(1) These General Terms and Conditions apply to all contracts for goods and services that customers conclude via the SEMPERDEAL online shop (www.semperdeal.com) and to contracts in which we refer to these GTC. The sole contracting party and seller is

(hereinafter “we” or “SEMPERDEAL”). The manufacturers and suppliers of the products offered do not become parties to the contract.

(2) Deviating, conflicting or supplementary terms of the customer, such as purchasing conditions, do not become part of the contract, even if we do not expressly object to them or deliver in the knowledge of such terms. They apply only if we expressly agree to them in writing.

(3) Equipment rental is governed primarily by the rental terms in the second part of these GTC and otherwise by the following provisions. Software is additionally subject to the licence terms of the respective manufacturer; we will provide them on request before the order is placed.

(4) These GTC are available in German, English and Polish. In the event of discrepancies between the language versions, the German version prevails.

(1) Our offer is directed exclusively at entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB) and at members of the liberal professions, in each case only if the transaction forms part of the operation of their business (§ 1(1) no. 1 of the Austrian Consumer Protection Act, KSchG), and at legal entities under public law, which are always deemed to be businesses under § 1(2) KSchG.

(2) Associations and other organisations may buy and rent only insofar as they operate a business, i.e. are permanently organised for an independent economic activity (§ 1(2) KSchG), and the transaction forms part of the operation of that business.

(3) We do not conclude contracts with consumers. This also applies to transactions that a natural person concludes before starting a business in order to prepare it (§ 1(3) KSchG).

(4) The customer confirms upon registration and with every order that it is acting as a business. We may request proof, in particular a valid VAT identification number or an extract from the commercial or trade register, and may postpone acceptance of an order until the check is complete, or refuse the order.

(5) If the customer acted as a consumer contrary to its confirmation, we may withdraw from the contract. Further claims remain reserved.

(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order.

(2) You add products to the shopping cart and select the shipping and payment method at the checkout. Mandatory fields are marked with *. On the final confirmation page you review all details and correct input errors using the edit function. By clicking “Order with an obligation to pay” you submit a binding offer. For the payment method “Leasing (request)”, § 7(3) applies.

(3) We confirm receipt of the order by e-mail without undue delay (acknowledgement of receipt); this acknowledgement does not yet constitute acceptance. The contract is only concluded by our acceptance, namely by an order confirmation sent by e-mail, for advance payment by sending the pro forma invoice (§ 7(1)), or by dispatch of the goods or their handover in the case of self-collection. We decide on acceptance without undue delay, as a rule within two working days. If we do not accept an order within five working days, the customer is no longer bound by it.

(4) We store the contract text (order data and GTC). The customer receives the order data and these GTC by e-mail with the acknowledgement of receipt and can also view its orders in its customer account.

(5) The contract language is the language in which the customer places the order: German, English or Polish. § 1(4) applies to the interpretation of these GTC.

(1) Images may differ from the product delivered. The information in the order and in our order confirmation is decisive. We reproduce manufacturer information with care; customary technical changes and changes made by the manufacturer remain reserved insofar as they do not impair suitability for the purpose assumed in the contract.

(2) Delivery times and availability are based on information from our suppliers, refer to working days (Mon–Fri) and are non-binding. Fixed delivery dates apply only if they have been expressly agreed in writing; e-mail is sufficient.

(3) All prices are quoted net plus applicable statutory VAT.

(4) We may correct obvious typing and calculation errors, including in prices. If the customer objects to the correction, we may withdraw from the contract.

(1) For contracts of sale and for contracts for work involving the manufacture of movable tangible goods (§ 381(2) UGB), the customer shall inspect the goods delivered without undue delay after delivery (§ 377 UGB). Externally visible defects (visible damage, wrong goods, missing parts or quantity deviations) must be notified in writing within 3 days of delivery, all other defects within one week of their discovery; an e-mail to info@semperdeal.com or to any other e-mail address stated in our legal information or on our contact page is sufficient. Timely dispatch of the notice is sufficient to meet the deadline. Where possible, the customer shall have externally visible transport damage confirmed by the carrier upon delivery.

