General Terms and Conditions of AggregatX FlexKapGes (in formation) — As of 03/2026
1.1 These general terms and conditions apply exclusively to business-to-business (B2B) transactions — for the supply of goods and, by analogy, for the provision of services including consulting and development services.
1.2 The version of our Terms in effect at the time of conclusion of the contract shall apply, available at aggregatx.com/en-terms.html.
1.3 The Buyer's terms and conditions shall only apply with our express written consent.
1.4 We reserve all rights, in particular trademark, patent and copyright rights, in our technologies and products. The technologies of AggregatX FlexKapGes (in formation) are protected by patent applications (Patent Pending).
2.1 All offers by the Seller are non-binding and subject to change.
2.2 All offer and project documents may not be reproduced or disclosed to third parties without the Seller's consent.
3.1 A contract is deemed concluded when the Seller sends a written order confirmation or dispatches a delivery after receipt of the order.
3.2 Information in catalogs, brochures or verbal statements not incorporated into the contract shall not give rise to warranty claims or liability.
4.1 The delivery period commences from the latest of the following dates: (a) date of order confirmation; (b) date on which all prerequisites on the Buyer's part have been fulfilled; (c) date of receipt of any agreed advance payment.
4.2 The Seller is entitled to make partial deliveries and invoice these separately.
4.3 In the event of unforeseeable circumstances — including force majeure, government intervention, material shortages or supplier failures — the delivery period shall be extended accordingly.
5.1 Unless otherwise agreed, delivery is deemed sold EXW in accordance with INCOTERMS® 2020.
5.2 For services, the place of performance is as stated in the order confirmation.
6.1 Unless otherwise agreed, 1/3 of the price is due upon receipt of the order confirmation and the remainder upon delivery.
6.2 Payments are to be made without any deductions in the agreed currency.
6.3 The Buyer is not entitled to withhold or offset payments on account of warranty claims or counterclaims.
6.4 In the event of payment default, the Seller may suspend performance and charge statutory default interest.
6.5 The Seller retains title to delivered goods until full payment has been received.
7.1 The Seller is obligated to remedy any defect impairing functionality that existed at the time of handover and is attributable to a fault in design, material or workmanship.
7.2 Warranty is excluded for installation not carried out by the Seller, failure to follow operating instructions, overuse, natural wear, and unauthorized modifications without written consent.
8.1 All documentation, designs, processes and technologies remain the intellectual property of the Seller. The technologies of AggregatX FlexKapGes (in formation) are protected by patent applications (Patent Pending). Any use or disclosure without written consent is prohibited.
9.1 The Seller is only liable for damage caused by proven intent or gross negligence. Total liability is limited to the net order value or EUR 50,000, whichever is lower.
9.2 Liability for slight negligence, consequential damages and loss of profit is excluded.
10.1 The Buyer shall comply with all applicable national and international (re-)export regulations, in particular those of the EU and the USA, when reselling the goods.
The Seller processes the Buyer's personal data on the basis of Art. 6(1)(b) and (f) GDPR for contract processing. For further information, see our Privacy Policy.
12.1 Should any individual provisions be invalid, the validity of the remaining provisions shall not be affected.
12.2 The German language version shall be the authoritative version.
13.1 The exclusive place of jurisdiction is Rohrbach an der Gölsen, Austria — District Court Lilienfeld or Regional Court St. Pölten.
13.2 Austrian law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.