TERMS AND CONDITIONS FOR RESELLERS

1. OZONOS GmbH, hereinafter referred to as OZONOS, provides its services exclusively on the basis of the following General Terms and Conditions (GTCs). These shall apply to all legal relationships between OZONOS and the respective contractual partner, hereinafter referred to as the contractual partner, even if no express reference is made to them. The GTCs shall apply exclusively to legal relationships with businesses (B2B).
2. The version of the GTCs valid at the time the contract is concluded shall apply. OZONOS only concludes contracts on the basis of the following terms and conditions. The client expressly recognizes that it has taken note of these GTCs in a legally binding manner, so that they have become part of the contract. This shall also apply in the event that the client refers to its GTCs.
   Any terms and conditions of the client shall not form part of the contract unless they are expressly recognized by the contractor in writing.
3. These GTCs shall also apply to all future contractual relationships, even if no express reference is made to these GTCs in supplementary contracts.
4. Persons who place orders or deliver or collect goods for processing are deemed to be authorized to accept our GTCs on behalf of the client and to make reservations in this respect.
   Our offers are non-binding unless expressly designated as binding.
5. A contract shall only be concluded with legal effect through a written order confirmation from us. Partial deliveries are permissible. Our employees are not authorized to make agreements that deviate from our General Terms and Conditions or list prices. Agreements in this respect require our written confirmation.
6. Details in catalogs and brochures are non-binding and only become part of the contract if they are expressly referred to in the order confirmation.
7. The content of our order confirmations must be checked by the client and the client shall notify OZONOS immediately of any deviations, otherwise the transaction shall be concluded with the content confirmed by OZONOS.

1. All prices are subject to change and, unless otherwise stated, are in euros and exclusive of VAT. All transport and packaging costs, freight and insurance charges, customs duties, fees and charges shall be borne by the client.
2. The statutory value added tax shall be invoiced additionally at the applicable rate. Any fees are to be paid by the client.
3. All prices are ex works INCOTERMS 2020 and do not include the costs of transport, assembly or installation.
4. In the case of payment via PayPal or credit card, all fees shall be borne by the reseller.

1. Unless otherwise agreed, our invoices are due for payment within 7 days of invoicing, free of charges and deductions. Bank transfers shall only be deemed payment upon receipt of the amount in our account. Bills of exchange or checks shall only be accepted after written agreement, only as payment, and shall exclude any discount deduction. Discount interest and all bank charges shall be borne exclusively by the client.
2. If the client is in default of payment, we shall be entitled, at our discretion, to demand compensation for the damage actually incurred or default interest at the statutory rate. For companies, this is 9.2% p.a. above the base interest rate. We are also entitled to demand compound interest from the date of delivery of the goods in the event of late payment by the client. In the event of default in payment, the client shall reimburse the dunning and collection costs incurred, insofar as they are necessary for appropriate legal action. In any case, this includes a lump sum of €40.00 as compensation for collection costs in accordance with Section 458 of the Austrian Commercial Code (UGB). The assertion of further rights and claims shall remain unaffected. If the client is in arrears with a (partial) payment, we shall be entitled to demand immediate payment of outstanding but not yet due invoice amounts and/or to demand advance payments or securities for future deliveries and services.
3. Any offsetting against counterclaims of the client that are disputed by us and have not been legally established is excluded, as is the exercise of a right of retention without a legally binding title or on the basis of claims from other legal transactions.

1. We are only obliged to perform the service once the client has fulfilled all its obligations required for delivery (e.g., receipt of the agreed down payment). The delivery deadlines and dates shall be observed by us as far as possible. Unless expressly agreed as binding, they are non-binding and are always to be understood as the expected time of provision and handover to the client. Cancellation of the contract by the client due to delay in delivery is only possible by setting a reasonable – at least 6-week – grace period. The cancellation must be asserted by registered letter. The right of cancellation shall only apply to the part of the delivery or service for which there is a delay.
2. The delivery deadline shall be deemed to have been met if the delivery item has been handed over to the delivery company by OZONOS or readiness for dispatch has been notified by the time it expires. Supplements to the order, requests for changes and additions by the client shall extend the delivery period appropriately. The same shall apply in the event of unforeseeable obstacles that lie outside of the sphere of control of OZONOS and/or any sub-suppliers, such as force majeure, strikes, lockouts, delays in the delivery of essential raw materials, pandemics, epidemics, etc.
3. Claims for compensation by the client are excluded in all cases of delayed or non-executed deliveries, even after expiry of the grace period, except in cases of intent or gross negligence.
4. If delivery is not possible due to delivery difficulties and/or price increases on the part of our suppliers or producers, we shall be entitled to withdraw from the contract without any obligation to pay compensation.
5. The liability of OZONOS for damages caused by delay shall be limited to 0.5% of the value of the delayed delivery, up to a maximum of 5% of the value of the part of the delivery that was not delivered on time.
6. Goods not accepted on the agreed delivery date shall be stored for a maximum period of 6 weeks at the risk and expense of the client. The storage fees shall be borne by the client. At the same time, OZONOS shall be entitled either to insist on fulfillment of the contract or to withdraw from the contract after setting a reasonable grace period and to dispose of the goods elsewhere. In the event of realization, a contractual penalty of 10% of the net invoice amount shall be deemed agreed.

