Basic Terms and Conditions

1. The following sales and delivery conditions shall apply exclusively as printed below.
2. The following General Terms and Conditions apply to all business relationships between us and our contractual partners (hereinafter referred to as: customers).
3. Deviating, conflicting, or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity has been expressly agreed to in writing.
4. Amendments and modifications require written form.
5. The following conditions shall also apply if the supplier makes deliveries to the customer with knowledge of conflicting conditions or conditions of the customer that deviate from the supplier's conditions.

Contract Conclusion and Price

1. Our offers are subject to change and non-binding.
2. If the customer requests changes to the delivery item in terms of design and execution that are feasible and reasonable for BEEP Mobility GmbH, BEEP Mobility GmbH will set out the implications, in particular with regard to additional and reduced costs as well as delivery dates, in an extended offer. Acceptance of the first (partial) delivery shall also constitute acceptance of the extended offer.
3. We reserve all proprietary and copyright rights to all our designs, plans, calculations, samples, cost estimates, drawings, and similar information of a tangible and intangible nature — including in electronic form. Without our express written consent, they may not be made accessible to third parties, not even in part.
4. We accept no liability for designs, drawings, unclear or verbal specifications, and other technical-technological documents received from the customer or from third parties on their behalf that are defective and lead to defects or rejects in the materials/components/end products to be processed. All costs incurred up to the identification of the defect shall be invoiced to the customer.
5. By placing an order, the customer bindingly declares their contractual offer. The contract shall only be concluded when we accept the contractual offer in writing.
6. The conclusion of the contract is made — notwithstanding the mandatory provisions of the Austrian Consumer Protection Act (KSchG) — subject to the reservation of not performing, or only partially performing, in the event of non-proper self-supply.
7. Subsequent amendments and additions to the contract require our written confirmation to be valid.
8. Services not covered by the express service descriptions of the contract must be agreed upon separately. In the absence of any deviating agreement, these services shall be governed by the General Terms and Conditions.
9. Our prices are ex works plus statutory value added tax. Packaging, freight, customs, and transport insurance costs shall be borne by the customer.
10. The offered prices are current daily prices and valid until revoked, provided the contract has not yet been concluded.

Payment Terms and Withdrawal 

1. Our invoices are due for payment promptly upon receipt of the invoice without deduction. The customer shall pay the invoice amount by bank transfer to one of our known bank accounts free of charges.
2. In the event of exceeding the payment deadline — subject to the assertion of further default damages — default interest of 10% p.a. from the due date until the date of payment is agreed in any case. The customer undertakes to bear all costs and expenses associated with the collection of the claim, including in particular collection fees or other costs necessary for appropriate legal enforcement.
3. Offsetting or withholding of payments on account of alleged counterclaims is — notwithstanding the mandatory provisions of the KSchG — excluded.
4. If the customer is in arrears with payment for more than 30 days, enforcement proceedings are carried out against them, or their financial situation deteriorates considerably, we are entitled to withdraw from all contracts not yet fulfilled or to demand advance payments.

Delivery 

1. Delivery dates and delivery periods must be agreed in writing, and any changes must be confirmed in writing.
2. In the case of design by BEEP Mobility GmbH, the delivery period commences only from the point of design freeze; otherwise it commences upon handover of the customer's drawings at the time of contract conclusion. In the event of subsequent contract changes (e.g. changes after the design freeze), the previously agreed date shall lapse and the customer and BEEP Mobility GmbH shall jointly agree on a reasonable new delivery date.
3. Compliance with agreed delivery dates and periods requires the timely receipt of orders and call-offs as well as all documents to be provided by the customer, along with the necessary approvals and releases.
4. Partial and advance deliveries are permitted.
5. The delivery period is met if the delivery item has left our premises before its expiry or readiness for dispatch has been communicated.
6. The delivery period is subject to unforeseen obstacles beyond our control or the control of our sub-suppliers, in particular in cases of force majeure, operational disruptions, material shortages, strikes, traffic disruptions, etc. To the extent that such events significantly affect the timely fulfillment of the contract, the delivery periods shall be extended accordingly; the same applies if the customer requests a change to the delivery item after conclusion of the contract and we agree to this change in writing. In any case, claims for damages or claims for cancellation of the contract due to delayed delivery are excluded unless gross negligence on our part is proven. The applicability of § 1298 second sentence of the Austrian Civil Code (ABGB) is excluded.
7. In the event that dispatch or acceptance of the delivery item is delayed for reasons attributable to the customer, the customer shall, commencing one month after notification of readiness for dispatch or acceptance, be obligated to pay the costs arising from the delay. In such cases, the payment period begins to run when readiness for dispatch of the delivery item has been communicated. In this case, we may either demand performance or withdraw from the contract after setting a reasonable additional deadline.
8. If the supplier is responsible for non-compliance with bindingly agreed deadlines and dates, a delay compensation of 0.5% per week, but capped at a total maximum of 5% of the invoice value of the service affected by the delay, shall apply.

