The following terms and conditions of sale and delivery shall be deemed to have been agreed if the buyer does not object immediately. Special agreements deviating from these conditions are only valid if they are confirmed by us. Oral and telephone agreements as well as written and oral agreements with our representatives are only binding for us if they have been confirmed by us in writing.
2. OFFERS AND ORDERS
All offers are non-binding and subject to change without notice unless otherwise expressly agreed. Once placed, orders are irrevocable. In the case of call orders, the period for acceptance shall be a maximum of 6 months (calculated from the date of order placement). Any quantities not called up by the end of the aforementioned period shall be invoiced to the client at that time. Unless otherwise agreed, samples will only be delivered against payment.
3. DELIVERY CONDITIONS
Shipment is at the risk of the buyer – even in the case of carriage paid delivery. We deliver unless otherwise agreed:
Packaging is invoiced at cost price. No compensation shall be granted for the return of packaging.
5. DELIVERY TIMES AND DATES
The delivery time applies from the day of the order confirmation to the dispatch of the goods. Events of force majeure such as strikes, operational and traffic disruptions, official measures, or delayed or non-arrival of supplies entitle us to cancel deliveries in whole or in part or to postpone the delivery date without any obligation to pay damages.
6. RESERVATION OF PROPRIETARY RIGHTS
We shall retain ownership of all good delivered by us until the invoice amounts have been paid in full (in the case of payment by bill of exchange or cheque until they have been honoured). If the goods have been delivered, they will be stored at the recipient’s premises at the expense and risk of the buyer. Any losses, including those resulting from accident or force majeure, shall be borne by the buyer. However, the buyer is entitled to resell the goods in the ordinary course of business. In the event of resale, the claim to which the buyer is entitled from the resold goods shall take the place of the resold goods as a precaution. Before the invoice amounts have been paid, the buyer may neither pledge the goods delivered to him/her nor assign them by way of security.
7. TERMS OF PAYMENT
Unless otherwise stated, the invoice amounts are due 10 days from the invoice date with 3% discount or 30 days from the invoice date net without any deduction. In the event of default in payment, we shall be reimbursed for interest and expenses incurred in connection with the default. Cheques shall be deemed to be cash payment provided that they are sent to us in good time so that they can be cashed within the aforementioned payment periods. Postdated cheques are not accepted as payment. Bills of exchange and cheques shall only be credited after deduction of the corresponding interest and the costs incurred by us subject to correct receipt of the full amount. The retention of payments or offsetting because of warranty claims as well as any counter-claims of the purchaser are excluded. For consumers, the relevant provisions of the EPA shall apply. In the event of non-fulfilment of the payment agreement, the total claim for the delivery already made shall become due immediately with simultaneous expiry of any further delivery or service obligation on the part of our company. If the customer is in default of payment, we are also entitled to demand the immediate return of the delivered goods and to declare the order cancelled. For consumers, the relevant provisions of the EPA shall apply.
The place of performance is Steyr; the exclusive place of jurisdiction for all disputes arising from this contract is the district court or the district court of Steyr. Austrian law shall apply. For consumer transactions, the relevant provisions of the EPA shall apply.
Typographical or printing errors and colour deviations throughout the catalogue are reserved.