Terms of Sales and Supply
- Our offers are always without obligation. In particular, the consideration of price errors remains reserved. The documents belonging to the offer such as illustrations, technical drawings, weights and measurements are only approximate, unless they are expressly designated as binding. We reserve the right of ownership and copyright in cost estimates, technical drawings and other documents; they may not be made accessible to third parties.
II. Scope of delivery
- Orders must always be made in writing by the customer.
- For the scope of delivery, only our written order confirmation is decisive. Additional agreements and changes require our written confirmation.
- Dimensions, weights, illustrations and technical drawings are binding for the execution, if this has been expressly confirmed in writing. Packaging shall be made in accordance with trade and commercial practice against calculation as disposable packaging.
- If deliveries are made according to instructions, technical drawings, templates and other information provided by the purchaser and if this violates industrial property rights of third parties, the purchaser undertakes to indemnify us from all claims of the third party and all claims arising as a result of any legal defense.
III. Price and Payment
- Unless otherwise agreed, prices are from works Vienna, excluding packaging and other expenses. Regardless of the agreed price, we are entitled to accept increases in wages and material prices or other unpredictable costs until the day of delivery. The prices include value added tax in the respective statutory amount.
- Unless otherwise agreed, payment must be made in cash within 14 days of the invoice date without deduction.
- In case of default of payment, we are entitled to charge interest at the rate of 3% above the respective discount rate of the Austrian National Bank, but at least 8% per annum.
- By accepting bills of exchange, we reserve the right to decide on a case-by-case basis. The credit will only be made under customary reservation. For bills of exchange we charge the standard banking practice discount and collection charges. A discount deduction for bill of exchange is not recognized.
- The withholding of the payment or the offset because of any counterclaims of the customer are excluded. This also applies if they have been included in a commercial current account.
IV. Delivery time
- The delivery time begins with the dispatch of the order confirmation, but not before the procurement of the documents to be procured by the purchaser, permits, releases and before receipt of a binding down payment.
- The delivery deadline is met if the delivery item has left the factory until its expiry date or the readiness for dispatch has been notified. Rescission of the purchaser or claims for damages due to delay are excluded.
- Delivery period shall be extended appropriately for measures within the context of industrial disputes, in particular strikes and lockouts or if unforeseen impediments arise that are outside the control of the supplier, insofar as such impediments provably have a considerable influence on the completion or delivery of the object of delivery. This shall also apply to circumstances which may occur at sub-suppliers. The described conditions are also not the responsibility of the supplier if they occur during an already existing delay. The supplier is obliged to inform the customer at the beginning and end of such obstacles in import cases as soon as possible.
- If the dispatch is retarded when desired the orderer, then become beginning it, one month after announcement the ready for dispatch shank, which computes costs developed by the storage, with storage on the work at least however 0,5% of the invoice amount for each month. Following the ineffective expiry of a reasonable deadline set by supplier, supplier is, however, entitled to otherwise dispose of the goods for delivery and to supply purchaser within an appropriately extended delivery period.
- The observance of the time limit shall imply the completion of the purchaser’s contractual obligations.
V. Transfer of risk and acceptance
- The risk is transferred at the latest when the delivered parts are dispatched to the buyer and even if the partial deliveries take place or if the supplier has undertaken other services such as for example the forwarding charges or transportation. On request of the purchaser the delivery shall be insured – at the cost of the purchaser – by the supplier against theft, breakage, transport, fire and water damage and other insurable risks.
- If dispatch is delayed due to circumstances that the buyer is responsible for, then the risk is transferred to the buyer from the day on which the goods are ready for dispatch; supplier is however obliged , at the request and the expense of the buyer, to effect insurance as requested by the buyer.
- The customer shall take delivery of the supplied goods, even if they are slightly defective, regardless of the rights arising from section VII.
- Partial deliveries are permitted.
VI. Retention of title
- The supplier shall retain ownership of the delivery item until the receipt of all payments arising from the supply contract.
- The customer has the right of resale of the delivered good, but assigns to us already in the amount of the value of the reserved goods, all claims with ancillary rights due to him from the resale.
