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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
