General Terms and Conditions (GTC)
Spinotti Industrial Service – Mathias Spinotti
Version 2.0 | Effective date: 1 November 2026
Proprietor: Mathias Spinotti
Trading name: Spinotti Industrial Service
Legal form: Sole proprietorship
Address: Hofsteigstraße 91, 6858 Schwarzach, Austria
Phone: +43 676 9449443
Email: info@spinotti-service.com
Website: www.spinotti-service.com
§ 1 Scope of Application and Contractual Basis
1. These General Terms and Conditions apply to all deliveries and services provided by Spinotti Industrial Service (hereinafter referred to as the "Contractor") to business customers and consumers (hereinafter referred to as "Customers"), provided that they have been validly incorporated into the contract.
2. They apply in particular to:
- Servicing, maintenance, inspection and repair of biomass and wood-fired heating systems;
- Fault diagnosis, troubleshooting and technical consulting;
- Commissioning, system optimisation and training;
- Modernisation, control system conversions and retrofits;
- Sale, procurement and shipment of spare parts, assemblies and technical components;
- Remote maintenance, visualisation, Smartbridge and cloud services;
- Software, licences and recurring subscriptions.
3. Individual agreements, quotations and order confirmations shall take precedence over these GTC.
4. Conflicting terms and conditions of business customers shall only become part of the contract with the Contractor's express consent.
5. Mandatory statutory consumer protection provisions shall apply to consumers. In the event of any conflict, the supplementary consumer provisions at the end of these GTC shall take precedence.
6. These GTC shall also apply to international transactions insofar as legally permissible.
§ 2 Quotations, Conclusion of Contracts and Scope of Services
1. Quotations are generally valid for 30 calendar days from the date of issue, unless otherwise stated.
2. The scope of services shall be determined exclusively by the individually agreed services and the applicable statutory contractual obligations.
3. Technical specifications and calculations are based on the information and system conditions known at the time the quotation is prepared.
4. Work not expressly commissioned, particularly additional repairs, modifications or inspections, is not automatically included in the contract.
5. If additional work becomes necessary during execution, the Contractor shall inform the Customer and obtain the required consent before performing chargeable additional work.
6. The Contractor may engage suitably qualified assistants and subcontractors, provided that personal performance has not been expressly agreed and all applicable legal requirements are observed.
7. Specific energy savings, emission improvements, system availability or performance increases shall only be owed where expressly agreed as binding characteristics or results.
§ 3 Prices, Working Hours and Additional Costs
1. The agreed prices and hourly rates shall apply.
2. For business customers, prices are generally quoted excluding applicable VAT unless otherwise stated.
3. For consumers, total prices including taxes and mandatory additional charges shall be disclosed in accordance with statutory information requirements.
4. Unless a fixed fee has been agreed, services shall be charged according to the actual and necessary work performed.
5. The following may be charged separately where validly agreed:
- Labour and diagnostic time;
- Travel to and from the site and travel time;
- Mileage;
- Necessary travel and accommodation expenses;
- Spare parts, consumables and auxiliary materials;
- Transport, packaging and shipping;
- Expressly agreed surcharges and additional services.
6. Necessary technical troubleshooting, inspection, programming and documentation are also chargeable services where agreed.
7. Troubleshooting that has been commenced or performed may remain chargeable even if the defect cannot be rectified, provided that successful repair was not agreed as a condition for payment and the statutory requirements for the payment claim are met.
8. Statutory provisions shall apply to cost estimates. Significant cost overruns shall be communicated in due time.
9. Binding agreed prices shall not be changed unilaterally without an appropriate statutory or valid contractual basis.
§ 4 Payment Terms and Advance Payments
1. All invoices are due for payment immediately upon receipt, without deduction, unless a different payment term has been validly agreed.
2. A longer payment period stated on the invoice shall be considered a payment extension granted by the Contractor, unless a different binding agreement exists.
3. For new customers and orders or contracts with a total value exceeding **EUR 5,000**, the Contractor may agree on an advance payment of up to 100%.
4. The specific amount and due date of the advance payment shall be determined before conclusion of the contract.
5. Where an advance payment has been agreed, the procurement of materials, ordering of spare parts or commencement of services may be made conditional upon receipt of that payment.
6. In the event of late payment, statutory default interest and legally permissible reminder, collection and legal enforcement costs shall apply.
7. Cash discounts are only permitted where expressly agreed.
8. In business-to-business transactions, additional security for outstanding services may be requested where there are justified doubts regarding the Customer's ability to pay, subject to statutory provisions.
9. In the event of substantial payment default, further services may be suspended in accordance with statutory requirements and, where necessary, following prior notice.
