GTC

General Terms and Conditions (GTC) of EU-TRACK GMBH
(as of 23.06.2026)
Notice: Express attention is drawn to the clauses particularly highlighted in these terms (in particular §3 default in payment and consequences of default, §5 retention of title, §7 limitation of liability, §13 choice of law, exclusion of the UN Convention on Contracts for the International Sale of Goods and place of jurisdiction).

§1 Scope
(1) These General Terms and Conditions (GTC) apply to all offers, deliveries and services of EU-TRACK GMBH ("Seller") to companies, organizations or self-employed persons acting in the course of their commercial, professional or self-employed activities ("Customer").
(2) Consumers who acquire the goods or services exclusively for private purposes are not subject to these GTC.
(3) Deviating or supplementary terms and conditions of the Customer shall apply only if they have been expressly acknowledged in writing by the Seller.

§2 Offers and Conclusion of Contract
(1) All offers are subject to change and non-binding.
(2) A contract shall only be concluded upon written order confirmation by the Seller.
(3) Information in catalogues, drawings, weight or dimensional specifications shall be deemed approximate only, unless expressly designated as binding in writing.

§3 Prices and Payment Terms
(1) All prices are understood EXW production site Germany (Incoterms® 2020), plus statutory VAT and ancillary costs (packaging, transport, insurance, duties).
(2) As standard, delivery shall be made DAP Customer location (EU/EEA, Incoterms® 2020). The corresponding transport costs shall be invoiced separately as a service.
(3) Payments shall be made exclusively in euros (EUR). All costs for bank transfers, bank charges or exchange-rate differences shall be borne by the Customer and may not be deducted from the invoice or payment obligation. A payment shall only be deemed fulfilled once the full invoice amount, without deductions, has been credited to the Seller's account specified on the invoice.
(4) Invoices are due net within 21 days from the invoice date unless otherwise agreed in writing.
(5) In the event of default in payment, the following provisions shall apply:
a) Default interest in the amount of 9.2 percentage points above the base interest rate of the European Central Bank (ECB),
b) entitlement to the statutory lump sum of EUR 40 for recovery costs pursuant to § 458 UGB,
c) reimbursement of further necessary recovery costs (e.g. debt collection, lawyer).
(6) In the event of default in payment, the Seller shall be entitled to withhold further deliveries until all outstanding claims have been settled.

§4 Delivery, Transfer of Risk and Partial Deliveries
(1) Deliveries shall generally be made under the Incoterms terms agreed in §3(2).
(2) Risk shall pass to the Customer upon delivery at the agreed place of destination.
(3) Delivery dates are non-binding unless expressly confirmed in writing as fixed dates.
(4) Partial deliveries are permitted and shall be deemed separate deliveries.

§4a Intended Use and Manufacturer's Manual
(1) The Customer shall use, store, transport and install the delivered products exclusively for their intended purpose and in accordance with the manufacturer's manual applicable at the relevant time.
(2) The intended use shall be governed in particular by the load limits, ground and preparation requirements, and installation and storage instructions specified in the manufacturer's manual. The manufacturer's manual shall be made available to the Customer with the offer or order confirmation.

§5 Retention of Title
(1) The delivered goods shall remain the property of the Seller until all claims of the Seller arising from the business relationship have been paid in full or --- insofar as a retention of title exists in favour of an upstream supplier --- the property of the respective upstream supplier. In this case, the Customer shall acquire title only once the Seller itself has acquired title. Until then, the Customer shall have only an expectant right.
(2) The Customer hereby assigns to the Seller all claims arising from any resale of goods subject to retention of title, and the Seller hereby accepts such assignment.
(3) The Customer is obliged to store the goods carefully and insure them against loss or damage until title has transferred.

§6 Warranty
(1) The Seller warrants against defects in accordance with the statutory provisions (§§ 922 et seq. ABGB) and the Warranty Conditions (WC) of the Seller, as amended from time to time. The WC form part of these GTC; in particular, they regulate the warranty period, the duty to give notice of defects, warranty remedies, and the exclusion of the presumption under § 924 ABGB.
(2) The duty to give notice of defects pursuant to § 377 UGB remains unaffected. Apparent defects must be notified in text form without undue delay after delivery, and hidden defects without undue delay after discovery; the details and time limits are governed by the WC.
(3) The WC shall be made available to the Customer with the offer or order confirmation and can be accessed at https://gwb.eutrack.com.
(4) Express attention is drawn to the clauses particularly highlighted in the WC (limitation of liability, exclusion of the presumption under § 924 ABGB, notification and complaint periods including preclusion).
(5) These terms apply in addition to the Seller's other contractual terms (GTC, Warranty Conditions). In the event of contradictions, the provision more favourable to the Customer shall apply; if it cannot be determined which provision is more favourable, the GTC shall prevail.

