General Terms and Conditions of Sale and Delivery


1.) General remarks:
Our sales transactions take place exclusively on the basis of these GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY. We are only bound by differing agreements if we
have expressly acknowledged the latter and confirmed them in writing.

2.) Quotes:
Our quotes are non-binding and do not oblige us to make delivery. Subject to prior sale.

3.) Order acceptance:
We are only bound by order to the extent that we accept them or to the extent that we fulfil them by sending our goods. Verbal ancillary agreements are only valid if we confirm them in writing. Subsequent changes to or cancellations of orders submitted require our express consent. In the event of unforeseeable circumstances that are related directly or indirectly to war events, domestic unrest, force majeure, strikes, natural disasters, loss of or disruption to production, transportation restrictions and circumstances of a similar nature, we reserve the right to withdraw from the agreement.

4.) Delivery:
Delivery always takes place after receipt of the order, and we reserve the right to make partial deliveries. We shall provide the buyer with a non-binding anticipated delivery date for
goods in our range that are not in stock. The delivery date shall be provided to the best of our knowledge, but we are not bound by it. If the delivery date is exceeded therefore, we
cannot be held liable in any way for damages that have arisen or for lost profit.
Our delivery obligation is suspended for as long as our contractual partner is delayed with fulfilling an obligation. A delay is deemed to have occurred only after a reasonable grace
period has been set and not as soon as the delivery deadline is exceeded.

5.) Prices:
Unless otherwise agreed, our prices do not include packaging or sales tax, are ex warehouse Vienna and are based on the current market situation. If circumstances change,
we reserve the right to make price changes at any time without prior notification. In principle, deliveries are only made at the prices valid on the day of delivery. Any price change
automatically invalidates previous documents unless we express accept them.

6.) Invoicing:
Our invoices are issued in €. They are to be settled 30 days net from the date of the invoice. Deductions from the invoice amount or offsetting are not permitted. Cheques, bills of
exchange etc. are only accepted as payment on account and under reserve. Costs for discounting and collection shall be paid by the debtor. In the event of any delay in payment,
the debtor shall be charged 12% interest p.a. plus all costs that may arise. In the event of delayed payment, the buyer undertakes to reimburse the seller for any reminder or
collection fees. In addition, we are entitled to insist that all claims of the debtor fall due immediately. With invoice amounts under € 100.00 net, we reserve the right to make a
minimum charge for manipulation costs.

7.) Dispatch:
Goods are dispatched using the standard means of transportation; we choose the means of transportation using our best discretion, although we do not guarantee this will be the
cheapest or quickest method. We charge for the packaging actually used and the packaging is not returnable. Goods are dispatched EXW in accordance with Incoterms 2010 unless otherwise agreed.

8.) Retention of title:
The goods delivered remain our possession until paid for in full. If the goods are sold on or processed by the buyer, the buyer shall transfer to us the
proceeds from this sale or processing. The anticipated transfer of the sales proceeds becomes invalid as soon as the goods have been paid for in full.

9.) Warranty and compensation for damages:
All details provided regarding suitability, processing and use of our products, technical advice and other information is provided to the best of our knowledge, although this does
not exempt the buyer from carrying out its own checks and tests. When the goods are received, the buyer must immediately examine them to see whether they display any
shortcomings with respect to their quality and condition, otherwise it is assumed that the goods have been approved. Complaints shall be considered if they are submitted in writing
within 8 days of receipt of the goods, enclosing evidence to support the complain, and after they have been discovered in the event of concealed defects, although at the latest within 6 months of receipt of the goods.
We are liable for defects to the extent that our suppliers are liable to us. Compensation can also be provided in kind. We do not accept liability for damage to the goods themselves or for damage caused by the goods. We are only liable for damage caused intentionally or due to blatant gross negligence. Compensation claims beyond this or claims arising from the title of the compensation for damages are excluded.

10.) Severability clause
Should one of these provisions be legally invalid, this shall not affect the validity of the other provisions.

11.) Place of performance and court of jurisdiction:
The place of performance is Vienna. The parties agree that the court of jurisdiction shall be the court with objective and regional responsibility for the 1st district of Vienna. The
agreement is subject to Austrian law to the exclusion of the regulations of the UN Convention on the International Sale of Goods. However, this convention may be applied if
we agree to this by means of a unilateral declaration.

 

Last revised: 10/2018