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 our company STAB Constructions GmbH, operating throughout Europe.
1. General Provisions
All deliveries, services and offers by STAB Constructions GmbH, including future ones, are subject to the following General Terms and Conditions. Amendments or ancillary agreements with business customers require our written confirmation to be valid and apply only to the individual transaction concerned.
Any conflicting terms and conditions of the customer are hereby rejected; they shall not bind us even if we have not expressly objected to them. Sending our order confirmation likewise does not constitute acceptance of the customer's terms if we refer to the applicability of our General Terms and Conditions no later than in the order confirmation.
These General Terms and Conditions shall be deemed accepted at the latest when the customer places an order, provided the customer has been informed beforehand that they apply.
These General Terms and Conditions apply to both consumers and business customers unless individual provisions expressly relate only to transactions with consumers or business customers.
2. Conclusion of Contract
Information available on our website or provided at the customer's request is non-binding and subject to change, and merely constitutes 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 the order, the customer makes a binding contractual offer.
Where goods are ordered electronically, we shall acknowledge receipt of the customer's order without undue delay. The acknowledgement of receipt does not constitute binding acceptance of the order. A contract is concluded only upon the order confirmation (declaration of acceptance) issued by STAB Constructions GmbH.
We point out that our products are generally custom-made and that, before declaring acceptance, we must verify both the availability of the ordered goods and any price calculation automatically generated on our website. For this reason, we are entitled to accept the contractual offer contained in the order within two weeks by issuing a written order confirmation.
Due to the custom-made nature of the products, changes to or cancellations of orders following order confirmation are possible only within 24 hours after conclusion of the contract.
The scope, type and timing of each delivery shall be governed by our order confirmation or invoice corresponding to the customer's contractual offer.
If, instead of an order confirmation matching the customer's offer (order), we send the customer a counteroffer containing changes to the original order, the customer may accept that counteroffer in writing only within two weeks, unless the counteroffer expressly provides otherwise, due to fluctuations in raw-material and manufacturer prices.
In that case, the contract is concluded upon the customer's declaration of acceptance, and the order confirmation we subsequently send again merely records the agreement already reached with the customer.
General advertising and information materials concerning our services shall not be construed as assurances of specific characteristics of our products. The information contained therein becomes binding contractual content only if expressly agreed between the parties or otherwise made the basis of the relevant contractual declaration.
3. Quotations and Planning Documents
Cost estimates do not oblige us either to accept an order or to perform the services specified in the estimate.
Cost estimates are binding on us only if expressly stated in the estimate or agreed with the customer before the estimate is prepared. Otherwise, our cost estimates and offers are generally non-binding and subject to change.
Cost estimates and offers are prepared to the best of our professional knowledge. Circumstances specific to an order that are not apparent to us cannot be taken into account.
Services associated with preparing a cost estimate beyond the estimate itself, such as planning work, shall be charged separately on reasonable terms; in the case of consumers, however, only if they were previously informed that these General Terms and Conditions apply or that the cost estimate is subject to a charge.
We accept no responsibility for execution documents provided to us by customers and, in particular, are not liable for defects contained therein unless we have breached our duty to warn regarding manifestly incorrect documents under Section 1168a of the Austrian Civil Code (ABGB). We have no further duty to investigate.
The customer is responsible for the accuracy of samples, drawings, designs, plans and documents supplied by the customer. The customer further warrants that they hold all necessary rights to the submitted samples, drawings, designs, plans or similar documents and shall indemnify and hold us harmless against claims by third parties.
4. Prices
Unless otherwise agreed, the sales prices stated in our offers or order confirmations exclude value added tax, transport and other ancillary costs, and any applicable customs duties.
Any customs duties and taxes are determined according to the contents of the shipment. This applies to deliveries to customers outside the European Union.
For consumers, we shall disclose the amount of applicable taxes and charges in advance. If these cannot reasonably be calculated in advance, we shall explain how they are calculated.
Any cash discounts or other discounts granted apply only to the respective delivery and not to subsequent orders or deliveries. This also applies if we do not expressly object to deductions made by the customer on subsequent orders or deliveries.
Prices and conditions on our website or from previous orders are subject to change and are not binding for repeat orders.
