Delivering terms of the ordering party that conflict with these regulations are non-binding for the supplier, even if they are stated as basis for the order and the supplier has not explicitly objected to their content. The supplier only concludes contracts based on the conditions on hand, or accepts differing conditions only if specified expressly in writing respectively.
Place of Fulfilment
Place of fulfilment for all contractual services and for both contract parties is Telfs/Tyrol.
Offers are always non-binding. Should a price have been fixed and the cost for wages and material rise in the period between order confirmation and delivery date, we have the right to adjust the prices correspondingly. Buyers have the right to inspect respective documentation. The agreed prices are for domestic delivery, carriage paid to the receiving site. For deliveries abroad carriage is paid to the Austrian border, duty unpaid. Should the buyer request delivery that diverges from the usual way of delivery (e.g. express delivery, air fright etc.), then the buyer is charged with the additional cost of freight. Packing is charged separately, if conducted in boxes or if the buyer requests special packing. If the boxes are returned within two months, carriage paid and in a usable state, buyers are credited with the amount charged. If rented containers are used, the buyer bears the freight costs while we bear the cost of renting the containers.
Unless agreed otherwise, the goods are sent uncovered.
Transfer of Perils
Associated risk shall pass to the buyer at the latest upon dispatch from the works.
Time of Delivery
Information on delivery time is given to the best of our knowledge; however, even if specified in writing, they are only approximate and non-binding. The specified delivery periods start with the day of ordering, unless stated otherwise by the buyer. We are entitled to make partial or advance deliveries. Force majeure, industrial action, official orders or other interferences that can not be foreseen by and are outside of the area of influence of the deliverer, prolong the agreed delivery time by the time of their duration. The circumstances mentioned also entitle us to withdraw from the contract. In case of a delivery delay we can be held responsible for, the ordering party can insist on fulfilment of the contract or withdraw from the contract after the expiry of a reasonable period of grace. No claims for damages can be made for these parts. Default of acceptance entitles us to withdraw from the contract.
Notices of defects must be made in writing, immediately after receiving the goods; otherwise no claims for these defaults can be made. Once processing of the goods has started, especially the cutting of the delivered goods, any warranty claims are excluded. Minor, technically unavoidable divergences of quality, colour, width, weight, finishers or design are not covered by the warranty. This also applies to deliveries made from samples. For proven defaults that have been made appropriately and in time, we warrant with a method of our choice – remedy defects, price reduction or change of contract. Claims for damages due to minor carelessness and also for goods that have been delivered to us with defects or delay are excluded. We accept no liability for loss of earnings.
Bills must be paid as follows:
► 3% discounts for payments within 10 days after the issue of the invoice.
► 2% discount for payments from day 11 to 30 after the issue of the invoice.
► Net for payments between day 31 and 60 after issue of the invoice.
For deliveries abroad these periods start from the day of customs clearance. Payments are always counted towards the oldest debt due plus default charges. For payments via bank or postal cheque transfer the day on which the amount is credited to our account is counted as payment day. In case of late payment buyers are charged with default charges in the amount of 12% above the discount rate of the Austrian National Bank. Should a buyer not have yet paid due invoices of previous deliveries we are not obliged to make further deliveries of a current contract. Should a buyer not have paid a due invoice or should there be a major deterioration of their financial circumstances, we have the right to demand advance payment and suspend the payment target for owing deliveries of the current contract. In case of late payment of the buyer we have the right – notwithstanding legal default regulations – to withdraw from the contract without setting a period of grace.
In case of default payment we have the right to charge reminder fees. If demands that have already been the object of a reminder, are transferred to a debt collection agency or a lawyer the defaulter has to replace all cost incurred.Drafts are only accepted by prior agreement. Drafts and cheques are only accepted for payment. Discount interest, collection charges and draft fees are at the expense of the buyer. Payment of invoices by compensation with counter-claims is excluded. Prior written agreement by us is required for an assignment of a claim against us.
Reservation of Proprietary Rights
We are the owners of the delivered goods until the equivalent value including all extra charges incl. default interest and costs have been paid. Buyers have to take all measures for protecting the reservation of proprietary rights. In particular they have no right to sell or pawn the goods or to assign them to third parties for security. In case of execution or other use by third parties, the buyer is obliged to refer to our reservation of proprietary rights and to contact us immediately. Should the buyer process the delivered goods, the reservation of proprietary rights extends to the processed goods, in the manner that we have the general reservation of title of the processed goods. Should goods be sold before payment of the purchasing price incl. all extra fees, not the reservation title but the payment claim of the selling-on to the third party is considered as assigned to us, even if the goods have been processed. Should our demands not be satisfied or the purchase be paid, our ownership of the reservation title is replaced by the proceeds. The buyer is obliged to inform the third party as soon as possible, latest by the drawing of the contract with the third party, of the effected cession and to inform us on the sale. They are also obliged to keep possible proceeds safe and to hand it on when due to the conditional buyer.
Place of Jurisdiction
For any disputes arising from this contractual relationship exclusively the responsible court in Telfs is agreed upon.
Primarily the delivery and payments terms at hand are applicable to the present contract, followed by the United Nations Convention on Contracts for the International Sale of Goods and subordinated exclusively Austrian Law.