions of Sale and Deliv­ery. Mod­i­fi­ca­tions or side agree­ments shall not be valid unless con­firmed in writ­ing by us and shall only apply to the respec­tive indi­vid­ual trans­ac­tion. Devi­at­ing terms of con­tract of the Buy­er are express­ly con­tra­dict­ed. The send­ing of a con­fir­ma­tion of order by us will also not be deemed an acknowl­edge­ment of the terms of con­tract of the Buyer.

Our offers are made entire­ly with­out engage­ment. This also applies to illus­tra­tions, draw­ings and indi­ca­tions of weight and dimen­sions. Orders placed by the Buy­er will not be deemed accept­ed unless and until they have been con­firmed in writ­ing by us or the deliv­ery and/or ser­vice has been per­formed by us. We have the right to accept orders only in part or reject orders with­out stat­ing any rea­sons therefor.

2. Prices

Our prices are quot­ed includ­ing (Austrian)VAT and for­ward­ing cost.

The prices set forth in our price lists are sub­ject to change with­out notice. The price accord­ing to the price list applic­a­ble on the day of plac­ing the order will be charged, regard­less of pos­si­ble dif­fer­ent prices as of the day of plac­ing the order.

3. Delivery, Delivery Period

Deliv­ery dates are stat­ed with­out engage­ment. Fail­ure to com­ply with deliv­ery dates shall in any event only give rise to a right of the Buy­er to assert the rights due to the Buy­er by law if we fail to per­form the deliv­ery and/or ser­vice in spite of hav­ing been grant­ed a grace peri­od of at least four weeks in writing.

The peri­od for deliv­ery shall be pro­longed by all cir­cum­stances which are beyond the con­trol of the par­ties, such as, e.g., fail­ure of upstream sup­pli­ers to make deliv­ery with­in due time, the sit­u­a­tion con­cern­ing raw mate­ri­als, cas­es of force majeure, unfore­see­able inter­rup­tion of oper­a­tions, inter­fer­ence by the author­i­ties, delay in trans­port and clear­ance through cus­toms, dam­age to or loss of goods in tran­sit, short­age of ener­gy, raw mate­ri­als and oth­er mate­ri­als, sub­stan­dard qual­i­ty of impor­tant pro­duc­tion parts and labor dis­putes, in each case by the dura­tion of the impediment.

The Buy­er is oblig­at­ed to prompt­ly take deliv­ery of the arti­cle and/or ser­vice upon being informed that it has been made avail­able. In the event of a default of the Buy­er in tak­ing deliv­ery, the Buy­er will be liable to pay stor­age charges, with­out prej­u­dice to any oth­er rights which may be due to us. To the extent that par­tial deliv­er­ies are pos­si­ble, they are also legal­ly per­mis­si­ble. Each par­tial deliv­ery will be deemed a sep­a­rate trans­ac­tion and can be invoiced sep­a­rate­ly by us.

4. Performance and Passing of the Risk

The risk shall pass to the Buy­er upon deliv­ery of the arti­cle to the for­ward­ing agent or car­ri­er, but not lat­er than upon leav­ing the fac­to­ry or the ware­house. This shall also apply in the event that deliv­ery is made by us free place of des­ti­na­tion using our own vehi­cle or a third-par­ty vehi­cle. Deliv­er­ies on call will be deemed to have been called one year after the plac­ing of the order at the lat­est. In the absence of spe­cial instruc­tions of the Buy­er, deliv­ery will be made by exer­cis­ing our best judg­ment and with­out any war­ran­ty for select­ing the quick­est and cheap­est mode of dis­patch. Pack­ag­ing mate­r­i­al will be charged at cost and will not be tak­en back.

5. Notification of Defects and Warranty

Prompt­ly upon receipt there­of, the Buy­er shall exam­ine the arti­cle sup­plied and/or the ser­vice per­formed for com­plete­ness, cor­rect­ness and free­dom from any oth­er type of defect and shall noti­fy pos­si­ble defects in writ­ing with­out delay but not lat­er than five work­ing days after receipt of the arti­cle and/or ser­vice. If goods are dis­patched direct­ly to third par­ties, the peri­ods for exam­in­ing the arti­cle and com­ply­ing with the oblig­a­tion to noti­fy defects shall com­mence upon receipt of the arti­cle by the third party.

