Terms and Conditions

As of August 2025

BASIS AND SCOPE
1. The General Terms and Conditions (hereinafter “GTC”) serve as the basis for all contracts for all services and deliveries by [Fuchs Energietechnik FlexCo / AC-Systems FlexCo], Äußeres Hirschfeld 15, 7100 Neusiedl am See (hereinafter “[Fuchs Energietechnik / AC-Systems]”) to its customers (hereinafter “Customers”). The GTC apply to consumers (B2C) and businesses (B2B) within the meaning of § 1 para 1 Z 1 KSchG, whereby the provisions specifically applicable to consumers or businesses are expressly highlighted.
2. These GTC of [Fuchs Energietechnik / AC-Systems] apply exclusively. Deviating, conflicting, or supplementary general terms and conditions, purchasing conditions, or other standardized contract forms of the customer are only effective if expressly agreed upon in writing between [Fuchs Energietechnik / AC-Systems] and the customer. Implied agreement to the customer’s GTC is excluded.
OFFER AND CONCLUSION OF CONTRACT
1. Offers from [Fuchs Energietechnik / AC-Systems] are non-binding and constitute an invitation to the customer to submit an offer under the terms and conditions of [Fuchs Energietechnik / AC-Systems].
2. An offer from the customer is deemed accepted upon written order confirmation by [Fuchs Energietechnik / AC-Systems].
3. Cost estimates are provided without guarantee. Should cost increases exceeding 10% arise after the order has been placed, [Fuchs Energietechnik / AC-Systems] will notify the customer immediately. If there is an unavoidable cost overrun of up to 10%, separate notification is not required, and [Fuchs Energietechnik / AC-Systems] is entitled to invoice the customer for these costs.
4. Cost estimates are subject to a fee. Consumers will be informed about the fee before the cost estimate is prepared. Any fee paid for the cost estimate will be credited if an order is placed based on this cost estimate.
PRICES
1. The prices stated in the respective order confirmation for the products or services apply (collectively, the “Total Order Value”).
2. The prices are gross prices. The statutory value-added tax is included in the price.
3. [Fuchs Energietechnik / AC-Systems] is entitled to adjust the total order value if changes of at least 10% in the incurred costs, particularly due to rising raw material, labor, and operating costs, have occurred since the conclusion of the contract. The adjustment will be made to the extent that the actual production costs at the time of contract conclusion differ from those at the time of actual service provision, provided that [Fuchs Energietechnik / AC-Systems] is not in default. If it is a consumer transaction, no price changes will be invoiced during the first two months from the conclusion of the contract. In the event of the aforementioned cost increases exceeding 10%, [Fuchs Energietechnik / AC-Systems] will notify the customer immediately.
PAYMENT AND PAYMENT DEFAULT
1. [Fuchs Energietechnik / AC-Systems] is entitled to invoice an advance payment of up to 50% of the total order value. Advance payments are due within 14 days of invoicing. The remaining amount of the total order value is due within 14 days after the complete provision of the service according to section 5.3. [Fuchs Energietechnik / AC-Systems] will only begin providing the service once the customer has made the advance payment.
2. Payment must be made to the bank account specified by [Fuchs Energietechnik / AC-Systems]. If [Fuchs Energietechnik / AC-Systems] and the customer agree on a different payment method, this will be noted on the order confirmation.
3. Payment is only considered timely if the amount has been received in the [Fuchs Energietechnik / AC-Systems] account by the due date.
4. In the event of payment default, consumers must pay default interest of 4% p.a. Business customers must pay default interest of 9.2% p.a. above the base interest rate in the event of payment default.
5. If the business customer defaults on payments within the scope of other existing contractual relationships with [Fuchs Energietechnik / AC-Systems], [Fuchs Energietechnik / AC-Systems] is entitled to suspend the fulfillment of its obligations under this contract until the customer has fulfilled their obligations.
6. In the event of culpable payment default, the business customer must pay collection costs, provided these were incurred by engaging a collection agency and are proportionate to the damage incurred, as well as any other costs necessary for appropriate legal action.
7. For business customers, offsetting by the customer is only permissible with claims that have been acknowledged in writing by [Fuchs Energietechnik / AC-Systems], are undisputed, or have been legally established.
8. The customer is not entitled to assign their claims against [Fuchs Energietechnik / AC-Systems] to third parties, nor to transfer rights and obligations from the concluded contract to third parties without prior written consent from [Fuchs Energietechnik / AC-Systems].
SERVICE PROVISION AND TRANSFER OF RISK
1. For business transactions, delivery is EXW (Incoterms 2020) by [Fuchs Energietechnik / AC-Systems], unless expressly agreed otherwise in writing. The risk passes in accordance with the agreed Incoterms.
2. For business customers, delivery and completion dates are only binding if their adherence has been confirmed in writing.
