General Terms and Conditions
All contracts between i2 infrared technologies LLC (hereinafter referred to as „i2“) and customers or trade partners (hereinafter referred to as „partner“) are concluded on the basis of these terms and conditions, applicable in their latest version.
By signing a contract or placing a written order, the partner acknowledges the applicability of these Terms. Terms and Conditions of the partner do not apply. Oral agreements need to be confirmed in writing. Should any these provisions or parts thereof be found illegal, incomplete or ineffective, the remaining provisions shall be deemed unaffected and in full force.
All plans, sketches, quotes, price lists and customer lists or other materials such as catalogues, brochures, test units or marketing materials and any other business-relevant materials and information („confidential information“) remain intellectual property of i2 and are protected by applicable copyright laws. Unauthorized use, copying, or disclosure and distribution (including parts of information) are a violation of company rights and shall entitle i2 to injunction and legal remedies. Damage claims reserved. The partner further warrants to keep knowledge gained from the business relationship confidential.
Quotes are prepared with utmost care. Should the preparation of a quote incur undue costs, i2 reserves the right to invoice these costs accordingly. In case of placement of an order, these costs will be reimbursed. Quotes are non-binding and do not constitute a valid offer. In case of an inevitable rise in prices up to 15% (fifteen per cent) of the estimated price, i2 reserves the right to charge the partner at this higher rate without prior notification.
All offers are non-binding.
All prices are calculated excluding assembly or installation, transport and taxes; these charges shall be added on the invoice. In case of an unexpected rise of costs in the supply chain or in production, i2 reserves the right to adjust prices accordingly. Cash and other discounts are subject to individual negotiation and in need of written confirmation.
In case of delay of payment, the partner shall be liable for all costs incurred for payment requests, collection and legal counsel. Additionally, i2 is entitled to charge interest at a rate of 10 % (ten per cent) above the base interest rate, without prejudice to documented higher interest claims.
Products remain property of i2 until paid in full. Resale before complete payment needs to be permitted in writing. In case of violation, the purchase price claim shall be deemed transferred to i2.
In case of cancellation, the partner agrees to reimburse i2 for all documented expenses, at least a cancellation fee of 10% (ten per cent) of the value of the goods purchased. Further claims reserved.
The partner shall bear the risk of delivery, unless other arrangements have been confirmed in writing.
Delivery times given by i2 are mere estimates. The partner shall accept minor transgressions of the delivery estimate. If a delay is caused by circumstances outside of the sphere of influence of i2, the partner shall be notified in case of non-minor delays. The delivery estimate shall be adapted accordingly.
Transport Insurance is mandatory for any delivery to i2.
i2 guarantees the proper functioning of products for a period of 2 (two) years (for consumers) or 1 (one) year (for businesses) from the time of delivery in case of correct and economic use as instructed in the user manual.
The burden of proof for any defect shall be borne by the partner. Defects must be reported immediately, latest within 8 (eight) days following receipt of the goods. Without prejudice to cases where the legal right to change cannot be waived, i2 may settle a claim, at its discretion, by repair, replacement or price reduction.
The warranty period starts anew for repaired and replaced parts, at the latest it shall end 6 (six) months after the original period would have ended.
Excluded from warranty are
– defects of naturally worn out parts;
– defects that occur due to improper use or every kind of (physical) interference by the partner or an unauthorized third party;
– defects due to chemical influences;
– excessive use beyond the capacity indicated by i2;
– defects that occur due to improper installation, connection, electrical overload or use of unsuitable materials by the partner or an unauthorized third party;
– products whose data plate has been damaged, altered or removed;
– products that have been subject to repair or replacement efforts by the partner or an unauthorized third party.
Please observe the user manual for questions regarding installation, use and repair of the product. Information provided by i2 in catalogues, brochures, marketing materials or a source of a similar kind, does not entitle the partner to a warranty claim.
Damages and Liability
All damage claims must be made immediately after, at the very latest within 3 (three) years (for consumers) or 6 (six) months (for businesses from knowledge of the alleged damage.
Mild negligence, consequential damage, pure financial loss, indirect damage and loss of profit are excluded.
The court having subject-matter jurisdiction at the main office of i2 is deemed the legal forum for all disputes arising under the contract. The main office location is deemed place of performance for payment and delivery.
Austrian substantial applies. UNCITRAL law is excluded. Contract languages are German or English.