Terms and conditions

All prices are exclusive VAT, net;

Delivery time will be 12 weeks or by arrangement;

Delivery will be made only on the basis of our general business conditions.

 

Payment

Purchase order - 60% deposit

Prior to the delivery – 30% deposit

After the receipt of these two payments the transportation of the goods will be approved.

The commissioning takes place as soon as DEVINE received this payment. The closing invoice follows the final competition. Payments against bank guarantee.

 

A formal acceptance of the installations has to be carried out by the constructor no later than 14 days after the final completion. At the same time, the personnel are briefed. The price for one staff training is included into the price. Additional staff training is charged extra. Making a final determination after the warranty period is excluded.

 

Payments have to be made within a period of 30 days net. All reviews have to be done within these period.

 

Engineering plans and documents in German and English will be created.

 

On-site/contractors duties:

  • DEVINE leaves the site broom clean, further cleaning has to be done on-site.
  • Customs costs are excluded from contracting ( client ) to take over
  • All points mentioned in the offer.
  • All connections to the electricity and water network.
  • All supply and waste pipelines (see Installation Plan)
  • All electrical connections have to be fused (FI).
  • Emergency system and an acknowledgement key has to be installed, DEVINE provides only the buttons
  • Supply and exit air needs to be channelled to the interface (outer edge of the cabin ceiling – or about 150 cm above finished floor level).
  • Finished pavement which is dried out to a residual humidity of < 3% cm prior to installation
  • Water-proof insulation of the pavement in the cabin area incl. vertical bonding according to standard
  • Sealing and gradient of the gullies
  • Levelled out floor at the region of the walls and benches
  • Finished and tiled floors at the wooden cabins and solaria
  • Note the constant flow and return temperature for all heating devices throughout the year (see installation plan)
  • For connection lines between the heating circuit and the Heating Circuit Distribution Device see installation plan
  • Connecting, filling an bleeding the Heating Circuit Distribution Device and the heating pipelines
  • Temperature mixing devices, pressure-regulator, pipe disconnector and, if necessary, pressure increase device;
  • Maintenance door (size and place see Installation Plan)
  • All floor circuits and pipes (for e.g. to the heating elements)
  • All installation openings have to have a size of at least 180 cm x 200 cm
  • All services not explicitly mentioned in the offer
  • All imposed requirements and regulations by public authorities or other institutions which are not known at the time of the offer

 

 

 

Assembling

Installation and assembling cannot start until all points mentioned above (On-site/contractors duties) are finished. In case these conditions are not met, all additional costs (dwell time, travel costs, force account) are charged extra.

 

 

Directions for guarantee

The absolute and exact adherence to the maintenance and tenance regulations of wellness-anlagenbau GmbH is essential for guarantee claims; only with the correct handling, operation and maintenance of the installed items, proper functionality is warranted (see Lifespan).

 

Lifespan

 

a) Structural Components (corpora, doors) of the delivered cabins have a lifespan of at least three years, but only in compliance with the following conditions:
 - Carry out all maintenance work by one of our certified service technicians, according to our prescribed maintenance interval;
 - Use of our prescribed brine solutions and fragrance;
 - Compliance of our cleaning requirements;
 - Observance and maintenance of the required drying time;

In case of a failure to comply with these conditions, warranty concerning the whole installation or parts of it is not extended.

 

b) Technical and electronic components (evaporator, controls, furnaces, steam and fragrance lines, pumps, manifolds, solenoid valves, etc.) in compliance with the conditions a) have a lifespan of at least one year. If a maintenance contract that guarantees a yearly maintenance of these facilities (charged extra) with our company or one of our authorized companies is closed, we can guarantee a lifespan of at least three years.


c) For wear parts (pumps, hoses, door- snapper, fans, sole and fragrance injectors, spots, seals, steam cylinder + electrodes, Sole and nebulization nozzles etc.) no guarantee can be issued. These parts are excluded from any warranty and must be exchanged during the annual maintenance.

 

Formalities:
The contract language is German. Multiple printouts of delivery receipts and invoices are provided by wellness-anlagenbau GmbH. Manuals, test certificates and authorities letter are available in German.
The translation costs have to be paid by the contractor.
The staff training can be held in German or English.

Installation Plan:
The Installation Plan is developed by DEVINE wellness-anlagenbau GmbH and it contains all exact interfaces.  This Installation Plan is for the contractor and the consignee binding.

