Terms & Conditions
Our Terms and Conditions of Business form an integral part of the contract for all supplies and services. They shall be deemed to have been explicitly acknowledged by the purchaser with the placement of an order and acceptance of our order confirmation. Any agreements diverging therefrom shall attain validity only where confirmed by ourselves in writing.
Quotations are made without obligation, nor are specified measurements and weights binding on our part. Prices are quoted, in the absence of any special agreement, ex stock Stetten or shipping warehouse Vienna, without packaging, plus value-added tax and shall be calculated based on the cost situation prevailing at the time the quotation is made, whereby we reserve the right to adjust prices to an appropriate extent.
Our invoices shall become due for payment within 14 days with a discount of 2% or within 30 days net cash from the date of shipment or the notice of readiness for shipment in each case. The acceptance of bills of exchange and cheques shall be accepted only on account of payment and by special agreement, whereby all charges shall be borne by the purchaser. Bills of exchange and cheques shall not count as payment until they are honoured. The purchaser shall be entitled to effect the retention of payments or perform offsetting with counterclaims only where such claims are undisputed or recognised by declaratory judgement.
The delivery period shall commence with the date of the order confirmation and shall have been observed where the article to be supplied has left our warehouse or has formed the subject of a notice of readiness for shipment by the end of this period; it shall be extended as appropriate with the occurrence of unforeseen hindrances which are beyond our control or in the event of delays on the part of our suppliers. Claims for compensation by the purchaser in all cases of delayed delivery and other claims asserted on whatever grounds shall be excluded.
SHIPMENT, TRANSFER OF RISK
The transfer of risk to the purchaser shall take place with the notice of readiness for shipment, at the latest however with dispatch of the goods from the agreed place of delivery. This shall also be deemed to have been agreed for partial deliveries and likewise wherever carriage paid is agreed for delivery by way of exception. Insurance cover against transport risks shall only be obtained by ourselves subject to special agreement and at the purchaser’s expense.
RESERVATION OF TITLE
Goods shall remain our property until full payment of the purchase price or until honouring in full of the bills of exchange, cheques or other means of payment offered in exchange and may be neither given in pledge, nor assigned by way of security. The purchaser undertakes in the event of pledging, further processing and other availment to assert our title and to notify us hereof immediately, and also of the institution of insolvency proceedings. Where reservation of title is asserted, authorisation shall be granted to remove and recover the relevant goods notwithstanding their possible installation in systems/equipment.
LIABILITY FOR DEFECTS IN THE DELIVERY
In the case of defects in the supplied goods, which also include the absence of warranted characteristics, we shall incur liability subject to the following provisions and where we are immediately notified of the defects. We shall accept no liability for damage which comes about through unsuitable or improper operation or maintenance, excessive use or unsuitable operational equipment or for damage whose causes are beyond our control. Our liability for defects shall solely apply to elimination of the defect for which we are responsible and shall exclude any further claims of the purchaser in relation to consequential damage, costs of removal and re-installation, compensation for operational shutdown and other claims.
It is at our discretion whether to rectify defective parts or to replace same in their entirety, without this however resulting in any extension to the original warranty period. We shall in general incur liability only in the framework of the provisions pertaining to defects in the delivery in the terms of delivery of our contracting partners or subsuppliers.
In this regard assignment of the liability claims accruing to ourselves against the supplier of the individual product shall be sufficient in order to fulfil claims asserted against ourselves.
VALIDITY OF THE TERMS AND CONDITIONS
Should any of the above provisions be or become invalid, the validity of the other provisions shall not be affected thereby.
CANCELLATION AND RETURNS
Cancellation and returns for which we are not responsible will be accepted by ourselves only where agreed beforehand with our company. A charge shall be made for the costs incurred by ourselves thereby and, unless individual proof can be furnished, at a minimum rate of 15%. Equipment which has been put into use shall be excluded from the returns procedure in all cases.
PLACE OF PERFORMANCE, LEGAL VENUE
The place of performance for delivery and payment shall be 2100 Stetten, and the legal venue of 2100 Korneuburg is agreed for all legal actions ensuing from the contractual relationship.
12 months according to the trade association or by special agreement in relation to a specific order.
Terms % Conditions Version from January 1st, 2009