General Terms and Conditions of Stab Constructions GmbH

FENSTERNORM® is a globally patented and recognised trademark (International Registration No. 1 378 848) and serves as the umbrella brand for our products and for our company operating in Europe, STAB Constructions GmbH.

1. General Provisions

All deliveries, services and offers, including future deliveries, services and offers, made by STAB Constructions GmbH shall be subject to the following General Terms and Conditions. Amendments or ancillary agreements with business customers shall only be valid if confirmed by us in writing and shall apply solely to the respective individual transaction.

Any conflicting terms and conditions of the customer are hereby rejected; they shall not be binding upon us even if we have not expressly objected to them. The transmission of our order confirmation shall likewise not constitute acceptance of the customer's terms and conditions, provided that we refer to the applicability of our General Terms and Conditions no later than upon issuance of the order confirmation.

At the latest upon placement of an order by the customer, these General Terms and Conditions shall be deemed accepted, provided that the customer has previously been informed of their applicability.

These General Terms and Conditions apply both to consumers and to business customers, unless individual provisions expressly apply only to transactions with consumers or business customers.

2. Conclusion of Contract

The information available on our website or provided at the customer's request is non-binding and subject to change and shall merely be understood as an invitation to the customer to submit an offer. The customer may place an order in writing, by fax or electronically via our website. By placing an order, the customer submits a binding contractual offer.

For goods ordered electronically, we shall confirm receipt of the customer's order without undue delay. Confirmation of receipt does not constitute binding acceptance of the order. A contract shall only come into existence upon issuance of the order confirmation (declaration of acceptance) by STAB Constructions GmbH.

We point out that our products are generally custom-made and that, before issuing our declaration of acceptance, we must verify both the availability of the ordered goods and any product price calculation automatically generated on our website. For this reason, we are entitled to accept the contractual offer contained in the customer's order within two weeks by means of a written order confirmation.

Due to the custom-made nature of the products, changes to or cancellations of orders following the order confirmation are only possible within a period of 24 hours after conclusion of the contract.

The scope, type and timing of the respective delivery shall be governed by our order confirmation or invoice corresponding to the customer's contractual offer.

If we do not send the customer an order confirmation corresponding to the customer's offer (order), but instead submit a counter-offer containing changes compared with the original order, such counter-offer may, due to price fluctuations on the raw-material market and at the manufacturers, be accepted by the customer in writing only within two weeks, unless expressly stated otherwise in the counter-offer.

In such case, the contract shall come into existence upon the customer's declaration of acceptance, and any subsequent order confirmation issued by us shall merely record the agreement already concluded with the customer.

General advertising and information materials relating to our services shall not be understood as guarantees of specific characteristics of our products. Information contained therein shall become a binding part of the contract only if expressly agreed between the contracting parties or otherwise incorporated into the respective contractual declaration.

3. Cost Estimates and Planning Documents

Cost estimates do not oblige us either to accept an order or to perform the services specified in the cost estimate.

Cost estimates shall only be binding upon us if expressly stated as such in the cost estimate or if this has been agreed with the customer prior to preparation of the cost estimate. Otherwise, our cost estimates and offers are generally non-binding.

Cost estimates and offers are prepared to the best of our professional knowledge. Circumstances specific to an individual order that could not reasonably have been recognised by us cannot be taken into account.

Services associated with the preparation of a cost estimate beyond the cost estimate itself, such as planning work, shall be charged separately at reasonable rates; in the case of consumers, however, only if they have previously been informed of the applicability of these General Terms and Conditions or of the fact that the cost estimate is subject to a charge.

We accept no responsibility for execution documents provided to us by our customers and, in particular, shall not be liable for defects contained therein unless we have breached our duty to warn in relation to obviously incorrect documents pursuant to § 1168a ABGB. We have no further duty to investigate.

The customer shall be responsible for the accuracy of any samples, drawings, designs, plans or documents provided by the customer. The customer shall furthermore be responsible for holding all necessary rights to the samples, drawings, designs, plans or similar documents submitted and shall indemnify and hold us harmless against any claims made by third parties.

