- Technical Support:
- +43 660 746 62 88
Terra Care GmbH · Version: December 2024 (V 2024-12)
Download the GTC as a PDF (opens in a new tab)
1.1. These Terms and Conditions apply to the manufacture, delivery and, where applicable, installation of central tire inflation systems for tractors and trailers, including spare and wear parts (hereinafter referred to as the “PRODUCTS”), by Terra Care GmbH, FN 451847g (hereinafter referred to as “TERRA CARE”), to OEM manufacturers, dealers, contractors, agricultural contractors or farmers (hereinafter referred to as the “CUSTOMER”).
1.2. Any other general terms and conditions of the parties are excluded, even if they are referred to subsequently (including by automated systems).
2.1. Offers made by TERRA CARE are valid for four weeks from the date of issue unless a different validity period is specified in the offer. After the validity period has expired, TERRA CARE may decide whether to accept an order nonetheless.
2.2. If the CUSTOMER accepts the offer or places an order, the contract is concluded when TERRA CARE issues an order confirmation. The content of the contract is determined by TERRA CARE’s offer or order confirmation.
3.1. As a general rule, TERRA CARE manufactures the PRODUCTS under its own responsibility. The CUSTOMER may request changes to the concept, design, manufacture and/or installation. The CUSTOMER is solely responsible for any such change that is implemented, unless TERRA CARE should have identified a material product defect in connection with that change.
3.2. TERRA CARE manufactures the PRODUCTS in accordance with the generally accepted rules of technology. In doing so, the technical and legal requirements applicable to the PRODUCTS in Austria are taken into account. Any other requirements must be agreed in writing before the order is placed.
3.3. TERRA CARE is free to engage subcontractors to perform its obligations.
4.1. PRODUCTS are delivered FCA [TERRA CARE works] Incoterms® 2020 unless otherwise agreed.
4.2. At the CUSTOMER’s request, TERRA CARE may arrange transport at the CUSTOMER’s risk and expense.
5.1. Where agreed, TERRA CARE may also install PRODUCTS and/or perform other services on or in relation to PRODUCTS (such as maintenance or repairs). TERRA CARE will use qualified personnel and comply with the generally accepted rules of technology.
5.2. The CUSTOMER must provide, in a timely manner, all cooperation required for the proper performance of the service (including, for example, unrestricted access and safe working conditions).
5.3. Services provided by TERRA CARE are deemed accepted when a record of acceptance is drawn up, or at the latest if the CUSTOMER does not object in writing within seven days of performance, specifying the defects.
6.1. Depending on whether (1) only the delivery of PRODUCTS or (2) both the delivery and installation of the delivered PRODUCTS have been agreed, commissioning will be carried out either independently by the CUSTOMER (case 1) or jointly by TERRA CARE and the CUSTOMER (case 2).
6.2. In case 1, the CUSTOMER must follow the operating instructions and any other instructions issued by TERRA CARE. Once commissioning has been completed, the CUSTOMER must issue TERRA CARE with a declaration of acceptance. TERRA CARE is not responsible for any errors arising from commissioning carried out independently by the CUSTOMER.
6.3. In case 2, commissioning and handover will be documented in a record drawn up by TERRA CARE.
7.1. Following commissioning, the CUSTOMER is obliged to maintain the PRODUCT regularly and properly in accordance with TERRA CARE’s maintenance schedule. Maintenance comprises measures intended to preserve the PRODUCT’s functional condition over the long term.
7.2. In the event of repairs, original spare parts must be used to restore the original condition. Repairs remedy damage or faults that have occurred unexpectedly.
7.3. Maintenance and repair work may be carried out only by qualified personnel. The CUSTOMER is responsible for arranging for such work to be carried out properly. If the maintenance work specified by TERRA CARE is not carried out, or is not carried out on time, any resulting damage or disadvantages are not covered by TERRA CARE’s liability or statutory warranty.
7.4. At the CUSTOMER’s request, TERRA CARE may provide maintenance and repair services for PRODUCTS.
8.1. Deadlines are binding only if they have been expressly agreed.
8.2. TERRA CARE will notify the CUSTOMER of any impending delay as soon as possible.
8.3. The CUSTOMER’s cooperation may be required for manufacture and/or the provision of services. Deadlines will be extended accordingly if the CUSTOMER fails to cooperate as required.
9.1. As a general rule, TERRA CARE must deliver the PRODUCTS free from defects. A defect exists if, at the time of handover, the agreed characteristics are not present due to a defect in design, materials or workmanship. Such a defect must occur under the intended use and operating conditions and when the PRODUCT is used properly.
9.2. The CUSTOMER must inspect the delivered PRODUCT carefully and without delay after handover and notify TERRA CARE in writing of any defects identified. Hidden defects must likewise be reported without delay after they are discovered. The statutory warranty period is 18 months from handover. The burden of proving that a defect existed at the time of handover rests with the CUSTOMER.
9.3. If the CUSTOMER alleges a defect, it must make the PRODUCT concerned available to TERRA CARE for analysis at the place of handover. TERRA CARE will promptly determine whether there is a defect for which it is responsible and which is covered by the statutory warranty. The CUSTOMER must cooperate in this analysis where required.
9.4. If a verifiable defect actually exists, TERRA CARE may decide whether (i) the defect will be remedied by rectification (repair) or (ii) the defective PRODUCT or parts thereof will be replaced. In the case of material defects for which such remediation is unreasonable, the CUSTOMER may request (iii) an appropriate price reduction or (iv) rescission of the transaction.
