As of May 2026
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of Schaider GmbH (hereinafter referred to as “us” or “we”), in the version valid at the time of the order, apply to all contractual agreements concluded between us and commercial customers (businesses) or private customers (consumers) . These GTC apply to the entire future business relationship with the customer or supplier and supersede any earlier GTC to the contrary.
1.2. By placing an order or accepting an offer made by us, the customer agrees to these GTC. These GTC apply to all future transactions, even without a subsequent express agreement.
1.3. Amendments and additions to the Terms and Conditions, as well as verbal agreements that deviate from the content of these Terms and Conditions, shall only become effective upon our written confirmation. We expressly object to any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these Terms and Conditions shall have no validity unless their validity has been expressly agreed to in writing.
2.1. The contract language is generally German. All other information and communications are provided in German. If contracts are drawn up by us in another language, these are also legally valid.
3.1. These Terms and Conditions and any contracts concluded in accordance with them are governed by Austrian substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions of the law of the country in which the customer—who is a consumer—is domiciled take precedence.
3.2. If the legal transaction is concluded with a business customer, the parties agree that the Commercial Court of Vienna shall have exclusive jurisdiction. With respect to consumers, the statutory place of jurisdiction applies.
3.3. The place of performance is the registered office of our company.
In connection with online transactions, the European Commission offers the option of online dispute resolution via an online dispute resolution platform operated by the Commission. This dispute resolution platform can be accessed via the external link https://consumer-redress.ec.europa.eu/ .
5.1. All of our offers are invitations to the customer to submit an offer. Our offers are subject to change. The customer’s order constitutes a binding offer to conclude a contract, to which the customer is bound for thirty days. The contract is not concluded until we confirm the order or actually perform the service.
5.2. For online transactions, the customer must add the goods or services to be ordered to the shopping cart. Before submitting the contractual declaration, the customer is shown the essential terms of the contract. The customer has the opportunity to correct any input errors. If the customer orders goods or services via the website (by clicking the "Place Order" button), by email, telephone, fax, or other means of distance communication, they are submitting a binding offer to conclude a purchase contract. Confirmation of receipt of the order is provided after the order is submitted via an automated email (order confirmation), which does not yet constitute acceptance of the contract. The contract is not concluded until we issue an order confirmation or actually perform the service.
5.3. Information regarding the goods or services we offer, as listed in catalogs, price lists, brochures, advertisements at trade show booths, newsletters, promotional mailings, or other media (informational materials), that is not attributable to us is non-binding unless it has been expressly declared in writing to be part of the contract.
5.4. Cost estimates are provided without guarantee and are subject to a fee. Consumers will be informed of the fee prior to the preparation of the cost estimate.
6.1. The prices we specify at the end of the ordering process are, for customers who are considered consumers, final prices including statutory value-added tax. Other packaging, transport, loading, and shipping costs are shown separately during the ordering process but are included in the final price.
6.2. For business customers, the product prices listed (including in cost estimates) are net prices excluding VAT. Any packaging, transport, loading, and shipping costs are not included in these prices. Packaging, transport, loading, and shipping costs will be billed based on actual expenses.
6.3. Errors and misprints excepted.
6.4. Unless a discount has been expressly agreed upon, the customer is not entitled to a discount deduction.
6.5. The purchase price is due immediately upon placement of the order by the customer, without any deduction. We are entitled at any time to issue partial invoices, which are due immediately unless otherwise agreed.
6.6. For continuing obligations, the fee is agreed to be value-protected in accordance with the CPI 2015, and fees are adjusted accordingly. The month in which the contract was concluded serves as the basis for this adjustment. For consumers, such an adjustment is made only if agreed upon in an individual contract.
6.7. Should labor or production costs change due to collective bargaining agreements in the industry, internal company agreements, or other costs relevant to the calculation or necessary for the provision of services—such as those for materials, energy, transportation, subcontracted work, financing, etc.—we are entitled to increase prices accordingly; the same applies to changes in manufacturing costs or procurement costs for the goods on the part of the manufacturer. We are entitled to change prices and ancillary costs at any time if the market price of the goods covered by the contract changes, provided that the goods have not yet been delivered or the customer has not yet made payment. This provision applies only to business customers.
6.8. In the event of late payment, default interest at the statutory rate will be charged from the due date of the claim. Furthermore, in the event of late payment by business customers, a flat-rate compensation fee of €40.00 will be charged for collection costs. Any additional (statutory) claims remain unaffected. If the customer is a business, any complaint regarding the goods does not entitle the customer to withhold the purchase price owed to us. Offsetting the customer’s own claims against our claims is not permitted unless the claim is undisputed, has been legally established, or is unrelated to the customer’s liabilities. If the payment deadline is exceeded, any discounts or rebates granted shall lapse and be added to the invoice.
6.9. If equipment, programs, or systems cannot be delivered, installed, or put into operation due to circumstances beyond our control, this does not release the customer from their payment obligation, unless we have provided a corresponding guarantee for installation or commissioning.
