General Terms and Conditions

General Terms and Conditions of Sale 

(GTC) of the Mechatronics Engineer for Business Transactions

As of Sept.2026

1.1.  These terms and conditions apply between us (KECKEX GmbH, Austraße 30, 6832 Sulz) and natural and legal persons (hereinafter referred to as 'Customer') for the present business transaction as well as for all future transactions, even if not explicitly referred to in individual cases, especially in the case of future supplementary or follow-up orders.

1.2.  The version of our GTC valid at the time of contract conclusion, available on our homepage (www.keckex.com) and also transmitted to the Customer, shall apply.

1.3.  We contract exclusively on the basis of our GTC.

1.4.  The Customer's terms and conditions or amendments or supplements to our GTC require our express written consent to be valid.

1.5.  The Customer's terms and conditions will not be recognized even if we do not expressly object to them upon receipt.

2.1.  Our offers are non-binding.

2.2.  Promises, assurances, and guarantees on our part, or agreements deviating from these GTC in connection with the conclusion of the contract, only become binding upon our written confirmation.

2.3.  Information on our products and services provided in catalogs, price lists, brochures, advertisements at trade fairs, circulars, promotional mailings, or other media (information material) that is not attributable to us must be presented by the Customer to us – if the Customer bases his decision to commission on this information. In this case, we can comment on their correctness. If the Customer violates this obligation, such information is non-binding unless expressly declared in writing to be part of the contract.

2.4.  Cost estimates are prepared without guarantee and are subject to a fee.

3.1.  Price indications are generally not to be understood as a lump sum.

3.2.  For services ordered by the Customer that are not covered by the original order, there is a claim for reasonable remuneration in the absence of a works contract agreement.

3.3.  Prices are exclusive of the applicable statutory value-added tax and ex-works. Packaging, transport, loading, and shipping costs, as well as customs and insurance, shall be borne by the Customer. We are only obliged to take back packaging by express agreement.

3.4.  The Customer is responsible for the professional and environmentally sound disposal of old material. If we are separately commissioned with this, the Customer must additionally remunerate this to the agreed extent, or reasonably in the absence of a remuneration agreement.

3.5.  We are entitled on our own initiative, as well as obliged upon the Customer's request, to adjust the contractually agreed fees if changes of at least 5% have occurred since the conclusion of the contract with regard to (a) labor costs due to law, ordinance, collective agreement, company agreements or (b) other cost factors necessary for the provision of services, such as procurement costs of the materials used due to recommendations of the Joint Commissions or changes in national or global market prices for raw materials, exchange rates etc. The adjustment shall be made to the extent that the actual production costs at the time of contract conclusion change compared to those at the time of actual service provision, provided we are not in default.

3.6.  For continuous obligations, the remuneration is agreed upon as value-indexed according to the CPI 2020, and the remuneration is adjusted accordingly. The month in which the contract was concluded serves as the basis.

Costs for travel, daily, and overnight allowances will be charged separately. Travel times count as working hours.

4.1. If equipment or other materials are provided by the customer, we are entitled to charge the customer 10% of the value of the provided equipment or material as a handling surcharge.

4.2. Such equipment and other materials provided by the customer are not subject to warranty. The quality and operational readiness of such provisions lie with the customer's responsibility.

5.1. Payment terms and due dates are determined by the conditions specified in the respective offer, order confirmation, or other written agreement. These may include, in particular, advance payment, partial payments or deposits, payment before delivery, or payment after invoicing. Unless separate payment terms have been agreed upon in writing, the remuneration is due for payment without deduction upon receipt of the invoice.

5.2. The right to a cash discount requires an explicit written agreement.

5.3. Payment dedications made by the customer on transfer slips are not binding for us.

5.4. We are then also entitled to declare all outstanding claims due for services already rendered from the ongoing business relationship with the customer.

5.5. In the event of default in payment, the customer undertakes to reimburse us for the necessary and appropriate costs for collection (dunning costs, collection fees, legal fees, etc.).

5.6. In accordance with § 456 UGB, in the event of culpable payment default, we are entitled to charge 9.2 percentage points above the base interest rate.

5.7. We reserve the right to claim further damages for delay.

5.8. The customer is only entitled to a right of set-off insofar as counterclaims have been legally established or acknowledged by us.