(2) The warranty period is one year from delivery. This does not apply to claims based on intent or gross negligence or to recourse claims under § 933b of the Austrian Civil Code (ABGB).

(3) If a notice of defect is justified, we shall, at our option, remedy the defect by repair or replacement and bear the transport and labour costs necessary for this. If repair and replacement are impossible, fail or cannot reasonably be expected, the customer may demand a price reduction or, if the defect is not minor, rescission of the contract.

(4) We do not provide guarantees in the legal sense. Manufacturer guarantees exist in addition to the statutory warranty and are subject to the manufacturer's terms.

(5) Returns without a statutory or agreed legal entitlement are excluded. If we exceptionally take back goods without a legal entitlement, this is done only after prior agreement; the customer then bears the costs of return shipment.

(6) Before returning goods and before asserting warranty claims, please contact our customer service at info@semperdeal.com.

(1) Additional shipping costs apply to shipments and will be displayed during the ordering process.

(2) The customer bears the costs of a return shipment only for returns without a legal entitlement (§ 5(5)). If a notice of defect is justified, we bear the necessary transport costs (§ 5(3)).

The customer pays using one of the payment methods offered to it during the ordering process.

(1) Advance payment: We send the customer a pro forma invoice; sending it constitutes acceptance of the order (§ 3(3)). If payment is not received within 14 days of sending, the contract is dissolved without any further declaration. For advance payment we grant a 3 % discount on the value of the goods (excluding shipping costs), which is already deducted in the order total.

(2) Purchase on account: Payable within 10 days of the invoice date without deduction, unless otherwise agreed. SEMPERDEAL reserves the right to conduct credit checks and to impose order volume limits.

(3) Leasing (request): If the customer selects “Leasing (request)”, it does not, by way of derogation from § 3(2), submit a binding offer to purchase but requests a leasing offer. A contract is only concluded by separate written agreement; e-mail is sufficient.

(4) Other payment methods: If the ordering process offers further payment methods, payment is processed via the payment service named there. Costs of chargebacks or returned direct debits for which the customer is responsible are borne by the customer. Details on the processing of payment data can be found in our privacy policy.

(5) Late payment: In the event of late payment, the customer owes default interest at the statutory rate under § 456 UGB (currently 9.2 percentage points above the base rate) and a lump sum of EUR 40 as compensation for recovery costs (§ 458 UGB). If the necessary costs of appropriate out-of-court recovery or collection measures, such as the fees of a collection agency, exceed this lump sum, the customer shall reimburse them insofar as they are reasonably proportionate to the claim pursued (§ 1333(2) ABGB). We may transfer outstanding claims to a collection agency.

(6) Set-off, retention: The customer may only set off undisputed or legally established counterclaims. It has a right of retention only on the basis of claims arising from the same contractual relationship.

(1) The customer shall provide a complete and correct delivery address. Additional costs arising from incorrect addresses are borne by the customer.

(2) We deliver to all Member States of the European Union, namely Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden, and to Switzerland. Deliveries to other countries are made only by separate agreement and after the review under § 11.

(3) Unless otherwise agreed, we deliver to the delivery address provided by the customer and bear the transport risk up to that address (paragraph 4). Parcels are delivered by the parcel service at the delivery address. Freight shipments are delivered kerbside (“frei Bordsteinkante”): the carrier places them at the kerb in front of the delivery address; carrying them into buildings or rooms is not included. Shipping costs are charged separately in accordance with § 6(1). Incoterms® apply only if they have been expressly agreed.

(4) The risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as the goods are handed over at the delivery address or, for freight shipments, placed at the kerbside there. Until then SEMPERDEAL bears the transport risk. If the customer is in default of acceptance, the risk passes to the customer when the default begins.

(5) For deliveries to Switzerland, the customer is the importer. Import clearance, import VAT and other import charges as well as the carrier's customs clearance charges are borne by the customer.