The war­ran­ty peri­od for any type of deliv­ery and/or ser­vice shall be six months as from the pass­ing of the risk.

Fit­ness for a par­tic­u­lar use is only war­rant­ed by us if we express­ly under­take such war­ran­ty. At our choice, our war­ran­ty is lim­it­ed to the deliv­ery of a sub­sti­tute arti­cle of the same type and quan­ti­ty or to rem­e­dy­ing the defect. In case of goods and/or ser­vices pro­vid­ed on the basis of spec­i­fi­ca­tions and instruc­tions of the Buy­er, we only war­rant that per­for­mance has been made in accor­dance with the agreed terms. The war­ran­ty peri­od shall not com­mence anew on account of the deliv­ery of sub­sti­tute goods and/or the rem­e­dy­ing of defects.

6. Damages

Dam­age claims of the Buy­er, based on what­ev­er legal ground, in par­tic­u­lar dam­age claims on account of delay or default, impos­si­bil­i­ty of per­for­mance, pos­i­tive breach of con­tract (pos­i­tive Forderungsver­let­zung), cul­pa in con­tra­hen­do, con­se­quen­tial dam­age, defects and dam­age claims in tort, are exclud­ed to the extent that they are not caused by intent or bla­tant gross neg­li­gence on our part.

The instruc­tions for assem­bly, com­mis­sion­ing and use (oper­at­ing instruc­tions) issued by us for the goods deliv­ered and/or ser­vices per­formed must be manda­to­ri­ly com­plied with. The non-respect of such instruc­tions or the non-com­pli­ance with licens­ing con­di­tions imposed by the author­i­ties relieves us of any liability.

The Buy­er takes note of the fact that non-obvi­ous struc­tur­al weak­ness­es can­not be exclud­ed. The Buy­er there­fore under­takes to sub­ject these prod­ucts to inspec­tion pri­or to use. To the extent that the prod­ucts are installed or oth­er­wise con­nect­ed with oth­ers, they shall in any event also be checked by the Buy­er by suf­fi­cient tri­als pri­or to use. The Buy­er will be liable to us for any and all dis­ad­van­tages which may arise for us from a non-per­for­mance of such obligations.

7. Conditions of Payment

Our invoic­es are payable at the point of the order by the pay­ment options avail­able in the web­shop (pay­ment in advance, cred­it cards). If pay­ment is not made with­in due time (in advance), we shall charge default inter­est in the amount of the default inter­est rate charged by the banks from time to time, but at least 12% p.a., as from the 15th day after the date of the invoice, unless high­er costs are incurred by us. The costs of reminders, inquiries and oth­er costs con­nect­ed with col­lect­ing such debts shall be borne by the Buyer.

Bills of exchange and checks will be accept­ed by us, but cred­it to the Buyer’s debt will be made only after actu­al receipt of the funds.

The Buy­er is not enti­tled to set-off or to assert a reten­tion right.

If the Buy­er is in default with pay­ment or any oth­er per­for­mance to be made by Buy­er, we are enti­tled, with­out prej­u­dice to any oth­er rights we may have, to with­hold our deliv­er­ies and/or ser­vices (while pre­serv­ing the peri­od still allowed for deliv­ery) until the agreed counter-per­for­mance has been made, or to can­cel the con­tract after a rea­son­able grace peri­od has elapsed and demand dam­ages for non-per­for­mance. In the lat­ter case we are enti­tled to demand and/or retain the agreed down-pay­ment, but not less than 15% of the price, as a min­i­mum penalty.

8. Retention of Title

a) Any and all goods deliv­ered shall remain our prop­er­ty until our claims, includ­ing our future claims, have been paid, in case of cur­rent accounts until any bal­ance in our favor result­ing from any deliv­ery what­so­ev­er has been paid, even if spe­cif­ic claims have been des­ig­nat­ed when mak­ing a payment.

b) The Buy­er is enti­tled to re-sell to third par­ties in the prop­er course of busi­ness the arti­cle deliv­ered by us. Already upon enter­ing into the con­tract, the Buy­er assigns to us all claims includ­ing all ancil­lary rights which the Buy­er may have against its cus­tomers but shall remain enti­tled to col­lect such claims as long as the Buy­er is not in default vis-à-vis us. We are enti­tled to inform the cus­tomers of the Buy­er of the assign­ment and/or demand of the Buy­er that the assign­ment be entered in the Buyer’s books. The Buy­er shall also pro­vide us with all doc­u­ments and infor­ma­tion nec­es­sary to enforce our rights. If any such invoiced amount which has been assigned is received by third par­ties, the Buy­er is oblig­at­ed to claim back such amount from the third par­ty and deliv­er such amount to us.