§7 Liability
(1) The Seller shall have unlimited liability for intent and gross negligence in accordance with the statutory provisions.
(2) In cases of slight negligence, the Seller shall be liable only for breach of material contractual obligations (cardinal obligations), meaning obligations whose fulfilment is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In such cases, liability shall be limited to the damage typical for the contract and foreseeable at the time the contract was concluded. (3) Liability under para. (2) shall be limited per loss event to the higher of (a) the net order value of the affected delivery and (b) EUR 250,000; in aggregate, liability shall be limited to the total net revenue generated with the Customer in the insurance year. (4) Liability for slight negligence outside the breach of material contractual obligations is excluded. Liability for indirect damage, consequential damage or loss of profit, in particular production downtime, is excluded within the scope of paras. (2) to (4).
(5) The Seller accepts no liability for damage caused by improper use, incorrect installation, insufficient preparation of the place of use (in particular insufficient load-bearing capacity of the ground) or exceeding the load limits specified in the manufacturer's manual (§ 4a). The Seller recommends that the Customer obtain construction all-risk or machinery insurance appropriate to the respective use.
(6) The Seller's liability shall remain unaffected and unlimited in amount in cases of intent, gross negligence, culpable injury to life, body or health (personal injury), fraudulently concealed defects, and under the Product Liability Act (PHG, Federal Law Gazette No. 99/1988, as amended). The limitations in paras. (2) to (5) shall not apply to these cases.

§8 Force Majeure
(1) The Seller shall not be liable for delays in delivery or inability to deliver caused by events of force majeure. Force majeure includes in particular natural disasters, pandemics and pandemic measures, strikes and industrial action by third parties, war, embargoes, official orders, and transport or raw-material shortages for which the Seller is not responsible. Procurement difficulties or fluctuations in material prices within the Seller's sphere of responsibility do not constitute force majeure.
(2) In such cases, delivery periods shall be extended appropriately. If the event lasts longer than 60 days both parties shall be entitled to withdraw from the contract.

§9 Confidentiality and Intellectual Property Rights
(1) All drawings, technical documents, patents, trademark rights and other intellectual property rights shall remain the property of the Seller or its licensors.
(2) The Customer may not reproduce, disclose or otherwise make them accessible to third parties without written consent.

§10 Data Protection
The Seller processes personal data exclusively for the performance of the contract and in accordance with the General Data Protection Regulation (GDPR). Further information is available in the privacy policy.

§11 Confidentiality of Commercial Terms
Prices, discounts and other individually agreed terms shall be treated as confidential and may not be disclosed to third parties without the Seller's written consent.

§12 Severability Clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

§13 Governing Law, Jurisdiction, Precedence and Language
(1) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Vienna, Austria. The Seller shall also be entitled to bring proceedings against the Customer at the Customer's general place of jurisdiction.
(2) In addition to these GTC, the Warranty Conditions (WC) of the Seller, as amended from time to time, shall apply and shall form part of these GTC. These terms apply in addition to the Seller's other contractual terms (GTC, Warranty Conditions). In the event of contradictions, the provision more favourable to the Customer shall apply; if it cannot be determined which provision is more favourable, the GTC shall prevail.
(3) The German-language version of these GTC shall be authoritative. In the event of discrepancies or doubts of interpretation between the German and English versions, the German version shall prevail.

Warranty Conditions (GWB) of EU-TRACK GMBH
(Version dated 23.06.2026)
Notice: Particular attention is expressly drawn to the clauses specifically highlighted in these conditions (in particular §6 Exclusion of the presumption under § 924 ABGB, §7 Limitation of Liability, §3 Notification and Complaint Periods including Preclusion).
These conditions govern the statutory and extended warranty (standard service, included in the scope of delivery).

STATUTORY AND EXTENDED WARRANTY

§1 Scope of Application
(1) These Warranty Conditions (GWB) apply to all deliveries of EU-Track ground protection mats and accessories by EU-TRACK GMBH (the "Seller") to companies, organisations or self-employed persons acting in the course of their commercial, professional or self-employed activities (the "Customer").
(2) Consumers who purchase the goods exclusively for private purposes are not covered by these Conditions.
(3) These Conditions govern the statutory warranty (§§ 922 et seq. ABGB) as agreed for business-to-business transactions.
(4) These GWB supplement the Seller's General Terms and Conditions (AGB) and do not replace them. These Conditions apply alongside the Seller's other contractual terms (AGB, Warranty Conditions). In the event of contradictions, the provision more favourable to the Customer shall apply; if it cannot be determined which provision is more favourable, the AGB shall prevail.

§2 Warranty Period
(1) The Seller provides a warranty for defects in the goods that are present at the time of handover for 24 months from the delivery date.
(2) The delivery date of the affected goods to the Customer shall determine the commencement and duration of the period.