4. Prices

Unless otherwise agreed, the sales prices stated in our offers or order confirmations are exclusive of VAT, transport and other ancillary costs and any applicable customs duties.

Any customs duties and taxes shall be determined according to the contents of the shipment. This applies to deliveries to customers outside the European Union.

In dealings with consumers, we shall disclose in advance the amount of applicable taxes and charges. Where these cannot reasonably be calculated in advance, we shall disclose the exact method by which they will be calculated.

Any cash discounts or other discounts granted shall apply only to the respective delivery and shall not apply to subsequent orders or deliveries. This shall also apply where we do not expressly object to deductions made by the customer in connection with subsequent orders or deliveries.

Prices and conditions displayed on our website or relating to previous orders are non-binding and subject to change and shall not be binding for repeat orders.

5. Payment

The customer may pay the purchase price in advance either in cash or by bank transfer. We reserve the right to exclude individual methods of payment. Bills of exchange and cheques, as well as currencies other than euro, are expressly not accepted.

Following receipt of the order confirmation, the customer shall pay a deposit amounting to at least 50% of the purchase price. Unless otherwise agreed in an individual case, the remaining balance shall be paid by the customer no later than one week prior to delivery/collection by bank transfer or in cash upon delivery/collection.

If, after conclusion of the contract, there are concrete and objectively justified grounds for assuming that the complete and timely payment of the outstanding balance is at risk, STAB Constructions GmbH shall be entitled to suspend further production until the outstanding balance has been paid or adequate security has been provided. The customer shall be informed thereof in writing. Where production is legitimately suspended, any agreed or anticipated delivery periods shall be extended accordingly.

Payment terms for installation services:

- Option 1: Payment in cash with a 50% deposit at the commencement of installation and a 50% final payment following completion and acceptance of the installation.
- Option 2: Payment by bank transfer with 100% advance payment, due four days prior to commencement of installation.

If payment deadlines are not complied with, we shall be entitled to charge default interest from the due date, irrespective of fault, at a rate of 9% per annum or, in the case of customers who are business customers, 9.2% above the base interest rate, but in any event at least 9% per annum.

Furthermore, where the customer is at fault, we shall be entitled to claim compensation for damages resulting from the payment default, including in particular the necessary costs of appropriate out-of-court debt collection or recovery measures, insofar as such costs are reasonable in relation to the claim being pursued.

In the event of payment default, we shall furthermore be entitled, after granting an additional period of 14 days, to withdraw from the contract with the customer and to claim damages for non-performance.

6. Delivery Periods, Delay in Delivery and Delay in Acceptance

Delivery or performance shall take place only after receipt of the agreed deposit. The respective contractually anticipated delivery period shall commence upon receipt of the agreed deposit.

We point out that compliance with the anticipated delivery periods depends on compliance with all preceding deadlines within the production chain and that, due to constantly changing conditions on the raw-material market, we must also accept non-binding delivery periods within the production chain.

Our information concerning delivery dates is therefore non-binding, and we shall not be liable for any delays, in particular delays caused by the manufacturing plants. Binding delivery dates and fixed-date transactions shall apply only where expressly agreed with the customer in an individual case.

However, if a delivery date agreed with a consumer, even if non-binding, is exceeded by STAB Constructions GmbH by more than 14 days, the customer shall be entitled to withdraw from the contract after granting an additional period of 14 days.

In the event of an impediment lasting longer than three months which is not directly attributable to the fault of STAB Constructions GmbH, we shall likewise be entitled to withdraw from the contract without any further mutual claims, except for the reversal of services and consideration already received.

We shall inform the customer of any foreseeable delays in delivery.

Where partial deliveries are possible, we may, at our discretion, make deliveries in parts. Each partial delivery shall constitute a separate transaction and may be invoiced separately by us.

However, if the customer validly withdraws from an outstanding partial delivery, such withdrawal shall also apply to the remaining partial deliveries if it is evident, or follows from the agreement between the parties, that the customer has no interest in receiving a partial delivery.