5.9. For necessary and appropriate reminders for collection, the customer undertakes, in the event of culpable payment default, to pay reminder fees of €20 per reminder, provided that this is in reasonable proportion to the claim pursued.

6.1. The customer gives their express consent for their data to be transmitted solely for the purpose of creditor protection to the state-privileged creditor protection associations Alpenländischer Kreditorenverband (AKV), Österreichischer Verband Creditreform (ÖVC), Insolvenzschutzverband für Arbeitnehmer oder Arbeitnehmerinnen (ISA), and Kreditschutzverband von 1870 (KSV).

7.1.  Our obligation for **performance of services begins** at the earliest when all technical details have been clarified, the customer has created the technical and legal prerequisites (which we are happy to provide upon request), we have received agreed advance payments or security deposits, and the customer has fulfilled his contractual advance performance and cooperation obligations, especially those mentioned in the following sub-sections.

7.2.  In the case of installations to be carried out by us, the customer is obliged to ensure that work can begin immediately upon the **arrival of our installation personnel**.

7.3.  The customer shall arrange for the necessary **permits** from third parties as well as notifications and permits from authorities at their own expense. These can be inquired about with us.

7.4.  The **energy** and water quantities required for the performance of services, including trial operation, shall be provided by the customer at their expense.

7.5.  For the duration of the service performance, the customer shall provide us, free of charge, with **lockable rooms** inaccessible to third parties for the stay of workers and for the storage of tools and materials.

7.6.  The customer is responsible for ensuring that the necessary **structural, technical, and legal prerequisites** for the work to be produced or the purchased item are met, as described in the contract or in the information provided to the customer prior to the conclusion of the contract, or which the customer should have known based on relevant expertise or experience.

7.7.  Likewise, the customer is responsible for ensuring that the technical systems, such as supply lines, cabling, networks, and similar, are in a technically flawless and operational condition and are compatible with the works to be produced or items to be purchased by us.

7.8.  We are entitled, but not obliged, to **inspect** these **systems** for a separate fee.

7.9.  In particular, before commencing assembly work, the customer must, without being prompted, provide the necessary information about the location of **concealed power, gas, and water lines** or similar installations, escape routes, other structural obstacles, potential sources of danger, and the required static information.

7.10. Order-specific details of the necessary information can be requested from us.

7.11. The customer alone bears responsibility for the design and functionality of **parts provided** by them. There is no obligation to inspect any **documents, information, or instructions provided by the customer** – beyond the creation of a technical construction dossier and the certification of compliance with the Machinery Directive and possibly other applicable directives – with regard to the delivered item, and our liability in this respect is excluded. The obligation to issue the certificate can be contractually transferred to the customer who places the delivered item on the market.

7.12.    The customer is not entitled to **assign** claims and rights arising from the contractual relationship without our written consent.

8.1.  We are only obliged to consider subsequent
change and extension requests from the customer if they are technically necessary to achieve the purpose of the contract.

8.2.  **Objectively justified minor changes** to our service performance that are reasonable for the customer are considered to be approved in advance.

8.3.  If, for whatever reason, an **amendment** or addition to the order occurs after the order has been placed, the delivery/service period will be extended by a reasonable period.

8.4.  If, after the conclusion of the contract, the customer wishes the services to be performed within a **shorter period**, this constitutes a contract amendment. This may necessitate overtime and/or incur additional costs due to accelerated material procurement, and the remuneration will be increased proportionally to the necessary additional effort.

8.5.  Objectively justified partial deliveries and services (e.g., plant size, construction progress, etc.) are permissible and may be invoiced separately.

2.6.  If delivery on call is agreed upon, the service/purchased item shall be deemed called off no later than six months after the order.

9.1.  Delivery/service periods and dates are only binding for us if they have been set in writing. Any deviation from this formal requirement also requires written form.

9.2.  Periods and dates shall be postponed in the event of force majeure, strike, unforeseeable delays not caused by us due to our suppliers or other comparable events beyond our control, for the period during which the respective event continues. This does not affect the customer's right to withdraw from the contract in the event of delays that make adherence to the contract unreasonable.

9.3.  If the start of the service execution or the execution is delayed or interrupted due to circumstances attributable to the **customer**, in particular due to the breach of cooperation obligations pursuant to point 7, service periods shall be extended accordingly and completion dates shall be postponed accordingly.

