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General Terms and Conditions with Customer Information

Last Update: 25. September 2025

1. Validity of the GTC


1.1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between ELMAG Entwicklungs und Handels GmbH, Hannesgrub Nord 19, A-4911 Tumeltsham, Austria (hereinafter referred to as “Vendor" or „we“ or „us“) and the purchaser, who is hereinafter referred to as "Customer" or, where applicable, „Importer“ or „Buyer“, of the Vendor's products.
1.2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
1.3. All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
1.4. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
1.5. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.6. "Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.

2. General Information on Offers and Orders

2.1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
2.2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
2.3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

3.1. The Customer can select from the products offered in the Vendor's assortment and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
3.2. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
3.3. A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
3.4. A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

4. Contract Text and Contract Language

4.1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
4.2. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
4.3. The contract languages are German and English, contracts can be concluded in these languages.

5. Customer Account

5.1. The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
5.2. Customers can also place an order as a guest without having to create a Customer account.
5.3. Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
5.4. Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
5.5. The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
5.6. When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties. These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation. Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.
5.7. Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
5.8. From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

6. Prices and Shipping Costs

6.1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
6.2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.

7. Payment Methods and Terms

7.1. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
7.2. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
7.3. The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
7.4. Prepayment – If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
7.5. Purchase on account – The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction by payment to the Vendor's bank account, unless otherwise agreed. The Vendor reserves the right to carry out a creditworthiness check when selecting the payment on account method and not to offer the payment method to the Customer in the event of a negative creditworthiness check.
7.6. Credit card payment – When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorization as the legitimate cardholder.
7.7. PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.
7.8. PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
7.9. Cash payment upon collection of the goods – Payment is made in cash upon collection of the goods.
7.10. Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
7.11. The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
7.12. Customers shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the Vendor.
7.13. Customers may only exercise their right of retention insofar as the claims result from the same contractual relationship.

8.  Purchase on account

8.1. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
8.2. For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims) and undertakes to make a corresponding note in its books or on its invoices. The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

9. Delivery, Availability of Goods

9.1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
9.2. If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
9.3. If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
9.4. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
9.5. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
9.6. In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
9.7. Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
9.8. For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary.

10. Goods with Digital Elements

10.1. ‘Goods with digital elements’ means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions.
10.2. The provisions of these GTC apply accordingly to the sale of Goods with digital elements. In addition to the delivery of the goods, the Vendor is obliged to provide digital content or digital services in accordance with the contractual agreement.

11. Production and processing according to the Customer's specifications

11.1. If the contractual agreement between the parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
11.2. The Customer shall be informed of his required Cooperation within the product description or the ordering process.
11.3. In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
11.4. The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.
11.5. The Vendor shall not bear any costs for the Cooperation of the Customer.
11.6. The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
11.7. The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

12. Instructions on Withdrawal

12.1. The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
12.2. The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
12.3. The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.
12.4. A transaction between ELMAG Entwicklungs und Handels GmbH and a consumer concluded at a trade fair stand can only be withdrawn by the Consumer if ELMAG Entwicklungs und Handels GmbH is not “usually” (i.e. not permanently and regularly) present at the trade fair.
12.5. A transaction between ELMAG Entwicklungs und Handels GmbH and an Entrepreneur is not subject to the right of withdrawal. If ELMAG Entwicklungs und Handels GmbH grants an Entrepreneur a right of withdrawal in individual cases, this has to be in writing and is done without recognition of a legal obligation, purely as a gesture of goodwill and only for the case in question.

13. Warranty and Liability

13.1. The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
13.2. If a guarantee is granted for the products in addition to a statutory warranty, this guarantee can be found in the product descriptions and guarantee conditions. Customers will be informed about the guarantee conditions.
13.3. The Vendor may limit the warranty in the case of Customers who are consumers if it has specifically informed the Customers thereof and the limitation of the warranty is expressly and separately agreed and this agreement is provided to the Customer on a durable medium.
13.4. Notwithstanding the liability provisions of these GTC, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur.
13.5. In the case of used goods, the warranty of Customers who are entrepreneurs is excluded. This shortening of the time limit shall not apply in cases of fraudulent intent, intent, gross negligence, injury to life, limb and health, essential contractual obligations on which the fulfilment of the contract is based and on the fulfilment of which the Customer may rely (cardinal obligations) and in the event of the applicability of the product liability law as well as in the case of items which have been used for a building in accordance with their customary use and the defect has occurred in the building.
13.6. In the case of the purchase of used goods, the warranty claims of the Customer who is an Entrepreneur shall become statute-barred after one year from the delivery of the goods. This shortening of the time limit shall not apply in cases of fraudulent intent, intent, gross negligence, injury to life, limb and health, essential contractual obligations on which the fulfilment of the contract is based and on the fulfilment of which the Customer may rely (cardinal obligations) and in the event of the applicability of the product liability law as well as in the case of items which have been used for a building in accordance with their customary use and the defect has occurred in the building.
13.7. If the Customer is an entrepreneur, the Customer shall inspect the goods without undue delay, irrespective of the statutory obligations to give notice of defects, and shall notify the Vendor of any recognisable material defects without undue delay and in writing, and of any non-recognisable material defects without undue delay after they have been discovered. Failure to inspect and notify the Vendor in good time shall result in the exclusion of any rights to assert claims in respect of material defects.
13.8. The Customer's rights of recourse against the Seller within the scope of the entrepreneur's right of recourse in the case of purchases of consumer goods, which cannot be excluded by law, shall not be restricted.
13.9. If the Customer is an entrepreneur, the choice is between subsequent improvement (i.e. rectification of defects) of defective goods or subsequent delivery (delivery of goods free of defects) by the Vendor.
13.10. Deviations in quality, weight, size, thickness, width, finish, pattern, colour, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
13.11. In relation to Customers who are entrepreneurs, only the information in the product description or other product specifications or manufacturer information expressly included by the Vendor shall be binding for the assessment of the condition and quality of the goods. Other information in the media or public statements as well as information from the manufacturer or third parties shall not be relevant.
13.12. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
13.13. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
13.14. The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.