10. Statutory rights of set-off and retention shall remain unaffected.
§ 5 Delivery, Shipping and Retention of Title
1. Deliveries shall be made to the agreed delivery address.
2. Shipping, packaging, transport and, where applicable, customs clearance costs shall generally be borne by the Customer, provided that this has been validly agreed and properly disclosed before conclusion of the contract.
3. Where an advance payment has been agreed, delivery periods shall commence no earlier than receipt of that payment, unless expressly agreed otherwise.
4. Delivery dates shall only constitute binding fixed deadlines where expressly agreed.
5. In the event of delivery delays, statutory information, performance and withdrawal rights shall apply.
6. For business customers, the transfer of risk shall be governed by the agreed delivery terms or applicable statutory provisions.
7. For consumers, risk shall generally transfer only upon the legally relevant handover.
8. Delivered goods shall remain the property of the Contractor until the respective purchase price has been paid in full, insofar as such retention of title can be validly agreed under applicable law.
9. For international deliveries, responsibility for import duties, customs, transport and required documentation shall be determined in the respective contract.
10. Statutory rights relating to delayed delivery and defective goods shall remain unaffected.
§ 6 Special Orders and Customised Goods
1. Special orders are goods specifically procured, manufactured or configured at the Customer's express request.
2. In business-to-business transactions, there is no general contractual right to return properly delivered goods unless expressly agreed.
3. An agreed return of special-order goods may be made conditional upon reimbursement of actual, unavoidable costs incurred.
4. Where a business customer is responsible for termination of a contract, the Contractor shall retain all statutory and validly agreed claims, including any applicable remuneration or damages claims.
5. All statutory withdrawal and warranty rights of consumers shall remain unaffected. Statutory exceptions to withdrawal rights, particularly for certain customised goods, shall apply only where their respective requirements are met.
§ 7 Servicing, Repairs and Troubleshooting
1. The Contractor shall perform the agreed work professionally and in compliance with applicable technical and legal requirements.
2. The Customer shall provide the necessary technical information, system documentation and safe access.
3. The Customer shall disclose known faults, safety-related defects and previous modifications.
4. Troubleshooting shall constitute an independently chargeable service where agreed accordingly.
5. If a repair cannot be successfully completed for technical or economic reasons, services contractually owed and properly performed up to that point shall be charged in accordance with the agreed remuneration terms.
6. The Contractor is not obliged to comprehensively inspect system components outside the commissioned scope, unless such an obligation arises from statutory inspection, warning or duty-of-care requirements.
7. In the event of significant safety defects, the Contractor may suspend work and refuse commissioning until the necessary safety conditions have been established.
8. The Contractor shall document significant findings and any remaining restrictions in an appropriate manner.
§ 8 Existing Installations, Pre-existing Defects and Spare Parts Availability
1. Older heating systems may be affected by age-related defects, material fatigue, corrosion, wear, unavailable spare parts and technical incompatibilities.
2. By performing work on individual components, the Contractor does not automatically assume responsibility for the overall condition of the installation.
3. System components outside the commissioned scope shall not be deemed inspected or confirmed free from defects merely because maintenance or repair work has been performed.
4. No additional contractual liability is assumed for pre-existing defects that are outside the scope of the contract and were not caused by the Contractor.
5. Where the Contractor identifies safety-related defects or defects material to the commissioned services, the Contractor shall fulfil the applicable statutory inspection and warning obligations.
6. Where original spare parts are no longer available, suitable alternatives may be offered in consultation with the Customer.
7. Statutory warranty and damages claims relating to the contracted services shall remain unaffected.
§ 9 Retrofits, Control System Conversions and Commissioning
1. The agreed scope of services shall be specified in the quotation, order or technical specification.
2. Mechanical, hydraulic, electrical or structural modifications not expressly commissioned shall generally be excluded from the scope of services.
3. Integration of existing third-party components shall be based on the agreed interfaces and technical prerequisites.
4. A guarantee of full compatibility with untested third-party systems shall only be provided where expressly agreed.
5. Additional work resulting from previously unknown technical circumstances shall require an appropriate agreement.
6. The Customer shall be informed of known material limitations.
7. The Contractor shall remain responsible for professional execution, the agreed functionality and compliance with statutory safety requirements.
8. Necessary inspections and acceptance procedures shall be performed in accordance with applicable legal requirements and the agreed allocation of responsibilities.
§ 10 Remote Maintenance, Smartbridge, Visualisation and Cloud Services
1. Remote maintenance and cloud services shall be provided within the contractually agreed scope.
2. Use of these services may require a suitable internet connection, network components, power supply, compatible controllers and access permissions.
