General Terms and Conditions (GTC)

Scope

These GTC apply to all contracts, deliveries, services, and other performances between HydroSolid GmbH and HydroSolid HIVE FlexCo (“HydroSolid”) and its customers, in particular in the field of trading as well as plant construction/installation.

Conflicting or supplementary terms of the customer shall not become part of the contract unless HydroSolid explicitly agrees in writing.

Conclusion of Contract

Offers made by HydroSolid are non-binding and subject to change unless explicitly marked as binding.

A contract is concluded through written order confirmation or by delivery/commissioning.

Prices and Payment Terms

All prices are in Euro plus applicable VAT.

Unless otherwise agreed, invoices are due within 14 days of the invoice date without deduction.

In the event of late payment, HydroSolid is entitled to charge statutory default interest.

Delivery, Installation and Transfer of Risk

Delivery dates are only binding if confirmed in writing.

Delivery shall be EXW (Incoterms 2020) unless explicitly agreed otherwise.

For deliveries including installation, the risk shall pass to the customer upon successful acceptance.

Retention of Title

The delivered goods remain the property of HydroSolid until full payment has been received.

The customer must handle the goods subject to retention of title with care and insure them against damage.

Customer’s Duties of Cooperation

The customer shall ensure that all structural, technical, and organizational prerequisites for installation and operation of the plant are fulfilled in good time.

The customer is obliged to comply with the manuals, operating and maintenance instructions provided by HydroSolid.

If these manuals are not observed, any warranty or liability on the part of HydroSolid shall lapse.

Warranty

The warranty period is 12 months from delivery or joint Factory Acceptance Test (FAT).

Obvious defects must be reported in writing immediately, at the latest within 7 days after receipt.

HydroSolid may, at its discretion, provide rectification, replacement, or price reduction.

Liability

HydroSolid shall be liable for intent and gross negligence.

In the event of breach of essential contractual obligations, HydroSolid shall also be liable for slight negligence, but limited to the typical, foreseeable damage.

HydroSolid shall not be liable for damages resulting from failure by the customer to comply with manuals or operating instructions, or from unauthorized modifications to the plant.

Liability for indirect damages, loss of profit or consequential damages is excluded to the extent permitted by law.

Liability under the Product Liability Act and for personal injury remains unaffected.

Force Majeure

HydroSolid shall not be liable for delays or failure to perform due to force majeure, in particular natural disasters, pandemics, strikes, official measures, or global supply chain disruptions.

Data Protection

HydroSolid processes personal data in accordance with GDPR and Austrian Data Protection Law.

Details can be found in the privacy policy on the HydroSolid website.

Final Provisions

Austrian law shall exclusively apply, excluding the CISG.

Place of performance and jurisdiction is HydroSolid’s registered office.

If any provision is invalid, the validity of the remaining provisions shall remain unaffected.