14. Change of GTC

14.1. The Vendor reserves the right to amend these GTC in the case of long-term debt
14.2. The Vendor will send the amended GTC to the relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
14.3. In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
14.4. Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

15. Final provisions

15.1. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Republic of Austria, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2. The place of jurisdiction shall be at the (registered) office of the Vendor if the Customer is an entrepreneur. The Vendor reserves the right to choose another admissible place of jurisdiction.
15.3. Should a provision of the contract be or become ineffective, either in whole or in part, the permissible provision which comes closest to the economic purpose of this provision shall be deemed to have been agreed. This also applies if a provision is deemed ineffective due to a measure of performance or time denominated in the contract; in such cases, a measure of performance and time which comes closest to that intended and which is legally permissible replaces the one originally agreed. This is without prejudice to the remainder of the contract. The same applies to any omissions in the contract that need to be rectified.

16. Dispute Resolution

16.1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
16.2. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

17. No Russia / No Belarus Clause

17.1. The Importer/Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014. Furthermore, the Importer/Buyer shall not sell, export or re-export, directly or indirectly, to Belarus or for use in Belarus any goods supplied under or in connection with this Agreement that fall under the scope of Article 8g of Council Regulation (EU) No 765/2006.
17.2. The Importer/Buyer shall undertake its best efforts to ensure that the purpose of 17.1. is not frustrated by any third parties further down the commercial chain, including by possible resellers.
17.3. The Importer/Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of 17.1.
17.4. Any violation of 17.1., 17.2. or 17.3. shall constitute a material breach of an essential element of this agreement, and the ELMAG Entwicklungs und Handels GmbH shall be entitled to seek appropriate remedies, including, but not limited to: (i) termination of this agreement; and (ii) a penalty of 5% of the total value of this agreement or price of the goods exported, whichever is higher.
17.5. The Importer/Buyer shall immediately inform ELMAG Entwicklungs und Handels GmbH about any problems in applying 17.1., 17.2. or 17.3., including any relevant activities by third parties that could frustrate the purpose of 17.1. The Importer/Buyer shall make available to ELMAG Entwicklungs und Handels GmbH information concerning compliance with the obligations under 17.1., 17.2. and 17.3. within two weeks of the simple request of such information.

18. EEA Restriction, Export/Use Outside the EEA; Related Warranty/Liability; Indemnification

18.1. Intended Territory and Conformity. The Products supplied by the Vendor are intended exclusively for use and resale within the European Economic Area (EEA: EU, Iceland, Liechtenstein, Norway). Outside the EEA, the Products will generally not have declarations/certifications meeting local requirements; the Vendor states that no insurance coverage is maintained for such markets.
18.2. No export or use outside the EEA. The Customer shall not, without the Vendor’s prior written consent, sell/deliver/transfer the Products to locations outside the EEA, use the Products outside the EEA, or cause third parties to do so.
18.3. Warranty/Liability in case of breach – Entrepreneurs (B2B). If the Customer is an Entrepreneur and breaches 18.2., then – to the extent permitted by law – the Vendor’s warranty and liability for defects or damages resulting from such unauthorised extra-EEA use/resale shall be excluded; this includes any fitness/compliance for third-country markets. Mandatory law remains unaffected, in particular liability for intent and gross negligence, personal injury, and product liability under the Product Liability Act (PHG).
18.4. Consumer notice. Where the Customer is a Consumer, the statutory warranty, including rights under the Consumer Warranty Act (VGG), remains unaffected. The Vendor does not warrant that the Products are usable or compliant outside the EEA; no additional (voluntary) guarantees are given for such uses. Mandatory liability (notably for personal injury, intent/gross negligence, Product Liability Act (PHG)) remains unaffected.
18.5. Indemnity (Entrepreneurs only). If an Entrepreneur uses/distributes Products in breach of 18.2. or with consent under 18.7. without fulfilling the stated conditions, the Entrepreneur shall, upon request and against appropriate evidence, indemnify and hold the Vendor harmless from and against all third-party claims, administrative actions, penalties, costs and expenses (including reasonable legal fees) to the extent arising from such unauthorised or non-compliant extra-EEA use/resale. Mandatory third-party rights (in particular Product Liability Act (PHG)) remain unaffected; this indemnity allocates risk between the parties only.
18.6. Flow-down (Entrepreneurs only). The Entrepreneur shall impose this provision on its customers (with at least the same stringency) and contractually safeguard compliance; evidence shall be provided upon request.
18.7. Consent and conditions. The Vendor may refuse or condition consent under 18.2. (e.g., proof of local regulatory compliance, labelling/documentation, product liability insurance with adequate limits, training/installation standards, export control/sanctions compliance).
18.8. Mandatory law; construction. Mandatory statutory rights – in particular under the Product Liability Act (PHG), the Consumer Protection Act (KSchG) and the Consumer Warranty Act (VGG) – remain unaffected. This clause shall be construed under Austrian law, irrespective of any choice-of-law clause.

 

 

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