Kanzian & Traunsteiner – double bass construction OG

Alexander Kanzian, Fabian Traunsteiner

Hirschengasse 1, 1060 Vienna

For the processing of all orders via Kanzian & Traunsteiner – Kontrabassbau OG, hereinafter referred to as “Kanzian & Traunsteiner”, the following General Terms and Conditions (GTC) apply, as of 26 January 2023:

1. Scope

All our deliveries, services and offers are made exclusively on the basis of the following General Terms and Conditions (GTC) in the version in force at the time of ordering. Deviations from these terms and conditions shall only apply if we have expressly and in writing agreed to their application. By submitting a bid for a purchase, the buyer undertakes to accept the applicable General Terms and Conditions (GTC) or is legally bound by them.

2. Conclusion of the contract

All offers are non-binding, unless they are expressly considered binding. Only your order is a legally binding offer to conclude a purchase contract. It shall not be deemed to be an assurance or guarantee of any kind whatsoever. Illustrations on our website are therefore only binding if they are individual pieces. The conclusion of the contract becomes legally effective upon our written confirmation in writing (also electronically).

2.1 Payment of purchased items

Payments within Austria and the EU are to be made in or in cash before or at the time of delivery of the object of the contract, in our bank account, or in cash, if there is no statement to the contrary expressly authorized by us.

2.2 Partial deliveries

We reserve the right to make partial deliveries or partial services if ordered goods are not in stock, provided that this appears to be advantageous for a quick processing and is reasonable for the customer.

2.3 Default of payment

For payments not received in time for our services or goods, reminder fees of 10% of the invoice amount, but at least 12 euros will be charged. From the second reminder, reminder expenses of 20% of the amount due, but at least 25 euros, will be charged.

If the payment is delayed by our side, default interest of 4% above the current key interest rate of the Austrian National Bank shall also apply.

2.4. Offers

The preparation of the offer in written form for a repair costs € 50,- plus VAT. When the order is placed, the offer costs will be deducted in full. Offers that require photos (such as offers for insurance after accidental damage) cost an additional € 20,- plus VAT.

3. Warranty

The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used goods is 12 months from the transfer of risk. In the event of defects, we shall be liable as follows: Defective goods, together with a copy of the invoice, must be sent to “Kanzian & Traunsteiner”, Hirschengasse 1, 1060 Vienna, or must be transferred in person.

3.1. The customer is only entitled to warranty claims due to transport damage if he has checked the goods immediately and demonstrably upon receipt of the goods, and thus fulfilled his entrepreneurial obligation to inspect and notify immediately after receipt of the goods.

3.2. The warranty claims do not extend to natural wear and tear and not to damage caused after the transfer of risk by faulty, negligent, improper or improper use or handling.

3.3. The warranty claims also do not cover damage resulting from non-compliance with the instructions for use, improper use, inadequate maintenance or unsuitable care.

3.4. Wooden parts and instruments are a natural product. Reasonable deviations of dimensions, weight, colour as well as the quality of the wood are reserved, provided that the usability of the purchased item is not impaired. These differences are no reason to complain. The same rules apply to optical deviations as in point 2. Furthermore, the warranty does not include the natural formation of cracks in the wood of stringed instruments, unless these are demonstrably due to production errors or incorrect processing.

3.5. Goods offered and sold by us as “defective” are expressly excluded from any warranty.

3.6. Our instruments and their accessories are evaluated to the best of our knowledge and belief, usually by consulting other expert opinions, both according to age, origin, quality and condition. Any expertise and/or preparation of a certificate by a court-appointed expert prior to the purchase is normally only at the express request and at the expense of the buyer. Any liability, conversion and/or warranty is excluded for any subsequent valuations or deviating valuations by third parties.

4. Data storage

Your data will only be stored and processed within the scope of the Data Protection Act if business is necessary. We do not pass on your personal data, including your home address and e-mail address, to third parties without your express and revocable consent at any time.

5. Retention of title

a) All goods remain our sole property until full payment has been made.

b) In the event of a breach of contract by the customer, in particular in the event of a delay in payment, we shall be entitled to take back the goods. A withdrawal from the contract arises only after a period of payment or performance set by us has elapsed, as well as the express declaration on our part. In this case, we reserve the right to prohibit the customer from any resale and to take into custody reasonable securities until full payment of the services or goods delivered by us.

6. Reservation of delivery

The occurrence of unforeseeable obstacles that are not within our sphere of power (natural disasters, damage caused by fire, water, storms, strikes and other unforeseeable events) that go beyond our reasonable duty of care, this also applies to the delay in delivery of our suppliers of materials, raw materials, entitles us to withdraw from the supply contract in part or in whole.

If it is not possible for us to deliver or perform the goods or services on time due to the fault of the contractual partner (lockout, no-show, refusal to accept, etc.), we have the same right. We will notify our customers of such circumstances without delay.

7. Effectiveness and amendment of the GTC

Severability Clause: Should individual provisions or conditions of these General Terms and Conditions be ineffective or void in whole or in part, the remaining parts of the GtC shall remain valid.

“Kanzian & Traunsteiner” reserves the right to change these Terms and Conditions at any time and without giving reasons. In the event of a change in the GTC, the General Terms and Conditions shall apply to the Customer, which shall be valid at the time of the conclusion of the contract concerning him/

8. Rules of jurisdiction

The place of jurisdiction is Vienna, regardless of whether the contractual partner of “Kanzian & Traunsteiner” is a natural or legal person, even if it has no place of jurisdiction in Austria. The legal provisions apply in accordance with Austrian law.