7.1. Provided that the purchase is concluded without the use of telephone communication, the customer is entitled to take the goods (hereinafter referred to as “goods”) with them immediately upon purchase—provided that the full payment has been made and the goods are in stock. If the customer does not wish to take the goods with them, they may opt to have the goods shipped to an address provided by them. Shipping costs are to be borne by the customer.
7.2. If the contract is concluded via the web shop, email, fax, or other remote means of communication, or if pickup or collection of the goods is not possible, we will fulfill the order without undue delay.
7.3. If the goods are not in stock, we will inform the customer of the estimated delivery date. However, dates and delivery times are non-binding and serve only as a guideline, unless they are expressly declared binding in writing. Excluded from these deadlines are circumstances resulting from force majeure, strikes, or unforeseeable delays on the part of our suppliers and manufacturers for which we are not responsible, or other comparable events beyond our control.
7.4. If the customer is a business, they undertake to report any transport damage to us in writing immediately upon discovery, as well as to the freight forwarder, postal service, or other carrier.
7.5. We reserve the right to ship multi-item orders either separately or collectively at our discretion, particularly if the ordered quantities are not available all at once.
7.6. For services, the scope and manner of performance are governed by the contract. The customer must cooperate in the performance of the service and enable us to provide it. To this end, the customer shall provide us with all necessary information and support so that we can perform the service. If a date for the provision of the service has been agreed upon, this date shall be deemed the time at which the service is provided. If no date has been agreed upon, we will provide the service within a reasonable period of time, following prior consultation with the customer. Any cancellation terms are governed separately in the contract.
8.1. In a brokerage sale, the sale of the used goods takes place in the name and on behalf of a third party (the seller) specifically named in the contractual documents. The buyer acknowledges that in a brokerage sale, we act solely as an intermediary and that the seller is responsible for any claims arising from the purchase. We therefore act solely as an authorized agent and are not liable for any warranty or other claims by the buyer. We retain the additional proceeds from the sale as compensation for our brokerage services.
8.2. Agricultural equipment accepted for brokerage is the exclusive and unencumbered property of the seller. The seller guarantees exclusive and unencumbered ownership in this regard and shall indemnify and hold us harmless in this respect. This includes, in particular, the reimbursement of any additional costs arising therefrom and any purchase price differences resulting from an assignment of claims. Sellers who entrust us with an item for brokerage are liable for the brokered item in accordance with the statutory warranty and liability provisions.
9.1. If the customer is a consumer, the general statutory provisions regarding the transfer of risk apply.
9.2. For deliveries to business customers, the risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as we make the goods available for pickup at the factory or warehouse, deliver them ourselves, or hand them over to a carrier (EXW).
10.1. The goods delivered or sold remain our property until all claims arising from the contract—including interest, discounts unjustifiably withheld by the customer, or deductions not recognized by us, costs incurred, and the like, regardless of the legal basis—have been paid in full.
10.2. As long as the retention of title remains in effect and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe the duty of due care. Pledging or transfer of ownership by way of security prior to full payment is excluded. Should the goods be seized, confiscated, or otherwise accessed by third parties, the customer must indicate our ownership, inform us immediately, and provide us with all information and documents necessary to enforce our right of ownership.
10.3. Resale is permitted only if we are notified in advance in a timely manner, stating the name and address of the buyer, and we consent to the sale. In the event of our consent, the purchase price claim is hereby deemed assigned to us, and we are authorized at any time to notify the third-party debtor of this assignment.
10.4. If the customer defaults on payment, we are entitled, after setting a reasonable grace period, to demand the return of the goods subject to retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract. With respect to consumers as customers, we may exercise this right only if at least one payment by the consumer has been overdue for at least six weeks and we have unsuccessfully reminded the consumer of this legal consequence and set a grace period of at least two weeks.
11.1. If the customer is a consumer, the general statutory provisions of warranty law apply. “Warranty” refers to our statutory liability for defects that the goods exhibit at the time of delivery to the customer or that the service exhibits at the time of performance. Defects that arise at a later date are generally not covered by the warranty. Warranty claims must be asserted within a period of two years from delivery, whereby we must prove within the first six months from delivery that the defect did not exist at the time of delivery. For used movable property, the period for asserting warranty claims may be reduced to one year, provided this has been agreed upon individually with the customer. In the event of a warranty claim, we are entitled to repair or replace the item. Only if repair or replacement is impossible or would involve disproportionately high costs for us, or if we cannot comply with the request for replacement or repair or cannot do so within a reasonable period of time, is the customer entitled to request a price reduction or rescission (complete termination of the contract).