(6) Shipment is by parcel or freight carrier, for advance payment without undue delay after receipt of payment, otherwise without undue delay after conclusion of the contract, as a rule within the stated non-binding delivery time (§ 4(2)).

(7) If delivery times change, we will notify the customer immediately.

(8) If, despite having placed a timely and sufficient order with our supplier, we are not supplied or not supplied in time through no fault of our own, we may withdraw from the contract. We will inform the customer of the non-availability without undue delay and refund any payments already made without undue delay.

(9) If the customer selects self-collection from our warehouse in 2514 Traiskirchen, where offered during the ordering process, the risk passes when the goods are handed over to the customer or its authorised representative.

(1) The goods remain our property until payment has been made in full.

(2) The customer may resell the goods in the ordinary course of business. It hereby assigns to us the claims arising from the resale up to the amount of our outstanding claim and records the assignment in its books.

(3) The customer shall inform us without undue delay of any third-party access to the goods subject to retention of title, in particular seizures.

(4) If the effectiveness of the retention of title in the country of the delivery address requires further steps, such as registration in the register of retention of title at the customer's domicile or registered office in Switzerland (Art. 715 of the Swiss Civil Code) or a written record bearing a date certain (data pewna) in Poland (Art. 590 § 1 of the Polish Civil Code), the customer shall cooperate at our request.

(1) Unlimited liability for intent and gross negligence and for injury to life, body or health.

(2) In cases of simple negligence, we are liable only for breach of essential contractual obligations, limited to foreseeable, contract-typical damage.

(3) Liability under product liability law and for fraudulently concealed defects remains unaffected.

(4) Any further liability is excluded.

(1) Our performance of the contract is subject to the proviso that it is not prevented by national or international foreign trade regulations, in particular authorisation requirements, embargoes or other sanctions. Delays caused by authorisation procedures extend agreed delivery periods accordingly. If a required authorisation is not granted or a prohibition applies, we may withdraw from the contract in whole or in part; claims for damages by the customer are excluded to that extent, except in cases of intent or gross negligence.

(2) Whenever the customer passes on the goods supplied (hardware, software, technology and documentation), it shall comply with the applicable export control and sanctions regulations of the European Union and its Member States, in particular Regulation (EU) 2021/821 on dual-use items, Regulation (EU) No 833/2014 (Russia) and Regulation (EC) No 765/2006 (Belarus). For goods of US origin, it shall additionally comply with the export control regulations of the United States, insofar as this does not infringe Council Regulation (EC) No 2271/96. Individual items, in particular certain thermal imaging cameras, are listed in Annex I to Regulation (EU) 2021/821; they are subject to control when exported from the customs territory of the Union and may only be exported with the required authorisation.

(3) The customer warrants that it is not listed in the sanctions lists of the European Union and is not owned or controlled by a person, entity or body listed there. It shall not make the goods available, directly or indirectly, to persons, entities or bodies listed in those lists, or for their benefit. It shall not deliver the goods, directly or indirectly, to Russia or Belarus or for use in those countries in breach of European Union sanctions law.

(4) If the customer is established in a third country outside the European Union or if we sell or deliver goods to such a third country, the following applies in addition, unless that third country is listed as a partner country in Annex VIII to Regulation (EU) No 833/2014 or, respectively, in Annex Vba to Regulation (EC) No 765/2006 (Switzerland is such a partner country):

a) The customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or Belarus or for use in those countries any goods received under or in connection with this contract that fall under Article 12g of Regulation (EU) No 833/2014 or Article 8g of Regulation (EC) No 765/2006.

b) The customer shall undertake its best efforts to ensure that the purpose of point a is not frustrated by any third parties further down the commercial chain, including possible resellers.

c) The customer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including possible resellers, that would frustrate the purpose of point a.

d) The customer shall inform us immediately about any problems in applying points a to c, including any relevant activities by third parties that could frustrate the purpose of point a, and shall make available to us information concerning compliance with these obligations within two weeks of a simple request.

e) Any violation of points a to c constitutes a material breach of an essential element of the contract. We are then entitled (i) to stop further deliveries, (ii) to withdraw from the contract or terminate it with immediate effect and (iii) to claim a contractual penalty of 10 % of the total value of the contract or of the price of the goods exported, whichever is higher. Further claims remain unaffected.