5. Payment
The customer may pay the purchase price in cash or by bank transfer in advance. We reserve the right to exclude individual payment methods. Bills of exchange, cheques and currencies other than euros are expressly not accepted.
Upon receipt of the order confirmation, the customer shall pay a deposit of at least 70% of the agreed price for the ordered products, unless otherwise stated in the offer. Unless otherwise agreed in an individual case, the remaining 30% shall be paid by bank transfer no later than one week before delivery/collection or in cash upon delivery/collection.
If, after conclusion of the contract, there are concrete and objectively justified grounds to believe that full and timely payment of the outstanding balance is at risk, STAB Constructions GmbH is entitled to suspend further production until the outstanding balance has been paid or adequate security has been provided. The customer shall be informed of this in writing. Any agreed or anticipated delivery periods shall be extended accordingly for the duration of a justified suspension of production.
Payment terms for installation services:
- Option 1: Cash payment with a 50% deposit at the start of installation and the remaining 50% upon completion and acceptance of the installation.
- Option 2: Payment by bank transfer with 100% advance payment, due four days before installation begins.
If payment deadlines are not met, we are entitled to charge default interest from the due date, irrespective of fault, at 9% per annum or, for business customers, at 9.2 percentage points above the base interest rate, but at least 9% per annum.
Furthermore, where the customer is at fault, we are entitled to compensation for losses arising from late payment, in particular the necessary costs of appropriate out-of-court collection or recovery measures, insofar as these are proportionate to the amount claimed.
If the customer is in default of payment, STAB Constructions GmbH is entitled, after the unsuccessful expiry of an additional period of 14 days set in writing, to withdraw from the agreed installation service. The contract for delivery of the ordered products and the resulting payment and acceptance obligations remain unaffected. Statutory claims for damages are reserved.
6. Delivery Periods, Delay in Delivery and Delay in Acceptance
Delivery or performance shall take place only after receipt of the agreed deposit. The contractually anticipated delivery period begins when the agreed deposit is received.
We point out that compliance with anticipated delivery periods depends on all preceding deadlines in the production chain being met and that, due to constantly changing conditions in the raw-material market, we must also accept non-binding delivery periods within the production chain.
Our statements regarding delivery dates are therefore non-binding, and we shall not be liable for any delays, particularly those caused by manufacturing plants. Binding delivery dates and fixed-date transactions apply only where expressly agreed with the customer in an individual case.
However, if STAB Constructions GmbH exceeds a delivery date agreed with a consumer, even if non-binding, by more than 14 days, the customer is entitled to withdraw from the contract after granting an additional period of 14 days.
If an impediment persists for more than three months and is not directly attributable to STAB Constructions GmbH, we are likewise entitled to withdraw from the contract without further mutual claims, except for the reversal of benefits and consideration already received.
We shall inform the customer of foreseeable delays in delivery.
Where partial deliveries are possible, we may choose to deliver in instalments. Each partial delivery is treated as a separate transaction and may be invoiced separately.
However, if the customer validly withdraws from an outstanding partial delivery, the withdrawal shall also apply to the remaining partial deliveries if the customer clearly had no interest in a partial delivery, or if this follows from the parties' existing agreement.
Delivery obligations and delivery periods are suspended for as long as the customer is in arrears with a payment owed or fails to perform an act necessary for fulfilment of the order of which the customer was expressly informed (e.g. providing the necessary conditions for an on-site measurement appointment).
Any amendment to an order, whether by mutual agreement or otherwise permissible, results in an amendment or a fresh commencement of the original non-binding delivery period.
The customer is obliged to accept the goods without undue delay upon notification that they are ready or upon delivery.
In the event of delay in acceptance, the customer shall pay reasonable storage costs at customary market rates, without prejudice to other rights of STAB Constructions GmbH.
If we are ready to perform but the customer unjustifiably refuses to accept performance or is in delay in acceptance, we are entitled to make immediately due any outstanding remuneration for our performance that was agreed to be payable only after performance.
7. Delivery and Shipping
Where our products are ordered without installation, our driver delivers the goods exclusively to the agreed delivery location but is not responsible for unloading them.
