GENERAL TERMS OF BUSINESS OF MAIER&WALLNER OG / APEX CUSTOMMADE SNOWBOARDS

§ 1 ORDERS

ORDERS MUST BE PLACED IN WRITING (BY FAX OR E-MAIL) USING AN ORDER FORM. MAIER&WALLNER OG SHALL ACCEPT NO LIABILITY FOR DATA TRANSMISSION ERRORS. ESTIMATES MAY BE REVOKED AT ANY TIME PENDING THEIR ACCEPTANCE BY THE CUSTOMER. INFORMATION ON PRODUCT FEATURES, PERFORMANCE, SIZE, WEIGHT ETC. SHALL NOT BE BINDING, UNLESS EXPLICITLY STATED IN THE CONTRACT. IN SUBMITTING AN ORDER AND ANY ATTACHMENTS/UPLOADS, CUSTOMERS ARE MAKING A LEGAL AND IRREVOCABLE OFFER TO PURCHASE A BOARD MANUFACTURED TO THEIR SPECIFICATION (ORDER). MAIER&WALLNER OG MAY REFUSE TO ENTER INTO A CONTRACT WITHOUT STATING REASONS. THIS SHALL MAINLY APPLY WHERE THE ORDER CONTAINS RACIST, FASCIST, SEXIST OR PORNOGRAPHIC STATEMENTS. MAIER&WALLNER OG SHALL FURTHER REFUSE TO ENTER INTO A CONTRACT IF THE USE AND PROCESSING OF GRAPHICS AND IMAGES OR TEXTS INFRINGES TRADEMARKS, COPYRIGHTS OR OTHER THIRD PARTY RIGHTS. CUSTOMERS UNDERTAKE TO VERIFY THAT NO SUCH RIGHTS ARE INFRINGED BEFORE SUBMITTING THEIR ORDER. IF THE ORDER CANNOT BE EXECUTED, MAIER&WALLNER OG SHALL AGAIN REFUSE TO ENTER INTO A CONTRACT. CUSTOMERS HEREBY AGREE THAT, IF NEED BE, ALL DATA TRANSMITTED BY THEM SHALL BE DESTROYED IF MAIER&WALLNER OG REFUSES TO ENTER INTO A CONTRACT. MAIER&WALLNER OG SHALL STATE THAT IT AGREES TO ENTER INTO A CONTRACT BY TELEPHONE OR IN WRITING, AND CUSTOMERS HEREBY STATE THAT THIS FORM OF COMMUNICATION IS ACCEPTABLE TO THEM. CUSTOMERS' ESTIMATES SHALL CEASE TO BE VALID IF A CONTRACT IS NOT SIGNED WITHIN THE ACCEPTANCE PERIOD. IN SIGNING A CONTRACT, MAIER&WALLNER OG UNDERTAKES TO MANUFACTURE A BESPOKE ITEM TO THE CUSTOMER'S SPECIFICATION. FOR THIS REASON, IT SHOULD BE NOTED THAT CUSTOMERS ARE NOT ENTITLED TO WITHDRAW FROM CONTRACTS IN ACCORDANCE WITH THE TERMS OF § 5F (3) OF THE CONSUMER PROTECTION ACT OR TO WITHDRAW THEIR ORDER.

§ 2 PRICES/TERMS OF PAYMENT

IT IS HEREBY AGREED THAT THE PRICES IN FORCE WHEN THE CONTRACT IS SIGNED SHALL APPLY. CUSTOMERS MUST PAY THE PRICE IN ADVANCE. PAYMENT MUST BE MADE EITHER BY BANK TRANSFER USING THE PAYMENT FORM OR IN CASH, TO THE EXPRESS EXCLUSION OF ALL OTHER FORMS OF PAYMENT. CUSTOMERS SHALL MAKE PAYMENT WITH THEIR ORDER/ON SIGNATURE OF THE CONTRACT OR IMMEDIATELY THEREAFTER. GOODS SHALL BE DELIVERED FOLLOWING RECEIPT OF THE AGREED PRICE. IN THE CASE OF LARGE ORDERS, MAIER&WALLNER OG MAY REQUEST PART PAYMENT BEFORE PRODUCTION COMMENCES. ALL COSTS WHICH ACCRUE TO MAIER&WALLNER OG FOR PAYMENT REMINDERS SHALL BE BORNE BY THE PERSON WHO PLACED THE ORDER, OR BY THE CUSTOMER.