Defects and Rectification 

1. BEEP Mobility GmbH warrants the contractual quality of the products or services to the extent that no further or other agreements have been made, whereby the warranty period commences upon delivery.
2. Claims for material defects shall become statute-barred 6 months after delivery.
3. Should a defect or fault in the delivered service or goods not be demonstrably attributable to BEEP Mobility GmbH, BEEP Mobility GmbH is entitled to invoice the customer for any expenditure incurred for fault-finding or rectification.
4. If the customer or a third party commissioned by the customer carries out modifications or repair work improperly and without prior authorization from BEEP Mobility GmbH, BEEP Mobility GmbH's liability for the resulting consequences shall lapse.
5. Additional expenditure arising from the delivery item having been brought to a location other than the original one shall not be borne by BEEP Mobility GmbH, unless this was the intended purpose of use.
6. Subsequent performance shall not cause the limitation period to recommence. The customer's rights to withdraw from the contract or to reduce the price shall remain in place if rectification of the defect ultimately fails within a reasonable additional deadline set in writing by the customer's contact person.

Transfer of Risk 

1. The risk of accidental loss and accidental deterioration of the delivery item passes to the customer upon handover; in the case of a sale involving shipment, however, as soon as we have given the forwarding agent, carrier, or other person or institution designated to carry out the shipment the opportunity to take over the delivery item for loading. Delivery is always at the expense and risk of the customer. If delivery is delayed for reasons attributable to the customer, the risk passes to the customer on the day we declare readiness for dispatch.
2. We accept no liability for damage and loss during transport.
3. In the absence of specific delivery instructions from the customer, we shall effect shipment by the best route at our discretion. Should the customer not provide any other instructions regarding insurance against transport damage, we may arrange this at the customer's expense without further notice. We are not, however, under any obligation to insure.

Retention of Title 

1. The delivery item shall remain our property, notwithstanding the earlier transfer of risk, until full payment of all liabilities of the customer arising from the contract.
2. The customer is obligated to treat the delivery item with care for the duration of the retention of title. Where maintenance and inspection work is required, the customer shall carry this out regularly at their own expense.
3. The customer must notify us immediately in writing of any third-party access to the delivery item, in particular enforcement measures as well as any damage or destruction of the delivery item. The customer must also inform pledgees of the retention of title. The customer shall compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against third-party access to the delivery item.
4. As long as the delivery item is our property, the customer is not entitled to pledge, transfer by way of security, or sell the delivered item to a third party (except in accordance with clause 6.e.).
5. The customer is entitled to resell the delivery item in the ordinary course of business. The customer hereby assigns to us all claims in the amount of the invoice value accruing to them from the resale against a third party, and undertakes to make a corresponding note in their books or on their invoices. We accept the assignment. Following the assignment, we are authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer fails to properly meet their payment obligations and falls into arrears. In the event of resale on credit, the customer shall in turn reserve title vis-à-vis their buyer. The customer assigns to us the claims and rights arising from this retention of title. We accept the assignment.
6. We are entitled, in the event of conduct by the customer that is contrary to the contract, in particular in the event of default in payment, to withdraw from the contract and demand immediate surrender of the delivery item. In addition, we are entitled, in the event of a breach of the above obligations, to withdraw from the contract and demand the surrender of the delivery item if it is no longer reasonable for us to adhere to the contract.
7. Any processing or transformation of the delivery item by the customer shall always be carried out in our name and on our behalf. If the delivery item is processed, we shall acquire co-ownership of the new item in proportion to the value of the delivery item supplied by us. The same shall apply if the delivery item is processed or mixed with other items not belonging to us.
8. The filing of an application to open insolvency proceedings or continued insolvency despite repeated reminders entitles BEEP Mobility GmbH to withdraw from the contract and demand the immediate return of the deliveries.