Delivery obligations and delivery periods shall be suspended for as long as the customer is in arrears with a payment due or fails to perform an action necessary for fulfilment of the order of which the customer has expressly been informed (e.g. creating the necessary conditions for an on-site measurement appointment).

Any mutually agreed or otherwise permissible amendment to an order shall result in a change to, or recommencement of, the original non-binding delivery period.

The customer is obliged to accept the goods without delay following notification that they are ready for collection or upon delivery.

In the event of delay in acceptance, the customer shall, without prejudice to any other rights of STAB Constructions GmbH, pay reasonable and customary storage costs.

If we are ready to perform our contractual obligations but the customer unjustifiably refuses to accept the performance or is in delay of acceptance, we shall be entitled to declare immediately due any remaining remuneration which had been agreed to become due only after performance.

7. Delivery and Shipping

Where our products are ordered without installation, our driver shall only deliver the goods to the agreed delivery location and shall not be responsible for unloading them.

The unloading of the products must be organised by the customer. In view of the weight of individual elements, the customer must, at their own risk and responsibility, obtain information about any equipment necessary for proper unloading. Any information provided by us in this respect shall always be voluntary and non-binding.

For consumers, we shall disclose the exact delivery and transport costs in advance or, where their exact calculation in advance is not possible, the method by which such costs will be calculated, unless collection by the customer has been agreed.

Any contractual offer made by a consumer prior to disclosure of the delivery and transport costs or the method of calculating them shall therefore be non-binding and shall merely constitute an enquiry.

The following additional or differing delivery and shipping conditions shall apply to business customers:

If neither collection by the customer nor shipping details have been agreed with a business customer at the time of ordering, transport shall be arranged at our reasonable discretion by an appropriately authorised commercial transport company at customary market conditions. We shall not be obliged to select the cheapest transport option currently known to us. We shall have neither a duty to conduct further investigations nor an obligation to obtain comparative quotations.

Shipping shall, without exception, be at the customer's risk, including where delivery is freight-free. Packaging material shall be charged at cost and shall not be taken back.

The customer shall be responsible for all customary and reasonable delivery and transport costs as well as applicable customs duties and taxes, irrespective of inaccurate or incorrect payment instructions or information. This applies to deliveries outside the European Union.

Benefit and risk shall pass to the customer upon handover of the goods to the carrier. This shall also apply where delivery takes place in connection with installation or where transport is carried out, organised or managed by us, unless we are at fault.

8. Installation

The installation of windows, doors and sun protection systems shall be carried out by STAB Constructions GmbH where this has been agreed with the customer.

The agreed price for installation work covers only those services which, on the basis of the information provided by the customer, could normally have been foreseen by us.

Any additional work required, in particular work resulting from instructions issued by the customer after conclusion of the contract, shall be charged according to the hourly rates notified for the individual case.

If no hourly rate has been agreed in the order, the customary industry hourly rates published on our website at https://fensternorm.com/montage shall be deemed agreed.

Adjustment services are offered by STAB Constructions GmbH exclusively where installation services have been agreed. For each order including installation, one adjustment within 12 months shall be provided free of charge.

Measurements by STAB Constructions GmbH are offered only in combination with installation.

If, exceptionally, the dimensions and details are provided directly by the customer without measurement by us, the customer shall be responsible to STAB Constructions GmbH for the accuracy of all dimensions, plans and drawings provided, as well as details such as opening configuration and opening direction.

If such information proves to be incorrect, any liability of STAB Constructions GmbH, in particular for the unsuitability of the goods supplied, shall be excluded.

9. Customer Obligations

The performance of services by STAB Constructions GmbH depends upon appropriate and timely cooperation by the customer.

The customer is therefore obliged to take all measures necessary to enable STAB Constructions GmbH to perform its services safely and on time.

In particular, the customer shall provide complete and accurate contact details (address, telephone number, e-mail address, fax) and shall notify STAB Constructions GmbH of any changes to such contact details.