3. When providing a service, the service is considered fully rendered or completed upon the operational commissioning of the system. If the operational commissioning of the system does not depend on further services from [Fuchs Energietechnik / AC-Systems], but exclusively on services from a third party, the service of [Fuchs Energietechnik / AC-Systems] is considered fully rendered or completed after a formal acceptance of the system by the customer.
DUTY TO COOPERATE
1. Service provision can only take place once the customer has created all structural, technical, and legal conditions for service provision, as described in the contract or in information provided to the customer before the conclusion of the contract, or which the business customer should have known due to relevant expertise or experience. If the customer fails to comply with this obligation, they are in default of acceptance.
2. Before the start of service provision, the customer must provide [Fuchs Energietechnik / AC-Systems] upon request with the necessary information regarding the location of concealed power, gas, and water lines or similar devices, escape routes, other structural obstacles, other potential sources of interference, sources of danger, as well as the required static data and any projected changes related thereto.
3. If third-party approvals, particularly from authorities, or notifications to them are required for the service provision, the customer must arrange for these at their own expense. [Fuchs Energietechnik / AC-Systems] will point this out during the conclusion of the contract, unless the customer has waived this or the business customer should have possessed such knowledge due to their education or experience.
4. The energy and water quantities required for service provision must be provided by the customer at their own expense.
5. For business customers, it applies that they must ensure that the technical infrastructure provided by them, such as supply lines, cabling, and networks, is in a technically perfect and operational condition and compatible with the works produced or goods supplied by [Fuchs Energietechnik / AC-Systems].
DEFAULT
1. If [Fuchs Energietechnik / AC-Systems] defaults on the delivery of goods or the provision of services, the customer must grant [Fuchs Energietechnik / AC-Systems] a reasonable grace period of at least 4 weeks for contract fulfillment. If [Fuchs Energietechnik / AC-Systems] allows the granted grace period to expire without fulfilling the obligation demanded therein, the customer is entitled to terminate the contract.
2. If deliveries or services cannot be carried out within an agreed period or by an agreed date due to circumstances within the customer’s sphere, such as a breach of the duty to cooperate according to section 6, the customer is in default of acceptance regarding these deliveries or services.
3. For businesses in default of acceptance, [Fuchs Energietechnik / AC-Systems] is entitled to charge all necessary additional costs (e.g., storage costs, frustrated internal costs, frustrated costs for subcontractors) incurred due to such a delay, in addition to the total order value.
4. In the event of default of acceptance, the right of [Fuchs Energietechnik / AC-Systems] to demand payment for services rendered and to withdraw from the contract after a reasonable grace period of at least 4 weeks remains unaffected.
WARRANTY
1. For business transactions, the following applies:
  1. The customer must immediately inspect the delivered goods or fully rendered service for any defects. Incomplete or defective deliveries and services must be reported to [Fuchs Energietechnik / AC-Systems] in writing immediately upon receipt of the goods or completion of the service. Non-obvious defects must be reported to [Fuchs Energietechnik / AC-Systems] in writing immediately upon their discovery, but no later than twelve months after receipt of the goods or completion of the service. The customer must prove that the defect could not have been detected during the initial inspection. The nature and extent of the alleged defect must be clearly evident from the complaint.
  2. In the case of fully justified and timely defect complaints, [Fuchs Energietechnik / AC-Systems] will provide warranty by rectification or replacement. The choice remains with [Fuchs Energietechnik / AC-Systems], but [Fuchs Energietechnik / AC-Systems] will reasonably consider the customer’s interests in its selection.
  3. If two attempts at rectification fail, the customer is entitled to set a reasonable grace period for remedying the defect. The customer must expressly and in writing point out that they reserve the right to demand a price reduction in the event of another failure, or, if the defect is not minor, to withdraw from the contract. If further rectification also fails, the customer may reduce the payment or withdraw from the contract. The latter, however, only if there is no minor defect, with the customer having to prove the contrary.
  4. The fulfillment of a warranty obligation does not extend the original warranty period and does not trigger a new warranty period for repaired or replaced parts. If a manufacturer’s warranty has been granted by [Fuchs Energietechnik / AC-Systems], the fulfillment of a warranty obligation also does not extend the warranty period.