The customer must arrange unloading of the products independently. Taking into account the weight of individual units, the customer must inform themselves, at their own risk and responsibility, of any equipment required for proper unloading. Any information we provide in this regard is voluntary and non-binding.
For consumers, we shall disclose the precise delivery and transport costs in advance or, if these cannot be calculated precisely in advance, the method of calculation, unless collection by the customer is agreed.
A consumer's contractual offer made before disclosure of the delivery and transport costs or the method of their calculation is therefore non-binding and is treated merely as an enquiry.
For business customers, the following delivery and shipping conditions additionally apply or apply by way of derogation:
If collection by the customer or shipping details are not agreed with a business customer when the order is placed, transport will be arranged at our reasonable discretion through a duly authorised commercial carrier on customary market terms. We are not obliged to select the cheapest transport option currently known to us. We have neither a duty to investigate nor a duty to obtain comparative quotations.
Shipping is invariably at the customer's risk, even for carriage-paid deliveries. Packaging material is charged at cost and is not taken back.
The customer is liable for all customary and reasonable delivery and transport costs and for applicable customs duties and taxes, irrespective of inaccurate or incorrect payment instructions or information. This applies to deliveries outside the European Union.
Use and risk pass to the customer upon handover of the goods to the carrier. This also applies if delivery takes place as part of installation or transport is carried out, organised or directed by us, unless we are at fault.
8. Installation
Installation of windows, doors and sun protection systems is carried out by STAB Constructions GmbH where agreed with the customer.
The agreed price for installation work covers only those services that are normally foreseeable to us on the basis of the customer's information.
Additional necessary work, particularly work arising from instructions given by the customer after conclusion of the contract, shall be charged at the hourly rates for work on a time-and-materials basis notified in each individual case.
If no hourly rate for time-and-materials work was agreed in the order, the customary industry hourly rates published on our website at https://fensternorm.com/montage shall be deemed agreed.
STAB Constructions GmbH offers readjustment only where installation services have been agreed. One readjustment within 12 months is free of charge for each order including installation.
Measurements by STAB Constructions GmbH are offered only in combination with installation.
If, exceptionally, the customer supplies dimensions and details directly and waives measurement, the customer is responsible to STAB Constructions GmbH for the accuracy of all dimensions, plans, drawings and details provided, such as handing and opening direction.
If this information proves incorrect, liability of STAB Constructions GmbH, particularly for the unsuitability of the goods delivered, is excluded.
9. Customer's Obligations
Performance by STAB Constructions GmbH depends on the customer's appropriate and timely cooperation.
The customer is therefore obliged to take measures enabling STAB Constructions GmbH to perform safely and on time.
In particular, the customer must provide complete and accurate contact details (address, telephone number, email address, fax) and inform STAB Constructions GmbH of any changes to them.
If the customer provides incomplete or incorrect contact details, all liability of STAB Constructions GmbH, including for resulting delays, is excluded.
The customer must comply with delivery dates and ensure unobstructed access for vehicles and adequate space to set down the delivered goods.
For adjustment or service work, the customer must ensure unobstructed access to the window units and sufficiently remove furniture and fragile objects; otherwise STAB Constructions GmbH shall not be liable for any resulting damage.
10. Retention of Title
The delivered goods remain the sole property of STAB Constructions GmbH until our entire claim has been paid in full.
The entire claim includes both our claim arising from delivery of the goods and claims arising from delivery of other goods or services under the same order, even if some amounts are not yet due, such as where instalment payments have been expressly agreed.
Retention of title ends only when the customer has settled all our claims.
Bringing legal proceedings for the purchase price or part of it does not affect our retention of title; ownership of the goods passes to the customer only after all amounts owed have been received by us in full.
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.
If the goods are mixed with or processed into other goods, all resulting co-ownership rights shall vest in us instead of the customer.
The customer shall notify us without undue delay of any attachment or other claim to the delivered goods by a third party.
11. Exclusion of Assignment of Rights
Rights arising from the business relationship may not be transferred to third parties without our prior written consent.
