General Terms and Conditions October 2024

I. Scope
The following general terms and conditions ("GTC") apply to the entire business relationship between the company "Steambow GmbH", hereinafter referred to as STEAMBOW, and the customer. The version of these GTCs valid at the time of the conclusion of the contract is decisive.

STEAMBOW and the customer agree that these terms and conditions in their respective valid version apply not only to the present business case but also to all future business cases, even if they are not explicitly referred to in individual cases.

Conflicting, supplementary, or deviating conditions of the customer are not agreed upon, even if known. These conditions are hereby expressly contradicted. This also applies if Steambow does not expressly contradict these conditions in a later contract document or other documents in which the customer refers to other terms and conditions.

The general terms and conditions also apply to future transactions of the customer with STEAMBOW in other parts of the world.

II. Conclusion of Contract
Pre-contractual communications, in particular offers, descriptions, cost estimates, and the like from STEAMBOW, are non-binding and without obligation. Images on our homepage are purely exemplary and do not represent the specific scope of delivery. The scope of delivery is explicitly and in writing specified in the webshop.

By placing an order – even if done electronically – the customer declares their binding contract offer.

The contract is concluded with the dispatch of the order confirmation by STEAMBOW to the customer. This order confirmation forms the basis of the contract and is decisive for the content and scope of the delivery.

The customer can notify changes to the contract in writing up to three days after receiving the order confirmation; otherwise, the content and scope of the order confirmation are deemed accepted. Any change requests only become effective when they have been confirmed again by STEAMBOW.

Later changes are generally not considered. If STEAMBOW nevertheless carries out the delivery according to the customer's late change requests, this is done only for reasons of goodwill and without STEAMBOW being obliged to do so. Changes and additions by the customer require our express written confirmation to be effective.

III. Price
Unless otherwise expressly agreed in writing, all prices are EXW according to Incoterms 2020, and the prices quoted are exclusive of VAT. STEAMBOW reserves the right to make price adjustments if the calculation bases have changed or other developments make this necessary.

IV. Delivery
Delivery is EXW according to Incoterms 2020.

All delivery date information from STEAMBOW is non-binding. Claims for damages by the customer due to delayed performance are excluded. In the event of obstacles, particularly due to force majeure, the delivery period is extended accordingly. This also includes measures in the context of labor disputes, especially strikes and lockouts, as well as the non-issuance of corresponding export licenses. The extension of the delivery period also applies to unforeseen obstacles and circumstances at a subcontractor. STEAMBOW is entitled to postpone production and delivery for the duration of the hindrance plus a reasonable period or to withdraw from the contract.

The originally specified delivery periods by STEAMBOW may also change due to delayed and/or changed orders from the customer.

Partial deliveries and early deliveries by STEAMBOW are permissible, with each partial delivery being invoiced separately.

V. Transport
Unless otherwise agreed in writing, transports are organized by STEAMBOW. The transport costs are borne by the customer and are invoiced separately. This clause has no influence on point IV "Delivery".VI. Payment Terms
Unless otherwise agreed in writing, the customer undertakes to pay the entire purchase price no later than three days before the delivery date. Otherwise, STEAMBOW will postpone the delivery date. The customer is only entitled to offset with STEAMBOW if their counterclaims have been legally established or acknowledged in writing by STEAMBOW. The customer has no right of retention.

VII. Retention of Title
The goods remain the property of STEAMBOW until full payment has been made.

The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns all claims arising from the resale to a third party in the amount of the invoice amount and undertakes to record the resale accordingly in their books or to indicate it in their invoices. STEAMBOW hereby accepts the assignment. After the assignment, the customer is entitled to collect the claim. STEAMBOW expressly reserves the right to collect the claim. The assertion of the retention of title does not constitute a withdrawal from the contract unless this is expressly declared in writing.