2. Warranty by [Fuchs Energietechnik / AC-Systems] is excluded in the following cases:
  1. In case of improper use of the contract products, unauthorized modification or repair by the customer, especially in contradiction to the underlying contract and its appendices, to operating instructions, warnings, cleaning instructions, maintenance instructions, or other information known or that should have been known to the customer;
  2. Overvoltage, undervoltage, power failure, lightning strike, water damage, floods, fire, explosions, earthquakes, tornadoes, attacks, acts of war, or similar phenomena;
  3. Use of unsuitable cleaning agents;
  4. Defects due to normal wear and tear;
  5. Failure to perform maintenance if the causes thereof lie within the customer’s sphere;
  6. Incidents or accidents related to the installation or assembly of the goods if the customer performs the installation or assembly;
  7. Condition of goods or materials provided by the customer;
  8. Breach of the duty to cooperate according to section 6.2 due to incorrect information provided by the customer.
3. For businesses, it applies that the customer bears the burden of proof for the proper and intended use of the goods.
LIABILITY
1. [Fuchs Energietechnik / AC-Systems] is liable to consumers without limitation, insofar as the cause of damage is based on intent or gross negligence. Furthermore, [Fuchs Energietechnik / AC-Systems] is liable for the slightly negligent breach of essential obligations, the fulfillment of which is essential for the proper execution of the contract and on whose observance users may regularly rely. In this case, however, [Fuchs Energietechnik / AC-Systems] is only liable for foreseeable, typical contractual damages. [Fuchs Energietechnik / AC-Systems] is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
2. For businesses, the following applies:
  1. [Fuchs Energietechnik / AC-Systems] is exclusively liable for damages caused by extreme gross negligence or intent.
  2. The liability of [Fuchs Energietechnik / AC-Systems] for damages arising from and in connection with the contractual relationship is limited to the order value.
  3. The customer bears the burden of proof for the fault and the degree of fault of [Fuchs Energietechnik / AC-Systems].
  4. Claims for damages must be asserted in court within 12 months from knowledge of the damage.
3. The foregoing limitations of liability do not apply in cases of injury to life, body, and health, for a defect after the assumption of quality guarantees for the quality of a product, provided that it was not supplied by the customer, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of [Fuchs Energietechnik / AC-Systems] is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of [Fuchs Energietechnik / AC-Systems].
RETENTION OF TITLE
1. All goods delivered by [Fuchs Energietechnik / AC-Systems] remain the property of [Fuchs Energietechnik / AC-Systems] until full payment.
2. Until full payment, the customer is not entitled to dispose of the goods, in particular to pledge, sell, or encumber them. Resale or encumbrance is only permitted with the written consent of [Fuchs Energietechnik / AC-Systems]. With the consent of [Fuchs Energietechnik / AC-Systems], the purchase price claim is deemed assigned to [Fuchs Energietechnik / AC-Systems], and [Fuchs Energietechnik / AC-Systems] is at any time authorized to notify the third-party debtor of this assignment.
INTELLECTUAL PROPERTY
1. Offers and project descriptions, as well as electronically or physically transmitted drawings, dimensioned drawings, descriptions, data, marketing materials, and other information are the intellectual property of [Fuchs Energietechnik / AC-Systems] and may not be reproduced, made accessible to third parties, altered, or processed without the written consent of [Fuchs Energietechnik / AC-Systems].
2. All documents listed above can be reclaimed by [Fuchs Energietechnik / AC-Systems] at any time and must in any case be returned immediately and unsolicited if the contract is not concluded.
3. If the service provision includes the installation of software in existing systems, the software may not be reproduced, made accessible to third parties, altered, or processed without the written consent of [Fuchs Energietechnik / AC-Systems].
4. The customer is obliged to keep confidential any knowledge gained from the business relationship from third parties.
FORCE MAJEURE
1. Force majeure events affecting [Fuchs Energietechnik / AC-Systems] or one of its sub-suppliers entitle [Fuchs Energietechnik / AC-Systems] to suspend deliveries and partial deliveries for the duration of the impediment and a reasonable start-up period, or to withdraw from the contract entirely or partially according to their effects.
2. Force majeure events include, but are not limited to: all impacts of natural forces, such as earthquakes, lightning strikes, frost, storms, floods; furthermore, war and terrorist attacks, laws, governmental interventions, confiscation, transport disruptions, export, import, and transit prohibitions, international payment restrictions, raw material and energy failures, epidemics and pandemics; furthermore, operational disruptions such as explosions, fire, strikes, sabotage, and all other events that could only be prevented with disproportionate costs and economically unreasonable means.
JURISDICTION AND APPLICABLE LAW
1. The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between [Fuchs Energietechnik / AC-Systems] and business customers is the Regional Court of Eisenstadt.
2. Austrian law applies exclusively, to the exclusion of conflict of laws and the UN Sales Convention (CISG), for all disputes arising from or in connection with the concluded contracts and these GTC. For consumers, the mandatory provisions of the law of the consumer’s habitual residence apply if these are more favorable to the consumer.
FINAL PROVISIONS
1. For businesses, it applies that should individual provisions of the contract or these terms and conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby. The wholly or partially invalid provision shall be deemed replaced by a provision whose economic success comes as close as possible to that of the invalid one.
2. All changes and additions to contracts between [Fuchs Energietechnik / AC-Systems] and the customer must be in written form. This also applies to waiving the written form requirement. Emails satisfy the written form requirement. No verbal ancillary agreements exist.