§3 Customer Obligations (Duty to Inspect and Give Notice of Defects)
(1) The Customer shall inspect the delivered goods without undue delay after delivery.
(2) Recognisable (obvious) defects must be reported in text form within 5 working days of delivery. Hidden defects must be reported in text form without undue delay after discovery.
(3) Notice shall be given in text form by email (preferred) or by letter; both channels are equally effective for meeting the deadline. The preferred channel is email to support@eutrack.com; notice by letter to the Seller's business address shall equally meet the deadline. The notice must specify the nature of the defect, the operating conditions and the relevant order number.
(4) At the Seller's request, the Customer shall provide suitable evidence (photos, videos or a representative sample) and return the defective goods upon request. Where return during ongoing use cannot reasonably be expected of the Customer, photos or videos shall suffice for documenting the damage until the use has been completed.
(5) If timely notice pursuant to para. (2) is not given, warranty claims relating to that defect shall be precluded; to that extent, the goods shall be deemed accepted. The duty to inspect and give notice of defects under § 377 UGB remains unaffected. This shall not apply to defects fraudulently concealed (§ 377 para. 5 UGB).

§4 Scope of Warranty
(1) Warranty claims shall exist in the event of material or manufacturing defects that impair the functionality of the products under normal, intended operating conditions.
(2) The warranty excludes damage caused by:
a) normal wear and tear, abrasion and cosmetic changes,
b) improper handling, storage, installation or transport contrary to the Manufacturer's Manual (cf. AGB § 4a),
c) unauthorised alterations, repairs or modifications,
d) unusual or extreme use outside the manufacturer's specifications, in particular exceeding the load limits specified in the Manufacturer's Manual,
e) insufficient preparation of the site of use, in particular inadequate load-bearing capacity of the ground,
f) force majeure (§ 8).

§5 Warranty Remedies
(1) In the event of a defect that has been reported in due time and is covered by the warranty, the Seller shall initially have the right to repair (rectification) or replace (replacement delivery) within a reasonable period. The Seller shall choose between repair and replacement, taking reasonable account of the Customer's interests; if the selected form of subsequent performance is unreasonable for the Customer, the Customer may request the other form.
(2) If repair or replacement fails, is impossible, is refused by the Seller or is not effected within a reasonable period, the Customer shall be entitled to the statutory remedies of price reduction and rescission (§ 932 ABGB).
(3) The Seller may provide a credit note equal to the net value of the goods instead of repair or replacement only with the Customer's consent.
(4) In the case of defects that impair usability only insignificantly, the right to repair or replacement shall remain; the right to rescission is excluded in such cases (§ 932 para. 4 ABGB).

§6 Exclusion of the Presumption under § 924 ABGB (Burden of Proof)
The presumption under § 924 sentence 2 ABGB, according to which a defect that becomes apparent within six months after handover is presumed to have already existed at the time of handover, is mutually excluded by the parties in business-to-business transactions. The Customer must prove that the defect existed at the time of handover.

§7 Limitation of Liability
(1) The Seller shall be liable without limitation in accordance with the statutory provisions in cases of intent and gross negligence.
(2) In cases of slight negligence, the Seller shall be liable only for breach of material contractual obligations (cardinal obligations), i.e. obligations whose performance is essential to the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability shall be limited to damage typical for the contract and foreseeable at the time the contract was concluded. (3) Liability under para. (2) shall be limited per loss event to the higher of (a) the net order value of the affected delivery and (b) EUR 250,000; in aggregate, liability shall be limited to the total net revenue generated with the Customer during the insurance year. (4) Liability for slight negligence outside the breach of material contractual obligations is excluded. Liability for indirect damages, consequential damages or loss of profit, in particular production downtime, is excluded within the scope of paras. (2) to (4).
(5) The Seller recommends that the Customer take out construction works or machinery insurance appropriate to the respective application.
(6) The Seller's liability for intent, gross negligence, culpable injury to life, body or health (personal injury), fraudulently concealed defects and under the Product Liability Act (PHG, Federal Law Gazette No. 99/1988, as amended) shall remain unaffected and unlimited in amount. The limitations in paras. (2) to (5) shall not apply in these cases.

§8 Force Majeure
(1) The Seller shall not be liable for delays or damage caused by force majeure. Force majeure includes, in particular, natural disasters, war, embargoes, official orders, pandemics and pandemic-related measures, as well as strikes and industrial action by third parties. Procurement difficulties or fluctuations in material prices within the Seller's sphere of responsibility do not constitute force majeure.
(2) In such cases, performance periods shall be extended appropriately. If the event continues for more than 60 days, both parties shall be entitled to withdraw from the contract.

§9 Severability Clause
Should individual provisions of these GWB be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

§10 Applicable Law, Jurisdiction, Relationship to the AGB and Language
(1) Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Vienna, Austria.
(2) These GWB apply in addition to the Seller's General Terms and Conditions (AGB) and do not replace them. These Conditions apply alongside the Seller's other contractual terms (AGB, Warranty Conditions). In the event of contradictions, the provision more favourable to the Customer shall apply; if it cannot be determined which provision is more favourable, the AGB shall prevail.
(3) The German-language version of these GWB shall be authoritative. In the event of contradictions or doubts of interpretation between the German and English versions, the German version shall prevail.