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1.
Our General business- and delivery conditions shall apply to all orders
and contracts entered into between the parties hereto. The sending or re-
ceipt of our invoices shall in any case be deemed an acknowledgment of
order or acceptance thereof.
2.
Our offers and delivery dates are subject to change without notice and
shall not be legally effective until a written acknowledgment of order is issu-
ed. Similarly, oral agreements shall not be legally binding unless confirmed
in writing.
3.
Deliveries and calculations shall be based on the price specified in the
current price list. In the event of increases in prices or wage costs or consi-
derable deviations in the production costs that are beyond our control after
the order is placed, we shall be entitled to modify our prices accordingly
without prior notice.
4.
Prices are without value-added tax, packed, ex-warehouse.
5.
Orders from a net value of EUR 280.00 Austria, or EUR 1,500.00 Europe
(including nonferrous metal surcharge) shall be delivered free house, whe-
reby we reserve the right to choose the shipping mode. Any specific mode
of transport requested by the Buyer shall be for his account. The recipient
shall pay the delivery charge for shipments sent by mail.
6.
Items must be purchased in packing units. Smaller orders shall be sub-
ject to a minimum order surcharge in the amount of EUR 5.00.
7.
Orders under EUR 150.00 (including nonferrous metal surcharge) shall
be subject to payment of a handling fee in the amount of EUR 10.00.
8.
Delivery dates shall be non-binding. Delays caused by sub-suppliers,
force majeure or operational breakdowns can prolong delivery periods.
Claims for compensation due to delays can only be filed to the extent that
they can be asserted against and recovered from our sub-suppliers. All
other claims for damages shall be precluded. We shall be entitled to rescind
the contract for delivery in whole or in part without the Buyer being entitled
to claim compensation in the event of unforeseen events such as operatio-
nal breakdowns, force majeure, war, bans on imports or similar events
9.
Notice of any defects must be given in writing within 14 days after re-
ceiving the goods otherwise the defects shall be deemed accepted. Provi-
ded the notice of defect was given on time, the Buyer or Customer shall
be entitled to file a warranty claim within a period of 6 months (warranty
period). Defective goods shall – at our option – be repaired or replaced. If
the goods cannot be repaired or if their repair is not deemed expedient,
the Buyer can either request a price reduction or cancel the order (unless
the defect is a minor defect). Such goods can only be returned if the Buyer
has not tried to manipulate with or repair the goods in any way. Apart from
our liability under the Product Liability Act, our liability shall be limited to
damages resulting from wilful misconduct or gross negligence. Liability for
minor negligence, consequential damages and financial losses, non-achie-
ved savings, loss of interest or third-party claims against the Buyer shall be
precluded.
10.
Goods already ordered cannot be returned unless specially agreed, de-
ducting a 10 % handling fee.
11.
We shall retain the title to the goods until full payment is received. The
Buyer‘s entitlement to process or sell such goods in the ordinary course of
business shall expire upon any default in payment arising under our busi-
ness relationship with the Customer, with a petition in bankruptcy or with
the written assertion of our reservation of title. In the event of attachment
or any other third-party claim to the goods, the Customer shall point out the
reservation of title and notify us immediately. If our goods are processed
by the Customer or a third party, we shall be entitled to co-ownership of
the product according to our share of the value. If the goods or a product
incorporating our goods are disposed of, particularly if the goods or product
are sold, our reservation of title shall be extended to include the customer‘s
or third party claims arising therefrom (extended reservation of title). These
claims shall be deemed irrevocably assigned to us as soon as they arise.
Upon our request, the Customer shall notify his buyers of our reservati-
on of title and of the assignment of claims and to provide proof of such
notification upon our request as well as any other information required to
review and enforce any reservation of title or extended reservation of title
we may assert, even if such reservation is contested by the Customer or
any other party. Upon our request the Customer shall also be required to
make an entry in his books for the assignment of future claims arising from
the sale of our goods and to permit us to check that such entry was made.
An absolute ban on assignment shall apply to all claims arising from the
resale or processing of our goods or a product processed from our goods.
Such ban on assignment shall also preclude any prior assignment by the
Customer affecting our reservation of title and can only be revoked upon
our written consent. In the event of default in payment, we shall be en-
titled to pick up our goods and the product processed from our goods at
the Customer‘s expense without any interference with possession being ad-
missible and precluding any claim for damages and to realize the goods or
the product by extrajudicial private sale, crediting the Customer‘s account
with the proceeds of sale or, in the case of co-ownership, an amount cor-
responding to his share of the value less a 20 % resale charge. In the event
of any default in payment arising during our business relationship, our re-
servation of title shall also entitle us to repossess our goods or the product
manufactured using our goods without rescinding the contract of sale and
without returning or setting off any partial payments rendered, until such
default in payment has ceased. This provision as well the other terms and
provisions hereunder shall also apply to any official receiver appointed for
the Customer. If checks and bills of exchange are accepted, the reservation
of title shall remain in force until the check or the bill of exchange has been
cashed. Bills of exchange shall only be accepted as payment, expenses shall
be for the recipient‘s account.
12.
Any deviating, contradictory or supplementary terms and conditions of
the Buyer shall not apply – even if acknowledged – unless expressly accep-
ted in writing.
13.
The place of performance for payment and delivery shall be 5020 Salz-
burg. The place of jurisdiction shall be 5020 Salzburg. All transactions shall
be governed by and construed in accordance with Austrian law. The United
Nations Convention on Contracts for the International Sale of goods (CISG)
shall not apply.
General business- and delivery conditions
Anhang
attachement
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