Terms & Conditions
GENERAL PURCHASE CONDITIONS
All our orders which follow General Purchase Conditions are binding for both contracting parties if nothing different has been agreed in writing. Seller’s general terms of delivery and sales are not obligatory, even if we expressly not contradicted them. In addition to our general purchase conditions the Republic of Austria’s legal regulations fundamentally apply.
- Prices: Prices stated in our order apply in the agreed period as maximum prices. Price clause: If goods which are subject of the agreement are offered to the buyer for a better price, then the buyer can request the supply at this favorable price. If the seller does not follow this requirement, then the buyer is not obligated to take from the seller the remaining, still outstanding part of the total quantity from the seller.
- Delivery term and dispatch: Place of delivery for the supply is the respective ship-to- address stated in the order. Our forwarding instructions should be respected in every detail; all damages incurred from their non-observance will be debited to the supplier’s account. Possible extra costs caused by the absence of necessary documents or by issuing them in an incorrect form will be transferred/invoiced by our company to the respective supplier.
- Dates of delivery: The agreed dates of delivery are obligatory, excluded force majure. The delivery time begins from the date on the order form. Should the supplier be late in delivery of the goods then we are entitled, according to our choice, either to require fulfillment of the contract and compensation caused by default or withdrawn of the contract. Recognizable delays in supplies should be announced immediately in writing. The supplier will be liable for all detrimental effects incurred by exceeding the delivery time.
- Goods quality and product guarantee: The prescribed quality of the goods agreed upon in the order should be kept by the supplier exactly according to the requirement if not we are entitled to return the goods to the supplier at his own cost. The supplier agrees to mark the commodity in accordance with EU- regulations. The supplier is responsible for all damages incurred from the use of its product.
- Cases of doubt: We will specify the contractual obligation as accurately as possible by using the correct data. If the supplier is in doubt over details of the contractual obligation, then he should contact us immediately. Deviations from our data are permissible when authorized by us in writing.
- Guarantee: The take-over of goods takes place at our customer. Hereby ascertained weights and/or numbers of items or quantity units are decisive, without considering preceding weighing or counting. Deficits in weight and quantity units will be considered as defects. Defects must be announced to the supplier within 4 weeks after delivery of the supplies.
- The supplier is obliged to keep strictly secret, all experience, knowledge
and documents concerning our company which he has learned/made known in connection with our order, against third parties. In case of infringement of this clause our corresponding legal steps will be taken.
- Our contract number should be indicated in all letters, dispatch advises and invoices. Invoices are to be sent to us in duplicate.
- Submitted faulty invoices will be returned by us. Decisive for the payment is the day of arrival of the due invoice.
- Place of jurisdiction: Vienna; following Austrian law
- In the case of non-observance of the contract (quantity, dates of delivery, kind of delivery) by the supplier we are entitled to require from the supplier compensation for the damage in the form of a penalty amounting up to 20% of the entire value of the contract.
SALES AND DELIVERY CONDITIONS
I. Our terms and conditions shall apply for all present and future business transactions between us and the customer. They shall be agreed as valid no later than acceptance of the goods or service on the part of the customer. They shall be binding for us only insofar as we confirm them explicitly in any conference written. The ineffectiveness of a clause or part thereof shall not influence the effectiveness of the remaining part.
II. Our quotations shall be without engagement. Cost estimates and freight charges shall not contain any fixed prices. Quotation documents may not be made accessible to third parties. Quotations and agreements of our employees, contractual additional agreements, changes and additions shall be valid only with our written confirmation.
III. The goods shall be delivered in a condition and in packaging customary to the trade. In the case of purchase according to a pattern or sample the characteristics of the pattern or sample shall not be guaranteed. We accept on principal no liability for the suitability of the delivered goods for the purposes intended by the buyer, nor for losses of any kind that may arise as a result of the treatment, processing or use of the product in a broader sense. Further treatment or processing shall take place at the risk of the buyer. Before the further treatment or processing the buyer shall test the suitability of the material for the intended use.
IV. The delivered quantity shall be determined at our discretion by a method customary in the trade and shall be binding. Deliveries smaller or larger than the quantity purchased customary in the trade shall be accepted as fulfillment of the contract. We shall have the right to partial performance to a reasonable extent. Quality shall be defined by the data ascertained by the dispatching office. Acceptance of the goods by the customer/carrier/transporter shall be proof of quantity, fault-free packaging and loading.
V. An increase in the stated price shall be allowed if our own costs increase (e.g. increased material costs, increased import duties and taxes). If the price increase amounts to more than 10% the customer shall by means of a written declaration within 2 weeks of receiving notification of the price increase be able to withdraw from the contract in respect of the quantities not yet accepted. In the case of a reduction in the quantity accepted the valid sliding price shall apply for the accepted quantity.
VI. Only delivery dates/times that are confirmed in writing shall be binding on us. All delivery dates/times shall be subject to the condition that transport routes and means of transport are available to the required extent and shall be accepted as met if the goods leave the point of dispatch such as to arrive punctually at the recipient after the normal transport time. Force majeure, hindrances to acceptance or performance in the subcontractor, production or transport sector or other circumstances and incidents outside our sphere of influence shall release us from the affected contractual obligations for the duration of the disturbance; we shall not be obligated to make subsequent deliveries.
VII. Notification of deficiencies and other complaints must be registered in writing immediately after arrival of the goods, otherwise wrong goods shall also count as accepted. In the case of the punctual and justified notification of deficiencies we shall at our discretion provide a replacement, remedy or complete the deficiency, or reduce the purchase price. The complaint about a delivery or service shall not entitle the customer to refuse further deliveries from the same or a different contract.
VIII. Insofar as claims can be made against the seller at all, it shall be liable only in cases of its own gross negligence or intent, even in the case of the delivery of wrong goods. We shall be liable only for direct losses and not for consequential losses due to deficiencies. Every replacement shall be limited to the amount of the buying-in value of the respective (part) delivery. The seller shall in no case accept liability of any kind for the performance of a carrier or freight forwarder or their subcontractors, even if these were contracted by the seller. Apart from this, the liability for vicarious agents shall be limited to the careful selection of same.
IX. We shall retain the title of ownership to all goods delivered by us until complete payment of all debt claims deriving from the business relationship with the buyer.
X. Payments shall be made net cash within 30 days of date of invoice expect special agreements. In the event of default in payment, we shall charge interest for delayed payment to the amount of 15% p.a. plus bank and exchange expenses, other costs incurred, our own fixed reminder charges and all costs associated with the bringing in of a collection agency at the rates charged by same.
XI. Place of fulfilment shall be Vienna for both parts. Legal venue shall be agreed as the technically responsible court for the 1st municipal district of Vienna. Austrian law shall apply. In respect of the clauses (EXW, FCA, CPT) contained in our terms and conditions, or others which may be used, reference shall be made to Incoterms 2010, whereby the original text of the German translation by the international chamber of commerce in Paris shall apply.