Terms of Use
Terms of Use
innbit GmbH
Grabenweg 68 (SOHO 2.0, 3rd floor)
6020 Innsbruck
Austria
T +43 512 205420444
General
innbit delivers exclusively on the basis of the present terms and conditions, insofar as contractual partners have not struck a deviating agreement in writing.
Validity of quotations
innbit is bound to its quotations for one month from the date of issue.
Price fixing and discounts
All quoted prices are understood excluding value-added tax. The prices are understood freight forward per delivery, ex factory Innsbruck (EXW, ex works according to Incoterms 2020), packaged, unsecured and duty unpaid. The minimum order value is € 150,00. The order value must therefore be at least € 150,00. Exceptions apply to orders with deliveries to the end customer (consumer) and orders based on guarantee services. There is no right of withdrawal for orders. Should innbit consent to the return of goods for which there is no legal claim on a case-by-case basis, then the value of the goods will be credited to the buyer for subsequent purchases from the range of products of innbit minus a processing fee of 5% of the purchase price paid (at least € 10,00). The credit value expires after two years.
Payment term
Invoices are payable according to agreed conditions. innbit reserves the right to only deliver against payment in advance or by cash on delivery. For orders that are cancelled less than two weeks before the confirmed shipment date at innbit, a fee of 20 % of the net order total is charged.
Retention of title
All delivered products remain the property of innbit until payment is made in full (retention of title). A sale of goods before payment in full is not permitted. However, if a sale should take place, the claim for payment of the innbit customer towards its own customer takes the place of the delivered product (extended retention of title). The retention of title persists for all delivered goods as long as innbit has an open claim, regardless of whether it originates from earlier or later deliveries.
Guarantee and warranty
innbit extend a warranty of 12 months for specific products (duration of guarantee is product-dependent according to the information in the applicable price list). The guarantee comprises all material faults that more than negligibly influence the function of the device. Excluded from the guarantee are damages that arise through incorrect or improper handling as well as normal wear. Furthermore, the guarantee does not apply to the replacement of batteries or to fragile parts such as glass, plastic, hoses, filters, condensate filters or membranes. Any incurred working and travel times are not covered by the warranty. In order to determine the validity of the guarantee, the hardware installation must be done via the corresponding application . In this case the guarantee period begins with commissioning. In case of installation without notification of assembly to innbit, any warranty claim is forfeited. Installation and return of installation proof must be completed within 12 months after date of sale from innbit.
Furthermore, any warranty claims of the customer expire if only one of the following circumstances arises, regardless of whether the circumstances arise for the customer of innbit or a later owner or operator:
- Improper installation, operation, maintenance or transport of the device. If it is required to return a innbit item, the original innbit packaging must be used for shipping. Prior to packaging and shipping, the innbit device must be cleaned and disinfected if they are contaminated. Any openings where residual fluids could leak must be closed.
- Installation and return of installation proof have not been completed in the aforementioned 6 months.
- Non-delivery of the Installation Proof to innbit.
- Installation and use of non-original innbit parts.
- Installation of the device by personnel who are neither trained nor authorized by innbit (if the product is for B2B customers).
- Execution of repairs by unauthorised repair shops.
- Occurrence of damages through improper handling, operation or use of unapproved cleaning and/or disinfecting material as well as infraction of the guidelines of the operating instructions/installation manual.
- Non-adherence to the prescribed maintenance intervals. Maintenance must be carried out 11-12 / 23-24 / 35-36 months after installation of the respective innbit item, depending on the product type.
- Missing entries in the Equipment Logbook in regard to the installation and prescribed service by technicians trained by innbit (if the product is for B2B customers).
- Omission of reasonable immediate measures for the avoidance of further damages on emergence of a fault.
- Delivery of devices or components to innbit without proper accompanying paperwork, in particular without fault description or invoice for the purchase of the device.
- Failure to provide visual images (photos, video clips …) of the innbit item complained about, as well as of its installation situation and ambient conditions.
innbit reserves the right to demand the documentation supplied with the device for the review of maintenance intervals for the assertion of warranty claims. The handling of warranty claims takes place exclusively according to the following method:
In case of faults, the equipment is to be opened by authorized technicians, the relevant component is to be taken and sent unopened and cleaned to innbit. The customer of innbit sends the rejected device or component to innbit at their own expense. innbit checks whether a warranty case exists. innbit repairs the device or component insofar as it is cost-effective. The customer is charged for the costs incurred for the repair, however not for the replacement parts covered by the guarantee. The consignment of the device or component to innbit always represents a repair order for innbit. For cost estimates for the repair of returned devices, a processing fee of € 75,00 is charged if the warranty period has expired or no warranty case exists. For products inspections only without any cost estimates a processing fee of € 42,00 can be charged. When sending the device or component to innbit, an error description with all importation information about the device must always be included. The customer of innbit may only provide payment in advance after consultation with innbit. Only the relevant component is to be sent (smallest possible unit). Insofar as contaminated, sound parts are sent to innbit without technical necessity, innbit is entitled to destroy them without separate payment. The new part corresponding to the part to be destroyed is only delivered after a separate order and invoice. In any case, innbit has the right to handle the guarantee through credit note or the return of new parts without conducting repairs. Performances pursuant to a guarantee do not bring about an extension of the warranty period or the start of a new warranty period. The warranty period for installed replacement parts ends with any device delivered for the original. The customer of innbit is obligated to make its customers aware of the conditions regarding the guarantee handling. The statutory warranty rights of the customer remain unaffected thereof.
innbit undertakes to ensure the availability of spare parts for the products concerned for a period of 3 years after discontinuation of serial production.
Jurisdiction and applicable law
The Innsbruck District Court applies exclusively as the agreed court of jurisdiction.
The processing of deliveries and services takes place exclusively on the basis of Austrian law, whose application also applies as agreed for supplies and services outside of Austria.
Regional Court Innsbruck
Lukas Pregenzer
Bank account:
Bank für Tirol und Vorarlberg
IBAN: AT95 1600 0001 0011 3503
BIC: BTVAAT22
UID: ATU39968308