Warranty

1. The customer shall — notwithstanding the mandatory provisions of the KSchG — inspect each delivery thoroughly immediately upon receipt. Complaints regarding incomplete delivery or discovered defects must be reported in writing immediately upon receipt of the individual deliveries; otherwise the delivery shall be deemed accepted without reservation and any related warranty and damage claims shall be deemed waived.
2. The defect must be identified as clearly as possible in terms of its nature and extent so that we can clearly identify the reason for the complaint. The customer is obligated to ensure the temporary storage of the disputed delivery item.
3. Otherwise, we shall be liable for defects in the delivery to the exclusion of further claims as follows: All parts that, within one year — notwithstanding the mandatory provisions of the KSchG — calculated from the date of delivery, demonstrably become unusable or whose usability is substantially impaired as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, poor materials, or defective workmanship, shall be repaired or replaced free of charge at our discretion — notwithstanding the mandatory provisions of the KSchG. Natural wear and tear, defective material supplied by the customer, improper treatment, excessive use, negligence by the customer, and modifications without our approval shall exclude all warranty claims. Warranty claims can — notwithstanding the mandatory provisions of the KSchG — only be recognized if they are submitted to us in writing within one week of delivery. In the case of the sale of used delivery items and in the case of repair orders or modifications or conversions, we assume — notwithstanding the mandatory provisions of the KSchG — no warranty. The customer bears — notwithstanding the mandatory provisions of the KSchG — the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of its discovery, and for the timeliness of the notice of defect; in this sense, the presumption rule of § 924 ABGB is also excluded in particular. From the time of a repair carried out by us, the warranty period shall — notwithstanding the mandatory provisions of the KSchG — not recommence.
4. We do not provide guarantees to our customers in the legal sense. Manufacturer guarantees remain unaffected.

Limitations of Liability 

1. We shall only be liable for damages in cases of intent or gross negligence. The applicability of § 1298 second sentence ABGB is excluded. Liability for slight negligence, compensation for consequential damages and financial losses, unrealized savings, loss of interest, and damages arising from third-party claims against the customer are excluded.
2. The above limitations of liability do not apply — notwithstanding the mandatory provisions of the KSchG — in cases of personal injury or damage to health attributable to us, or in the event of loss of the customer's life.

Industrial Property Rights and Copyrights

1. If a delivery item is manufactured by us on the basis of design specifications, drawings, models, or other specifications provided by the customer, the customer shall indemnify and hold us harmless in the event of any infringement of property rights.
2. Execution documents such as plans, sketches, models, fixtures, and other technical documentation, as well as samples, catalogues, brochures, illustrations, and the like, shall always remain our intellectual property and are subject to the relevant statutory provisions regarding reproduction, imitation, and competition.

Privacy Policy

1. In accordance with data protection regulations, the customer consents to their personal data being collected, processed, deleted, and used in an automated manner for business purposes.
2. The customer has the right to withdraw the above consent at any time with effect for the future.

Final Provisions

1. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic outcome comes as close as possible to that of the invalid provision.
2. The place of performance for delivery and payment is exclusively Mauer. The District Court of Amstetten is agreed as the sole place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. For consumers, § 14 KSchG applies.
3. Austrian law shall always apply to the contractual relationship between the customer and us. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply; all of this notwithstanding the mandatory provisions of the KSchG.
4. Amendments or additions to these General Terms and Conditions or contracts concluded on the basis thereof require written form to be effective. This also applies to any departure from this formal requirement.
5. The mandatory rights of a consumer under the KSchG shall in no case be restricted by any of the aforementioned conditions.