3. The Customer shall provide the technical prerequisites falling within the Customer's area of responsibility.
4. Continuous availability or specific response times shall only be owed where expressly agreed.
5. Unless otherwise agreed, no permanent system monitoring or round-the-clock fault reporting service is provided.
6. Automatic notifications and alarm functions do not replace mandatory safety devices or necessary operational monitoring of the installation.
7. Remote maintenance does not replace required on-site inspections.
8. Technically necessary maintenance windows and security updates shall be carried out with reasonable consideration for the Customer's interests.
9. The Contractor shall only be liable for failures of third-party internet, telecommunications or cloud infrastructure insofar as such failures are attributable to the Contractor under applicable statutory provisions.
10. Contract periods, fees, termination and renewal shall be governed by the respective agreement.
11. Upon termination of the contract, data provision, termination of access and data deletion shall be governed by applicable legal and contractual provisions.
12. Personal data shall be processed in accordance with applicable data protection legislation.
§ 11 Software, Licences and Digital Services
1. Software and licences shall be provided within the contractually agreed scope.
2. Rights of use shall be governed by the respective licence agreement.
3. For third-party software, the relevant licence conditions and contracting parties shall be disclosed before conclusion of the contract.
4. The Customer shall be responsible for complying with the agreed restrictions on use.
5. Legally required updates, particularly for digital services and goods with digital elements, shall remain obligatory.
6. Statutory warranty and consumer rights shall not be restricted.
§ 12 Maintenance Contracts and Recurring Services
1. Maintenance and service contracts shall be agreed individually.
2. The contract shall specify, in particular, the installations covered, scope of services, maintenance intervals, prices, duration, termination conditions and any included materials.
3. Repairs, spare parts and additional services not included in the contract shall only be charged separately where appropriately agreed.
4. Automatic contract renewal shall only take place on the basis of a valid agreement.
5. Price changes during ongoing contracts shall require an appropriate contractual or statutory basis.
6. Statutory termination rights shall remain unaffected.
7. A maintenance agreement does not constitute a guarantee of uninterrupted or fault-free system operation unless expressly agreed.
§ 13 Appointments, Cancellations and Unsuccessful Site Visits
1. Agreed appointments shall be observed by both parties unless legally recognised circumstances prevent performance.
2. Cancellations should be communicated as early as possible.
3. Where the Customer is responsible for a short-notice cancellation, actual, necessary and verifiable costs incurred may be claimed, provided that an appropriate statutory or contractual entitlement exists.
4. Such costs may include unavoidable travel, accommodation and preparation expenses.
5. Statutory remuneration claims, particularly where the Customer fails to provide necessary cooperation, shall remain reserved. Expenses saved and earnings from alternative work shall be taken into account in accordance with statutory provisions.
6. If a site visit proves unsuccessful due to circumstances attributable to the Customer, agreed and legally recoverable expenses may be charged.
7. Statutory withdrawal and termination rights shall remain unaffected.
§ 14 Customer Cooperation, Inspection and Warning Obligations
1. The Customer shall provide the information, access and documentation necessary for performance of the services.
2. Known safety defects and special operating conditions must be disclosed.
3. The Contractor shall fulfil all statutory inspection, warning and duty-of-care obligations.
4. Where significant risks are identified, the Customer shall be informed appropriately.
5. If the Customer declines a recommended measure, this may be documented.
6. Such documentation shall not release the Contractor from mandatory statutory obligations.
7. In the event of imminent danger, the Contractor may refuse to continue work or commission the installation.
§ 15 Warranty
1. The applicable statutory warranty provisions shall apply.
2. Statutory warranty rights of consumers shall not be excluded or shortened.
3. For business customers, statutory inspection and notification-of-defects obligations shall apply where their requirements are met.
4. A voluntary guarantee shall only exist where expressly provided.
5. Any guarantee shall not restrict statutory warranty claims.
6. The Contractor shall be given the opportunity to inspect alleged defects and provide the legally required remedy within the statutory framework.
7. No additional liability shall arise for damage caused exclusively by subsequent improper interventions by third parties, use contrary to the intended purpose or other causes not attributable to the Contractor.
§ 16 Liability – Business-to-Business Transactions (B2B)
1. These provisions apply exclusively to business customers.
2. Liability for damage caused intentionally and for personal injury shall not be excluded or restricted.
3. Liability for property damage and financial loss caused by slight negligence shall be excluded insofar as legally permissible. This shall not apply where such a limitation would be invalid due to essential contractual obligations or other statutory reasons.
