Terms and Conditions of Business

1. General

The General Terms and Conditions of Business stated here below shall be valid for all our deliveries
and services, insofar as no other terms and conditions have been agreed in writing. Divergences from the terms and conditions stated here shall have to be in written form to be legally valid. Any digression from this agreement shall also require written form. Only the managers and
authorised signatories of our company entered in the Register of Companies shall be authorised to sign for us.
 
2. Scope and obligation to deliver
The customer´s order shall be decisive for the scope of the obligation to deliver. In the event of our acknowledgement of order deviating from the customer´s order, our acknowledgement of order shall be regarded as agreed if the customer does not object in writing to our acknowledgement
of order within three days of receipt. Amendments to the order by the customer shall only be effective if they are confirmed by us in writing. All our offers shall be without obligation and subject ti change. Particulars in the specifications, weight and quality, operating costs, etc. are approximate particulars.
 
3. Prices
All the agreed prices shall be regarded as net prices from our works. All the prices shall apply without packaging, dispatch and insurance.
If we are commissioned with packaging, dispatch and insurance, these costs shall be invoiced to the customer.
In the event of the dispatch of the goods to third countries, all customs duties, taxes and other public levies shall be to the charge of the customer.
 
4. Delivery period
The confirmed delivery period shall be without obligation, unless a final date is agreed. Claims for compensation for exceeding the delivery period shall be excluded. We shall reserve the right to withdraw from the contract in the event that circumstances in the customer´s financial
circumstances become known to us after acknowledgement of the order and the customer does not provide security for our account receivable.
 
5. Delivery
The performance and the passing of the risk shall always take place with the departure from our delivery works. The examination of the goods
shall thus have to take place in our works.
In the event of a delay in the acceptance by the customer, the risk shall pass to the customer already with the declaration by us of readiness for delivery. Insofar as part performances are not expressly excluded in writing, they shall be permissible at any time. The mode of dispatch shall be decided by us, provided nothing to the contrary has been agreed in writing.
Breakdowns, cases of force majeure, regardless of whether they occur on our premises oro n those of our suppliers, shall release us from the
obligation to deliver or from compliance with the agreed delivery periods. We shall be entitled to deliver subsequently after remedying the fault.
All deliveries shall be made unpaid from the supplier's registered office for the account and risk, and also cost, of the customer. Insurance shall
only be taken out on the express order in writing of the customer and at his expense.
 
6. Warranty/Guarantee/ Compensation for damage
The warranty period, contrary to the provision of § 933 (1) of the Austrian Civil Code [AGBG], shall be at all event merely 6 months. The customer shall have the immediate obligation to examine and give notice of any defects. Complaints of defects shall have to be made in written form to be legally valid. A complaint of defects shall be in good time, if it is raised with us in writing within 8 days after the delivery or the occurrence of the defect. The customer shall not be entitled to complain about the whole delivery if only parts of the delivery show defects. We shall be entitled to supply the parts complained of subsequently, or to exchange them. Our warranty shall be limited to adding what is lacking and improvement. Warranty claims going beyond this shall be excluded. In the event that warrant claims were asserted with full justification, the customer shall have to send the goods complained of to us at his own expense and own risk. After remedying the defect, the goods shall be sent back to the customer at the customer's expense and risk. We do not give any kind of guarantee over and beyond the statutory warranty.
In the event that the producer does give a guarantee, we shall assign the guarantee rights to which we are entitled against the producer to the customer.
The warranty shall lapse if the object sold shall be altered by a third party or through  the incorporation of parts of third-party origin. Any warranty shall be excluded for repair works and used objects sold.
 
The warranty shall lapse in the case of a resale within the warranty period.
 
The customer shall not be entitled to assing rights resulting from the title of the warranty. Claims for compensation resulting from whatever title, in particular also claims arising from consequential harm caused by a defect shall be excluded. Wilful intent and gross negligence shall be expressly excluded.

 

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