Dealer Terms
RARE GmbH — Dealer Terms and Conditions (B2B)
Last updated: October 6, 2026 / Version 1.0
RARE GmbH, Wengerstraße 10, 5621 St. Veit im Pongau, Austria — commercial register FN 642414B, Regional Court of Salzburg; VAT ID ATU81437535; managing directors Thomas Klausner, Leon Wörmer; phone +43 664 166 95 11; email thomas@rare-gmbh.com ("RARE").
1. Scope
1.1 These Dealer Terms apply exclusively to purchases by entrepreneurs within the meaning of the Austrian Commercial Code (UGB) acting in the course of their business, in particular authorised RARE dealers ("Dealer"). They do not apply to consumers.
1.2 Access to dealer conditions requires confirmation of entrepreneur status in the ordering process and verification of the Dealer's VAT identification number (or equivalent proof of business registration). RARE may refuse or revoke dealer access if such proof is not provided or ceases to be valid.
1.3 Conflicting or deviating terms of the Dealer do not apply unless RARE has expressly agreed to them in writing.
2. Prices and Payment
2.1 All prices are net prices in accordance with the RARE dealer price list valid at the time of the order, plus applicable VAT and, unless agreed otherwise, plus shipping costs and any duties or import charges.
2.2 Invoices are payable within 30 days of the invoice date without deduction. In the event of default, statutory commercial default interest (sec. 456 UGB) applies.
3. Inspection and Notice of Defects
The Dealer shall inspect the goods immediately upon delivery in accordance with sec. 377 UGB and notify RARE of any defects without undue delay, at the latest within 14 days of delivery; hidden defects must be notified without undue delay after discovery. If timely notice is not given, the goods are deemed approved and warranty claims, claims for damages resulting from the defect itself and claims based on mistake regarding the conformity of the goods are excluded.
4. Warranty
4.1 The warranty period is 12 months from delivery. The presumption of defectiveness at the time of delivery does not apply.
4.2 Warranty claims are limited to subsequent performance (repair or replacement, at RARE's choice). Price reduction and rescission are excluded to the extent legally permissible. Recourse claims remain governed by mandatory law.
4.3 No right of withdrawal exists; statutory consumer withdrawal rights do not apply to purchases under these Dealer Terms.
5. Product Safety and Information Duties
5.1 When offering the products online, the Dealer shall provide the product and manufacturer information required by Art. 19 of Regulation (EU) 2023/988 (GPSR) (manufacturer identification and contact details, product identification, warnings and safety information).
5.2 The Dealer shall pass on to end customers, unchanged and in full, all safety information, warnings, installation and user manuals supplied by RARE, including the restriction to closed-course/competition use.
5.3 The Dealer shall cooperate with RARE in any recall, safety warning or other corrective action, maintain records enabling traceability of the products sold, forward safety-relevant complaints and incident reports to RARE without undue delay and refrain from selling products subject to a recall or sales stop.
6. Retention of Title
The goods remain the property of RARE until full payment of all claims arising from the business relationship. The Dealer may resell the goods in the ordinary course of business; claims from such resale are hereby assigned to RARE by way of security up to the value of RARE's outstanding claims.
7. Governing Law and Jurisdiction
7.1 These Dealer Terms and all contracts concluded under them are governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
7.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the business relationship is the court with subject-matter jurisdiction in Salzburg, Austria. RARE may also sue the Dealer at the Dealer's general place of jurisdiction.
8. Final Provisions
Should individual provisions of these Dealer Terms be invalid, the validity of the remaining provisions remains unaffected. Amendments and side agreements require written form (email sufficient).