Conditions:
We refer to our Terms and Conditions.
Conditions that are not already mentioned in the offer are detailed in the Terms and Conditions.
Accepting the offer includes accepting the Terms and Conditions.

 

 

 

General Terms and Conditions (GTC)

 

1.) General
a) The following terms and conditions apply to this, as well as to all future contracts and therefore for the whole business connections of wellness-anlagenbau GmbH with the contractor.
b)  If other agreements, that don’t comply with these Terms and Conditions, have been made, these special conditions override the Terms and Conditions.
c) The validity of the GTC shall enter into force for the contractor with the placing of the order, but no later than with the first delivery or installation of the wellness-anlagenbau GmbH. Verbal agreements are not valid until it is stipulated and agreed to in a written form.  

d) Opposing GTC transferred by the contractor are not valid and shall be submitted with the order confirmation as rejected.

e) The wellness-anlagenbau GmbH reserves the right to minor changes in their offers, catalogs, brochures or other information listed in transmissions in terms of size, scale, weight, price, design, etc. In addition the wellness-anlagenbau GmbH reserves the right to technical enhancements, design changes and color variances smaller scale, technical changes due to the circumstances on-site or due to changes in official regulatory requirements. These changes do not entitle the customer to object.

 

 

 

2) Order
a) The contractor provides wellness - anlagenbau GmbH with all necessary information, documents and tools for the preparation and planning of saunas, steam baths, sanitary facilities, etc timely. Furthermore the contractor has to ensure that all necessary regulatory approvals, official licences and the necessary statics are available when the order is placed. Wellness-anlagenbau GmbH is not obliged to proof this information, documents and tools to its accuracy, completeness or suitability.

 

b) The contractor has to finish all the on-site work to ensure delivery and assembly by the wellness-anlagenbau GmbH without any disability, impairment and delay. In addition, the contractor has to ensure that sufficiently dimensioned doors, entrances, staircases and corridors for the delivery of saunas, steam baths, solariums, etc are available. He has to provide all the connections to the electricity - and water supply network, including - and supply and exit lines, electrical wires (fused), emergency equipment including an acknowledgement key, supply and exit air to the interfaces, finished pavement which is dried out to a residual humidity of < 3% cm prior to installation, finished pavement which is dried out to a residual humidity of < 3% cm prior to installation, water-proof insulation of the pavement in the cabin area incl. vertical bonding according to standard, sealing and gradient of the gullies, levelled out floor at the region of the walls and benches, finished and tiled floors at the wooden cabins and solaria, for connection lines between the heating circuit and the Heating Circuit Distribution Device (see installation plan) connecting, filling an bleeding the Heating Circuit Distribution Device and the heating pipelines, temperature mixing devices, pressure-regulator, pipe disconnector and, if necessary, pressure increase device, maintenance door (size and place see Installation Plan), all floor circuits and pipes (for e.g. to the heating elements) as well as to allocate necessary professionals (plumbers, electricians).

 

 

c) For bio-sauna installations, steam bath and solarium installations the following preliminary work has to be done by the contractor:


d) Sauna / Saunarium: finished floor, including tiles in the sauna area and the anteroom, professional electrical and plumbing installation according to wellness-anlagenbau GmbH, preparations for the supply and exit air, isolation of the construction with dense vapor barrier to prevent condensation, constructional systems.


e) Steambath, tepidarium, showers: humidity insulated pavement, professional electrical and plumbing installation, water connection,  waste water system, supply and exit air system.


f) solaria: tiled flooring, electrical expert.


g) Whirlpool: electrical, plumbing and heating installation, bedding of the whirlpool.


h) The contractor has to provide all exact interfaces according to the Installation Plan. This Installation Plan is for the contractor and the consignee binding.

i) The participation in site meetings is at the discretion of the wellness-anlagenbau Ltd. The results of site meetings are not binding for the wellness-anlagenbau GmbH. They have only for information purposes and don’t relieve the contractor from its obligations under this contract or these general terms.

