General Terms and Conditions of Business (GTC)
These General Terms and Conditions of Delivery and Payment shall apply unless otherwise expressly agreed in writing.
Offers are non-binding, subject to change without notice and subject to printing errors and mistakes. Offers are also subject to prior sale. Descriptions of the products to be delivered and technical data are non-binding.
3. Order acceptance
The contract is deemed to have been concluded if, following receipt of the order, the seller either sends an order confirmation or ships the goods. The buyer’s terms and conditions of purchase and delivery shall only be binding on the supplier if they are expressly acknowledged in writing. If there are legitimate doubts as to the solvency or creditworthiness of the buyer, the supplier shall be entitled to demand cash in advance, cash payment, cash on delivery or other security before delivery.
4. Minimum order size
The supplier reserves the right to add a processing surcharge of €20.00 for orders with a net invoice value of less than €100.00.
The prices are calculated ex works or ex supplier warehouse excluding packaging. Prices are based on costs at the time of the offer. Should they increase by the time of delivery, the seller shall be entitled to adjust the prices accordingly. In the event of an order that varies from the overall quotation, the seller reserves the right to change the price accordingly.
Our prices valid on the day of delivery shall apply to orders for which no prices have been agreed.
The supplier is free to choose the type of packaging. Packaging may not be returned.
7. Delivery and shipment
Our goods are shipped on the buyer’s account. Unless otherwise agreed, the shipping route, mode of transport and means of transport shall be left to our discretion to the exclusion of our liability.
The seller is entitled to dispatch and invoice partial deliveries. If delivery on call (annual quantities) has been agreed, the goods shall be deemed to have been called at the latest one year after the order was placed. The risk of transport ex works or ex warehouse, as well as insurance, shall be borne by the buyer. If delivery is made in accordance with the order, we reserve the right to charge a reasonable processing fee for return shipments. INCOTERMS shall apply to the extent not provided otherwise in these General Terms and Conditions of Business. Other agreements must be set out in writing in the order or in the order confirmation.
8. Delivery times
The delivery periods shall be determined by us to the best of our knowledge and must always be regarded as approximations. Failure to comply with such delivery times shall not entitle the customer to withdraw from the contract or to assert claims for damages. Circumstances which prevent, complicate or delay production or dispatch (e.g. force majeure, wars, industrial action, riots, shortage of energy or raw materials, operational disruptions, lack of supplies from our suppliers, etc.) shall release the supplier from compliance with applicable delivery times.
Unless otherwise agreed, our invoices are payable within 14 days of the invoice date with 2% discount or within the next 30 days net cash. Bills of exchange shall only be accepted on account of payment after special agreement. All related expenses shall be borne by the buyer. The buyer is not entitled to withhold payments due to warranty claims or other counterclaims not recognised by the seller. Discounts granted shall be subject to the condition precedent of receipt of full payment. The seller retains title to all goods delivered by it until full payment of the invoice amounts plus interest and costs. If the due date for payment of our invoices has been exceeded, we will charge default interest in the amount of the interest customary at our banks plus commission and costs of extending credit. Interest is not calculated for advance and partial payments. Non-compliance with the terms of payment, default or circumstances likely to reduce creditworthiness result in the immediate maturity of all our claims. In the event of default, the buyer undertakes to reimburse the seller for dunning and collection expenses and, if applicable, the costs of a lawyer.
10. Warranty and liability
Unless otherwise agreed in writing, the warranty period is 12 months and shall commence at the time of the passage of risk. In the event of a warranty claim, the seller undertakes to cure any defects which can be shown to have arisen within this period, in the course of professional handling and assembly in accordance with the data sheets, as a result of faulty workmanship or defective materials, free of charge at our plant or to make a replacement delivery. Transport expenses, assembly, travel and accommodation costs shall be borne by the buyer. It is expressly agreed that the seller shall not be liable to pay any damages for personal injury, damage to goods which are not or were not the subject of the contract, loss of profits or other damages. The obligation to pay compensation for material damage under the Product Liability Act, as well as liability claims which can be derived from other applicable provisions, are excluded.
11. Data processing
Please note that we store your company data either ourselves or with third parties as far as this is commercially necessary and permitted by law.
12. Place of jurisdiction, performance and applicable law
The place of jurisdiction is Wiener Neustadt. The place of performance is Leobersdorf. Unless otherwise specified in these General Terms and Conditions of Business, the General Terms and Conditions of Delivery of the Austrian Electrotechnical Association (Fachverband der Elektro- und Elektronikindustrie), as amended from time to time, shall apply.