Terms & Conditions
[1.1] These general terms of delivery are applied, unless the contracting parties have explicit and written agreed otherwise.
[1.2] The following terms about delivery of goods are also analogously valid for other perfomances.
[1.3] For assembly work additionally the assembly terms of the trade association for mechanical engineering and steel construction industries Austria in their current version are valid.
- conclusion of contract
[2.1] The contract is deemed to be concluded, when either the vendor has despached a conformation of the order within 10 days and the costumer has not verifiable contradicted within futher 10 days or when the goods are delivered to the costumer immediately after receipt of the order. For the last case the invoice is deemed as conformation of the order at the same time.
[2.2] Amendments and additions to the contract require written conformation of the vendor in order to be valid. Purchase conditions of the costumer are only binding for the vendor, if these are accepted by the vendor separately.
[2.3] If import or export licences, foreign exchange authorisations or similar authorisations for executing the contract are required, the party responsible for procurement has to make all reasonable efforts, to get the required licences or authorisations in time.
- plans and documents
[3.1] In catalogues, brochures, circular letters, advertisements, illustrations and price lists etc. contained informations suchlike weight, dimensions, capacity, price, performance etc. are only relevant, if in the offer and/or the confirmation of the order is explicit refered to them.
[3.2] Plans, drawings, cost estimates or other technical documents, which also can be part of the offer, as well as samples, catalogues, brochures, pictures etc.always remain intellectual property of the vendor. Every usage, duplication, reproduction, distribution and transfer to third parties, publication and demonstration may only be effected with the express agreement of the owner.
[4.1] The stated prices are quoted including the costumary packaging, unless agreed otherwise.
[4.2] Disposal of the packaging material is amended according to the valid acts and ordinances.
- transfer of risk
[5.1] If not agreed otherwise, the goods are deemed to be sold „ex-works“ (ready for collection)
[5.2] In addition the INCOTERMS in the version valid on the date of conclusion the contract are valid.
[5.3] For goods deliverd unloaded free site at expense of the vendor, the transfer of risks from the vendor to the costumer takes place exactly at this time.
- delivery period
[6.1] in absence of any other agreement the delivery periods starts at the latest of the below named point in time.
(a) date of the confirmation of the order
(b) date of fulfilment of all technical, commercial and financial preconditions incumbent upon the costumer
(c) date on which the vendor receives an advanced payment that is due prior the delivery of the goods and/or a payment guarantee has been issued or otherwise provided
[6.2] The vendor is entitled to make partial or advance deliveries.
[6.3] If a delivery delay on side of the vendor through circumstances, that provide a reason for relief according to Article 14, an appropriate extension of the delivery period is granted.
[6.4] Has the vendor faulted a delivery delay, the costumer can either demand performance or after granting a reasonable period, rescind the contract.
[6.5.] If the provided respite is not used through the fault of the vendor, the costumer can withdraw of the contract by a written notification.
[6.6] In the event that the costumer does not accept the contractually supplied goods at the contractually agreed location or time and the delay is not caused by act or omission of the vendor, the vendor can either demand performance or insist on the payment of an appropriate redemption or cancellation fee. It is expressly agreed that such fee is acceptable up to 50% of the goods value.
7.commissioning and acceptance test by the vendor
[7.1] Comissioning by the vendor of a device delivered by the vendor or comissioning by a company authorized by the vendor, in no way changes the scope of guarantee obligation of the vendor to the costumer. The warranty oblication oft he vendor to the costumer stays the same as in case of good delivery only.
[7.2] In case the costumer requires an acceptance test, this has to be explicitally agreed in written form on conclusion of the contract. As far as no divergent agreements are made, the acceptance test is executed at the place of manufacture resp. at a place named by the vendor during the normal working hours of the vendor. Thereby for the acceptance test the common practice of the industry concerned is relevant.
The vendor has to inform the costumer about the acception test in time, so that he can be present during the test resp. can be substituted by an authorized representative.
If during the acceptance inspection the delivery item turns out to be contrary to the agreement, the vendor will rectify any defects and restore the delivery item to a state in accordance with the contract. The costumer can demand a repetition of the test only in case of significant defects.
Following the acceptance test an acception report is written. If the acceptance test has demonstrated that the delivery item has been manufactured according to contract and operates properly, the two contracting parties shall confirm this at any rate
If despite being advised in time of the acceptance test by the vendor,neither the costumer nor his authorized representative are present, the acceptance report is to be signed by the vendor only. The vendor will in any event provide the costumer a copy of the acceptance report, whose correctness the costumer may no longer contest if neither he nor his authorized representative were able to sign because of absence.