§ 3 RETENTION OF OWNERSHIP

GOODS SUPPLIED SHALL REMAIN THE PROPERTY OF MAIER&WALLNER OG PENDING FULL PAYMENT OF ALL CLAIMS PURSUANT TO BUSINESS DEALINGS.

§ 4 LIABILITY

MAIER&WALLNER OG SHALL NOT ACCEPT LIABILITY FOR INPUT AND TRANSMISSION ERRORS. MAIER&WALLNER OG SHALL NOT ACCEPT LIABILITY FOR ANY MANNER OF INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGE/LOSS OR FOR COMPENSATION FOR LOSS OF EARNINGS OR LOST DATA OR OTHER INTANGIBLE ASSETS, NOR SHALL MAIER&WALLNER OG ACCEPT LIABILITY FOR THE CONTENT AND USE OF WEBSITES TO WHICH THERE ARE LINKS ON THE
APEX-SNOWBOARDS.COM WEBSITE. WHERE MAIER&WALLNER OG CAN NONETHELESS BE HELD LIABLE, ITS LIABILITY SHALL BE LIMITED TO LOSSES CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT ON ITS PART. UNDER NO CIRCUMSTANCES SHALL IT ACCEPT LIABILITY FOR LOSSES CAUSED BY SLIGHT NEGLIGENCE. CUSTOMERS SHALL BE LIABLE FOR ALL DAMAGE INCURRED BY MAIER&WALLNER OG FROM THE STORAGE OR USE OF DATA TRANSMITTED DURING THE COURSE OF THE ORDER. MORE IMPORTANTLY, CUSTOMERS SHALL BE LIABLE FOR DAMAGE CAUSED BY THE TRANSMISSION OF COMPUTER VIRUSES. CUSTOMERS SHALL FURTHER BE LIABLE FOR ALL DAMAGE AND COSTS INCURRED BY MAIER&WALLNER OG FROM THE USE AND PROCESSING OF MATERIALS TRANSMITTED WITH THE ORDER WHERE THIS IS IN BREACH OF THIRD PARTY RIGHTS AND MAIER&WALLNER OG IS SUBSEQUENTLY AT RISK OF CIVIL OR CRIMINAL PROCEEDINGS.

CUSTOMERS SHALL INDEMNIFY MAIER&WALLNER OG IN SUCH EVENTUALITIES

§ 5 WARRANTY

MAIER&WALLNER OG SHALL PROVIDE A STATUTORY MANUFACTURER'S WARRANTY FOR THE GOODS ORDERED. IF A CONTRACT IS SIGNED, MAIER&WALLNER OG SHALL PROCESS THE INFORMATION TRANSMITTED WITH THE ORDER IN THE FORM AND TO THE STANDARD THAT IT WAS RECEIVED BY MAIER&WALLNER OG, PROVIDED THAT THIS IS TECHNICALLY AND LEGALLY POSSIBLE. INFORMATION ON WARRANTY AND WARRANTY SERVICES CAN BE FOUND ON EVERY BOARD PURCHASED AND AT APEX-SNOWBOARDS.COM .

§ 6 DELIVERY

THE DELIVERY LEAD TIME IS APPROXIMATELY 3 WEEKS FROM THE DATE OF RECEIPT OF THE ORDER BY MAIER&WALLNER OG. THIS DELIVERY LEAD TIME MAY NOT BE QUOTED FOR ORDERS OF MORE THAN 3 BOARDS, FOR WHICH INDIVIDUAL DELIVERY DATES SHALL BE AGREED WITH THE CUSTOMER. CUSTOMERS AGREE THAT BOARD(S) SHALL BE DESPATCHED USING THE TRANSPORT COMPANY CHOSEN BY MAIER&WALLNER OG. THE RISK OF DESTRUCTION OF OR DAMAGE TO THE BOARD SHALL PASS TO THE PURCHASER ON DELIVERY TO THE CARRIER AND CANNOT BE ENFORCED AGAINST MAIER&WALLNER OG. THE PLACE OF DELIVERY SHALL BE THE PLACE STIPULATED BY CUSTOMERS IN THEIR ORDER TO MAIER&WALLNER OG. DELIVERY SHALL BE CHARGED AT COST, AS PAID TO THE TRANSPORT COMPANY. DELIVERY COSTS ARE NOT INCLUDED IN THE PRICE.