c) The Buy­er war­rants that we shall at any time have access to the premis­es of the Buy­er for the pur­pose of inspect­ing the goods which are sub­ject to reten­tion of title. If the Buy­er is in default with the pay­ment oblig­a­tions incum­bent on the Buy­er, if insol­ven­cy pro­ceed­ings against the Buy­er are applied for or insti­tut­ed, or if the Buy­er vio­lates any oth­er duties aris­ing under the con­tract, we shall have the right to demand sur­ren­der of the goods which are sub­ject to reten­tion of title, col­lect such goods and/or col­lect claims which have been assigned as secu­ri­ty; in such case, the con­tract may be main­tained in force, if we so choose.

9. Applicable Law, Place of Performance, Jurisdiction

The legal rela­tions with the Buy­er shall be gov­erned exclu­sive­ly by Aus­tri­an law, exclud­ing the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods. The place of per­for­mance for all oblig­a­tions aris­ing under this con­tract shall be Neusiedl am See, Austria.

a) It is agreed that the place of juris­dic­tion for all dis­putes which arise direct­ly or indi­rect­ly under the con­tract with any coun­ter­par­ty hav­ing its cor­po­rate seat in a mem­ber state of the Euro­pean Inter­nal Mar­ket and/or hav­ing its cor­po­rate seat in a state which has rat­i­fied the so-called Lugano or Brus­sels Con­ven­tion on the basis of the Offi­cial Jour­nal L 319, 25/11/1988, or the Offi­cial Jour­nal L 299, 31/12/1972, (togeth­er with the con­sol­i­dat­ed ver­sions), respec­tive­ly, shall be the com­pe­tent court in Vien­na, first dis­trict, hav­ing sub­ject-mat­ter juris­dic­tion. How­ev­er, we are also enti­tled to sue in a dif­fer­ent court hav­ing juris­dic­tion over the Buy­er and the sub­ject matter.

b) It is agreed that all dis­putes which arise direct­ly or indi­rect­ly under the con­tract with any coun­ter­par­ty hav­ing its cor­po­rate seat out­side a mem­ber state of the Euro­pean Inter­nal Mar­ket or hav­ing its cor­po­rate seat in a state which has not rat­i­fied the so-called Lugano or Brus­sels Con­ven­tion shall be exclu­sive­ly set­tled by the Court of Arbi­tra­tion of ICC Aus­tria under the rules gov­ern­ing its pro­ceed­ings. The arbi­tra­tion pro­ceed­ings shall be held in Vien­na, Austria.

Dispute resolution

We under­take to take part in the arbi­tra­tion pro­ceed­ings of the Inter­net Ombuds­man in disputes:
Inter­net Ombudsman
Mar­gareten­straße 70/2/10
A‑1050 Wien

Fur­ther infor­ma­tion on the pro­ce­dures can be found at or in the respec­tive pro­ce­dur­al guidelines:

Pro­ce­dur­al Guide­lines of the Inter­net Ombuds­man for the Alter­na­tive Dis­pute Set­tle­ment under the AStG (AStG-Schlich­tungsver­fahren) Guide­lines AStG-Pro­ce­dure (PDF).

Guide­lines for the Con­cil­i­a­tion Pro­ce­dure for the Inter­net Ombuds­man out­side the Scope of the AStG (Stan­dard Pro­ce­dures) Guide­lines Stan­dard Pro­ce­dures (PDF)

The OS plat­form can also be used to resolve dis­putes with our com­pa­ny: Link to the OS plat­form:

Our e‑mail address:

10. Other Provisions

A trans­fer to third par­ties of the rights aris­ing under the con­tract entered into with us is not per­mit­ted unless with our writ­ten con­sent. If indi­vid­ual claus­es of the Gen­er­al Terms and Con­di­tions of Sale and Deliv­ery are invalid in law, the remain­ing pro­vi­sions and the con­tracts entered into on the basis there­of shall remain in force. The invalid pro­vi­sion shall be replaced by a valid pro­vi­sion which comes clos­est to its intent and purpose.