4. No limitation of liability for gross negligence is agreed under these GTC.
5. Liability for loss of profit, production losses, business interruptions, downtime costs and indirect financial losses caused by slight negligence shall be excluded to the extent legally permissible.
6. No independent contractual liability is assumed for existing installation defects, system components outside the commissioned scope or malfunctions not caused by the Contractor.
7. The Contractor shall only be liable for damage resulting from incorrect technical information provided by the Customer or failure by the Customer to cooperate insofar as such damage is attributable to the Contractor under applicable statutory provisions.
8. Mandatory statutory liability provisions, particularly product liability claims, shall remain unaffected.
9. No monetary cap on liability is agreed.
§ 17 Liability – Consumer Transactions (B2C)
1. Mandatory statutory liability provisions shall apply to consumers.
2. Liability for personal injury, intentional misconduct and gross negligence shall not be excluded.
3. These GTC do not provide for any limitation of liability for damage to items entrusted to the Contractor for work or repair.
4. Statutory damages claims arising from breaches of essential contractual obligations shall remain unaffected.
5. No further limitation of liability towards consumers is agreed under these GTC.
§ 18 Force Majeure and Delivery Impediments
1. In the event of extraordinary circumstances beyond the responsible party's control that prevent or substantially impair performance, the applicable statutory provisions shall apply.
2. The Customer shall be informed of material effects on agreed deadlines.
3. Both parties shall endeavour to find an appropriate solution.
4. Statutory withdrawal, termination and refund rights shall remain unaffected.
§ 19 Data Protection and Technical Documentation
1. Personal data shall be processed exclusively in accordance with applicable data protection legislation.
2. Technical installation and service data may be processed to the extent necessary and legally permissible for contract performance and documentation.
3. Photographs, measurements and technical reports shall only be used on an appropriate legal basis.
4. Separate data protection and data processing agreements shall be concluded where required.
5. Further information is provided in the Contractor's privacy policy.
§ 20 Applicable Law and Jurisdiction
1. Austrian substantive law shall generally apply unless mandatory legal provisions or valid individual agreements provide otherwise.
2. For business customers, the court having subject-matter jurisdiction at the Contractor's place of business shall be agreed as the exclusive place of jurisdiction, insofar as legally permissible.
3. Mandatory jurisdiction and choice-of-law provisions applicable to consumers shall remain unaffected.
4. For international consumer contracts, mandatory protective provisions of the relevant country of residence shall remain applicable.
5. For international contracts for the sale of goods between businesses, application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded insofar as this can be validly agreed.
§ 21 Final Provisions
1. Individual agreements shall take precedence over these GTC.
2. Should any provision be invalid, the statutory legal consequences shall apply. The remaining provisions shall remain effective to the extent legally permissible.
3. These GTC shall apply only where they have been validly incorporated into the contract before or at the time of its conclusion.
4. The version agreed at the time of conclusion of the contract shall be authoritative.
Supplementary Consumer Provisions
V1. Prices and Information
Consumers shall receive all legally required information regarding services, total prices, additional charges, payment terms and essential contractual characteristics before conclusion of the contract.
V2. Right of Withdrawal for Distance and Off-Premises Contracts
1. Where the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) applies, a statutory right of withdrawal of 14 days generally exists.
2. The commencement, calculation and exercise of the withdrawal period shall be governed by statutory provisions.
3. Statutory exceptions to the right of withdrawal shall apply exclusively where their respective requirements are fulfilled.
4. Statutory exceptions may apply to urgent repair or maintenance work expressly requested by the consumer. Any additional goods or services offered shall be subject to the respective applicable rules.
5. Required withdrawal information and the model withdrawal form shall be provided separately.
6. Where a service is to commence at the consumer's express request during the withdrawal period, the legally required declarations shall be obtained.
V3. Warranty and Damages
All mandatory statutory warranty, damages and product liability rights shall remain unaffected.
V4. Shipment of Goods
Shipping costs, transfer of risk, delivery and returns shall be governed by statutory consumer protection provisions and validly agreed conditions.
V5. Digital Services and Subscriptions
1. Contract duration, prices, termination and renewal shall be agreed transparently before conclusion of the contract.
2. Automatic renewals shall only take place in compliance with statutory requirements.
3. Statutory rights relating to updates, warranty and termination shall remain unaffected.
V6. Priority of Mandatory Consumer Protection Law
Where provisions of these GTC conflict with mandatory consumer rights, the applicable statutory provisions shall prevail.
Spinotti Industrial Service
Mathias Spinotti
Hofsteigstraße 91
6858 Schwarzach · Austria
info@spinotti-service.com
www.spinotti-service.com
End of General Terms and Conditions – Version 2.0