These terms and conditions form an integral part of every offer from VEMO GmbH and every delivery, purchase contract and, if necessary, leasing or rental contract concluded with it. They are valid from January 1st, 2017.

General terms and conditions of any kind that conflict with these terms and conditions are deemed to have been disregarded and are legally ineffective, unless otherwise agreed below.

Our offers are subject to change. We reserve the right to make technical changes to the devices or technical further developments. All technical documents remain the intellectual property of the supplier. Those in catalogs, brochures, etc. The information contained herein is only relevant if it is expressly confirmed by us in the order and purchase confirmation. The offer validity is generally two months from the date of creation. The customer agrees that VEMO GmbH can have orders delivered and invoiced by its suppliers. In this case, the terms and conditions of the respective supplier apply. Images can be symbolic images. The contract is considered concluded when we have sent the written order confirmation or actually carry out the delivery. Changes to the contract require our written confirmation to be valid.

Unless otherwise agreed in writing, the prices are net prices ex works, without packaging and without discounts. These are guide prices only. If, for whatever reason, material cost increases occur between the conclusion of the contract and the performance of the service, the applicable prices will increase accordingly, unless there are less than two months between the placing of the order and the performance of the service.

Price offers become binding if we have confirmed them with written information about the scope of services. Deliveries or services that go beyond the confirmed scope of services can be invoiced separately by us.

Delivery times are always non-binding. In the event of an agreed change to the contract, VEMO GmbH is entitled to reset the delivery date. VEMO GmbH is not liable for delivery delays caused through no fault of its own or through negligence. In such a case, the client waives the right to withdraw from the purchase for two months and also to assert claims for damages for this period. In the event of a delay in the performance of the service or an interruption caused by the client, the
The client must bear all additional costs resulting from the delay or interruption, and VEMO GmbH can make its services and expenses payable by means of a partial invoice.

In the event of force majeure or if a large or important piece of work at ours or one of our suppliers becomes unusable, we are entitled to extend the delivery period appropriately without being in default and to adjust the prices.

A delay that can be proven to have occurred due to our gross negligence entitles the client to claim compensation of half a percent for each completed week of delay, but a maximum of five percent of the invoice value in total, provided that the client has demonstrably suffered damage of this amount. Any further claims for damages by the client due to delay in delivery are excluded.

Unless otherwise agreed, goods will only be delivered against cash on delivery (for reimbursement of costs) or against advance payment net without discount plus VAT. Bills of exchange will only be accepted after special agreement and as payment, not in lieu of performance. Expenses are borne by the client. VEMO GmbH can reject offered payments in bills of exchange without giving reasons. Offsetting against counterclaims or withholding payments for any reason on the part of the client are not permitted without an express agreement. Payments must be made to one of our accounts with debt-discharging effect. If the payment deadline is exceeded, if acceptance is delayed or if deadlines are lost, VEMO GmbH is entitled to charge default interest of 5% above the discount rate announced by the ECB. In the event of default, the client is obliged to reimburse not only the default interest but also the reminder fees and the costs of legal intervention. Warranty claims asserted by the client do not entitle the client to withhold agreed payments. If a reasonable grace period is not met in the event of late payment, we may withdraw from the contract.

If the client is in arrears with a contractual payment or part of it for more than two weeks, VEMO GmbH is entitled to demand payment of the entire remaining purchase price (remaining invoice amount) immediately. Furthermore, the entire remaining claim becomes due for payment immediately if an unsuccessful execution is carried out against the client's assets, the compulsory auction of properties or compulsory administration
is approved, or if the creditworthiness and creditworthiness are reduced in any way.

VEMO GmbH reserves ownership of the goods delivered by VEMO GmbH until all claims resulting from the business relationship have been paid in full. These may only be sold in the normal course of business as long as the client is not in default of payment to VEMO GmbH. In the event of resale, the following provisions apply: The client assigns the claims arising from the sale to VEMO GmbH upon conclusion of the contract. Upon request, the client is obliged to inform third-party buyers of the assignment and to provide VEMO GmbH with all documents and information necessary to assert the assigned claims. If the goods subject to retention of title or the claims assigned to VEMO GmbH are seized, VEMO GmbH must be informed of all circumstances necessary to assert their claims.

The client's authority to sell reserved goods in the ordinary course of business ends at the latest when payments are suspended or when insolvency proceedings are filed against the client's assets. In this case, the client is obliged to release the reserved goods to VEMO GmbH upon first request from VEMO GmbH. The request for the return of the reserved goods does not constitute a withdrawal from the purchase contract. Pledging or assigning as security the reserved goods or the assigned claims is not permitted. VEMO GmbH will release the securities to which VEMO GmbH is entitled in accordance with the above provisions at its discretion to the extent that their value, taking into account the value created by the customer, exceeds the claims to be secured by 10%. VEMO GmbH must be notified immediately of any seizures, stating the seizure creditor. As soon as he has stopped payments, the client is obliged to send VEMO GmbH a list of the remaining goods subject to retention of title as well as a list of claims against the third-party debtors together with invoice credits.

