General terms and conditions

1. Scope
   1. These general terms and conditions apply to legal transactions between companies for the supply of goods and, mutatis mutandis, for the provision of
   2. The Buyer agrees to these terms and conditions when placing the order Silence of the Seller or fulfillment of the contractual performance shall in no case be considered as consent to any terms and conditions of the Buyer.
2. Offers, conclusion of contract
   1. The offers of the seller are subject to change.
   2. All offer and project documents are the property of the seller and may not be made accessible to third parties.
   3. A contract is considered concluded when, after the orderer has placed an order, the seller sends an order confirmation or a delivery. Only the written order confirmation or the delivery bill of the Seller shall be authoritative for the execution and scope of the delivery. In the case of a trial purchase, retention of the equipment by the purchaser beyond the agreed trial period shall be deemed to be a completed purchase and shall be immediately invoiced at the full purchase price.
   4. The acceptance and execution of orders may be made dependent on a security or advance payment by the buyer.
3. Prices, retention of title
   1. All prices are subject to change and are net prices in Euro ex works. A price adjustment may be caused by circumstances, the occurrence of which is not dependent on the will of the Seller, including, but not limited to, changes in customs duties and currency parities, increases in levies, changes in equipment due to mandatory statutory provisions, increases in the cost of materials, higher collective agreement wages or changes in the cost price for the Seller.
   2. The delivered objects of purchase shall remain the property of the Seller until full payment of the purchase price redemption of any current acceptances and any invoice amounts incurred until then for delivery of spare parts for the object of purchase in question and repairs carried out on it (spare parts, services) together with interest. As long as the reservation of title exists, a sale, pledge, transfer by way of security, lease or other transfer of the object of purchase is not permitted without the written consent of the seller.
   3. The Buyer agrees that all payments made by him shall first be applied to repair costs, then to spare parts claims, then to interest and other ancillary charges and finally to the goods subject to retention of title During the period of retention of title, the object of purchase shall be insured by the Buyer for its full value against all risks.
4. Delivery
   1. Delivery periods are, if not expressly fixed agreed, always
   2. The Seller reserves the right to make changes to the design and shape of the Vending Machines as well as parts during the delivery period, provided that the object of sale or its appearance and function is not fundamentally changed, even if these changes arise due to mandatory statutory regulations.
   3. In case of an agreed change of the order, the Seller is entitled to reassess the delivery date.
   4. If unforeseeable circumstances or circumstances independent of the will of the parties occur, such as all cases of force majeure, which impede compliance with the agreed delivery period, the latter shall in any case be extended by the duration of these circumstances. These include, in particular, official interventions and prohibitions, transport and customs clearance delays, transport damage, shortages of energy and raw materials, labor disputes and the failure of a key customs supplier. The aforementioned circumstances shall also entitle the Supplier to extend the delivery period if they occur at the premises of the central supplier.
   5. Use and risk shall pass to the Buyer upon departure of the delivery from the Seller’s warehouse.
   6. Shipment shall always be made for the account and at the risk of the purchaser, even in the case of any carriage-paid delivery. Insurance of the goods shall be effected only upon special agreement at the expense of the buyer.
5. Payment
   1. All payments are to be made in cash, free of charges and without deductions. Checks and bills of exchange shall only be accepted by special agreement and only on account of payment. Collection and discount charges shall be borne by the purchaser. The seller can accept offered payments in checks or bills of exchange without giving reasons.
   2. Offsetting with counterclaims or withholding of payments for any reason on the part of the purchaser is not permitted.
   3. In case of exceeding the agreed term of payment, in case of loss of acceptance and in case of loss of date, the Seller is entitled to charge 12% p.a. interest on arrears. In case of default, the Buyer is obliged to pay the intervention fees in addition to the default interest.
   4. Loss of term occurs when a payment is delayed by more than eight days, consequently, in the case of partial and installment payments, all remaining installments are due immediately. Likewise, loss of date occurs if the buyer is more than eight days in arrears with the handover of bills of exchange agreed in the purchase contract. Loss of deadline entitles the seller to withdraw from the transaction and to claim damages from the buyer.
6. Warranty, guarantee, liability
   1. The Seller warrants, subject to compliance with the agreed terms of payment, that the hardware of the purchased item will be free from defects in accordance with the respective state of the art for a period of six months.
   2. The warranty shall be provided, at the Seller’s option, by repair of the purchased item or replacement of the parts sent freight prepaid. The Buyer is obliged to return any replaced parts to the Seller carriage paid. The replaced parts become the property of the seller. If the replaced parts are not returned to the Seller carriage paid within a period of 4 weeks after the new parts have been sent to the Seller, the Seller shall be entitled to invoice the replacement parts in full. For parts returned late, a handling fee of at least 10% of the value of the exchanged parts will be charged.
   3. No warranty is provided on items normally subject to special wear and tear under proper use.
   4. In case of wholesale business any warranty as well as guarantee is excluded. Compensation for indirect or direct damage (consequential damage) shall not be granted. The warranty shall expire if the object of purchase has been modified by third parties or by installation of parts of third party origin and if the damage is causally related to the modification. The warranty shall further expire if the Buyer does not comply with the regulations of the supplier regarding the handling of the object of purchase. Excluded from the warranty are damages which are due to improper or negligent handling.
   5. No warranty is provided for used equipment unless otherwise expressly agreed in the purchase contract. Warranty claims will only be considered if they are reported in writing immediately after the defect has been detected. Possible recourse claims from the title “product liability” in the sense of the PHG are
   6. The warranty shall be voided in particular if the origin of the equipment can no longer be traced due to missing factory numbers, serial numbers and the like.
7. Withdrawal from the contract
   1. If the order is cancelled by the Buyer, or if the Buyer withdraws from the transaction for a reason that does not already entitle him to withdraw from the transaction according to the law, the Seller is entitled to demand a cancellation fee in the amount of the lost profit, but at least in the amount of 20% of the purchase price.
   2. Irrespective of his other rights, the seller is entitled to withdraw from the contract,
      a.) if the execution of the delivery or the start or continuation of the service is impossible for reasons for which the purchaser is responsible or is further delayed despite the setting of a reasonable grace period,
      b.) if doubts have arisen as to the solvency of the Buyer and the Buyer, at the Seller’s request, neither makes advance payment nor provides suitable security prior to delivery, or
      c.) if the extension of the delivery time due to the circumstances listed in item 4.4 exceeds in total more than half of the originally agreed delivery time.
   3. Withdrawal by the Seller may also be declared with regard to an outstanding part of the delivery or service for the above reasons.
8. Industrial property rights and copyright
   1. Execution documents such as e.g.: Plans, sketches and other technical documents as well as samples, catalogs, brochures, illustrations and the like shall always remain the intellectual property of the Seller and shall be subject to the relevant statutory provisions with regard to reproduction, imitation, competition, etc.
   2. All copyrights to the agreed services and products of Interslot Gaming Technology GmbH (software of the games and their designations, devices and the like) are entitled to the seller. The provisions as under point 8.1 apply.
9. Jurisdiction and law
   1. The statutory provisions applicable between registered traders shall apply exclusively under Austrian law, even if the order is executed abroad.
   2. Irrespective of the amount in dispute, any legal disputes arising from this contract shall be subject to the jurisdiction of the Commercial Court of Vienna.