If the customer provides incomplete or incorrect contact details, STAB Constructions GmbH shall not be liable, in particular for any resulting delays.

The customer must comply with delivery dates and ensure unobstructed access as well as an appropriate area for placing the delivered goods.

For adjustment or service work, the customer shall ensure unobstructed access to the window elements and sufficient removal of furniture and fragile objects. Otherwise, STAB Constructions GmbH shall not be liable for any resulting damage.

10. Retention of Title

The delivered goods shall remain the sole property of STAB Constructions GmbH until our total claim has been paid in full.

The total claim comprises both our claim arising from the delivery of the goods and claims arising from the delivery of other goods or services within the same order, even where part of such claims is not yet due, for example in the case of expressly agreed instalment payments.

Retention of title shall cease only once all of our claims against the customer have been settled.

The filing of legal proceedings for payment of the purchase price or part thereof shall not affect our retention of title; ownership of the goods shall pass to the customer only after all amounts due have been received by us in full.

For as long as our retention of title remains in force, the customer may dispose of the goods only with our prior written consent.

The customer hereby expressly assigns to us all claims and rights arising from any unauthorised disposal of the goods.

In the event that the goods are combined or processed with other goods, all resulting co-ownership rights shall accrue to us in place of the customer.

The customer shall immediately notify us of any attachment or other claim made against the delivered goods by a third party.

11. Exclusion of Assignment of Rights

Rights arising from the business relationship may not be assigned to third parties without our prior written consent.

12. Right of Withdrawal for Consumers

Customers who are consumers within the meaning of § 1(1)(2) KSchG generally have the right, pursuant to the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG), to withdraw within fourteen days, without giving any reason, from a contract concluded outside the business premises of STAB Constructions GmbH or concluded exclusively by means of distance communication.

However, pursuant to § 18(1)(3) FAGG, the right of withdrawal is excluded where the ordered goods are made to the customer's specifications or are clearly personalised to the customer's individual requirements.

With regard to the above information concerning the right of withdrawal, we point out that the goods offered by us are always manufactured according to dimensions specified by the customer or according to dimensions determined by us on behalf of the customer, so that the customer's right of withdrawal is in any event excluded once production has commenced.

Nevertheless, STAB Constructions GmbH grants a right of withdrawal only within 24 hours after conclusion of the contract, whereby Saturdays and Sundays are not included in this period.

13. Product Characteristics and Statutory Warranty

The following provisions apply to the visual quality of goods supplied by STAB Constructions GmbH. Occasional variations in visual quality as described below shall not constitute a defect.

General:
Certain physical effects may be visible on the glass surface and must not be taken into account when assessing visual quality. They shall not be regarded as defects.

Inherent colour:
Due to the iron oxide content of the glass, the coating process, the coating itself, variations in glass thickness and the structure of multiple-pane insulating glass, variations in colour appearance may occur and cannot be avoided.

Colour differences in multiple-pane insulating glass:
On façades containing coated multiple-pane insulating glass (IGU), different colour shades may occur. This effect may become more pronounced when viewed at an angle.

Possible causes of colour differences include slight variations in the colour of the substrate to which the coating is applied and slight variations in the thickness of the coating itself.

Interference effects:
In multiple-pane insulating glass made from float glass, interference effects may cause spectral colours to become visible.

Optical interference occurs when two or more light waves overlap at a single point. These effects are perceived as variations in the intensity of coloured areas and may change when pressure is applied to the glass.

This physical effect is further intensified by the parallel alignment of the glass surfaces. Interference effects occur randomly and cannot be avoided.

Specific effects resulting from barometric conditions:
A multiple-pane insulating glass unit contains a volume of air or other gases hermetically sealed by the edge seal.

The condition of the gas is primarily determined by the altitude above sea level, atmospheric pressure and air temperature prevailing at the place of manufacture at the time of production.

If the multiple-pane insulating glass unit is installed at a different altitude above sea level, or if the temperature or atmospheric pressure changes, the panes may deflect inward or outward, which may result in optical distortion.