§ 7 RETURNS

MAIER&WALLNER OG OFFERS NO SATISFACTION OR MONEY-BACK GUARANTEE AND ACCEPTS NO LIABILITY FOR SLIGHT DIFFERENCES IN COLOUR OR DESIGNS. MORE IMPORTANTLY, THERE IS NO SATISFACTION OR MONEY-BACK GUARANTEE FOR CUSTOMIZED GOODS.

§ 8 PLACE OF PERFORMANCE; PARTIAL INVALIDITY

UNLESS THE ORDER CONFIRMATION STIPULATES OTHERWISE, THE PLACE IN WHICH MAIER&WALLNER OG HAS ITS REGISTERED OFFICES SHALL BE THE PLACE OF PERFORMANCE. IF ONE OR MORE OF THE ABOVE TERMS OF BUSINESS ARE OR BECOME NULL AND VOID, THIS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING TERMS.

§ 9 DATA PROTECTION

WE SHALL STORE ALL ADDRESSES WHICH WE RECEIVE FROM TELEPHONE OR WRITTEN ENQUIRIES OR ORDERS FOR GOODS. THE DATA TRANSMITTED BY CUSTOMERS TO MAIER&WALLNER OG SHALL BE KEPT IN CONFIDENCE. CUSTOMERS HEREBY AGREED THAT MAIER&WALLNER OG MAY DISCLOSE THEIR IDENTITY AND DATA TO THE AUTHORITIES OR TO THIRD PARTIES INASMUCH AS THIS IS NECESSARY OR CONDUCIVE TO THE DEFENCE OR ENFORCEMENT OF RIGHTS PERTAINING TO THE AFFAIRS OF MAIER&WALLNER OG.

§ 10 COPYRIGHT

APEX CUSTOMMADE SNOWBOARDS HAS BEEN REGISTERED AS A TRADEMARK WITH THE PATENT & TRADEMARKS OFFICE. THE APEX CUSTOMMADE SNOWBOARDS LOGO MAY ONLY BE USED SUBJECT TO THE WRITTEN CONSENT OF MR. BERND WALLNER AND MR. HANS-PETER MAIER. CUSTOMERS HEREBY GRANT MAIER&WALLNER OG A SOLE AND EXCLUSIVE RIGHT TO REPRODUCE GRAPHICS AND IMAGES OR TEXTS TRANSMITTED DURING THE COURSE OF THE ORDER.

§ 11 PLACE OF JURISDICTION

IF THE CUSTOMER IS A CONSUMER WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT, THIS PLACE OF JURISDICTION CLAUSE SHALL ONLY APPLY TO PROCEEDINGS INSTITUTED BY THE CUSTOMER AGAINST MAIER&WALLNER OG. AUSTRIAN LAW ALONE SHALL GOVERN ALL LEGAL RELATIONS BETWEEN MAIER&WALLNER OG AND ITS CUSTOMERS. THE PLACE OF JURISDICTION SHALL BE ZELL AM SEE. IF INDIVIDUAL TERMS OF THESE TERMS OF BUSINESS ARE NULL AND VOID, THE REMAINING TERMS SHALL CONTINUE TO APPLY IN FULL. THE TERMS WHICH ARE NULL AND VOID SHALL BE REVISED OR SUPPLEMENTED OR REPLACED BY TERMS WHICH BEST EMULATE THE INTENDED FINANCIAL PURPOSE. THE SAME SHALL APPLY IF, DURING PERFORMANCE OF THE CONTRACT, OMISSIONS COME TO LIGHT WHICH REQUIRE RECTIFICATION.