GENERAL TERMS AND CONDITIONS OF TRADE

1. General

These general terms and conditions of trade apply for all deliveries. We do not accept any of the customer’s regulations, just because we do not contradict them.

All goods are only available in the indicated versions and package units. Indications of dimension, weight, strength, colour, performance etc. are general guidelines. Pictures are not binding in their details. Subject to alterations in design and construction as well mistakes and misprints. Therefore no claims of any kind may be asserted.

All deliveries are made at the customer’s risk from the moment of handing over to the carrier (post, railway, haulage firm etc.) and in case of delivery by company-owned vehicles from the moment of unloading and putting down next to the transport vehicle.

The sending of price lists and catalogues is not an offer and there is no obligation to supply the customer under the same prices and conditions as from the price lists. We reserve the right to reduce the ordered quantities, to cancel any goods not available in stock and to reject orders without giving any reasons. Subject to the carrying out of orders accepted by our representatives and by telephone. For special products it is not always possible to keep to the ordered quantities and we reserve the right to over- or under-deliver due to the production processes. In case of delay in payment, all our claims become due immediately and it is at our discretion to withdraw from open orders, deals and offers.
With the commission and taking delivery, the customer accepts our general terms and conditions of trade for the whole period of the business connection. In case of ineffectiveness of single conditions, all the others keep their validity. The entry to the area and the buildings, the use of the car park and of company-owned means of transport are at one’s own risk. Production rooms may only be entered if accompanied by authorized company staff.

2. Prices

Prices and conditions from the net lists are valid for resellers who do the purchasing for their company, which can be proved (written order on company letterhead, company stamp, license to carry out a business, trader’s card).Resale prices do not include VAT.
Special agreements of any kind are not valid for part quantities. We reserve the right to charge the prices which are valid on the day of delivery. It is not possible to announce any changes in price immediately.

3. Payment – interest on arrears

New customers will only be supplied per cash on delivery until payment conditions are determined. If delivery is made on open invoice, the payment condition is: 30 days net without discount.
Differing payment conditions require a written agreement. In case of late payment we charge interest on arrears from the date set for payment. Bills of exchange are only accepted for payment and only after prior agreement.

4. Place of payment and place of jurisdiction

The place of payment and obligation is Freistadt. Place of jurisdiction: Freistadt or Linz, according to our choice.

5. Reservation of proprietary rights

All delivered goods remain our property until total fulfilment of all our claims and may only be further processed and resold if the resulting claims have been transferred to us for safety’s sake or if the profits made are handed over to us and used for the immediate covering of our claims. Seizures or selling after discontinuation of payments has been made, are not allowed. Seizures must be immediately reported to us by registered letter.

6. Dispatch

Generally we deliver free of charge. For goods below a net value of € 250,—, we charge a contribution towards expenses of € 7,- (not incl. VAT). The transport is at the customer’s risk. We reserve the right for the choice of transport. A heavy goods vehicle must have free access directly to the delivery address.

7. Minimum value of the ordered goods € 100,- excl. VAT

Please understand that we can not deliver any orders below a net value of € 100,-, because the cost for management and freight are relatively high compared with the commission value.

8. Return of goods

Only with our written approval, according to our instructions. Returned goods must be packed sufficiently. Damaged returned goods due to no or inadequate packing are considered caused by the customer. In case of unjustified complaints, we reserve the right to demand compensation for incurred costs. Return of such goods generally only at cost of the sender.

9. Complaints / Guarantee

Apparent defects and wrong quantities must be complained about immediately on taking delivery of the goods and be stated in writing on the delivery note if delivered by company vehicles. A damage record must be demanded from the railway, post and haulage firms. Please send it or its copy immediately to us.
For hidden defects, the legal regulations are valid.
Any responsibility for damages, which might develop in connection with the use, processing or sale of goods delivered by us, is excluded.
In case of manufacturing faults or material defects we exchange the goods according to our choice as soon as possible, repair or give credit.
Complaints can only be made within one week after receipt of the goods. It is required to indicate the reference data (delivery note number, invoice number or order number and the date).

10. Product liability

We guarantee the safety of our products according to the product liability law (BGBl.-Federal Law Gazette n° 99/1988). Any further liability is denied.

11. Information according to § 22 data protection law

We store the addresses of all customers as well as the data necessary for business exclusively for the company’s internal use.