GENERAL TERMS AND
CONDITIONS OF BUSINESS
AND DELIVERY
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I. General Our customers recognise these Terms and Conditions as binding upon the placement of an order, acceptance of our order confirmation and also upon receipt of deliveries. Any objection expressed in the customer’s declaration, particularly in their Purchasing Conditions, is expressly irrelevant. Any provisions deviating from the following Terms and Conditions shall only be considered if we have provided our express written consent in regard to these.
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II. Offers, acceptance of orders All our offers are non-binding. Contracts (orders) shall only enter into effect upon confirmation of order or implicitly upon conclusion of the contract. Our representatives are only entitled to accept orders, but not to confirm them.
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III. Conditions of payment Unless otherwise agreed in writing, payments are to be made to a bank account specified by us from the payment date, without any deductions, in accordance with the conditions provided on the invoice. Payments shall only be regarded as settled once we have received a credit note from the bank.
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In the event that the payment terms are not met, a late payment fee in the amount of 12% p.a. from the due date shall be payable. Should the annual interest rate of the corresponding ONB discount rate plus 6% increase, we reserve the right to amend our rates accordingly. Furthermore, in the event of late payment, deliveries shall be subject to payment on delivery. As long as payments are overdue, there shall be no entitlement to any discounts for cash payment. Payments may not be offset unless counterclaims have been expressly acknowledged in writing.
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IV. Delivery We are responsible for the method of shipment, whereby we take into account customer requirements as far as possible. The delivery times provided by us are non-binding. In case of a delay in delivery, our customer is obliged to set an appropriate grace period by means of a written letter. Part deliveries are permitted and are also subject to invoicing.
The delivery times stated will be adhered to to the best of our ability; however, this cannot be guaranteed.
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Liability shall transfer to the customer as soon as the goods leave our premises; this also applies in the event that we are responsible for the transport or transport costs, or if we have provided transport insurance at the request of the customer. Goods and their transportation are only insured at the express wish of the customer. If there is a delay in delivery caused by the customer, we are entitled to demand compensation for any loss incurred, subject to further claims.
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V. Quality control We will be happy to advise you with regards to the suitability and manufacturing of our products; however, we offer no guarantee or legal consequences for certain purposes of use. In the event of a delivery contrary to the agreement, for which we are liable, the customer (buyer) may only demand compensation for the reduction in purchase price or for subsequent delivery of goods in fine condition, with the exclusion of all other claims; it should be mutually agreed as to whether the faulty goods are replaced or financially reimbursed. Other claims exceeding the amount of the delivery cannot be accepted.
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The buyer is responsible for checking the goods immediately upon their arrival at the delivery destination. The goods supplied shall be considered accepted if we do not receive any written notification of defects within 8 (eight) days after their arrival at the delivery destination. Over or underdeliveries may occur in the way of quality control. We are obliged to fulfil the contract by remedying the excess or short deliveries, in so far as these deviations are considered reasonable. The customer is not entitled to any form of damage compensation for late delivery.
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VI. Product liability and guarantee Product liability for material damage is not permitted pursuant to § 9 German Product Liability Act. If the customer delivers our products to a person who is not a consumer, he has to use against him the non-liability clause as well as the subject clause so as to make applicable the non-liability clause to any further buyer. In case of a breach of this obligation, the buyer may not hold us responsible in the event of claim for product damages by a person who is not a consumer. The limitations of liability in accordance with Sections V + VI do not apply in the event of gross negligence or intent. The buyer relinquishes any recourse against our company in relation to this.
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VII. Retention of title All of the goods delivered by us remain our property until payment has been received in full. The customer is obliged to notify us immediately of any third-party access to goods under our ownership, in particular within the scope of forced sale. The customer is only permitted to resell the products under our ownership within the ordinary scope of business. The customer is expressly prohibited from pledging the goods. In the event of resale, the customer is obliged to inform the buyer of our right of retention.
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VIII. Collection of payment Our representatives are not entitled to collect payment. Payments can be made in full of such claims via bank transfer to our account or by making payment at our office, unless the collector is proven to have power of authorisation by the company.
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IX. Circumstantial clause In the case of reasonable doubt as to the creditworthiness of our customer, we are entitled to make delivery or part delivery in accordance with the agreed terms of advance payment or payment upon receipt of delivery. If the customer is unable to meet these payment terms, we reserve the right to withdraw from the contract.
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X. Court of jurisdiction For any legal disputes concerning parties to this contractual agreement, for whom these Terms and Conditions of Business and Delivery apply, the place of jurisdiction shall be the respective competent court for the 1st district of Vienna. Austrian law shall exclusively apply.
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Account information: UniCredit Bank Austria IBAN:AT731100009754600600 BIC: BKAUATWW Korken Schiesser Ges.m.b.H.
