Terms and Conditions
Terms and Conditions – valid from the 15.11.2021
The prices shown are net prices and do not include the statutory value added tax from the warehouse in Stainz, Austria. Our offer is subject to change. We reserve the right to change prices.
From the warehouse in Stainz, Austria at the expense and risk of the recipient. Mode of dispatch is at the discretion of the recipient. Transport- and packaging damage must be reported immediately to the railway, postal services or the carrier, other complaints can only be accepted within two days from the date of receipt.
Duty to examine and give notice of defects
1. The buyer is obligated to inspect the delivered goods for obvious defects, that would be clearly apparent to an average customer. Obvious defects also include the absence of manuals and significant, easily visible damage to the goods. Furthermore, cases in which other goods or goods in insufficient quantity have been delivered. The supplier must be notified of such obvious defects, in writing, within two days of delivery.
2. The supplier must be notified of defects which become apparent later within a week of detection by the user.
3. In the event of a breach of the obligation to examine the goods and give notice of defects, the goods shall be considered to have been approved in view of the defect in question.
Deliveries shall be made within 30 days. If delivery is not possible within this period, a separate notification shall be sent with the request for corresponding confirmation; the above provisions shall not apply to orders for the delivery of trade fair and product novelties. Each partial delivery will be regarded as an independent transaction. If delivery becomes impossible in whole or in part due to circumstances for which the seller is not responsible, the seller shall be entitled to cancel delivery obligations in whole or in part.
Conditions of payment
Payment in advance. If different terms of payment are agreed on, these require our written confirmation. In the case of default of payment, the seller is entitled to charge an interest on arrears at 9 % p.a. over the base rate of the European Central Bank. This will be set higher or lower, if the seller proves a higher interest rate or the buyer proves a lower interest rate.
Retention of title
The seller retains title of all goods delivered by him until payment of all his claims arising from the business relationship. This shall also apply if the purchase price for certain delivered goods designated by the buyer has been paid.
In the case of a current account, the retained title shall be deemed security for the seller’s balance claim. The handling or processing of the goods delivered by the seller, which are still his property, shall be carried out on behalf of the seller, without any liabilities arising for the seller as a result. If the goods delivered by the seller are mixed or combined with other products, the buyer hereby assigns to the seller his ownership or co-ownership rights in the mixed stock or in the new product.
The buyer is obliged to notify the seller immediately of any seizure by third parties of the goods delivered under retention of title by sending a seizure report and an affidavit on the identity of the seized item with the delivered goods. The buyer shall be liable for any costs and damages arising from such seizures. The buyer may only sell the delivered goods and the items resulting from the processing or treatment in the ordinary course of business. If the buyer resells the seller’s goods in the course of his business while the seller’s title is still reserved, he may not transfer title to the goods to the third-party buyer before all his obligations to the buyer have been paid. Until then, the seller’s previous ownership or co-ownership remains reserved against the third-party buyer. The buyer shall be obliged to safeguard the seller’s rights against the third-party buyer in every necessary way.
If the buyer sells the delivered goods to a third party in the ordinary course of business by concluding an instalment contract, in which the seller assumes joint liability towards the finance company, the seller shall be entitled to claim against the buyer in the event of a chargeback from the loan claim assigned to him, even if the preconditions for chargebacks according to the terms and conditions of the finance company are not met. In the event of a chargeback, the seller shall be entitled to withdraw from the purchase agreement concluded with the buyer. The seller shall have the same right even before the chargeback if the circumstances of the third-party buyer (borrower) change significantly.
Retention of title (sequel)
Until full settlement of all claims of the seller arising from the delivery of goods, the buyer hereby assigns to the seller in advance, as a security, the claims to which he is entitled from the sale or on any other legal grounds with regard to the goods delivered by the seller against his customer with their accrual in the full amount with urgent effect and with all ancillary rights.
Consequently, until all claims to which the seller is entitled against the buyer have been satisfied, the assignment of claims, in particular to financing institutions, shall not be permitted without the written consent of the seller. If the buyer defaults on any part of his obligation to the seller, he shall inform the third-party debtors of the assignment, request them to make payment only to the seller, refrain from any act of collection and hand over to the seller a list of the resold goods for which a reservation still exists or of the claim arising.
If the value of the securities given to the Seller exceeds the Seller’s delivery requirements by more than 20% in total, the Seller shall be obliged to re-transfer such securities at the Buyer’s request. The seller acquires ownership of the proceeds, which are to be kept separately. Moreover, the seller may at any time demand that the buyer disclose the customer as well as the amount and the legal basis of the claims to which the assignment agreed under para. 6 relates. The seller may furthermore demand that the buyer discloses the assignment of the claim to his customers; for this purpose, the buyer shall allow the seller to inspect his books and invoices. The seller shall be entitled to collect the assigned claims; he shall be entitled to notify the debtor of the buyer. However, the buyer is authorized to collect these claims on behalf of the seller as long as he duly fulfils his payment obligations towards the seller.
The seller shall be entitled to demand immediate surrender of the goods not yet resold in the event of default or difficulty in payment. Until the goods are handed over, the buyer shall store the goods owned by the seller separately from other goods, mark them as the seller’s property, refrain from any disposal of them and hand over a list of his property to the seller.
The buyer is obliged to insure the goods against fire and the risk of theft and to provide the seller with evidence of the conclusion of the insurance policy upon request. All claims against the insurer under this contract in respect of the goods delivered under retention of title are hereby deemed assigned to the seller.
Liability for slightly negligent violations of duty is excluded insofar as these do not relate to essential contractual duties, damage from injury to life, limb or health and guarantees or claims under the Product Liability Act. The same applies to violations of duty by auxiliary agents. Furthermore, claims for damages according to §§ 280, 281 BGB are also excluded.
In the case of delivery to foreign customers, liability shall be limited to foreseeable damage.
The liability for material defects shall expire if operating or maintenance instructions of the seller are not followed, changes are made to the delivered goods, parts are replaced or consumables are used that do not comply with the original specifications.
Claims arising from liability for material defects expire twelve months after delivery to the customer.
Shipping of spare parts and repairs
Spare parts and repairs are always only dispatched on a cash on delivery basis. In the case of warranty claims, you will immediately receive the corresponding credit note when the defective part has been received by us. Advance warranty compensation cannot be granted within the scope of this provision.
Applicable law and place of jurisdiction
Austrian law applies. The place of fulfilment and jurisdiction for both contracting parties is Graz, Austria.
The terms and conditions of payment and delivery described above come into force upon publication and – even if no reference is made to them in individual cases – shall apply to all deliveries unless terms and conditions deviating from them have been agreed on in writing. Any terms and conditions of the buyer to the contrary, at the time of placing the order, shall be rendered ineffective by these terms and conditions unless they are expressly recognized by the supplier. Earlier terms and conditions of delivery and payment lose their validity. Unless otherwise specified, the statutory provisions shall apply in addition to these terms and conditions of delivery. The contract remains binding, even if individual points of its terms and conditions are legally invalid.