9.4.  We are entitled to charge **max. € 250.00 per commenced month of service delay** for the necessary **storage** of materials and equipment and the like in our premises, whereby the customer's obligation to pay and their acceptance obligation remain unaffected.

9.5.  In the event of withdrawal from the contract due to default, the customer must set an **additional deadline** by registered letter, simultaneously threatening withdrawal.

10.1.     The risk transfers to the commercial customer as soon as we make the purchased item, the material, or the work ready for collection at the factory or warehouse, deliver it ourselves, or hand it over to a carrier.

10.2.     The commercial customer shall insure themselves accordingly against this risk. We undertake to take out transport insurance at the customer's written request and expense. The customer approves any customary method of dispatch.

11.1.  If the customer is in default of acceptance for more than 4 weeks (refusal of acceptance, delay in advance services or otherwise, no call-off within a reasonable time for an order on call), and the customer has not remedied the circumstances attributable to them that delay or prevent the execution of the service despite a reasonable **setting of an additional deadline**, we may, if the contract remains valid, **dispose otherwise** of the equipment and materials specified for the service execution, provided that, in the event of continued service execution, we procure them within a period appropriate to the respective circumstances.

11.2.  In the event of the customer's default of acceptance, we are also entitled, if we insist on contract fulfillment, to store the goods with us, for which we are entitled to a **storage fee** according to item 9.4.

11.3.  In the event of a justified withdrawal from the contract, we are entitled to demand from the customer liquidated **damages** amounting to 5% of the gross order value without proof of actual damage.

11.4.  The assertion of a higher claim for damages is permissible.

12.1. The goods delivered, assembled, or otherwise handed over by us remain our property until full payment.

12.2. A resale is only permitted if we have been notified thereof in advance, stating the name and exact address of the buyer, and if we consent to the sale. In the event of our consent, the claim for the purchase price is hereby assigned to us.

12.3. Until full payment of the remuneration or purchase price, the customer must note this assignment in their books and on their invoices and inform their respective debtors thereof. Upon request, they must provide us with all documents and information necessary for asserting the assigned claims and demands.

12.4. If the customer defaults on payment, we are entitled, after setting a reasonable grace period, to demand the return of the reserved goods.

12.5. The customer must notify us immediately before the initiation of bankruptcy proceedings over their assets or the seizure of our reserved goods.

12.6. The customer explicitly agrees that we may enter the location of the reserved goods to enforce our retention of title.

12.7. The customer bears necessary and reasonable costs for appropriate legal enforcement.

12.8. The enforcement of the retention of title constitutes a withdrawal from the contract only if this is expressly declared.

12.9. We may dispose of the returned reserved goods by private sale and in the best possible way.

12.10. Until full payment of all our claims, the object of performance/purchase may not be pledged, transferred by way of security, or otherwise encumbered with third-party rights. In the event of seizure or other claims, the customer is obliged to point out our right of ownership and to notify us immediately.

13.1. For delivery items which we manufacture according to customer documents (design specifications, drawings, models or other specifications, etc.), the customer solely guarantees that the production of these delivery items does not infringe any third-party intellectual property rights.

13.2. If third-party intellectual property rights are nevertheless asserted, we are entitled to suspend the production of the delivery items at the customer's risk until the third-party rights have been clarified, unless the claims are obviously unfounded.

13.3. The customer shall indemnify and hold us harmless in this respect.

13.4. We are entitled to demand reasonable advances for costs from commercial customers for any litigation costs.

13.5. We can also claim reimbursement from the customer for necessary and useful costs incurred by us.

13.6. We are entitled to demand reasonable advances for costs for any litigation costs.

14.1. Delivery items and related execution documents, plans, sketches, cost estimates, and other documents as well as software provided by us or created through our contribution remain our intellectual property.

14.2. Their use, in particular their disclosure, reproduction, publication, and provision, including copying even in extracts, as well as their imitation, processing, or exploitation, requires our express consent.

14.3. The customer further undertakes to keep the knowledge gained from the business relationship confidential from third parties.

15.1. The warranty period for our services is 12 months from complete handover. Excluded from the warranty are normal wear and tear and maintenance-dependent wearing parts, in particular steam hoses, burners/oil nozzles, water injection nozzles, and pump kits, provided that their impairment is due to normal wear and tear or improper maintenance.