9.5. TERRA CARE is not responsible for defects attributable to materials supplied or specifications provided by the CUSTOMER. Wear parts (as specified in the maintenance schedule) are not covered by the statutory warranty.
10.1. Where TERRA CARE expressly provides a guarantee, it applies for the period specified (from handover) and to the components and functions specified in the guarantee declaration.
10.2. In the event of a claim under the guarantee, TERRA CARE may decide whether the defective PRODUCT will be replaced or repaired, or whether the purchase price will be refunded. In general, the guarantee applies only to defects in materials and manufacture that occur during normal use of the PRODUCT. Improper use or operating errors are therefore not covered by the guarantee. TERRA CARE will bear expenses associated with the guarantee service itself (for example, removal, installation or transport) only if it has approved them in writing in advance. The guarantee does not limit any statutory warranty claims.
11.1. In general, both parties are liable in accordance with the statutory provisions for damage caused by gross negligence or intent.
11.2. Liability for ordinary negligence is excluded. Neither party is liable for indirect or consequential damage (such as crop losses).
11.3. Claims for damages become time-barred one year after the injured party becomes aware of both the damage and the party responsible.
11.4. The foregoing exclusions do not apply where liability for damages is mandatory by law (for example, in the case of personal injury or damage caused intentionally).
11.5. If TERRA CARE fails, through its own fault, to meet agreed deadlines, the CUSTOMER must be compensated for any direct disadvantages arising as a result. In such cases, TERRA CARE is not liable for (indirect) damage or loss of profit.
11.6. The CUSTOMER acknowledges that the PRODUCT was manufactured exclusively for business purposes. The CUSTOMER undertakes not to pass the PRODUCT on to consumers or non-business users or allow them to use it.
11.7. The CUSTOMER must notify TERRA CARE in writing, without delay after discovery, of any damage that could potentially give rise to a claim for damages against TERRA CARE. If notice is not given within 14 days after the CUSTOMER becomes aware of the damage and TERRA CARE is thereby prevented from preserving evidence, the relevant claim for damages is excluded.
12.1. The price stated in TERRA CARE’s offer or order confirmation applies unless another price has been expressly agreed.
12.2. If, between conclusion of the contract and delivery of the PRODUCTS, substantial price increases occur that make it unreasonable for TERRA CARE to remain bound by performance of the contract, TERRA CARE may withdraw from the contract. The above circumstances must be substantiated in a plausible manner. In that event, TERRA CARE must reimburse the CUSTOMER for demonstrable costs incurred in reliance on performance of the contract, provided that such costs were unavoidable and reasonable. Any further claims by the CUSTOMER, in particular claims for damages or loss of profit, are excluded.
12.3. Unless otherwise stated, all prices are net prices exclusive of statutory value added tax and any other duties of any kind (e.g. taxes, customs duties and fees).
12.4. Invoices are due for payment in full (without deductions) within 14 days of the invoice date unless a different payment term has been agreed.
12.5. In the event of late payment, the statutory default interest rate applies. In the event of a material payment default, TERRA CARE is entitled to withhold further services or the PRODUCT itself.
12.6. TERRA CARE remains the owner of the PRODUCTS until payment has been made in full. If PRODUCTS that have not yet been paid for in full are combined with other items, TERRA CARE acquires a co-ownership share in the new item corresponding to the value of the PRODUCTS.
13.1. Unless the parties have entered into a separate confidentiality agreement, the following applies: The parties undertake to treat confidential information as strictly confidential. Disclosure to third parties is prohibited. Both parties must ensure that access to confidential information is granted only to persons who strictly require such access to fulfil the purpose of the contract.
13.2. Events such as force majeure, strikes, civil unrest, official orders, pandemics or epidemics, as well as other unforeseeable, unavoidable and serious disruptions, release the parties from their performance obligations for the duration and to the extent of the impairment. Each party is obliged to inform the other without delay and, to the extent reasonable, to adapt its contractual obligations to the changed circumstances in good faith.
13.3. TERRA CARE provides security-related software updates for PRODUCTS in accordance with statutory requirements (e.g. the EU Cyber Resilience Act). The CUSTOMER must install such updates without delay. In addition, TERRA CARE may voluntarily provide functional updates or new software versions.
13.4. If the CUSTOMER makes the PRODUCTS available to another person (in any manner whatsoever), it is obliged to pass on the material provisions of these Terms and Conditions accordingly.
13.5. The CUSTOMER is not entitled to analyse or reproduce PRODUCTS (including software, control units or components) by means of reverse engineering.
13.6. TERRA CARE points out that, when PRODUCTS are used on vehicles subject to motor vehicle regulations, official approval may be required depending on the country of use.
13.7. Both parties undertake to comply with the General Data Protection Regulation (GDPR) and all applicable national data protection laws when processing personal data.
14.1. Any amendments or additions to this contract or its annexes must be made in writing. This also applies to any amendment of this written-form requirement itself.
14.2. If any provision of this contract is or becomes wholly or partially invalid or unenforceable, this does not affect the validity of the remaining provisions.
14.3. This contract is governed by the substantive law of the Republic of Austria. The United Nations Convention on Contracts for the International Sale of Goods of 11 March 1980 (CISG), as well as all non-mandatory conflict-of-law rules of private international law, are excluded.
14.4. Any disputes or claims arising out of or in connection with this contract will be decided exclusively by the court having subject-matter and territorial jurisdiction for TERRA CARE’s registered office.
You are currently viewing a placeholder content from Vimeo. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from YouTube. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Mapbox. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from OpenStreetMap. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More Information