VEMO GmbH guarantees that the purchased items delivered after January 1, 2019 are free of defects for a period of two years as follows: The warranty is provided by repair of the purchased item or replacement of the defective parts, exchange or price reduction, at VEMO GmbH's discretion. The right of the client and buyer to change the contract is mutually waived. The replaced parts become the property of VEMO GmbH. The wages and costs incurred for installation and removal must be borne by the client. This applies equally to all guarantee agreements. VEMO GmbH has the discretion to exchange defective goods for flawless ones of the same type.
In this case, any claim to cancellation of the contract by the client expires. The client expressly waives the right to claim for himself and his legal successors any direct or indirect damage (damage or consequential damage) and loss of profit caused by a defect in the purchased item as a result of slight or simply gross negligence. The special recourse of a company that has provided a warranty to a consumer (§ 933b ABGB) is limited by mutual agreement to the period of the statutory warranty periods (§ 933 ABGB). If the entrepreneur violates his obligation to give notice of defects within the meaning of Section 377 UGB, he loses his right to recourse. Damage caused by improper or negligent handling is excluded from the warranty and guarantee. Warranty and guarantee claims will only be recognized and taken into account if they are reported in writing immediately after the defect is discovered. Verbal or telephone communication is not sufficient.

For all products with the exception of wearing parts, VEMO GmbH offers free replacement for materials that have demonstrably not met one of the requirements of standard DIN 4757, Part 3, for two years from the date of issue of your invoice. However, VEMO GmbH is not liable for damage caused by mechanical stress, minor color deviations and/or impairments of surfaces, surface changes due to adverse weather conditions or improper handling and storage are also not covered by the guarantee; This applies to all VEMO GmbH products. Liability is excluded for damage caused by force majeure and malfunctions resulting from improper assembly and/or installation of the products. VEMO GmbH assumes no liability for any costs resulting from defects.

The prerequisite for VEMO GmbH to be liable is that the installation was carried out in accordance with the assembly instructions in the currently valid version by a licensed specialist company, if this is required by the product. The supplier or his representatives must be given the opportunity to examine complaints on site immediately after any defects occur. If necessary, written confirmation of proper commissioning as well as annual inspection and maintenance by a licensed specialist company must be presented. The guarantee services promised by VEMO GmbH only apply to its clients.

100% Smokeless Guarantee:
Pelmondo guarantees 100% freedom from smoke under the following conditions: The devices must be operated with standard pellets according to DIN/EN, under the condition that wood pellets are made from mixed wood. The use of inferior pellets as well as bark and hardwood pellets is excluded from the guarantee.

100% Lifetime Function Guarantee:
VEMO guarantees the functionality of the devices for a period of 2 years (=lifetime) under the following conditions: The devices must be demonstrably operated, serviced and cared for in accordance with the operating instructions and must not show any mechanical damage. It is prohibited to use fuels other than those specified (this can also be determined subsequently). The devices must be operated with standard pellets according to DIN/EN, under the condition that wood pellets are made from mixed wood. The use of inferior pellets as well as bark and hardwood pellets is excluded from the guarantee. Surface changes of any kind or components destroyed by violence or natural phenomena (storms, water, ice, etc.) as well as designated wear parts are excluded from the guarantee. The guarantee applies exclusively to fired components (not for accessories such as LED components, table tops, etc.).

The client or buyer must check and ensure the installation option. Furthermore, in the event of a warranty or guarantee claim, annual maintenance of the products supplied by VEMO GmbH must be proven in writing (if necessary).

We are entitled to print a company or brand name on the products to be manufactured, even without the express permission of the client.

We reserve all rights to the designs, offers, projects and the associated drawings, dimension drawings and descriptions we use. These documents, even if they do not come from us, may not be used by the client in a way that goes beyond the content of the contract. In particular, they may not be reproduced or made accessible to third parties. They must be returned to us immediately upon our request. The client is obliged to indemnify and hold us harmless against all claims made by third parties due to violations of copyrights, ancillary copyrights, other industrial property rights or personal rights. This applies in particular to all online and print media, websites, web shops,...

All text, images, graphics, sound, video and animation files as well as all designs and works are subject to copyright and other laws protecting intellectual property.

Patent infringement is theft. The consequences of a patent infringement can include significant claims for injunctive relief, damages and even criminal liability. In addition to injunctive relief, claims for damages and a right to present and inspect the patent, the patent holder is legally permitted to demand the destruction of the patent-infringing products. We would like to point out that any violation of VEMO's patents and intellectual property rights will be punished to the fullest extent without compromise.

The reseller is required to check the product range for any local legal requirements and to inform the end user of this. VEMO GmbH is not liable for violations of local ordinances and regulations. If the client is a consumer within the meaning of the Consumer Protection Act, the above provisions of the General Terms and Conditions only apply to the extent that they are not necessarily waived by the provisions of the Consumer Protection Act. Irrespective of this, it is agreed that the client (buyer) is not entitled to any claims for damages that do not constitute personal injury, provided that the damage was only caused by slight negligence on the part of VEMO GmbH.