legal notice
GENERAL TERMS OF SALES AND DELIVERY, STATUS 1/08

1.) General
All incoming orders are accepted only on basis of terms stated thereinafter and any opposite definitions stipulated in the client’s order form are invalidated. We are under no obligation to adhere to differently expressed conditions by client even when we do not explicitly contradict them.

2.) Prices
All prices are understood ex works Vienna, unless other conditions have been agreed separately. We are entitled to effect an adequate price increase provided changes in prices for raw and auxiliary material, of wages and salaries, freight charges or rates and taxes, etc. occur after the signing of contract. In particular, we also reserve the right to alter prices in case the order to be executed according to order acknowledgement differs from offer.

3.) Extra charge for small orders
If nett order value amounts to less than EUR 50,00 we are invoicing an extra charge of EUR 10,00.

4.) Terms of delivery and call-offs
We endeavour to keep delivery terms. In case of delays in delivery caused by operational reasons we shall as far as possible advise the receiver in due time. However, purchaser has no admissible legal claims even when delays in delivery occur. In particular, compensation claims due to failure of delivery or part thereof or else delayed execution are excluded. Even if delivery terms have been agreed we are not liable for delivery as long as purchaser is in default of any obligations basing on all mutual business transactions so far.

5.) Packing
Our prices include a commercial packing, as far as required, suitable and needed for transportation by rail, carrier or post. Special kinds of packing requested by the purchaser are individually charged depending on expenditure.

6.) Despatch and passing of risks
Unless something different in writing is agreed, consignments are despatched ex works Vienna by carrier chosen by us. In this case, upon authorized delivery of goods to carrier, all risks are at buyer’s costs.

7.) Retention of title
(a) Until final settlement of payment of purchasing price including additional charges for goods delivered we reserve the right of property. Purchaser is obliged to separate storage of goods under „retention of title“. Purchaser is to hold goods for us as a depository with commercial care.
(b) Purchaser is to immediately inform us in writing with the necessary data for our intervention about seizure on reservation goods through a third party. Costs of intervention to be paid by purchaser.

8.) Payment
(a) Purchaser is not entitled to withhold or set off payment even due to complaints.
(b) Invoices are payable nett upon receipt of invoice without deductions unless different payment terms are agreed in writing.
(c) Drafts are only accepted if agreed previously and only as a payment under the condition of their discountability. As for Letters of Credit, cheques or other money-orders purchaser is liable to carry costs for opening resp. confirmation of discountability and collection, unless agreed otherwise.
(d) Even against rules of purchaser, we are entitled to dispose of his payment for any other of his debit items.
(e) If payment conditions are not being kept, it is agreed that all our accounts receivable become due for payment in cash at once, without consideration of drafts having been accepted.. In principle, purchaser is in default even without a dunning note. He is liable to guarantee appropriate securities for all our demands.
(f) If payment terms are exceeded, interest on arrears in percentage of conventional bank interest or - by our decision - 3 % above discount rate of the Austrian National Bank will be charged. Further demands from our side are not excluded though.
(g) The defaulting client is liable to refund all costs accummulated for reminders, collections induced, investigations and information, especially also reminder fees and collection charges.

9.) Complaints on delivery of goods
The receiver has to check consignments for completeness immediately upon receipt.
Information about incomplete or faulty goods as well as goods which do not correspond to shipping papers has to be forwarded in writing by receiver to sender within one week. For justified complaints we guarantee a free-of-charge replacement resp. a subsequent delivery on return of faulty materials. Beyond that, further claims of client are excluded.
For damages or destruction of goods during transport claims towards us are permitted, if despatch has been effected DDU place of destination.

10.) Returns and exchange of goods
Ordered goods will be taken back only exceptionally and upon our prior agreement on the assumption that only undamaged, unsoiled and unused goods are involved. Return delivery has be be effected to our warehouse free-of-charge for us. Manipulation charges for returned goods have to be paid by client.

11.) Place of performance and legal venue
Place of performance for all arising liabilities from this contract is our place of business in Vienna.
Any disputes arising hereunder will be settled exclusively before the competent court of law in Vienna and thus only the Austrian Laws resp. EC Laws are applicable.

12.) Other
(1) Purchasing conditions of client are accepted by us only under provision that an explicit written agreement exists. Silence on our part vis-a-vis buying conditions of client is not in any case to be considered as acknowledgement or agreement.

(2) Orders placed personally or by phone are only accepted at the risk of purchaser. In any case they are to be confirmed briefly in writing.


ÖQS Systemzertifiziert
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