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General terms and conditions
1. Scope of application
These general terms of delivery payment shall apply unless otherwise expressly
agreed in writing.
2. Offers
All offers are non-binding, subject to change and subject to misprints and
errors. Subject to prior sale. Descriptions of the delivery item and technical
details are non-binding.
3. Acceptance of orders
A contract is regarded as concluded if the seller has sent a confirmation
of order or a delivery after receipt of an order. The purchasing and delivery
terms of the ordering party are only binding on the supplier if they are
expressly recognised in writing. If there is reasonable doubt regarding
the ordering party's solvency or creditworthiness, the supplier is entitled
to request prepayments, cash payment, cash on delivery or any other form
of security before delivery.
4. Minimum order volume
For orders with a net invoice value of less than EUR 100.00, the supplier
reserves the right to add a handling charge of EUR 20.00.
5. Prices
Prices are charged ex works or ex warehouse of the supplier, packaging excluded.
Prices are based on costs at the time of the offer. If these costs increase
before delivery, the seller is entitled to adjust the prices accordingly.
In the event of an order that diverges from the complete range of products,
the seller reserves the right to change the price accordingly.
Our prices in force on delivery dates apply to orders for which no prices
are agreed.
6. Packaging
The type of packaging is up to the supplier. Packaging is non-returnable.
7. Delivery and dispatch
Our goods are dispatched at the cost of the buyer. Unless otherwise agreed,
the dispatch route, mode of transportation and means of transportation
are at our discretion to the exclusion of our liability.
The seller is entitled to carry out and invoice partial deliveries. If delivery
at call (annual framework) is agreed, the goods are deemed to be called one
year after they were ordered at the latest. The transportation risk ex works
or ex warehouse and insurance are at the cost of the ordering party. If delivery
was made as ordered, we reserve the right to charge an appropriate handling
fee in the event of return. Unless other provisions are made in these general
terms and conditions, the INCOTERMS apply. Other agreements must be stipulated
in writing in the order or in the confirmation of order.
8. Deadlines
Delivery deadlines shall be set by us in good faith and must always be regard
as approximate. Possible delays do not give entitlement to cancellation
of the order or claims for damages. Circumstances that prevent, impede
or delay manufacture or dispatch (e.g. force majeure, war, industrial action,
riots, shortage of power or raw materials, disruption of operations, failure
of our in-suppliers to deliver, etc.) exempt the supplier from adhering
to the delivery deadline.
9. Payment
Unless otherwise agreed, our invoices are payable within 14 days of the invoice
date with a 2% discount or within the next 30 days net in cash. Bills of
exchange shall only be accepted as payment by special arrangement. All
related expenses shall be paid by the buyer. The buyer is not entitled
to withhold payments due to warranty claims or any other counter-claims
not accepted by the seller. Granted discounts are conditional on receipt
of payment in full. The seller reserves the right to ownership of all goods
delivered by it until the invoice amounts plus interest and costs have
been paid in full. If the due date of any of our invoices is exceeded,
we shall charge default interest at the level of interest normally charged
by our banks plus commission and costs for recourse to open-account credit.
No interest shall be charged for advance and instalment payments. Non-adherence
to the terms of payment, default or circumstances likely to reduce creditworthiness
shall cause all our receivables to fall due. In the event of default by
the buyer, the latter undertakes to refund to the seller the dunning and
collection expenses and, if need be, the costs of a lawyer.
10. Warranty and liability
The warranty period is 12 months, unless otherwise agreed in writing, and
starts at the time of transfer of risk. In the event of a warranty claim,
the seller undertakes to arrange, at our plant and free of charge, the
rectification of faults that demonstrably arose within this time, with
competent handling and assembly in line with the data sheets, as a result
of incorrect execution or faulty material. Alternatively, the seller may
provide a replacement. Transport expenses, assembly, travel and accommodation
costs shall be borne by the ordering party. It is deemed to be expressly
agreed that the seller shall pay no compensation for injury, damage to
goods that are not or were not covered by the contract, loss of earnings
or other losses. The compensation obligation for property damage according
to the Product Liability Act and liability claims arising from other regulations
are excluded.
11. Data processing
We hereby point out that we store data of your company on our premises or
those of third party insofar as is commercially necessary and in line with
legislation.
12. Place of jurisdiction, place of performance and applicable law
The place of jurisdiction is Wr. Neustadt. The place of performance is Leobersdorf.
Unless other provisions are made in these terms and conditions, the latest
version of the general delivery terms of the Association of the Austrian
Electrical and Electronics Industries apply.
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