Unless special agreements or conditions are agreed and confirmed by us, the following general terms and conditions of business (TOS) shall apply, with which the customer expressly agrees when placing the order.
We do not accept the Buyer’s own terms and conditions of purchase or any other contractual terms and conditions; we work exclusively in accordance with these General Terms and Conditions (TOS).
2) Offer and contract conclusion
Contracts and their amendments must be in writing. The agreement of the departure from the written form requires the written form in each case.
Offers and cost estimates are not binding; the contract is concluded after receipt of the order by sending our written order confirmation.
Our prices according to the respective valid price lists as well as all our price offers whether in writing or verbally are subject to change and are net ex works St. Wolfgang, based on the current costs for material, energy and wages.
If there is a longer period of time between the placing of the order and its execution or if there is a framework agreement for continuous delivery or processing activities and if the prices change during this period of time, we are entitled to increase the prices accordingly at the time of delivery.
4) Delivery, Transport Risk, Acceptance
4.1 The risk shall pass to the Buyer as soon as the goods have been handed over to the carrier for loading. Loading, transport and unloading shall always be at the risk of the Buyer, even if carriage paid delivery has been agreed. Transport insurance is not covered by us. We shall only arrange for transport insurance if we are expressly requested to do so in writing; the costs incurred for this shall in any case be borne by the Buyer.
4.2 Delivery periods are generally non-binding, unless compliance is expressly guaranteed, e.g. fixed date, binding delivery date, etc.. Only in the event of a delay in performance for which we are responsible shall the customer be free to withdraw from the contract by setting a period of grace which, however, may in no case be less than two weeks; any other or further claims of any kind, in particular claims for damages, shall be excluded unless we are guilty of gross negligence or intent in the delay in performance.
5) Retention of title
Delivered goods remain our property until full payment of the purchase price.
6) Terms of payment
In case of overdue payment we reserve the right to charge interest on arrears in the amount of 8%. Offsetting and retention by the customer are generally excluded, unless we have a counterclaim or a right of retention. The right of retention has been expressly acknowledged by us in writing or has been established by a court of law. In special cases we reserve the right to make deliveries only against advance payment or cash on delivery. This shall apply in particular in the event that circumstances exist which reduce the creditworthiness of the customer; in this case we shall also be entitled to withdraw from the contract without any claims accruing to the customer as a result.
7.1 The goods shall be inspected immediately upon receipt (delivery, collection), insofar as this is feasible in the ordinary course of business, and we shall be notified of any defects. The timely dispatch of the notification shall be sufficient to safeguard the rights of the Buyer.
7.2 Minor differences in the degree of gloss shall not be considered as defects and must be accepted.
7.3 The warranty period shall be 24 months; the warranty claim shall expire if it is not asserted within this period. In the event of a claim for warranty, the warranty period shall neither be interrupted nor suspended nor shall a new warranty period be triggered.
7.4 The existence of a defect shall always be proven by the customer; the legal presumption of §924 ABGB is excluded.
8) Damages, Liability
We shall only be liable for damages of any kind, except personal injury, including damages resulting from the performance or non-performance of the contract, from tortious acts or omissions and from defects, if we have caused such damages by gross negligence or wilful misconduct. Any claim for compensation of damage beyond this is excluded. The claims from the product liability are not affected by this.
9) Place of performance, place of jurisdiction
Place of performance for delivery and payment is St. Wolfgang, place of jurisdiction for all disputes is Bad lschl, however, we can call upon a court otherwise competent for the customer after our choice. Austrian substantive law shall be applicable to the exclusion of the Uniform Law on the International Sale of Goods.
10) Consumer business
If these TOS are based on a consumer transaction within the meaning of the Consumer Protection Act, the provisions of the KSchG and the ABGB shall apply.