General Terms and Conditions

  1. General
    These general terms and condition apply to all sales and deliveries made by us. Conflicting conditions stipulated by the customer are not binding for us, even if they were stipulated in the order.

    1.2 Our general terms and conditions also apply to all subsequent business, even if no reference is made to them when the business is concluded.

    1.3 Collateral agreements as well as changes and amendments to the contract and to our general terms and conditions are only valid if they are confirmed by us in writing.
  2. Offers
    Unless noted otherwise in the offer, our offers are valid for 60 days and are always subject to change.
    We reserve the right to improve and change the design or execution of our products.
    Our cost estimates, drawings and other documents related to the offer remain our property; we alone may exploit the copyrights. They may not be reproduced or transmitted without authorisation from us. They must be returned to us, at our request, as soon as they are no longer needed by the customer for the project for which they were made available.  Equally, samples, catalogues, prospectuses, illustrations and the like, as well as plans, sketches or other technical documents always remain our intellectual property; the customer acquires no exclusive rights to these or rights to exploit these.
  3. Conclusion of a contract
    A contract has not been concluded until we have confirmed the acceptance of an order in writing. Or if the customer has, in time and in writing, declared the acceptance of our unchanged offer.
  4. Prices
    Our prices are quoted in the offered or invoiced currency, without packaging, ex factory, net of VAT.
    Prices are based on the currently quoted metal prices (on the Frankfurt Metal Exchange). Prices are adjusted to the quoted metal prices on an annual basis. We expressly reserve the right however, in the event of significant changes, to adjust prices in the course of a calendar year.
    For deliveries and partial deliveries which, as agreed, are to be made later than four months following the date on which the order was accepted, the sales price applicable when the delivery is made will be applied.
  5. Delivery dates, partial delivery
    If the delivery date is identified as a time period (not as a deadline), it begins on the date on which the order was accepted in writing or when the order was received in accordance with the unchanged offer. The delivery date adjusts accordingly if information and documents have not been provided to us in time, if these are changed by the customer, with our approval, or a number is received late.
    If we are not alone responsible for a failure to comply with a delivery date, the customer acquires no right to cancel the contract, to reject delivery or to make claims for damages.
    For acts of God or other unusual events, for which we are not responsible, which make delivery impossible or significantly more difficult, we may limit or stop delivery for the duration of the inhibiting event or cancel the contract, without the customer acquiring a right to make claims for damages.
    Partial deliveries are permitted. For long-term supply contracts, each partial delivery is considered a separate transaction. The inability to make a partial delivery or the delay of a partial delivery does not entitle the customer to cancel the entire contract or to make claims for damages.
  6. Transfer of responsibility for the goods to the customer
    Risk for the packaged goods transfers to the customer when the customer or his agent (forwarding agent, freight forwarder, etc.) accepts the packaged goods ex factory (ACCEM). If the transfer is delayed or becomes impossible for reasons for which we are not responsible, we may store the goods or store the goods with a third party at the customer’s expense and risk. This fulfils our obligations.
    If the customer does not identify his preference in time, the goods will be packaged for road transport.
  7. Payment
    All invoices are payable in accordance with the terms of payment printed on the invoice.
    Payments must be made in the agreed currency. Cheques are only accepted for payment and are not considered as payment until they have been redeemed.
    No counter-claims of any kind may be offset unless the counter-claim is undisputed or has been ordered by the courts.
    If there is more than one open receivable, we may determine which receivable the customer's payment applies to.
    If payment has not been made by the payment deadline, interest is payable without notification at the customary rate, at least however in an amount of 3 % above the Österreichische Nationalbank's discount rate.
    Payments may only be withheld or reduced in connection with complaints if approved by us.
  8. Delay
    If the customer fails to comply with the terms of payment, fails especially to make a payment in full or in part, all of his payment obligations to us, even those in connection with other contracts, become immediately due and payable. Bills of exchange will not be accepted as payment. The same applies if the customer no longer makes payments, if judicial collection or bankruptcy proceedings have been requested or decided or if other circumstances have become known which reduce the customer's creditworthiness.
    We may in the event of payment delays by the customer, without prejudice to our other rights under the law, refuse to make further deliveries in connection with this or another contract or require the payment of a collateral security before making further deliveries.
  9. Warranty
    If the delivered goods have a defect for which we are responsible, we will, within 2 years following the transfer of risk from us to the customer, at our discretion and at our cost, deliver a replacement, make repairs or grant an appropriate price reduction. The customer may request an appropriate price reduction if the replacement or the repair is defective. Any other claims made by the customer, especially for damages or for cancellation of the contract for damages arising from the use or installation of the goods, are, regardless of the legal basis on which they are made, expressly excluded.
    Obvious defects in the goods must be reported to us immediately in writing and not readily identifiable defects must be reported to us in writing at the latest within 30 days after they have been identified. The warranty cannot not be honoured if this is not done.
    Complaints because of partial delivery do not entitle the customer to refuse to fulfil the contract.
    We assume no liability for claims made by third parties because the delivered goods infringe on patents, registered designs or trademarks.
  10. Development contracts
    For contracts which require special development work, the customer acquires no rights to the developed objects or to the facilities used to manufacture the objects, even if the customer bore a share of the development and/or manufacturing costs.
  11. Invalid provisions
    Should one or more of the provisions in these general terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is considered herewith as having already been replaced by a new, valid provision, which as much as possible fulfils the same judicial and economic purpose intended by the invalid provision. 
  12. Place of performance, place of jurisdiction, applicable law
    The place of performance for the performance to be provided by the customer and by the seller is Kirchdorf an der Krems.
    Disputes, even with regard to the validity of the contract or with regard to these general terms and conditions, will be handled by the regional court in Steyr.
    The legal relationship between us and the customer is subject only to Austrian law, to the exclusion of any other national laws. Rights provided by law are not affected by these general terms and conditions.