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Allgemeine Geschäftsbedingungen
- Generalities
For all of our privities of contact, the following conditions exclusively apply. We don´t register any client’s conditions deviating herof or of the provisions of law. We only engage ourselves, when and as far as we specifically approve you in writing. Also an unconditional delivery in knowledge deviating regulation of the buyer can not be interpreted for a consent
- Quotations
Our offers are non-binding. However, all orders placed with us are binding for the buyer. They don´t require any explicit approval and are considered as accepted, when they are not declined by us within 14 days after receipt of order.
By every specification, colours, qualities, pictures, descriptions a.s.o. in offer documents, samples folder, price lists, leaflets a.s.o., you have to consider that commercial deviations hereof are possible at all times, which don´t however represent defect in the goods.
- Prices
Our prices are calculated ex warehouse Graz. The VAT in legal value valid on the delivery day is added to this. Besides we charge for every delivery, dispatch or freight cost. Separate costs for packaging generally don´t incurred, except it is expressly agreed.
After contract formation, we do reserve the right to moderately lift prices when our original costs veritably rise because of price increase of material or every other costs which are not dependent on us.
- Delivery
Except when otherwise stipulated in writing, the delivery ex warehouse Graz shall be deemed to be agree. The adherence to our delivery obligations required the due satisfaction of the clients.
The binding delivery date must be confirmed in writing.
In case of circumstances beyond our control, breakdown, industrial actions, delay in material deliveries from the supplier or any other circumstances not depending on us, the delivery date adequately extends. The buyer can only withdraw from the contract or claims for compensation for non-fulfillment when we default and don´t keep the period of grace of 6 weeks fixed in writing. This is not valid when a part of the order is not deliverable. However, in case of slight fault, compensation claim are excluded. Apart from that, our liability is limited to predictable damages, depending on the cause, as well as to 50% of the net value of goods, depending of the value.
By handing over the goods to the carrier, the post office or other transport companies, the risk of loss at random, as well as the incidental damage of the goods pass over to the buyer. This is also valid when we dispatch the goods with our own means of transport.
The buyer is commited to also accept partial deliveries, particularly when a part of the goods is noch deliverable any more. Should the buyer reject goods, we can claim further costs because of non fulfilment, including the refund of additional expenditures and due to default of acceptance, when the buyer doesn´t collect the goods after setting of a deadline.
- Guarantee
The buyer is committed to immediately check the goods after receipt and to contest obvious damages or wrong deliveries directly and if possible by receipt of the goods. However, we should be informed over such damages within a deadline of 7 days. Other damages shoud be contested immediately after being apparent.
Each notices of damage should be made in writing. They required writing endorsement anyway, if they are made verbally at first.
The buyer has to give us the possibility to check on the deficiency by leaving the goods untouched within a reasonable period of time.
The goods are rated as approved when the buyer doesn´t give timely or properly notice of defect.
If damages are at hand, the possibility should be given for us to make an amendment or replacement within an appropriate period before the buyer could withdraw from the contract or demand for a reduction of the price.
No matter what the legal basis is, claim for damages for the buyer are only given, when they rest upon intention or gross negligence. Apart from that, the punitive damages are limited to foreseeable damages.
The limitation of liability doesn´t apply, as long as coercive regulations of the product liability law intervene.
Legal disclaimer or limitation of liability also include a possible personal liability of our employees, representatives and vicarious agents.
- Payment
The invoices should be paid directly after receipt of the delivery, or according to an agreement in writing. From then on, the delay´s result occurs without further ado.
Furthermore, claims for a mistake in the content or for damages could only be made within 7 days from invoice date.
Every payment must be made using bank transfer to the specified bank and account number, or by account-only check to our order – except it is agreed differently.
All claims on our part shall become due for payment immediately in the event that the customer ceases payment, is heavily indebted, if insolvency proceedings have been instituted against its assets or the instituting of such proceedings has been refused owing to lack of assets. In the event of a default in payment on the part of the customer, we shall be entitled to make further deliveries or services subject to the making of advance payments.
In the event of default in payment, wes hall be entitled to charge Interest at a rate no lower than 12 % , whereby the assertion of a further damage caused by delay stayed reserved.
As far as we checks or drafts accepts, this occurs for processing. The charges for a draft shall be paid by the customer.
Discounts and any other reductions in the invoice must be agreed separately.
The buyer can only add a counterclaim, as far as its demands are recognised and legally ascertained by us.
The raising of a right of retention made by the buyer is only possible, when its demands are recognised and legally ascertained by us.
Besides any claim toward us may only be ceded to a third part with our written agreement.
- Reservation of proprietary rights
We shall retain title to the goods delivered until all claims to which we are entitled on the basis of the business relationship have been paid in full. The reserved assets is the security for our debit claim for an open account.
The customer shall inform us immediately about every access of a third part on goods subject to retention of title or on our assigned account. The customer shall also provide us with the necessary informations for an interventions.
The buyer is beholden to take care of the goods subject to retention of title to the transfer of ownership and hold them free of charge in safe custody with the due diligence of a prudent businessman
- Recourse
As far as we shall be liable or drawable for wrong informations or turnovertax delicts of customer, the customer is liable to recourse for all damages against us resulting from this.
- Right of choice, place of performance and place of jurisdiction
On each legal transactions, solely the Austrian rights will be applicable. The place of performance and jurisdiction for all legal disputes arising form the contractual relationship as well as its coming into being and its effectiveness, but also for bills of exchange and cheque processes shall be Graz.
- Change, partial invalidity
Each change in this regulations must be in writing in order to be effective.
In case some parts of this article shouldn´t be effectless or should be modified, thereby the effectiveness of the other articles shouldn´t be affected. An effectless article should be replace as interpreted by an allowable regulation, which either most closely correspond to the effectless article, or comes nearest to the pursued economic purpose. In case this is not possible, the legal regulations are to be additionally applied.
