We want to work with our business partners on the basis of mutual goodwill. The following provisions are to be used as a basis.
All agreements and promises as well as deviations from the following agreements require our written counterconfirmation in order to be legally binding. This also includes, in particular, the purchasing conditions of our business partners.
Terms of Delivery:
1 Our prices are subject to change and are non-binding.
Agreed prices, conditions and delivery times shall only become binding for us upon written confirmation.
We shall endeavour to comply with promised delivery dates.
Claims for damages of any kind due to delayed or defective delivery cannot be asserted.
Offers and sales documents:
Catalogues, price lists and other documents and offers, with the exception of the specifications, are not part of the respective purchase contract and in particular do not represent any warranties. Deviations from product specifications are permitted, provided they are insignificant or unavoidable.
Notices of Defect:
If our goods are found to be defective, the complaint must be made in writing without delay (after receipt of the goods). After inspection of the defects, the goods will be repaired or replaced at our discretion.
The statutory warranty provisions shall apply. In addition, the following provisions apply to used equipment: There are no warranty claims for commercial customers. For private end consumers in the sense of consumer protection 6 months from handover. Warranty (exclusively for new devices) is granted by us within the customary or specially agreed scope. Warranty claims can only be determined in our service workshop. Freight costs for warranty work must be borne by the sender. See also our warranty conditions. These can be found on the Internet at www.lema.at and in our showrooms or in the respective operating instructions.
Unless otherwise agreed, our invoices are payable without deduction upon acceptance of the goods. Unless otherwise stated in the Supplier’s order confirmation, all prices quoted shall be ”ex works”, including the cost of standard packaging. The deduction of discounts requires special written agreements. In the event of default in payment, the Contractor shall charge default interest at the rate customary in banking. Payments in bills of exchange or cheques shall only be deemed to be fulfilled upon encashment. The special costs, discount charges, bank commissions and stamp duties incurred upon acceptance of a bill of exchange must be borne by the buyer. We assume no liability for timely redemption, protest, notification and return of a bill of exchange in case of dishonour. All payments are to be made to us without exception. Our employees are only authorised to receive payments upon presentation of a power of attorney or a receipt issued by us. Repairs are inevitably payable net immediately after receipt of the invoice. In the event of unauthorised return, 10% of the invoice amount will be deducted as manipulation costs in the event of a credit note being issued. In the event of non-conditional payment, the seller may refuse further delivery. We reserve the right to accept bills of exchange. Interest shall not be paid on the advance payment. The purchaser is not entitled to withhold the purchase price on account of any warranty claims of his own and to offset them against counterclaims unless these counterclaims are undisputed or have been established by a court of law.
Transfer of risk and shipping:
Unless otherwise agreed, delivery ”ex works” shall be deemed to have been agreed. The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer upon delivery of the goods to the shipping agent, but no later than upon leaving the Supplier’s premises/warehouse, irrespective of whether the shipment is made from the place of performance and who bears the freight costs. The shipment of the delivery item is therefore at the expense and risk of the purchaser. This also applies to partial deliveries.
If the Purchaser so desires, the Supplier shall cover the delivery by transport insurance; the costs incurred in this respect shall be borne by the Purchaser.
The place of jurisdiction for all disputes arising from this legal transaction shall be Eferding or Wels.
The place of payment shall be the compulsory place of jurisdiction for any action on a bill of exchange. The place of performance for delivery and payments is the registered office of the supplier. The supplier is entitled to refuse new orders as long as the buyer has not fulfilled his obligations from previous contracts. If the buyer defaults on the payment of an invoice, all other outstanding invoices shall also become due for immediate payment.
Should any of the above or agreed special conditions be legally invalid, this shall not affect the validity of the remaining conditions.
Retention of Title:
The goods remain our property until payment has been made in full. In the event that the goods, which have not yet been paid for in full, are seized by a third party or, if necessary, executed by the authorities, the buyer undertakes to notify us immediately so that we can assert our right of ownership against the third party. If we take back goods delivered on the basis of the above reservation of title, the buyer shall be liable for any shortfall in proceeds resulting from resale, and he shall also reimburse any costs arising from the return transport or onward transport to third parties.