Multiple reflections:
Multiple reflections of varying intensity may occur on the surfaces of glass units. These reflections are particularly visible when the background viewed through the glazing is dark.

This effect is a physical characteristic of all multiple-pane insulating glass units.

Condensation on the external surfaces of multiple-pane insulating glass:
Condensation may occur on external glass surfaces where the glass surface is colder than the surrounding air.

The extent of condensation on the external surfaces of a pane is determined by the U-value, humidity, air movement and internal and external temperatures.

Where the relative humidity of the surrounding air is high and the surface temperature of the pane falls below the ambient temperature, condensation will form on the glass surface.

STAB Constructions GmbH specifically points out that natural colour variations may occur in painted wooden elements and that such variations cannot be influenced by STAB Constructions GmbH.

Statutory warranty for colour variations resulting from natural processes is excluded.

All glazing is supplied in clear glass. Such glass has a slight tint, and the degree of tint depends on the respective thickness of the insulating glass unit. Clear glass means that no ornamental glass is used; however, the glass may nevertheless exhibit a tint within customary commercial tolerances.

Statutory warranty shall be excluded where a defect results from improper handling or use, insufficient maintenance, normal wear and tear, installation or connection of individual elements that is not professionally carried out or does not comply with the state of the art, or from other acts or omissions by the customer or third parties.

For business customers, statutory warranty shall be excluded where the windows are not maintained at least in accordance with the requirements of ÖNORM B 5305 for window maintenance.

Where improvements or modifications are carried out improperly by the customer or third parties, the statutory warranty of STAB Constructions GmbH for any resulting consequences shall be excluded.

For transactions with consumers:
The statutory warranty period for consumers is two years from delivery of the goods or performance of the service.

STAB Constructions GmbH shall be entitled to refuse the remedy selected where it is impossible or would involve disproportionate expense for STAB Constructions GmbH compared with the alternative remedy.

In such case, the consumer may choose between a price reduction or, unless the defect is only minor, rescission of the contract.

For transactions with business customers:
The customer shall inspect the goods immediately upon acceptance or arrival at the destination and shall notify STAB Constructions GmbH in writing of any defects without delay and, in any event, before installation. Otherwise, our delivery or service shall be deemed approved, unless the defect is hidden.

Hidden defects must be reported to STAB Constructions GmbH in writing immediately upon becoming apparent to the customer.

Glass breakage:
STAB Constructions GmbH shall only replace glass breakage where the breakage was already present at the time of handover and was recorded in writing on the delivery note, unless it can be demonstrated that the breakage resulted from a hidden defect.

The statutory warranty period for business customers shall be one year from delivery of the goods or performance of the service. The presumption under § 924 ABGB is excluded.

In transactions with business customers, STAB Constructions GmbH shall, at its discretion, initially remedy defects either by repair or replacement.

The possibility of special recourse pursuant to § 933b ABGB after expiry of the statutory warranty period is excluded.

14. Guarantee

The provisions concerning statutory warranty set out in Section 13 of these General Terms and Conditions shall remain unaffected by the guarantees set out below.

The following guarantees shall not apply to production-related or natural deviations or changes in the goods, in particular changes in their visual quality as described in Section 13 above, which cannot be influenced by STAB Constructions GmbH.

STAB Constructions GmbH provides no guarantee in respect of any rattling effects or bulging or concaving of glass panes caused by solar radiation.

In the case of larch, Oregon pine and pine, resin leakage may occur. This is a natural characteristic which cannot be influenced by STAB Constructions GmbH, and no guarantee is provided in this respect.

STAB Constructions GmbH provides a two-year guarantee for insulating glass units against condensation forming within the space between the panes. The guarantee applies exclusively to defects resulting from manufacturing or material defects.

The guarantee excludes any damage resulting from normal wear and tear, weather conditions or the use of aggressive or abrasive cleaning agents.

The guarantee is excluded if the required minimum distance from radiators of at least 30 cm is not maintained.

STAB Constructions GmbH furthermore provides a ten-year guarantee on profiles and a five-year guarantee on the mechanical function of hardware.