- The ordering party is entitled to process, modify, and join the goods under reservation with other wares. The processed, transformed or combined with other products shall be regarded as reserved goods. If goods are processed, transformed or combined with other things we do not own, we hold joint ownership in these new products, in the amount of the share resulting from the value of the reserved goods delivered by us.
- The supplier shall be entitled to insure the delivered object against theft, breakage, fire, water and other damages, unless the customer can provide proof that he has obtained the insurance himself.
- The Purchaser may neither sell nor pledge the delivery item, nor assign it as security. In the event of seizure as well as confiscation or other orders by third parties he must notify the supplier of such without delay.
- In the case of conduct by the buyer in breech of contract, in particular in the case of delay in payment, supplier is entitled to take back the goods after notice is given and the buyer is obliged to hand them over. The assertion of the reservation as to ownership, as well as the distraint on the item for delivery by supplier do not count as withdrawal from the contract, as far as the law of installment system ist not applied.
VII. Liability for defects of the delivery
For deficiencies of delivery, which also includes the absence of expressly guaranteed properties, the supplier is liable to the exclusion of further claims as follows:
- All parts affected are to be remedied or replaced according to the reasonable discretion other the supplier with respect to the options open to the supplier that should arise within 6 months (in multi-shift operation within 3 months) from delivery due to circumstances that arose before the transfer of risk – especially due to defects in construction, raw materials, or defective completion – rendering the delivery unusable or only usable with major impairment. The customer shall notify the seller in writing of any such defect without delay.
Parts replaced shall become the property of the supplier.
Where dispatch is delayed without any fault of the supplier, liability shall lapse no later than 12 months after passing of the risk.
For essentially foreign products, liability of the supplier is limited to the assignment of liability entitlement to which he can claim under the terms of his agreement with the external supplier of products.
- The right of the ordering party to enforce claims for defects expires in all cases from the point of time of the complaint made in good time within 6 months, at the earliest however, at the expiry of the warranty period.
- No warranty shall be accepted for damages due to the following reasons: Unsuitable or unqualified use, imperfect assembly respectively initial operation by the customer or a third party, natural wear, incorrect or negligent treatment, unsuitable expendables, replacement materials, imperfect construction work, unsuitable construction ground, chemical, electrochemical or electric influences, unless they can be traced back to negligence on part of the supplier.
- In order for the supplier to undertake the repairs or replacements which appear to be necessary at his discretion the ordering party shall notify the supplier and allow sufficient time and opportunity, otherwise the supplier is released from liability for defect. It is only in emergencies when reliability of operation is at risk or when disproportionately large damages need to averted, of which the Supplier shall be informed immediately, or when the Supplier is in delay with the rectification of a defect, that the Purchaser shall be entitled to rectify the defect either by himself or to have it rectified by a third party and to claim reimbursement of the reasonable costs incurred from the Supplier.
- The supplier carries the direct costs created by the repair or replacement delivery – insofar at the complaint has proven to be justified – the costs for the replacement part, in case this can be demanded in the situation of the individual case can be justifiably demanded. For the rest, the customer is responsible for paying the costs.
- The warranty period for the replacement part will be three months, but no less than the original warranty period offered for the delivered object.
- In the case of improper use on the part of the ordering party or a third party without prior consent of the supplier, where modifications are undertaken, there is no liability for any and all consequences arising.
- Further claims on parts of the customer, in particular any claim to a compensation of damages not originating from the delivered object itself, have been excluded.
VIII. Place of jurisdiction
- All disputes which result from the contract relation-ship have to be complained at the court, which is responsible for the main establishment or the delivering branch of the supplier, in case that the orderer is a full businessman, a juridical person of the public right or public-juridical tangible assets. The Supplier shall also be entitled to sue at the main office of the Customer.
- Purchase conditions enclosed by customer in the enquiry or the purchase order shall not apply. Special conditions of customer which are conflicting with our Terms of Sales shall only apply if we have explicitly agreed upon in written form. By the unequivocal acceptance of our Terms of Sales your acceptance of our Terms of Sales is expressed in such a way that any pleas to your purchase conditions are excluded for you even if you have declined the acceptance of other terms and conditions.