For rentals our rental conditions apply. These form the basis of every rental agreement and are available for inspection in our salesrooms and at www.lema.at. The seller is entitled to either dissolve the contractual relationship with immediate effect or to demand immediate payment of the remaining purchase price if the buyer is in default with the payment of one monthly amount. Thus, the goods must be returned at the expense of the buyer.
The Supplier’s liability shall be governed exclusively by the agreements made in the above sections. All claims not expressly granted therein – including all claims for damages as well as rights of rescission and termination, irrespective of the legal grounds – are excluded. This exclusion of liability shall not apply in the event of intent or gross negligence on the part of the supplier, a legal representative or vicarious agent.
Data Protection Act:
In accordance with DSGVO we inform you that we have stored the following data about you in our EDP system: Name, address, payment conditions, balance, debit and credit, current open items and turnover as well as key figures resulting from our business contact. These data serve for the business transaction and are not passed on by us. We will provide you with this information at any time upon request.
Subject to technical changes. Furthermore, these conditions are based on the desire to work together with our customers in a smooth and pleasant relationship.
LEMA Mayrhofer GmbH
Siegfried-Marcus-Strasse 3, A-4070 Eferding
+43 (0)7272 2314-0
+43 (0)7272 2145
FN 102718g f, Regional Court Wels
Copyright © by LEMA Mayrhofer GmbH, Siegfried-Marcus-Straße 3, A-4070 Eferding. The content and structure of this website are protected by copyright. No license or other right is granted to any person with respect to any intellectual property rights. The reproduction of information or data, in particular the use of texts or parts of texts, is only permitted for personal and informative use. Any reproduction or use of information or data is expressly prohibited and is only permitted with our prior written consent. The creation and use of copies of the complete Internet presentation in electronic or printed form are permitted, provided that the content (including information on authors and copyright) remains unchanged.
The information is provided by LEMA Mayrhofer GmbH. The texts and illustrations contained in this article have been compiled with great care; nevertheless, the information contained therein serves only as non-binding information for our customers and is based on the state of knowledge and market assessment of the employees entrusted with the preparation of this information at the time of publication. The published data are subject to continuous updating, without being able to give a guarantee for same-day topicality (also without guarantee for possible input errors). LEMA Mayrhofer GmbH reserves the right to make changes or additions to the information provided.
LEMA Mayrhofer GmbH accepts no liability for incorrect or missing information on the website. All decisions based on the information provided on the website are the sole responsibility of the user. Likewise, LEMA Mayrhofer GmbH rejects any liability in connection with the contributions made available as well as any liability for direct, concrete or consequential damages or other damages of any kind which have arisen in connection with the indirect or direct use of the information made available on the website of LEMA Mayrhofer GmbH. The same applies to all other websites to which reference is made by means of hyperlinks. LEMA Mayrhofer GmbH is not responsible for the content of websites that can be accessed via such links.
LEMA Mayrhofer GmbH was founded according to Austrian law; this contribution is therefore exclusively subject to Austrian law. Claims based on non-compliance with legal provisions in third countries are therefore excluded.
1. legal basis
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 and the Data Protection Amendment Act 2018 are designed to protect the right to personal data. We process your data exclusively on the basis of the legal provisions (DSGVO, DSG 2018, TKG 2003).
2. basic principles
2.1. The responsible party is LEMA Mayrhofer GmbH, A-4070 Eferding, Siegfried-Marcus-Straße 3
2.2. We are particularly concerned to protect and keep safe all personal data that you entrust to us. This document tells you more about how we use and process your personal data.
3. purpose limitation, legal basis, storage period and data recipients
3.1. We need the collected personal data for processing e.g.: for contract fulfilment, billing, assertion of contractual claims, for customer service purposes and for advertising purposes. The data is collected, stored, processed and used for this purpose.