Unless otherwise agreed in writing, the goods shall be delivered ex works from 5020 Salzburg. The client is obliged to accept our deliveries and services. We deliver uninsured. The risk shall transfer to the client as soon as the delivery item has been handed over to the forwarding agent or other delivery person, and in the event of default of acceptance by the client from the time of readiness for dispatch. This shall also apply if partial deliveries are made or if OZONOS has assumed other services. In the absence of an express agreement to the contrary, the goods shall be deemed to be sold ex works INCOTERMS 2020.

1. We reserve title to the delivered goods until the purchase price has been paid in full. The client shall bear the entire risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
2. The client is authorized to resell the delivered goods in the ordinary course of business. Until the purchase price has been paid in full, the client assigns to us all claims and security interests to which it is entitled from the resale on account of payment. It is obliged to note this assignment in its books. In the event of default of payment by the client, we shall be entitled to notify the repurchasers of the goods, whom the client must inform us of, of the assignment and to demand payment to us.
3. Any pledging or assignment as security of our goods, which are delivered subject to retention of title, to third parties is not permitted without our consent. The client must notify us immediately of any seizure by third parties. Balance acknowledgments do not affect the retention of title, nor does the delivery of bills of exchange or checks until the correct and actual encashment. If OZONOS has to make use of its retention of title and takes back the goods, a credit note shall be issued for the goods taken back on the basis of the retention of title, taking into account a price reduction appropriate for the storage period, wear and tear and other circumstances, up to a maximum of 80% of the invoice value.
4. In the event of seizure of goods subject to our retention of title, the client must inform us immediately; likewise, segregation of our goods to prevent an impending insolvency charge on the goods while the tile is retained is not permitted.

1. Defects must be reported in writing immediately after receipt of the delivery or service, at the latest within 8 days, or in the case of hidden defects within 3 days of discovery. The complaint must be sufficiently substantiated and supported by evidence.
2. The warranty period shall be a maximum of 24 months from acceptance. The existence of defects must be proven by the client. Sections 924 and 933b of the Austrian Civil Code (ABGB) shall not apply.
3. Minor technical changes and deviations from drawings and catalogs shall be deemed approved in advance.
4. In the event of justified defects, the warranty is limited to improvement, new delivery or supplement. Multiple improvements and replacement deliveries are permitted. Claims for cancellation and price reductions are excluded.
5. In order to perform the services under the warranty, the client must deliver the goods to us and collect them from us at its own expense and risk.
6. OZONOS shall not be liable for damage caused by unsuitable or improper use, natural wear and tear, faulty or negligent handling or storage.
7. No warranty or liability of any kind whatsoever shall be assumed for discounted goods or for rejects or dead stock delivered as agreed.
8. Insofar as this does not violate mandatory law and unless otherwise stipulated in these terms and conditions, we shall only be liable for compensation for damages caused by gross negligence or willful intent. However, this limitation of liability does not apply to compensation for personal injury. We shall not be liable for indirect damage, loss of profit, loss of interest, failure to realize savings, consequential damage and financial loss and damage arising from third-party claims. All claims for damages expire 6 months after the damage becomes known.
9. Liability for damage to property and personal injury on the basis of the Austrian Product Liability Act (PHG) is excluded unless the authorized party can prove that the fault was caused by us and was at least the result of gross negligence.

1. Orders or other legal declarations by the client may be sent by e-mail and fax and be valid, but must be received by us without error in order to be valid. Transmission errors – regardless of the cause – are the responsibility of the client.
2. We reserve the right to immediately revoke the validity of individual or temporally specific legal declarations due to a malfunction of our data processing system by suitable means and to make or request a new, valid transmission of the same.
3. The contractual partner agrees that their personal data, specifically their name/company name, profession, date of birth, company register number, authorized representatives, contact person, business address and other addresses of the contractual partner, telephone number, fax number, e-mail address, bank details, credit card details, VAT number, etc., may be automatically collected, saved and processed for the purpose of fulfilling the contract and supporting the contractual partner and for our own advertising purposes, for example for sending offers and newsletters (in paper and electronic form) and for the purpose of referring to the contractual partner’s existing or prior business relationship (reference).
4. The contractual partner agrees that electronic mail may be sent to them for advertising purposes until this consent is revoked. This consent can be revoked at any time in writing by an e-mail, fax or letter addressed to the contact details listed at the top of the GTCs.

1. The place of fulfillment is our business address.
2. Austrian law shall apply exclusively, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
3. The exclusive local jurisdiction of the competent court in the provincial capital of Salzburg is agreed as the place of jurisdiction.
4. Should provisions of these GTCs be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the legally ineffective, invalid or void provision shall be replaced by one that is legally effective and valid and – as far as possible – corresponds to the economic effect of the original provision.
5. Insofar as this contract refers to natural persons only in the masculine form, they also refer to women and men in the same way. When applying the term to certain natural persons, the respective gender-specific form shall be used.