VIII. Warranty
Immediately after delivery, the customer must inspect the goods with the care prescribed in §§ 377, 378 HGB. Any defects found must be reported to STEAMBOW immediately in the form of a notice of defects, stating the nature and extent of the defects. Hidden defects must be reported immediately after discovery. If the notice of defects is not made or not made in time, the goods are deemed approved. The assertion of warranty and damage claims, the right of withdrawal due to error, and similar legal remedies due to defects are excluded in this case.

§ 933b ABGB does not apply. In the event of a complaint, the customer must store the complained goods free of charge and with the care of a prudent businessman and keep them ready for STEAMBOW until the complaint is resolved.

The warranty period is 6 months from delivery. In the event of a warranty claim, STEAMBOW is entitled to determine the type of warranty (repair, exchange, price reduction, or cancellation). The application of § 924 ABGB is expressly excluded. The burden of proof for the defective condition at the time of delivery always lies with the customer.

IX. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day you or a third party named by you, who is not the carrier, have taken possession of the entire goods (in the case of separate deliveries, from the delivery of the last partial delivery).

To exercise your right of withdrawal, you must inform us in advance by email of your decision to withdraw from this contract. (Email: support@steambow.com)

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the day we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We reserve the right to withhold the refund until we have received the goods back. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties, and functioning of the goods.

Procedure for Return
A note with the name and order number for identifying the shipment must be enclosed with the package. The products must be in their original packaging. Upon arrival of the goods, an inspection of the condition, properties, and functionality will be carried out. If damage due to improper use is found, we reserve the right to withhold a depreciation amount from the refund amount.

No Right of Withdrawal Exists
for goods that have been manufactured according to customer specifications or are tailored to the personal needs of the customer.

X. Liability
Beyond the scope of the Product Liability Act, the liability of STEAMBOW – except for personal injury – is limited to gross negligence or intent.

Liability for lost profits and other consequential damages or financial losses, lost savings, lost interest, and damages from third-party claims against the customer is expressly excluded. In any case, STEAMBOW is only liable for damages up to the amount invoiced for the goods, excluding the incidental costs mentioned in point III.

Any claims for damages expire 6 months after knowledge of the damage and the causer, but no later than 3 years after delivery.

XI. Confidentiality
The customer undertakes to use all STEAMBOW documents as well as commercial, technical, and/or other information that becomes known to them in the course of the business relationship with STEAMBOW exclusively for the proper and ordinary use of the service to be delivered. The customer will treat these at least as their own business and trade secrets, in any case with at least reasonable care, make them accessible only to those employees who need them for proper and ordinary use, not make them accessible to third parties, and protect them from theft. After the termination of this agreement or cooperation, the customer must return all documents containing confidential information from STEAMBOW and permanently delete electronic confidential information; the customer has no right of retention. The customer is prohibited from referring to STEAMBOW in advertising, external communication, and other publications without prior written consent from STEAMBOW in each individual case. This prohibition does not include the use of STEAMBOW's trademarks released by STEAMBOW, provided that it does not create the impression that the specific measure originates from STEAMBOW itself.

XII. Partial Invalidity
Should individual provisions of these terms and conditions be invalid or unenforceable, the remaining provisions remain unaffected; this also applies if individual provisions are changed in writing and by mutual agreement in individual cases. The invalid provision is replaced by the provision that comes closest to the economic purpose of the invalid provision.

XIII. Jurisdiction, Applicable Law
For all present and future contractual relationships between STEAMBOW and the customer at home and abroad, only the provisions of Austrian law apply, excluding the reference norms and the UN Convention on Contracts for the International Sale of Goods.

For all disputes arising directly or indirectly from the present and future contractual relationship at home and abroad, the Regional Court 2100 Korneuburg or the District Court 2460 Bruck an der Leitha is responsible, depending on the amount in dispute.

General Terms and Conditions of Steambow GmbH, Bäckerstraße 1, 2433 Margarethen am Moos, Austria.

As of 10/16/2024.