General Sale, Delivery & Payment Conditions

1. The contract becomes binding, on the part of the company H. u. J. Steiner GmbH upon receipt of the contract document(s). The contract is binding for the customer and cannot be revoked without full payment of originated expenses, costs and losses incurred by the company. Orders, purchases from clients that do not adhere or conform to these conditions of business will not be accepted. Any deviations from the conditions of contract (contract terms) must be put in writing to be effective and binding.

1.1. Any oral acceptance, confirmations or commitments made by co-workers or staff members are only then binding when put in writing.

2. The delivery date is determined only after clarification of all technical and commercial details and payment of deposit into company account and is not binding for the seller. A delay/postponement in the delivery time does not give the customer the right to compensation or to revoke, withdraw, change or cancel the contract or to claim a breach of contract or penalty from the company H. u. J. Steiner GmbH. Should a stipulated date be delayed by more than two weeks the client has reason to agree to a grace period of at least four weeks. The client can revoke, withdraw or cancel the contract, in writing and only after the agreed grace period expires. A delivery delay, where company H. u. J. Steiner GmbH is deemed at fault is only liable for any compensation demands from the client where gross negligence is present and proven.

2.1. The client is obliged, as much as is reasonable, to accept partial delivery where total and complete delivery was not arranged or is possible.

2.2. Where a consumer contract was entered into, the client has the right to withdraw from the contract under Austrian consumer protection law, §3 Abs. 1 KSchG, where the conditions of the regulations are met. Any such withdrawal must be explained and placed in writing.

2.3. Quotes & Estimates given orally are non binding, without obligation and free of charge. Estimates & quotes made in writing are for an initial time non binding, without obligation and free of charge. Further requests from the client for detailed plans and estimates are categorically free of charge, without obligation provided that consequently a contract is not entered into regarding the respective matter.

2.4. Plans, sketches, drafts and all other technical documents including brochures, catalogues, patterns, samples and the like, remain the intellectual property of the company. Every use, duplication, copy or reproduction requires the express consent of the company.

2.5. Any necessary grants, permits or approval required from or through a third party, notification or reporting to regularatory or council body is at the cost and responsibility of the client. It is the responsibility of the client to ensure that the committed product meets all necessary statutory and building regulations. Subsidiaries are valid and relevant for all services performed and must be in accordance with the pertinent, Austrian standards ("Ö-Norm").

2.6. Should the client provide plans or measurements himself, the client is responsible for their correctness and accuracy, in as much as it is agreed that any change was inevitable due to the inherent tendency of the material.

3. Assembly: is not included in the terms of delivery. Included in the price for transport and assembly is one delivery only. Therefore, the customer is responsible to ensure that on the appointed delivery date the building site is free of obstacles, hindrances and prepared for installation of the product. Any required trades people such as builders, masons, electricians, smithy and painters are the responsibility and under direction from the customer. The assembly staff are not required, nor have the authority to perform any work or service outside the jurisdiction of their job description. Any expenses incurred as a result of cleaning, removal of waste, rendering and paint work or the like are the responsibility of the client. Supporting structures, columns or walls must be prepared or fortified for anchoring and drilling work. Where these conditions are not met, the company is not liable for any damages incurred as a result. The company is not responsible for assessment, testing and evaluation of anchor points or supporting structures. It is a condition that electricity must be available to use on site. Post job work is to be completed on site. The client must acknowledge that throughout the process of assembly, the walls may for example be affected by dirt, discolouration or damage. Under such job related circumstances H. u. J. Steiner GmbH is not liable for any costs and should be rectified at finalization. Should any additional work or deliveries be required, which is deemed the fault of the client, the client is liable to reimburse H. u. J. Steiner GmbH. Reimbursement is required where further work or expenses are incurred on behalf of H. u. J. Steiner GmbH as a result of a third party that is assigned by the client, in some manner to contribute to the respective work on the building site. Assembly work or delivery that is delayed as a result or fault of the client after notification of the finished merchandise gives H. u. J. Steiner GmbH the right to manufacture the product and demand payment.

3.1. H. u. J. Steiner GmbH is liable only for damages incurred through gross negligence or intent. Where there is business dealings involving consumer goods this right does not extend to personal injury, mishandling of the product or goods in use.

