Terms & Conditions:
The terms and conditions apply to all business transactions carried
out by DrumParam, owner: Norbert Schmid. No verbal conditions or
guarantees expressed or implied shall have effect on these terms
and conditions unless written and initialled by the owner of DrumParam.
1. Liability, responsibility, indemnification
1.1 DrumParam is obligated to fulfil all business transactions with
the greatest care.
1.2 In the unlikely event that any product is imperfect, proved
by a second, independent and technically competent opinion, DrumParam
is obligated to subsequent improvement according to its own choice.
All further claims are excluded. Reclamations of any kind have to
be brought to notice of DrumParam in written form within a period
of 14 days after delivery. Thereafter the product is seen as received
in perfect condition.
1.3 If a subsequent improvement fails (e.g. in case of impossibility),
the ordering party is in no legal position to claim any kind of
indemnification, except when gross negligence or purpose can be
proved. DrumParam is only obligated to a reduction of the price
or, in case of impossibility, an annullation of the whole contract.
2. Contracting and terms of delivery
2.1 Orders are obligatory. Written orders are received personally,
via letter, fax or signed email attachment, following these terms
and conditions. Any verbal conditions or guarantees expressed or
implied shall have effect on these terms and conditions only if
they are in written form (handed over personally, via email attachment,
letter or fax) and accepted by the owner of DrumParam.
2.2 After having placed a written order, the order becomes obligatory
for the ordering party, that means the price for our services/products
has to be paid on delivery.
2.3 A withdrawal from the contract at no extra charge is only possible
when the agreed price or the date of delivery is exceeded substantially.
2.4 A withdrawal for any other reason, a returning or exchange are
only according to the austrian law, Consumer Protection Act, possible.
3. Terms of payment
3.1 All invoices, notwithstanding other agreements, are to be paid
on delivery; specific modes of payment can be arranged.
3.2 The date of the invoice is the date of delivery.
3.3 If other modes of payment or delivery are arranged, DrumParam
will charge adequate costs for financing.
3.4 In case the customer is in default of payment DrumParam will
charge interest for delay (0,35 % per week) as well as prompting
and, should the occasion arise, lawyers fees. According to the "Verordnung
des Bundesministeriums für wirtschaftliche Angelegenheiten
BGBL 141/1996, § 3., Absatz 1.-6." the debtor is obligated
to pay banking interest as well as all prompting fees and fees charged
by an appropriate collection agency entrusted by DrumParam.
3.5 All articles of commerce remain in property of DrumParam until
3.6 The arranged price is subject to change without notification
between placing of the order and delivery. DrumParam has the right
to pass on prices raised in order to changes of exchanging fees,
the international financial situation or fees and taxes as well
as in order to unpredictable changes of the costs of raw materials
etc. to the customer.
3.7 Articles are subject to change as long as they remain adequate
to their purpose.
3.8 If DrumParam, due to a rise in prices, a delay of delivery or
alterations in a product, is not able to fulfil the modes of delivery
as agreed to and the customer does not agree to the changed price
or date of delivery or product, DrumParam has the right to withdraw
4.1 This agreement shall be governed and constructed in accordance
with Austrian Law each party thereto submits to the jurisdiction
of the Austrian Courts.
4.2 Place of performance and legal domicile is St. Pölten.
4.3 All former terms and conditions lose their legal liability.
5. Final terms
5.1 If any term, provision, covenant or condition of this agreement
is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions of this agreement shall
remain in full force and effect and shall not be affected, impaired
5.2 The customer agrees with DrumParam, that DrumParam may use pictures
or descriptions of the articles made for the ordered at our public
galleries on the DrumParam-website or in other media with advertising
purpose. He agrees also in entering his name, or -and adress, URL
in our list of customers, also maintained for advertising purposes.
5.2 Drumparam confirms to handle adress and data of costumers confidental
and not to pass them to third parties without explicit approval.