12. Consumer Right of Withdrawal
Customers who are consumers within the meaning of Section 1(1)(2) of the Austrian Consumer Protection Act (KSchG) generally have the right under the Austrian Distance and Off-Premises Contracts Act (FAGG) to withdraw, without giving reasons, from a contract concluded outside the business premises of STAB Constructions GmbH or exclusively through means of distance communication within fourteen days.
However, under Section 18(1)(3) FAGG, the right of withdrawal is excluded if the ordered goods are made to the customer's specifications or clearly personalised to the customer's needs.
With reference to the above notice on withdrawal, we point out that the goods we offer are always manufactured to dimensions specified by the customer or measured by us on the customer's behalf, so that the customer's right of withdrawal is in any event excluded once production has begun.
Nevertheless, STAB Constructions GmbH grants a right of withdrawal only within 24 hours after conclusion of the contract, with Saturdays and Sundays excluded from the calculation of this period.
13. Product Characteristics and Statutory Warranty
The following provisions apply to the visual quality of goods supplied by STAB Constructions GmbH. The occasional variations in visual quality described below do not constitute defects.
General:
Certain visible physical effects may occur on the glass surface and must not be taken into account when assessing visual quality. They are not regarded as defects.
Inherent colour:
Variations in colour appearance may occur and cannot be avoided due to the iron oxide content of the glass, the coating process, the coating itself, variations in glass thickness and the composition of multi-pane insulating glass.
Colour differences in multi-pane insulating glass:
Different shades of colour may occur in façades made of multi-pane insulating glass (MIG) containing coated glass. This effect may become more pronounced when viewed at an angle.
Possible causes of colour differences include minor 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 multi-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 point. These effects are perceived as variations in the intensity of coloured areas, which may change when pressure is applied to the glass.
This physical effect is further intensified by the parallel arrangement of the glass surfaces. Interference effects occur randomly and cannot be avoided.
Specific effects resulting from barometric conditions:
Multi-pane insulating glass encloses a volume of air or other gases that is hermetically sealed by the edge seal.
The condition of the gas is determined primarily by the altitude above sea level, atmospheric pressure and air temperature prevailing at the place of manufacture at the time of production.
If the multi-pane insulating glass is installed at a different altitude or if temperature or atmospheric pressure changes, the panes may bow inward or outward, causing optical distortions.
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 multi-pane insulating glass.
Condensation on the outer surfaces of multi-pane insulating glass:
Condensation may form on external glass surfaces when the glass surface is colder than the surrounding air.
The extent of condensation on the outer surfaces of a glass pane depends on the U-value, humidity, air movement and indoor and outdoor temperatures.
If the relative humidity of the surrounding air is high and the surface temperature of the pane falls below the ambient temperature, condensation forms on the glass surface.
STAB Constructions GmbH points out in particular that natural colour variations may occur in painted wooden components and cannot be influenced by STAB Constructions GmbH.
Statutory warranty coverage for colour variations resulting from natural processes is excluded.
All glazing is supplied in clear glass. Clear glass has a slight tint, the intensity of which depends on the thickness of the glazing units. Clear glass means that patterned glass is not used; it may nevertheless have a tint within customary commercial limits.
Statutory warranty coverage is excluded if a defect results from improper handling or use, insufficient care, normal wear and tear, installation or joining of individual units that is not professionally executed or not in accordance with the state of the art, or other acts or omissions of the customer or third parties.
For business customers, statutory warranty coverage is deemed excluded if window maintenance does not meet at least the requirements of ÖNORM B 5305 for window maintenance.
Where the customer or third parties carry out improper repairs or alterations, the statutory warranty of STAB Constructions GmbH is excluded in respect of the resulting consequences.
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 is entitled to refuse the remedy chosen if it is impossible or would involve disproportionate expense for STAB Constructions GmbH compared with the alternative remedy.
In that case, the consumer may choose between a price reduction or, provided the defect is not merely minor, rescission of the contract.
For transactions with business customers:
The customer must inspect the goods immediately upon acceptance or arrival at the destination and notify STAB Constructions GmbH of defects in writing without undue delay, and in any event before installation. Otherwise our delivery or service shall be deemed approved, except in the case of hidden defects.
Hidden defects must be reported to STAB Constructions GmbH in writing without undue delay once they become apparent to the customer.