15.2. In the absence of a differing agreement (e.g., formal acceptance), the time of **handover** is the completion date, at the latest when the customer has taken possession of the service or has refused acceptance without stating reasons. On the day the customer is notified of completion, the service is deemed to have been taken into his possession in the absence of a justified refusal of acceptance.

15.3. If a joint handover is foreseen, and the customer is absent from the handover date communicated to him, acceptance is deemed to have taken place on that day.

15.4. **Rectifications** of a defect claimed by the customer do not constitute an acknowledgment of a defect.

15.5. The customer must always **prove** that the defect was already present at the time of handover.

15.6. For the rectification of defects, the customer must make the system or the devices **accessible** to us without culpable delay and grant us the opportunity for inspection by us or by experts appointed by us.

15.7. **Notices of defects** and complaints of any kind, otherwise leading to the forfeiture of warranty claims, must be communicated **in writing** immediately (at the latest after 10 working days) at the registered office of our company, with the most precise **description of the defect** possible and stating the possible causes. The goods or works complained about must be handed over by the customer, if feasible.

15.8. If the customer's **claims of defects** are **unjustified**, he is obliged to reimburse us for the expenses incurred in ascertaining the absence of defects or rectifying errors.

15.9. Any **use or processing** of the defective delivery item that threatens further damage or makes rectification of the cause difficult or impossible must be stopped by the customer immediately, unless this is unreasonable.

15.10.         We are entitled to carry out or have carried out any **investigation** deemed necessary by us, even if the goods or workpieces are rendered unusable by it. Should this investigation reveal that we are not responsible for any defects, the customer shall bear the costs of this investigation for a reasonable fee.

15.11.         The customer must grant us at least **two attempts** for the rectification of defects.

15.12. We can avert a **request for rescission of contract** by rectification or a reasonable price reduction, provided that it is not a material and irreparable defect.

15.13. If the items of performance are manufactured based on **information**, drawings, plans, models, or other **customer's specifications**, we only provide a warranty for execution according to specifications.

15.14. The circumstance that the work is not fully suitable for the agreed use does not constitute a defect if this is exclusively based on **differing** actual circumstances from the **information** available to us at the time of service provision, because the customer does not comply with his obligations to cooperate according to point 7. Likewise, it does not constitute a defect if the customer's **technical installations** such as supply lines, wiring, networks, etc., are not in a technically perfect and operational condition or are not compatible with the delivered items.

16.1. Due to the breach of contractual or pre-contractual obligations, especially due to impossibility, delay, etc., we are liable for pecuniary damages only in cases of intent or gross negligence, due to technical peculiarities, e.g. pressure and temperature fluctuations, fluctuating water quality or calcification, deviations in power and voltage supply, technically induced performance deviations, and interactions with carrier vehicles, attachments or third-party components.

16.2. This limitation also applies to damage to an item that we have taken over for processing.

16.3. Claims for damages must be asserted in court within two years, failing which they shall be forfeited.

16.4. The limitations or exclusions of liability also cover claims against our employees, representatives, and vicarious agents based on damages that they cause to the customer without reference to a contract on their part with the customer.

16.5. Our liability is excluded for damages caused by improper handling or storage, overuse, failure to comply with operating and installation instructions, incorrect assembly, commissioning, maintenance, repair by the customer or third parties not authorized by us, or natural wear and tear, provided that this event was causal for the damage. The exclusion of liability also applies to the omission of necessary maintenance.

16.6. The product properties owed are those that can be expected by the customer, considering their knowledge and experience, with regard to the approval regulations, operating instructions, and other product-related instructions and information (especially control and maintenance) from us, third-party manufacturers or importers. As a reseller, the customer must take out adequate insurance for product liability claims and indemnify and hold us harmless with regard to recourse claims.

17.1. Should individual parts of these General Terms and Conditions be invalid, the validity of the remaining parts shall remain unaffected.

17.2. The parties already undertake to agree upon a substitute provision – based on the perspective of honest contracting parties – that comes closest to the economic result of the invalid condition, taking into account industry practice.

18.1.   Austrian law applies.

18.2.   The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

18.3.   The place of performance is the registered office of the company (KECKEX GmbH, Austraße 30, 6832 Sulz).

18.4.    The place of jurisdiction for all disputes arising from the contractual relationship or future contracts between us and the customer shall be the court with local jurisdiction for our registered office.

18.5. The customer must immediately inform us in writing of any changes to their name, company name, address, legal form, or other relevant information.