General Terms of Condition

We deliver solely on the basis of the following terms and conditions, which customers accept by issuing an order and which apply with binding effect to all our transactions. Any agreements which deviate from these terms and conditions are valid only if they have been expressly confirmed by us in writing. Any purchasing conditions stipulated by the customer which diverge from these terms and conditions will not be recognised or accepted.

All offers are subject to confirmation, and subject to goods being unsold. Offers and projects, together with the related drawings, dimension diagrams and descriptions are the vendor’s intellectual property and may not reproduced, or made available to third parties without the vendor’s consent.

The contract will be deemed to have been concluded when the vendor, following receipt of the order, has despatched a written order confirmation or a delivery consignment. Any subsequent amendments to the contract will only be valid if made in writing.

• Unless otherwise agreed in writing, all our prices are ex our warehouse in Graz excl. packaging, loading and VAT.
• Prices are based on costs at the time when the prices are notified, in particular producer prices, Austrian National Bank exchange rates, tariffs and freight rates. Changes in costs, exchange rates etc. will entitle us to adjust prices in line with costs at the time of delivery.
• Prices for services charged on a labour-cost basis (installation, servicing etc.) are always calculated at the rates in force on the date when the service was supplied; the same applies to travelling expenses and accommodation costs for our technicians, instructors and fitters.

Delivery will begin on the latest of the following dates:

• Date of order confirmation,
• Date of fulfilment of all the purchaser’s technical, commercial and other obligations,
• Date when the vendor receives a payment on account due before the goods are delivered or a letter of credit which is required is opened.

Agreed delivery periods apply subject to circumstances which are unforeseeable or beyond our control, such as: all instances of force majeure, war, riot, natural disasters, local interventions and prohibitions, transport and customs delays, damage in transport and transport prohibitions etc. These circumstances will entitle us to extend the delivery period even if they affect our suppliers rather than ourselves. They also apply, however, subject to strict compliance with the delivery periods agreed between the vendor and the vendor’s supplier. We are entitled to effect, and invoice, partial or advance deliveries. Compensation may only be claimed for delay in delivery if a separate agreement to this effect has been concluded in writing or the delay in delivery is due solely to gross negligence on the part of the vendor and not the latter’s agents.

Unless otherwise agreed in writing, we deliver goods ex warehouse, unpacked, for the recipient’s account and at the latter’s risk. All transport, postage, packaging, and loading costs will be borne by the purchaser. Packaging will be invoiced at actual cost and not accepted for return. Insurance of all kinds will only be taken out to the extent desired by the customer, and on the customer’s instructions and at the latter’s expense. If despatch is delayed by circumstances within the customer’s sphere of responsibility, delivery will be deemed to have been fulfilled once notification of readiness for despatch has been given. The goods ordered will then be stored at the recipient’s expense and risk. If delivery is agreed on the basis of release orders, a release order will be deemed to have been issued for the goods no later than 1 year after the order date. The agreed payment terms will not be altered by such a delay in acceptance. Unless expressly agreed otherwise, in writing, goods will be delivered in our supplier’s original packaging, the suitability of which we cannot be held liable for.

We provide a guarantee only to the extent of the manufacturer’s warranty and assign all warranty claims, in full, to our customer. All claims extending beyond the scope of the warranty, in particular claims for compensation based on gross or minor negligence, lost profits or consequential loss, are excluded. The warranty does not cover the replacement of parts subject to natural wear and tear. It will immediately be voided if the purchaser or a third party alters or repairs the articles delivered without our written consent. No guarantee is provided for secondhand goods, repair orders, alterations or retrofitting. Any defects must be notified in writing within one week of receipt of the delivery. Defects which were not apparent at first sight, exercising all due care, or did not appear until a later stage, must be notified in writing within one week of discovery. Once a defect has been discovered, no further use may be made of the articles concerned; we can accept no liability for loss or damage caused by the continued use of articles after a defect has been identified.

• Invoices issued by us are payable, unless otherwise agreed in writing, eight days after the invoice date, net and without any deductions, free of all charges.
• In the arrears in payment we will charge interest on arrears at a rate 2% above the Austrian banks’ current interest rate on debit balances.
• Bills of exchange are accepted by us subject to clearance; all note and discount charges will be borne by the purchaser.
• All claims arising from deliveries made to a customer become due for immediate payment if legal action has to be taken to enforce even one claim owing to arrears in payment.
• Non-compliance with the agreed payment dates entitles us to postpone fulfilment of our own obligations until the outstanding payments have been made or other services due have been performed, to claim a reasonable extension to the delivery period, to demand the full balance of the purchase price which remains unpaid and, if a reasonable extension period is not adhered to, to withdraw from the contract.

Until all the purchaser’s financial obligations have been fulfilled we reserve title to the articles purchased. The reservation of title is extended – if the articles are processed or resold to third parties our right of ownership will remain intact. If the articles are distrained or other claims are made upon them, the purchaser is obliged to refer to our right of ownership and notify us immediately. The purchaser is liable for all losses caused by failure to fulfil this obligation.

The place of performance for delivery and payment is Graz. It is agreed that the court in Graz which has the relevant substantive jurisdiction shall have geographical jurisdiction to resolve all disputes arising directly or indirectly out of the contract itself or the contractual relationship. We remain entitled, however, to bring actions against the purchaser in the latter’s place of domicile if we so choose.

General Terms and Conditions of Purchase – EN