Glass breakage:
STAB Constructions GmbH is obliged to replace broken glass only if the breakage was already present upon handover and was recorded in writing on the delivery note, unless the breakage can be shown to have resulted from a hidden defect.
The statutory warranty period for business customers is one year from delivery of the goods or performance of the service. The presumption under Section 924 ABGB is excluded.
For business customers, STAB Constructions GmbH shall initially remedy defects, at its discretion, either by repair or replacement.
The possibility of special recourse under Section 933b ABGB after expiry of the statutory warranty period is excluded.
14. Commercial Guarantee
The provisions on statutory warranty set out in Clause 13 of these General Terms and Conditions remain unaffected by the following commercial guarantees.
The following guarantees do not apply to production-related or natural deviations or changes in the goods, particularly as regards their visual quality under Clause 13 above, which STAB Constructions GmbH cannot influence.
STAB Constructions GmbH gives no guarantee for any rattling effects or bulging or indentations of glass panes caused by sunlight.
Resin may exude from larch, Oregon pine and pine wood; this is a natural phenomenon that STAB Constructions GmbH cannot influence. STAB Constructions GmbH provides no guarantee in this respect.
STAB Constructions GmbH provides a two-year guarantee against condensation forming between panes in insulating glass units. The guarantee relates exclusively to defects attributable to manufacturing or material faults.
The guarantee excludes damage attributable to normal wear and tear, weather conditions or the use of aggressive or abrasive cleaning agents.
The guarantee is excluded if the required minimum distance of 30 cm from radiators is not maintained.
STAB Constructions GmbH also provides a ten-year guarantee on profiles and a five-year guarantee on the mechanical operation of fittings.
The guarantee relates exclusively to defects attributable to manufacturing or material faults. It covers only fittings and profiles exposed to normal weather conditions.
In the event of a valid guarantee claim, STAB Constructions GmbH shall provide the relevant material (profiles or fittings) 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, fittings may be replaced directly by STAB Constructions GmbH or one of its subcontractors, with labour time charged separately.
Condensation between panes and visible damage (scratches or internal contamination) to glazing units must be reported immediately after delivery.
For other products exposed to extreme weather conditions, such as sun protection, insect screens and window sills, STAB Constructions GmbH provides a two-year guarantee provided they have demonstrably been installed professionally and used properly.
The guarantees described above 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 fittings 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 sent electronically upon signing the contract;
- damage caused by the customer, third parties or force majeure;
- failure by the customer to report discovered defects in writing within the prescribed period, and in any event 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 are liable only for intentional conduct or gross negligence.
STAB Constructions GmbH is not liable for consequential loss arising from defects or other incidental damage.
STAB Constructions GmbH is not liable for loss of profit or indirect or consequential damage.
Claims for damages, particularly those concerning product defects, become time-barred six months after the customer becomes aware of the damage and the party responsible.
16. Prohibition of Set-off
Business customers are not entitled to withhold payment or set off counterclaims against our claims unless we expressly acknowledge the set-off in writing, specifying the amount, in an individual case, or the counterclaim has been established by a final court judgment.
A consumer is entitled 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 within the business relationship are always 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 customers' personal information.
We do not guarantee the continuous availability of the website.
All content of 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 electronically or on paper, in particular prepared plans, designs or similar documents, remain our intellectual property.
Without our express prior written consent, the customer may not pass on, reproduce or otherwise exploit 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 include photographs and a detailed description to enable customer complaints to be processed as quickly and efficiently as possible.
Readjustment of windows and doors that normally settle after installation is the responsibility of the installation company carrying out the work.
STAB Constructions GmbH offers readjustment only where an installation service has been used.
One readjustment is free of charge for each order. Any further readjustment may be requested for a fee.
20. Severability
If individual provisions of these General Terms and Conditions are or become wholly or partly invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions or of the individual contract concluded.
Any wholly or partly invalid provision shall be replaced by a provision that most closely reflects the intended economic purpose of the original provision.
21. Applicable Law and Jurisdiction
The law of the Republic of Austria shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) is excluded.
For all disputes arising from the contractual relationship with business customers, the court having subject-matter jurisdiction for Vienna-Innere Stadt shall have exclusive jurisdiction.
Version 10/2026