4. Final Inspection: The buyer or a person designated by the client must at completion of all work, sign a document confirming full satisfaction, complete delivery and assembly. Where there is absence of the client throughout work rendered, the company H. u. J. Steiner GmbH is thereafter, not responsible or liable for any future claims. Any special requests must be stipulated and payed for.

5. Guarantee: The company guarantees the professional manufacture and completion of products, as outlined in the technical brochures, specifically the contract of sale. Manufacturing faults must be communicated in writing and registered within eight days of receipt of the goods. The respective faulty product or material must be returned to the company postage free and will be replaced at no cost – where it is deemed a fault is present. Any further claims against the company H. u. J. Steiner GmbH will be deemed invalid. On behalf of the client, it is reasonable to accept changes or alterations deviating from the agreed product where the deviation is minor and objective. Objective alterations refer specifically to materials, including measurement, color, wood grain, structure and the like. Throughout the heating-period it is necessary to ensure sufficient humidity, to prevent the raising of joints or other damage. Not adhering to these conditions exempts the company from any liability or fault. Further exemptions from the guarantee involve aesthetic concerns such as signs of aging, for example color fading, flaking of lacquer or coated surfaces. Solid Wood is a natural product which can have a tendency to show some color variations and differences in the appearance of the grain. Natural Variations in the surface appearance, pattern and color of the wood or component is reasonable and acceptable, along with slight movement over time. Shrinkage over time, of solid wood or more visible delineation of joints is related to climactic impact, as is the creaking of stairs. The above mentioned factors are not valid complaints or cause for reclamation.

5.1. Warranty claims will be rectified, free of charge, where a fault or defect is proven, and within the agreed period. Where it is not possible to rectify a fault, an agreed and appropriate price reduction or a replacement of the respective product is warranted. Where obvious faults or defects were not discovered and reported at delivery of the product or where the faulty product or component has been changed by a third party, except in the case of an emergency repair, claims will not be covered by the warranty (according to Austrian "HGB").

5.2. Warranty claims, that are based on terms outside and not included in the regulation (Austrian "Produkthaftungsgesetz, BGBl. 99/1988") are exempt and not covered by warranty.

5.3. To maintain the purchased product in good working order, requires adherence to the Austrian standards ("Ö-Norm"), instruction manuals, instructions of handling of deliverable products (i.e. user and care instructions) and necessary maintenance (tightening of screws) and other points of reference, directions or hints.

6. Transport: Dispatch of the merchandise will occur even where there is an unattended property, or no person to receive the goods, upon mutual agreement at the exclusive danger and risk of the buyer. Any damage noted must be immediately reported and registered with the freight company or person and the merchandise must not be accepted. Once a good(s) or product has been accepted or assembled a claim for faulty merchandise is no longer valid.

7. Payment: For all customised fabrications and stairs a 50 % deposit is required to confirm and accept the contract. The contract becomes effective only after receipt of the 50 % deposit. The outstanding amount is payable upon receipt of the goods. All payments must be made within an agreed period to the Head Office in Austria (A-3251 Purgstall, Oberndorfer Straße 54). Any late payment incurs an interest rate of 12 %, in addition to the 20 % Value Added Tax. The customer has no right to compensation or claims against the company H. u. J. Steiner GmbH.

7.1. In the case of cancellation on behalf of the client, irrespective of the justification, the company H. u. J. Steiner GmbH, has the right to claim compensation for losses and expenses incurred arising from the manufacture of the respective merchandise. Where the cancellation involves a customised order, a penalty of 30 % applies.

8. Proprietary Rights: The merchandise or the product remains the full property of the company H. u. J. Steiner GmbH until full payment is received for the merchandise, delivery and assembly services. In the case of default, the company reserves the right to take-back, disassemble, and keep the merchandise, at the full expense of the defaulting client.

9. Contract Alterations: The company H. u. J. Steiner GmbH reserves the right, without warning or notice to the client, to technically alter the ordered or purchased product on the grounds that it will lead to an improved or enhanced quality. Where a term is nullified, all remaining sale, delivery and payment terms remain unaffected and valid.

Court of Jurisdiction is 3270 Scheibbs, Austria