1. general information
The following terms and conditions of sale and delivery apply to all deliveries and services provided by us. We would like to point out that a contract can only be concluded on these terms and conditions. We are not bound by the customer's terms and conditions of purchase. All parts, names, reference numbers, symbols and descriptions are given for reference purposes only. This is not intended to imply that any part listed is a product of these manufacturers.
2. prizes
a) All prices are net prices excluding VAT ex our warehouse/works.
b) The prices quoted do not include packaging, shipping and insurance. If we are commissioned with packaging, despatch and insurance, these costs will be charged to the customer.
c) In the event that the goods are dispatched to third countries, all customs duties, taxes and other public charges shall be borne by the customer.
3. terms of payment
a) Unless otherwise agreed in writing, our invoices are due for payment upon invoicing. All payments must be made free of charges and without deduction.
b) Representatives are not authorised to collect payments. Payments can only be made to us with effect.
c) The acceptance of bills of exchange requires a separate written agreement. Bills of exchange and cheques are only accepted on account of payment and not in lieu of payment.
d) If the buyer cancels the contract, the seller is entitled to demand compensation for the damage suffered or a ten percent cancellation fee.
e) Insofar as payment by instalments has been agreed, failure to pay even one instalment shall result in the loss of the deadline and the entire outstanding amount shall become due for payment immediately. In the event of default of payment by the customer, we are no longer obliged to continue to fulfil deliveries and services that have not yet been performed. In the event of default in payment, default interest in the amount of 6% above the respective bank rate is agreed. In the event of default in payment, payments shall first be offset against costs, then against interest and finally against the principal. If the customer has several existing debt obligations, payments shall first be offset against unsecured claims and then against the oldest debt obligations.
4 Delivery and delivery period
a) Fulfilment and the transfer of risk always take place when the goods leave our warehouse. The inspection of the goods must therefore take place in our warehouse.
b) In the event of default of acceptance by the customer, the risk shall pass to the customer upon our declaration of readiness for delivery.
c) Insofar as partial services are not expressly excluded in writing, they are permitted at any time.
d) The mode of dispatch shall be determined by us, unless otherwise agreed in writing.
e) Operational disruptions, cases of force majeure, irrespective of whether they occur at our premises or those of our suppliers, shall release us from our delivery obligation or from compliance with the agreed delivery deadlines. We are entitled to make subsequent deliveries once the disruption has been rectified.
f) All deliveries shall be made carriage forward from the Supplier's registered office for the account and at the risk and expense of the Purchaser. Insurance shall only be taken out at the expense and express written request of the Purchaser.
g) The confirmed delivery time is non-binding; claims for damages due to exceeding the delivery time are excluded.
h) The Seller reserves the right to withdraw from the contract in the event that it becomes aware of circumstances in the Buyer's financial circumstances prior to delivery which mean that its claim can no longer be sufficiently honoured.
appears to be secured.
5 Scope and delivery obligations
a) The scope of the delivery obligation shall be determined by the customer's order.
b) In the event that our order confirmation deviates from the customer's order, our order confirmation shall be deemed to be agreed if the customer does not object in writing on the same day of receipt of our order confirmation. Changes to the order by the customer shall only be effective if they are confirmed by us in writing.
c) All our offers are non-binding and subject to change. Details in the performance descriptions, weight and quality, operating time etc. are approximate.
6. warranty/guarantee/compensation
a) The customer shall be obliged to inspect the goods immediately and give notice of defects. Complaints must be made in writing to be legally effective. A complaint shall be deemed to have been made in good time if it is submitted to us in writing within 5 working days of delivery or the occurrence of the defect.
b) The customer is not entitled to complain about the entire delivery if only parts of the delivery are defective. We shall be entitled to make subsequent deliveries of the rejected items or to replace them.
c) Our warranty is limited to supplementing what is missing and improvement. Any further warranty claims are excluded.
d) In the event that justified warranty claims are asserted, the customer must send the rejected goods to us at his own expense and risk. After the defect has been recognised, the goods shall be returned to the customer at the customer's expense and risk.
e) We do not provide any guarantee beyond the statutory warranty.
f) In the event that the manufacturer provides a guarantee, we assign to the customer the guarantee claims to which we are entitled against the manufacturer.
g) The warranty shall lapse if the object of purchase has been modified by a third party or by the installation of parts of a third party origin.
h) Any warranty is excluded for repair work and used items purchased.
i) In the event of resale within the warranty period, the warranty shall lapse.
j) The customer is not authorised to assign claims under the warranty. Claims for damages from any title whatsoever, in particular from claims for consequential damages or equipment downtimes, are expressly excluded.
k) Natural wear and tear and damage caused by negligence or improper handling are excluded from the warranty. Furthermore, the warranty expires if the buyer does not properly carry out the seller's instructions regarding the treatment of the object of purchase or has them carried out.
7. reservation of title
a) The goods shall remain our property until the purchase price has been paid in full or until all other claims arising from the business relationship have been settled.
b) The customer is not authorised to resell or rent out goods subject to retention of title, or to transfer them in any other way, or to assign them as security. In the event that the delivered goods are intended for resale by the customer, the customer shall assign his purchase price claim against his customer to us upon resale. We are authorised to assert the assigned purchase price claim directly with the customer of the ordering party, but are not obliged to do so.
c) The customer is prohibited from pledging goods delivered under retention of title. The customer must notify us immediately and demonstrably of any seizure of the goods. The customer shall bear the costs of any seizure proceedings.
d) In the event that the Buyer fails to fulfil its contractual obligations or defaults on payment, the Seller shall be entitled to withdraw the Buyer's right of disposal and use of the goods delivered subject to retention of title without recourse to the courts and, in the event of unification, to dismantle them. The buyer undertakes to grant the seller's authorised persons free access to the object of purchase wherever it is located.
8 Choice of law and place of jurisdiction
Austrian law shall apply. Place of jurisdiction: A-8570 Voitsberg.