The guarantee applies exclusively to defects resulting from manufacturing or material defects. The guarantee covers only hardware and profiles exposed to normal weather conditions.

Where a valid guarantee claim exists, STAB Constructions GmbH shall provide the relevant material (profiles or hardware) free of charge.

The guarantee conditions apply subject to compliance with the installation and maintenance guidelines of STAB Constructions GmbH.

At the customer's request, replacement of hardware may be carried out directly by STAB Constructions GmbH or one of its subcontractors, with the labour time being charged to the customer.

Condensation between the panes and visible damage (scratches or internal contamination) to insulating glass units must be reported immediately after delivery.

For other products exposed to extreme weather conditions, such as sun protection systems, insect screens and window sills, STAB Constructions GmbH provides a two-year guarantee, provided that such products have demonstrably been professionally installed and properly used.

The guarantees described above shall cease to apply in the following cases:

- improper installation or improper use of the goods;
- missing or incorrect maintenance of wooden fittings, rubber seals and hardware contrary to the care and maintenance information published on our website at https://fensternorm.com/ratgeber/pflege-und-wartungshinweise-fuer-fenstern-und-tueren, supplied with the goods or electronically transmitted upon conclusion of the contract;
- damage caused by the customer, third parties or force majeure;
- failure by the customer to report discovered defects in writing within the required period, but no later than four weeks after becoming aware of the defect.

15. Claims for Damages in Business-to-Business Transactions

The following provisions apply exclusively to business customers:

We shall only be liable for intentional conduct or gross negligence.

STAB Constructions GmbH shall not be liable for consequential damage resulting from defects or other accompanying damage.

STAB Constructions GmbH shall not be liable for loss of profit or for indirect or consequential damages.

Claims for damages, in particular those relating to product defects, shall become time-barred six months after the customer becomes aware of both the damage and the party responsible for it.

16. Prohibition of Set-Off

For customers who are business customers, withholding payment or setting off counterclaims against our claims shall not be permitted unless we expressly acknowledge such set-off in writing and in a specified amount in the individual case or the counterclaim has been finally established by a court.

A consumer shall have the right to set off counterclaims in the event of our insolvency, where the counterclaims are legally connected with the consumer's obligation, or where the counterclaims have been established by a court or acknowledged by us in writing.

17. Data Protection

The collection and processing of personal data in connection with the business relationship shall always be carried out in accordance with our Privacy Policy, available at https://fensternorm.com/datenschutz.

18. Copyright and Terms of Use of the Website

All information, graphics and the design of the STAB Constructions GmbH website are intended solely for the personal information of customers.

We do not guarantee the continuous availability of the website.

All content on the STAB Constructions GmbH website is protected by copyright and may not be reproduced, distributed or made available to third parties for commercial purposes.

All documents provided by STAB Constructions GmbH in electronic or paper form, in particular prepared plans, designs or similar documents, shall remain our intellectual property.

Without our express written consent, the customer shall not be entitled to pass on, reproduce or otherwise use in any form plans, designs or similar documents prepared by us.

19. Service Notifications and Requests

Service notifications and requests must be submitted exclusively in writing to support@fensternorm.com.

Complaints must always be accompanied by photographs and a detailed description in order to enable customer complaints to be processed as quickly and efficiently as possible.

Adjustment of windows and doors which normally settle after installation is the responsibility of the company carrying out the installation.

Adjustment services are offered by STAB Constructions GmbH exclusively where our installation service has been used.

One adjustment per order is provided free of charge. Any further adjustment may be provided as a chargeable service.

20. Invalidity of Individual Provisions

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions or of the individual contract concluded.

The wholly or partially invalid provision shall be replaced by a provision which most closely reflects the intended economic purpose of the original provision.

21. Applicable Law and Jurisdiction

The laws of the Republic of Austria shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) is excluded.

For all disputes arising from the contractual relationship with customers who are business customers, the court having subject-matter jurisdiction for Vienna Inner City shall have exclusive jurisdiction.

Version: 03/2024