General sales and delivery conditions
For the time being all our current sales terms and delivery conditions are available in german language only. An english version will be made public in near future.
All our contract conclusions and legal declarations occur only under the following sales terms and delivery conditions.
Deviant terms and conditions of our customers obligate us only in so far as we agreed to them in writing.
1. Conclusion of contract
Our offers are always non-binding. We reserve the right to make technical changes to our suppliers. Customer orders are accepted either by order confirmation or by delivery. The content of the order confirmation is exclusively decisive for the contractual scope of delivery and services; in the absence of such, the delivery note and the invoice. If this deviates from the content of the order, the customer’s consent shall be deemed to have been given, unless he objects by registered mail within 4 days of receipt.
We reserve the right to change prices as a result of general price and wage increases as well as changes in exchange rates and import and export conditions. Orders are therefore executed at the applicable prices, exchange rates, import and export conditions on the day of delivery or, in the case of metals, on the day the order is received.
3. Delivery times
Delivery times are approximate and non-binding. Our delivery obligation is suspended as long as the customer is in arrears with a payment that is due, also from other obligations towards us. Furthermore, our obligation to deliver is suspended as long as we are prevented from delivering due to circumstances for which we are not exclusively responsible. There is only a delay in delivery if a reasonable period of grace has been set in writing.
The customer is only entitled to withdraw from the contract after this period of grace has expired without success despite an existing obligation to deliver.
Claims by the customer against us due to damage or consequences of delay are completely excluded.
From an invoice amount of EUR 363.36 upwards, delivery is carriage paid to the postal or train station specified by the customer, with the exception of those items that are expressly designated as delivery ex warehouse or ex works in our offers, price lists and catalogues. For deliveries with our truck, a delivery fee will be charged regardless of the amount of the invoice. The “free construction site” delivery agreement only includes: assumption of the transport costs to the construction site without unloading and without contracts. Special services by our transport and service representatives are not part of the purchase contract. The goods are shipped at the risk of the recipient. For special orders, a deposit may be required. Residual quantities of call or blanket orders will be delivered by us by the end of the year without further inquiry.
5. Warranty/Damage/Product Liability
5.1. We only guarantee that the goods are of a quality or performance which is usual for goods of the same type and which could also reasonably be expected by the customer or that they correspond to a sample or specimen given to the customer.
Further quality or performance of the goods are only agreed if they have been recorded in writing in the contract.
5.2. We only provide a warranty for defects that already exist at the time of handover and whose existence can also be proven by the customer at the time of handover.
5.3. The delivered goods are to be checked immediately upon delivery with the care required in accordance with §§ 377. 378 HGB and any defects that are found are to be noted in detail on the delivery note or bill of lading, otherwise any claims – in particular claims for damages – are excluded. If an immediate check is not possible upon acceptance, this circumstance must be noted on the delivery note or bill of lading, otherwise all claims are excluded and any. defects that can be determined during the subsequent inspection must be reported in detail in writing within 4 days of delivery.
5.4. If the delivered goods are defective or defects appear within the warranty period, the customer is only entitled to free repairs or replacement delivery within a reasonable period of time. Improper tampering with the items sold will in any case void the warranty.
There is no other or additional claim, in particular for a reduction in payment, on whatever legal basis, unless this has been separately agreed with us.
5.5. Compensation for any consequential damage caused by a defect is limited to direct damage and the customer is only entitled to it if we or our vicarious agents are guilty of gross negligence or intent. The customer bears the burden of proof that these requirements are met.
5.6. The right to warranty expires if it is not asserted in court within 6 months after the day the goods were taken over by the customer.
This also applies then. if the customer has notified us of the defect within this period.
5.7. The customer is obliged to observe all application instructions given to him and to obtain our opinion in case of doubt.
5.8. If a used product is the subject of an order, this will be accepted by the customer on the basis of the inspection, waiving any warranty claims. The customer declares that he is familiar with all relevant regulations on the use of the goods and undertakes to take all precautions himself to ensure that these regulations are observed when using the goods.
5.9. Does the customer have to provide a consumer or an entrepreneur with a guarantee for the defectiveness of the product. he is obligated to otherwise lose all his claims. to assert his claims resulting from § 933 b ABGB within 2 weeks after fulfillment of his own warranty obligation. In any case, these claims of the customer expire within 12 months after the conclusion of the purchase contract.
The customer is only entitled to return delivered goods with our written consent and under the conditions specified by us in the individual case; In any case, the goods must be returned carriage paid and without cash on delivery at the risk and expense of the customer.
7. Terms of payment
7.1 Invoices are, unless other written agreements are made – for example with resellers. immediately payable net.
In the absence of other agreements, we are entitled if the payment deadline is exceeded. to calculate default interest of 1% of the invoice amount monthly for the period from the due date until receipt of payment. Partial payment agreements are only valid as long as the customer makes his payment on time. In the event of non-compliance, we have the right to demand immediate payment regardless of the due date of any bills of exchange.
7.2 If the customer does not meet his payment obligation or if settlement or bankruptcy is opened over his assets, the entire remaining debt becomes due, even if there are bills of exchange with a later due date. If this remaining debt is not paid immediately, we are entitled to demand the surrender of the object of purchase to the exclusion of any right of retention.
7.3 The due date of the contractually stipulated fee is determined by the assertion of an alleged guarantee. warranty, compensation. Product liability or other claims not postponed. In particular, the customer has no right of retention, retention of payment or offsetting due to such claims. Claims from other business transactions can only be offset against our claims after they have been legally established by a court or in the event of our acknowledgment.
8. Right of withdrawal
8.1 The creditworthiness of the customer is a necessary prerequisite for every delivery.
8.2 If we become aware of negative information about the customer’s financial situation after the conclusion of the contract, we are entitled, at our discretion, to demand either immediate payment or bank security for the total amount or to withdraw from the contract.
9. Retention of title
All purchased items remain our property until all of the customer’s liabilities to us have been settled in full, regardless of the reason for which they may have arisen. If the customer pays by check or bill of exchange, the liability is not considered covered until these papers have been redeemed.
To secure this retention of title, the customer is obliged to insure the delivered items against fire and theft. Goods that have not been paid for in full may not be resold, pledged or used as security. In the event of any attachments, we must be informed immediately. If our goods are sold by the customer contrary to the prohibition, our retention of title extends to the customer’s claims resulting from this sale. The customer’s claims against the third party are deemed to be irrevocably assigned to us immediately after they arise, and the customer is obliged to inform us of his customers if we request an extended retention of title.
10. Governing Law, Place of Performance and Jurisdiction
10.1 The business relationship between us and the customer is subject to Austrian law. Regulations based on international sales law agreements do not apply.
10.2 Place of performance is our company headquarters. The competent court in Steyr is agreed as the exclusive place of jurisdiction.
11. Obligation of the contract
If one of the above conditions is invalid for any reason, this will not affect the validity of the remaining provisions.
12. Consumer protection
For buyers who are consumers within the meaning of the Consumer Protection Act, these general terms and conditions of sale and delivery apply in accordance with the admissibility of the Consumer Protection Act, whereby it is expressly stated that the invalidity of part of these provisions does not affect the validity of the other points.