The following terms and conditions in English are just for your information. Only the German version is binding.
1. General Regulations
All offers, deliveries and agreements are based exclusively on our general sales conditions.
Contrary statements on the part of the buyer indicating his own terms of business and purchase are herewith contradicted. Also, they shall not legally bind us, if the buyer declares his conditions as exclusive and we have not again objected to them at the time of the formation of the contract. Even without the written confirmation of the buyer, our conditions shall be deemed to have been fully accepted at the latest, when our goods or services are taken delivery of.
We reserve the rights of ownership and copyright in illustrations, drawings, calculations and other documents. These documents shall not be made accessible to third parties.
2. Terms of payment
All payments are to be made to us by the purchaser. Our sales representatives are only authorized to receive payment, if they have been explicitly granted authorization from us in written form for a special case.
Unless otherwise agreed upon, the following applies:
Purely net payment without any deductions within 20 days.
Bills of exchange and cheques shall on principle not be accepted.
If the agreed payment period is exceeded, we shall be entitled to charge interest at the current valid default interest rate, however at least at a rate of 12% p.a., the interest shall be capitalized quarterly. In addition, the buyer undertakes to pay adequate reminder charges and collection costs of all sorts. The assertion of any further claims shall not be precluded hereby.
If the purchaser is overdue with a payment for longer than 10 days, the entire sum of all his outstanding debts will become due for payment immediately after a written reminder. Furthermore, after setting an appropriate period of grace, we are entitled to withdraw from the agreement and demand return of the goods delivered.
Any delay of payments or settling of accounts due to eventual disputed counter claims from the buyer are not valid.
3. Reservation of title
All delivered goods shall remain our property (reserved goods) until the ordering party has fulfilled all payment obligations. The reservation of title also relates to the new products, which are produced by processing or combination of our goods. If the buyer resells the products within the framework of a proper business transaction, all claims from the resale amounting to our demands is given to us. Upon request, the purchaser is obliged to inform us of the name of the third party debtor and the amount of the claim against this one.
The customer should notify us without undue delay of any third-party seizure, e.g. seizures. Pledging of the goods by the customer is not permitted.
4. Trade mark rights
In contract manufacturing with predetermined prescriptions and equipment the purchaser has the responsibility that no copyrights of third parties are violated by the production and supply of the goods .The buyer agrees to indemnify us against claims for damages or other claims by third parties and related costs of all kinds and to reimburse us for direct and indirect damages and expenses incurred from the infringement of any proprietary rights.
5. Delivery period
Delivery periods quoted by us are not binding, unless these have not been expressly agreed as fixed dates. Furthermore, the specified delivery periods are only insofar binding for us, as we are not prevented by war, breakdowns, shortage of raw materials, transport disruptions or disposal of force majeure from fulfilling the order. Such events entitle us to completely or partially withdraw from the contract without giving the buyer the right to claim damages. If there is no fixed delivery period, the contracting parties are considered to have agreed on „prompt delivery“. However, we reserve the right to extend our delivery time by a maximum of 4 weeks in all cases. If the goods have already been completed on the contractual delivery date and the acceptance is required, they will be stored on our premises at the expense and risk of the purchaser. Unless specified otherwise by the purchaser, we select what we consider to be the best type of dispatch and the best route of shipment, but without any guarantee. Partial deliveries are permitted. We reserve the right to standard deliveries over and under 5% of the contracted quantities. If the buyer does not accept the quantity of goods in their entirety from, we may, without prejudice to any other rights, charge a small order surcharge. For orders under 40 - a surcharge of 4, - per invoice can be additionally charged.
The liability of the delivery and a possibly agreed delivery date apply only if the supply of all raw materials processed in the product is guaranteed. Compensation for late delivery, in particular contractual penalties in delivery contracts or general terms and conditions are expressly excluded.
6. Transfer of risk
In principle, deliveries are made ex works without specially agreed terms of delivery.
Our delivery duty shall be deemed to have been wholly fulfilled and the risk shall pass in every aspect to the customer as soon as the goods have left our factory. This also applies in the case, when the goods are delivered by us freight free. Any transport or other insurance coverage shall be the responsibility of the customer. All damages to the goods during transport or missing parts must be noted immediately and confirmed by signature of the delivery person (for example: truck driver). Goods, which is agreed shall be collected by the customer will, from the time at which the customer has been notified of readiness for collection, be preserved at his own risk. If the buyer fails to perform its duty of collection, we may demand reasonable compensation for the storage.
7. Notice of defects
All information about product characteristics is based on our experiences and technical knowledge of our suppliers. They do not release the purchaser and user of application-related aptitude tests. Product liability compensation is excluded in any case.
Our technical advice shall be occurring orally, in writing, or by trials to the best of the company’s knowledge, but is only considered non-binding advice. It does however not release the purchaser and user from the duty to check by himself, if the products supplied by are suitable for the intended processes and purposes. Application and processing of the products take place beyond our control possibilities and lie therefore exclusively in the responsibility of customers and users.
On pain of losing his entitlement to assert claims, the client must notice defects immediately after the shipment arrives at the destination, correctly, in writing and in detail and documented by submission of samples of the rejected goods. 10 days after the receipt of the shipment no more complaint is admissible. Small commercial or technically unavoidable deviations in colour, size and quality of the equipment cannot be the subject of a complaint. Decisive for quality and workmanship of any order are the average failure patterns, which are presented to the purchaser on his request.
In the case of justified reclamation, the buyer has the right to exchange the goods, provided that the claimed goods are in their original condition. In no case, complaints entitle the purchaser to claim for damages, conversion, reduction or withdrawal from the contract.
Our data on the properties, processing and application of our products is based on scrupulous tests and practical experience. However, they are without any obligation and do not relieve the buyer from his obligation to ensure himself by adequate tests, that he can achieve the intended result with our products.
Damage claims will only be accepted up to the amount of the value of the goods. Further claims (especially consequential damages and distorted shapes) and claims for consequential costs shall be excluded. No liability - also in patent rights - can be assumed in individual cases.
8. Place of performance and jurisdiction
The place of performance for all of our deliveries is our company headquarters. Performance place for the purchaser's obligations is Himberg near Vienna.