 

3) Prices and payment conditions


a) All prices are net plus VAT and plus incidental costs, such as packaging, transportation, insurance, duties, customs, installation supplies, etc., which are charged to the contractor.


b) The wellness-anlagenbau GmbH is entitled to partial invoices for services rendered part bill. For orders with a net contract sum of more than Euro 3,000, - a deposit of at least one third of the contract sum, payable within ten days after confirmation of order, has to be paid. Partial invoices have to be paid when due without deduction whether there are complaints or not. If the constructor does not meet this payment conditions on time, the wellness-anlagenbau GmbH is released from the contract until the payment is made.


c) In addition to the agreed cost, travel expenses are charged if the constructor doesn’t meet an acceptance date, preliminary work is not finished or wrongly files defects or complaints.

 

d) Accounts of wellness-anlagenbau GmbH have to be paid within eight days after the invoice date without deductions. This period is not extended due to an audit initiated by the contractor. Offsetting with actual or alleged counterclaims of the constructor is - as far as legally permissible - excluded. In the event of delay of payment, interest in the amount of eight percentage above the base rate plus a reminding fee of the Euro 10, - per reminder is being charged.


e) Discounts and deductions on invoice totals are possible only in case punctual and full payment of all invoices. If the payment of only one partial invoice is delayed, the customer has to return any discounts on former payments.


f) Payments with discharging effect can only be transferred to the Business Account wellness-anlagenbau GmbH. These are primarily for interest, costs, and then, at least on the capital account. Independently of any payment opposing dedication by the contracting authority wellness-anlagenbau GmbH is entitled to use payments on older debts.


g) The property right of the delivered devices remain at wellness-anlagenbau GmbH until the full payment of the full purchase price and additional charges.


h) In case of a delay in acceptance, delivery or assembly on the part of the contractor, wellness-anlagenbau GmbH is entitled to charge, the at the point of delivery valided prices Irrespective of any claim for damages.


i) The original contract includes no special, additional or extra services; furthermore all additional changes and services resulting from official regulations or false objections which lead to additional work on the part of wellness-anlagenbau GmbH are charged extra. These services - if not mentioned in the suppement offer – are priced according to common costs for such services in the Kufstein-area.

 

2) Delivery


a) Any delivery dates specified in the contract are not binding; not meeting the dates does not entitle the contractor to charge claims or a fine. If it is not possible to set a respite of at least 14 days, the contractor reserves the right to step back from the contract.  


b) The way of delivery is arranged by the wellness-anlagenbau GmbH. By handing the goods over to the haulier, the responsibility goes to the constructor. The unloading of the goods has to be carried out by the contractor. If a consignment is not accepted timely, wellness-anlagenbau GmbH is entitled to store the goods at a haulier on expense of the contractor.


c) The contractor has to ensure that the wellness-anlagenbau GmbH can deliver and install the goods according to contract. Therefore all preliminary work has to be finished on time ensuring wellness-anlagenbau GmbH to complete the installation without delay.

 

The driveway and access to the assembly area must be of sufficient size and held free during the installation period. The contractor has to provide wellness-anlagenbau GmbH an area within a close range to the installation to store products, tools, materials, etc.. If the installation does not happen on the access level, the contractor has to provide adequate facilities for the transportation of the materials. If he fails to meet those requirements, wellness-GmbH anlagenbau has to charge the additional costs. Is this an agreed timetable not met, the wellness-anlagenbau GmbH is entitled to a subsequent assembly - and delivery in accordance with their operational capabilities.


3) Acceptance

In case wellness-anlagenbau GmbH is installing the goods, the launching and acceptance is carried out immediately after the completion. Prior to the completion wellness-anlagenbau GmbH is informing the contractor in an adequate amount of time to schedule an appointment. The contractor cannot refuse acceptance due to minor shortcomings. Any defects have to be documented in an acceptance protocol.

 

Deficiencies noted later on do not prevent the payment of the final invoice. If the customer refuses a trial run or the acceptance without any reasons, the installation is reckoned accepted. If the contractor is not present by the time the installation is completed, he/she has to set an appointment for the acceptance within the next 14 days. If the contractor fails to do so, the installation is reckoned accepted within 14 days and trial run and acceptance have to be carried out by the contractor.  

 

 


4) Warranty
a) If the contractor runs a business in the legal sense of the UGB (Business Enterprise Code), he/she has to file any complaints specific and in a written form within 14 days after the acceptance. In case of an omitted acceptance, the period to file complaints starts with the delivery of the goods to the contractor.

