Skip to contentGeneral Terms and Conditions of Sale and Delivery
- General
These General Terms and Conditions of Sale and Delivery apply to all our sales and deliveries. Conflicting terms and conditions of the buyer are not binding on us, even if they form the basis of the order.
1.2. Our General Terms and Conditions of Sale and Delivery also apply to all subsequent transactions, even if they are not expressly referred to again when such transactions are concluded.
1.3. Collateral agreements as well as amendments and additions to the contract and to our General Terms and Conditions of Sale and Delivery are only valid if confirmed by us in writing.
- Offers
Our offers are always subject to change and valid for 60 days, unless otherwise stated in the quotation.
We reserve the right to make improvements and changes to the design or version of our goods.
Our cost estimates, drawings or other offer documents remain our property, and the exploitation rights under copyright law belong exclusively to us. They may not be reproduced or passed on without our consent. They must be returned to us at our request as soon as the purchaser no longer needs them in connection with the specific project. Plans, sketches or other technical documents, as well as samples, catalogues, brochures, illustrations and the like, always remain our intellectual property; the customer acquires no rights of use or exploitation of any kind in them.
- Conclusion of contract
The contract is only deemed to have been concluded once we have confirmed acceptance of an order in writing, or if the purchaser declares acceptance of our unchanged quotation in writing and in good time.
- Prices
Our prices are quoted in the currency offered or invoiced, unpacked, ex works, excluding VAT.
Prices are based on current metal quotations (Frankfurt metal exchange). Prices are adjusted to the metal quotations on an annual basis. However, we expressly reserve the right to adjust prices in the event of significant changes during a current calendar year.
For deliveries and partial deliveries which, as agreed, are to take place more than four months after the date of the order confirmation, the sales price valid at the time of delivery shall apply.
- Delivery periods, partial delivery
If the delivery period is stated as a period of time (and not as a fixed date), it begins on the date of the written order confirmation or on receipt of the order in accordance with the unchanged quotation. Every delivery period is extended appropriately if information and documents do not reach us in good time, if they are subsequently changed by the purchaser with our consent, or if a quantity arrives late.
If failure to meet a delivery period is not due exclusively to our fault, the buyer shall have no right to withdraw from the contract, to waive delivery or to claim damages.
In the event of force majeure or other extraordinary events for which we are not responsible and which make delivery impossible or considerably more difficult, we may restrict or suspend delivery for the duration of the impediment or withdraw from the contract, without the buyer being entitled to claim damages as a result.
Partial deliveries are permitted. In the case of continuous supply contracts, each partial delivery is deemed to be a separate transaction. Impossibility of a partial delivery or delay in a partial delivery expressly does not entitle the buyer to withdraw from the entire contract or to claim damages.
- Acceptance of the goods by the buyer
The risk passes to the buyer upon acceptance of the packed goods by the buyer or by a person commissioned by the buyer (forwarding agent, carrier, etc.) ex works (ACCEM). If acceptance is delayed or made impossible for reasons for which we are not responsible, we are entitled to store the goods at our premises or with a third party at the buyer's expense and risk, whereby we shall have fulfilled our obligations.
If the buyer does not notify us of their arrangements in good time, the goods will be packed for road transport.
- Payment
All invoices are payable in accordance with the terms of payment printed on the invoice.
Payments may only be made in the agreed currency. Cheques are only accepted on account of performance and are only deemed to be payment once they have been cashed.
Set-off of counterclaims of any kind is excluded unless the counterclaim is undisputed or has been finally established by a court.
If there are several outstanding claims, we are entitled to determine which claims are settled by the buyer's payment.
After expiry of the payment period, default interest at the customary commercial rate, but at least 3% above the discount rate of the Austrian National Bank, is owed without reminder.
Withholding or reducing payments due to complaints is only permitted with our consent.
- Default
If the buyer fails to comply with the agreed terms of payment, in particular if the buyer is in default with a payment in whole or in part, all payment obligations towards us, including those arising from other contracts, become due immediately. Payment by bill of exchange is excluded. The same applies if the buyer stops making payments, if the opening of judicial composition or bankruptcy proceedings over the buyer's assets is applied for or resolved, or if other circumstances become known which reduce the buyer's creditworthiness.
If the buyer is in default of payment, we may, without prejudice to our other statutory rights, refuse further deliveries under this or any other contract or make them dependent on an advance payment or the provision of security.
- Warranty
If the goods delivered have a defect for which we are responsible, we shall, at our discretion, supply a replacement free of charge, carry out rectification or grant an appropriate price reduction within 2 years of the transfer of risk. If the replacement delivery or rectification is also defective, the buyer may demand an appropriate price reduction. Further claims of the buyer, in particular for damages or rescission of the contract and for damage resulting from the use or installation of the goods, are expressly excluded, irrespective of the legal basis on which they are asserted.
Defects in the goods must be notified to us in writing without delay, and obvious defects at the latest within 30 days of their becoming recognisable. If this is not done, any warranty is excluded.
Complaints about partial deliveries do not entitle the buyer to refuse performance of the entire contract.
We accept no liability for third-party claims due to infringements of patents, registered designs or trademarks by the goods delivered.
- Development orders
In the case of orders whose execution requires special development work, the buyer acquires no inventor's rights to the developed items or to the equipment used to manufacture these items, even if the buyer has contributed to part of the development and/or production costs.
- Invalidity
Should one or more provisions of these General Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall hereby be deemed replaced by a new, valid provision which fulfils the same legal and economic purpose as closely as possible.
- Place of performance, place of jurisdiction, applicable law
The place of performance for the obligations of buyer and seller is Kirchdorf an der Krems.
In the event of disputes, including those concerning the validity of the contract or of these General Terms and Conditions of Sale and Delivery, the place of jurisdiction is the Regional Court of Steyr (Landesgericht Steyr).
Legal relations between us and the buyer are governed exclusively by Austrian law, to the exclusion of any other national law. Rights arising from statutory provisions are not affected by these General Terms and Conditions of Sale and Delivery.