11.2. If the customer is a business entity, the customer must inspect the goods immediately upon receipt and the service immediately after (partial) performance to ensure completeness and conformity with the order. Obvious defects must be reported in writing with a detailed description of the defect immediately upon receipt; defects detectable upon proper inspection must be reported within 8 days of receipt; and other defects must be reported within one week of their discovery. If no complaint is made, acceptance is deemed to have taken place and any warranty is excluded. In the event of a proper complaint, the provisions of warranty law apply. A warranty period of six months is agreed upon between business customers and us. The business customer must always prove that the defect was already present at the time of delivery. The business customer must allow us at least two attempts to remedy the defect. If repair or replacement is impossible or would involve a disproportionately high cost for us, or if we cannot comply with the request for replacement or repair, or cannot do so within a reasonable period of time, we are entitled to a price reduction or rescission (complete termination of the contract).
12.1. If a manufacturer has voluntarily undertaken to ensure that the goods will function properly for a certain period of time (manufacturer’s warranty), the manufacturer’s relevant warranties shall apply. The terms and limitations of the respective manufacturer’s warranties are set forth in the respective warranty provisions.
13.1. If the customer is a consumer, the general statutory liability provisions apply. Liability for slight negligence in the case of property damage is excluded.
13.2. If the customer is a business, we are not liable for a specific result and, in any case, are liable only for grossly negligent breaches of duty and only up to the fair market value of the goods or services purchased by the customer. Liability for slight negligence in the event of property damage is excluded. Furthermore, we are liable only for typical and foreseeable damages, i.e., those whose occurrence could reasonably have been anticipated at the time of contract conclusion based on the circumstances known at that time. Claims arising from consequential damages (including those resulting from defects), as well as from damages for which the customer can obtain insurance coverage or which are within the customer’s control, from other indirect damages and losses or lost profits, and generally from financial losses—in particular those resulting from defective, omitted, or delayed performance—are expressly excluded. Claims for damages to which the business customer is entitled in accordance with the foregoing provisions shall become time-barred within six months of becoming aware of the damage and the party responsible for it. Claims for damages under the Product Liability Act (PHG) are subject to the statutory limitation periods. Liability for recourse within the meaning of § 12 PHG is excluded, unless the party entitled to recourse proves that the defect was caused within our sphere of control and was at least due to gross negligence on our part.
13.3. Liability for damages resulting from circumstances caused by force majeure, strikes, or unforeseeable delays on the part of our suppliers or manufacturers for which we are not at fault, or other comparable events beyond our control, is excluded with respect to business customers.
14.1. The goods delivered by us must be handled and operated in accordance with the operating instructions; any handling or operation of the delivered goods contrary to the operating instructions is the sole responsibility of the customer.
15.1. Batteries and rechargeable batteries must not be disposed of with household waste. The customer is legally obligated to return used batteries and rechargeable batteries. Used batteries may contain hazardous substances that can harm the environment or human health if stored or disposed of improperly. However, batteries also contain important raw materials and can be recycled. The customer may return used batteries to collection points operated by municipalities or municipal associations, to collection points operated by manufacturers of portable batteries, or send them back to us.
15.2. In addition, the customer must arrange for the proper and environmentally sound disposal of waste materials. If we are separately commissioned to do so, the customer must additionally compensate us for this to the extent agreed upon.
16.1. Upon conclusion of a corresponding agreement for the purchased goods, we will perform repairs and services in accordance with the service agreement. The service agreement sets forth the service details. The customer (client) is responsible for ensuring all conditions necessary for the performance of the services by the agreed-upon date. Excluded are all service work attributable to careless or improper use of the goods. The relevant provisions can be found in the service agreement.
17.1. Plans, sketches, cost estimates, and other documents such as brochures, catalogs, samples, presentations, and the like remain our intellectual property. Any use, in particular the disclosure, reproduction, publication, and making available—including even partial copying—requires our express consent. All of the above-mentioned documents may be reclaimed by us at any time and must in any case be returned to us immediately and without request if the contract is not concluded.
18.1. The customer undertakes to maintain confidentiality regarding any information received from the business relationship vis-à-vis third parties.
19.1. In the case of goods, merchandise, or the provision of technical services that are subject to export controls pursuant to the relevant provisions of the Foreign Trade Act, the Foreign Trade Regulations, the Dual-Use Regulation, or other applicable regulations, the sale shall take place only subject to a legally binding undertaking of the following obligations: The export of such goods or merchandise—including in processed, modified, or disassembled form—or the provision of such technical services is permitted only with the approval of the competent authority or authorities. This obligation must be imposed on every purchaser—with the further obligation to impose it on any subsequent purchasers. The customer is obligated to obtain the necessary authorization and to engage the carrier responsible for the export.
20.1. If the customer is a business entity, force majeure or other unforeseeable obstacles within our sphere of influence release us from compliance with the agreed obligations. Force majeure includes, in particular, operational and traffic disruptions, improper performance by subcontractors, transport interruptions, or production stoppages; for the duration of the aforementioned impediment, we are released from the obligation to perform, without the customer being entitled to a price reduction or other compensation.
21.1. The customer must notify us immediately of any changes to their residential or business address as long as the contract has not been fully fulfilled by both parties. If such notification is omitted, communications shall be deemed to have been received even if they are sent to the last address provided to us.
22.1. If the customer is a business entity, the invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an economically equivalent or similar, but valid, provision.