(5) Upon request, the customer shall name the end user, the country of final destination and the intended end use of the goods and shall provide the declarations required for this purpose, such as an end-use statement.

(6) If there are indications of a violation of paragraphs 2 to 4, in particular a possible match in a sanctions list or doubts about the end user or end use, we may withhold deliveries and services until the matter has been clarified; agreed delivery periods are extended accordingly. If a violation is established, we may withdraw from the contract. Claims for damages by the customer based on the withholding or withdrawal are excluded, except in cases of intent or gross negligence. Our further claims remain unaffected.

(1) Austrian law applies, excluding the conflict-of-law rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The court having local and subject-matter jurisdiction for 2514 Traiskirchen, Austria, has exclusive jurisdiction for all disputes arising from or in connection with contracts subject to these GTC. We may also sue the customer at its general place of jurisdiction.

(3) Amendments and supplements to the contract require written form; e-mail is sufficient. This also applies to any waiver of this form requirement.

Should any provision be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory regulation.

The lessor undertakes to make the rental item available for the agreed rental period. The lessee undertakes to pay the rent, handle the item with due care and return it clean and operational at the end of the rental period.

The rental period may be extended by mutual agreement. It ends upon proper return of the rental item, but no earlier than the expiry of the agreed rental period.

The rental item must be handed over in perfect working condition with all necessary documentation. In the event of delay by the lessor, the lessee may claim compensation of up to 25 % of the daily rental rate per working day.

An acceptance report must be signed upon handover. Recognisable defects must be reported in writing immediately, hidden defects without undue delay after they become known. The lessee may request rectification of material defects; costs are borne by the lessor.

For equipment with hour meters: up to 8 hours/day, 40 hours/week or 175 hours/month are included. The full rental fee is payable even if these hours are not fully used.

Overtime is charged at 1/8 of the daily rental rate per commenced hour. If payment is overdue by more than 10 calendar days, the lessor is entitled, after written notice (e-mail is sufficient), to reclaim the rental item and collect it at the lessee's expense; the lessee shall grant access for this purpose and hand over the rental item.

The lessee's right of retention or set-off exists only in respect of undisputed or legally established counterclaims.

The lessee is obliged to: read and follow the operating manual · protect the item from overuse · ensure proper maintenance · report damage immediately · protect against theft and weather · ensure only trained personnel operate the item and that all required licences are valid.

Subletting or transfer to third parties without the lessor's consent is not permitted. Third-party claims must be reported to the lessor immediately.

The rental item must be returned operational, clean and with all accessories. Defects upon return for which the lessee is responsible extend the rental period by the necessary repair time; normal wear and tear is not a defect. The lessor must notify the lessee in writing of any defects within 14 days of return.

The lessee bears the risk from handover until return. In the event of culpable non-return, the lessee is liable for damages equal to the replacement cost. Loss through criminal acts must be reported to the police.

The rental agreement is generally non-terminable. Extraordinary termination for good cause (e.g. insolvency, unauthorised use, significant neglect) remains reserved.

The lessor is liable for gross negligence or wilful misconduct and for breach of essential contractual obligations (limited to foreseeable damage). Liability for personal injury and under product liability law is not limited. No liability for damage resulting from improper use.

Any deposit paid may be offset against outstanding claims upon termination of the rental agreement. No interest is paid on the deposit.

Reservations are non-binding. An entitlement to the rental item arises only once the rental agreement has been concluded; it is concluded by the lessor's order confirmation by e-mail.

Deviating agreements require written form; e-mail is sufficient. Should any provision be invalid, the remaining contract shall remain in effect and the invalid provision shall be replaced by the applicable statutory rule.

The governing law and the place of jurisdiction under § 12 of the General Terms and Conditions for Buyers also apply to rental agreements.