3.2 The legal basis for the processing of your personal data is on the one hand the fulfilment of a contract, legitimate interests, the fulfilment of our legal or contractual obligations and on the other hand your consent (e.g. contact form, newsletter, cookies). Failure to provide the data may have different consequences. We process your personal data [contact persons, e-mail addresses, telephone numbers], as far as necessary, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory storage and documentation obligations, which result, among other things, from the Austrian Commercial Code (UGB), the Federal Fiscal Code (BAO) as well as until the end of any legal dispute, ongoing warranty and guarantee periods etc.
3.3. In the course of operating our websites, we commission software service providers and agencies who may gain access to your personal data in the course of their activities, insofar as they require the data to perform their respective services. They have committed themselves to comply with the applicable data protection regulations. Order processing contracts have been concluded in accordance with Art 28 DSGVO. You can request more information about the processors we use at firstname.lastname@example.org.
4. contact form
4.1. Your details, including personal data from our contact form, will be transmitted to us via our own mail server, processed and stored by us in order to process your enquiry. This data will not be collected or passed on without your consent. Without this data we cannot process your requests.
4.2. The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG and Art 6 para 1 lit a (consent) DSGVO.
5.1. You can register for our newsletter on the website, this is done in a double opt-in process. After registration you will receive an e-mail asking you to confirm your registration. Without the disclosure of this data, the transmission of our newsletter is not possible. You can unsubscribe from the newsletter by clicking the unsubscribe link at the bottom of each newsletter.
5.2. For the dispatch of our newsletter, we commission processors. They have committed themselves to comply with the applicable data protection regulations. An order processing contract has been concluded in accordance with Art 28 DSGVO. You can request more information about the processors we use at email@example.com.
5.3. The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit a (consent) DSGVO.
6. cookies, other tracking tools and web analysis [when using web analysis tools such as Google Analytics, eTracker etc]. tools such as Google Analytics, eTracker etc]
6.1. Cookies, other tracking technologies as well as functions of a web analysis service can be used on our internet platform in various ways. Cookies are small pieces of text information that make it possible to recognise the user and analyse your use of our websites. The information thus generated is transferred to the provider’s server and stored there. They serve to make our Internet presence more user-friendly, more effective and more secure. Cookies are also used to measure the frequency of page views and for general navigation.
6.3. We have concluded a corresponding contract with the provider for order data processing. They have undertaken to comply with the applicable data protection regulations vis-à-vis us. You can request more information about the processors we use at firstname.lastname@example.org.
6.4 Your IP address is collected but immediately pseudonymised [zB durch Löschung der letzten 8 Bit]. This means that only a rough localization is possible.
6.5. The data processing is carried out on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 DSGVO (in particular consent). Since the privacy of our users is important to us, the user data is pseudonymised.
7. consent and right of withdrawal
7.1. If your consent is required for the processing of your data, we will only process it after your express consent.
7.2. As a matter of principle, we do not process data of minors and are not authorized to do so. By giving your consent, you confirm that you have reached the age of 14 or that you have the consent of your legal guardian.
7.3 You can revoke your consent at any time at the following e-mail address: email@example.com. In such a case, the data previously stored about you will be made anonymous and subsequently used only for statistical purposes without personal reference. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
8. data security
8.1. LEMA Mayrhofer GmbH uses technical and organizational security measures in order to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorized persons. Our security measures are continuously improved in accordance with technical progress.
9. your rights
9.1. You have the right to obtain information from the person responsible LEMA Mayrhofer GmbH, 4070 Eferding, Siegfried-Marcus-Straße 3; about the personal data concerned at any time. Insofar as there is no legal obligation to retain data, you have the right to have this data deleted and to object to its processing. Furthermore, you have the right to correct the data as well as to restrict processing, to data portability and to lodge a complaint with the Austrian Data Protection Authority (Wickenburggasse 8-10, 1080 Vienna, e-mail: firstname.lastname@example.org).
9.2 Please contact us regarding your rights at email@example.com or write to:
LEMA Mayrhofer GmbH
Siegfried Marcus Street 3