 


b) The necessarily and exact and compliance with the maintenance rules provided by wellness-anlagenbau GmbH is essential for warranty claims; only in case of correct handling and maintenance the full function of the delivered and installed goods can be guaranteed (see also Pt. 7)

 


c) The wellness-anlagenbau GmbH is entitled to exclude warranty claims, if renewing devices or adding missing pieces within a reasonable amount of time. The contractor can only reject or switch appointments for remedying defects due to specific reasons. The occupancy of the house or it being main season are no such resons. If the contractor is rejecting an appointment without a reasons, the installations is considered completed and the due-date of claims and charges set in.
d) The wellness-anlagenbau GmbH is only liable for gross negligence for damages.
e) If the contractor is represented by an architect, the duty to warn does not apply.


5) Lifespan

 

a) Structural Components (corpora, doors) of the delivered cabins have a lifespan of at least three years, but only in compliance with the following conditions:
 - Carry out all maintenance work by one of our certified service technicians, according to our prescribed maintenance interval;
 - Use of our prescribed brine solutions and fragrance;
 - Compliance of our cleaning requirements;
 - Observance and maintenance of the required drying time;

In case of a failure to comply with these conditions, warranty concerning the whole installation or parts of it is not extended.

 

b) Technical and electronic components (evaporator, controls, furnaces, steam and fragrance lines, pumps, manifolds, solenoid valves, etc.) in compliance with the conditions a) have a lifespan of at least one year. If a maintenance contract that guarantees a yearly maintenance of these facilities (charged extra) with our company or one of our authorized companies is closed, we can guarantee a lifespan of at least three years.


c) For wear parts (pumps, hoses, door- snapper, fans, sole and fragrance injectors, spots, seals, steam cylinder + electrodes, Sole and nebulization nozzles etc.) no guarantee can be issued. These parts are excluded from any warranty and must be exchanged during the annual maintenance.

 

 


6) acceptance of the Customer
a) If the contractor does not accept a delivered goods, wellness-anlagenbau GmbH is allowed to store the goods at the expenses of the contractor.

 

If wellness-anlagenbau GmbH is storing the goods within on its own business premises, storage costs of 1% per day of the contract price is charged until the abolition of the delay

 

b) If the contractor delays on accepting, or he/she cannot meet the payment obligations, wellness-anlagenbau GmbH can step back from the contract after a period of 14 days. Wellness-anlagenbau GmbH is allowed to charge the actual damage, a penalty of 20% of the Total cost; Wellness-anlagenbau GmbH is also entitled to the fulfilment of the contract or a replacement of the damages occurred.

 


9) Copyright
The copyright of all plan documents, sketches, designs, drawings, models, photographs, etc. remains with the wellness-anlagenbau GmbH. The constructor is not entitled to use them without a written permission of the wellness-anlagenbau GmbH for another than the agreed purpose.


10) Agreement order-related Information
The contractor acknowledges that the wellness-anlagenbau GmbH reserves the right record and organize all order-related data and information.


11) Jurisdiction, Applicable Law
As place of fulfilment Kufstein is agreed to. For disputes arising from this contract the court of jurisdiction will be Kufstein. Exclusively to Austrian law applies, the validity of the UN-purchase right or other intergovernmental conventions is excluded.


12) Additional Clauses
f) Should any of the foregoing provisions of these Terms and Conditions be invalid, then the validity of the remaining provisions shall not be affected. The ineffective provision is to permit such to replace what the original purpose of determining the most equal.


g) Communications and declarations of the contracting authority, in particular notifications of defects, are only valid if they are in written form and sent and addressed headquarters of the wellness-anlagenbau GmbH.


h) Changes or additions to these Terms and Conditions must be in written form. Verbal agreements require for their validity also a written form and a confirmation by both parties. This is particularly true for the waiving of the requirement of written form.


i) For the purposes of consumer KSchG the above provisions apply only if they do not interfere with the requirements of the Austrian Consumer Protection Act.


j) General cost of construction (Construction site, water, Ads, etc) are only partially being taken over by wellness-anlagenbau GmbH if it is part of the contract.


k) The contract language is German. Manuals, government letters, and test certificates and all other documents are available in German. Any translation into another language has to be arranged by the contractor. The staff training can be held either in German or English.


l) The constructor allows wellness-anlagenbau GmbH to use the name of the constructor as well as photographs for promotional purposes.