If not otherwise agreed the vendor bears the costs for the carried out acceptance test. In any case the costumer bears the accruing costs in conjunction with the acceptance test, like e.g. travel costs or general costs of living and expence allowance for himself or his authorized representative.
[8.1] If not agreed otherwise the prices are valied, ex works of the vendor without loading.
[8.2] The prices base on the costs at the time of price quotation, as far as nothing else is agreed. In the event that the costs change until the date of delivery, these changes are to the benefit or at the expense of the costumer respectively.
[9.1] The costumer shall perform payments in accordance with the agreed payment terms.
[9.2] The costumer is not entitled, to withhold payment on account of warranty claims or other counterclaims not recognised by the vendor.
[9.3] In event of not satisfying informations about the solvency of the costumer, or if the costumer defaults in the fulfilment of other debts owed to the vendor, the vendor is authorized to make the continuation of ongoing, long-term delivery dependent upon a pre-payment or a provision of security or maintaining our legal claims withdraw from the contract.
[9.4] If no reason for relief, in the sence of Art. 14, on the part of the costumer exists and the costumer defaults in payments vis-a-vis the vendor, the vendor is qualified to allocate default rates of 5% above the base interest rate of the European Central Bank. Originated dunning and collection costs are compensated by the costumer.
10.retention of title
[10.1] The object of the delivery remains the property of the vendtor until full payment, including services rendered. The retention of title does not affect the „transfer of risk“ agreement.
[10.2] In the event that the goods are sold by the costumer, already now the costumer commits to transfer all resulting claims by ensuring the retention of title to the vendor and let the contracting partner know this unmistakeably.
[11.1] The vendor is obligated to eliminate every defect, that is based on a construction error, the material or the execution and affects usability. Equally the vendor is responsible for any defects concerning expressly requested properties.
[11.2] This resonsibility last only for such errors, that occur within two years after delivery.
[11.3] Under exclusion of other legal claim the costumer shall assert a claim promptly within three workingdays (after detection of the defect) in written form.
[11.4] The vendor must have the possibility to verify the announced defect and to recognise as such. The vendor desides, to remedy the defect by himself or by authorised third partys. Further he desides
(a) to repair the defective goods on site
(b) to have the defective goods or the defective parts shipped back for reworking
(c) to replace defective parts or
(d) to replace defective goods.
[11.5] With the amendment resp. replacement the warranty period starts again, but just for the repaired or replaced parts.
[11.6] For the costs arised by elimination of defects by the costumer himself, the vendor only has to bear, if he has given his written agreement previously.
[11.7] Warranty obligation is just valid for defects occuring by observing destined operating conditions and normal operation. Particularly it is not valid for defects, based on: incorrect assembly by the costumer or his representative, incorrect maintenance, incorrect or without written agreement of the vendor performed repair works or changes made by another person than the vendor or his representative, natural wear.
[12.1] The vendor does not pay compensation for personal injury, demages to goods, that are not constructual goods, or other demages, unless not gross negligence of the vendor can be proven.
[12.2] The good of purchase provides only the level of safety, that may be expected on basis of the registration provisions, the instructions for operation and assembly and operation manuals, vendor’s rules on the handling of the purchased object, especially with regard to any necessary inspections, and other given instructions.
[12.3] All claims for demage have to be juridical enforced within six month after the expiry of the contractually established warranty period, otherwise the claims will expire.
The liability of the vendor towards the costumer for any kind of economic demage is excluded.
- reasons for relief
[14.1] The parties of the contact are fully or partly released of the fulfilment of the contact on time, if they are inhibited by events of force majeure.
[14.2] A costumer inhibited by events of force majeure only can appoint to existance of force majeure, if he intermitts immediatly but at least within 5 calendar days, the vendor a registered letter outlining the start and the antipicipated end of the hindrance, which is confírmed by the respective government authorities resp. the chamber of commerce of the delivery country including the reason, the anticipated effects and the duration of the delay.
- data protection
For business transactions the vendor is entitled to store and edit costumer data corresponding to the Federal Data Protection Act.
[16.1] Place of performance for all disputes arising from the contract is the local for the vendor´s head office competent Austrian court.
[16.2] The parties of the contract may agree that an arbitral tribunal has jurisdiction.
[16.3] The contact is subject to Austrian law under exclusion of the UN Convention on Contracts fort he International Sale of Goods.