GENERAL TERMS AND CONDITIONS
1. by ordering and/or accepting the goods, the customer accepts the general terms and conditions.
2. prices in our offers, order confirmations or invoices which have been prepared on the basis of a calculation error or mistake shall not be binding on us.
Unless otherwise agreed, payment shall be made within 7 days of the invoice date with a 2% discount, or within 20 days net cash. In the event of delayed or deferred payment, we shall be entitled to charge interest at bank rates without the need for an express notice of default. If bills of exchange are accepted, the buyer shall bear all bill charges unless otherwise agreed. The retention of the purchase price or the set-off against the same with counterclaims is not permitted.
4. the delivered goods remain our property until payment. However, the Buyer may sell the goods in the ordinary course of business. The pledging or transfer by way of security of such goods or even the claim arising for them is not permitted under any circumstances. The buyer must notify us immediately of any seizure of the goods by third parties. The drawing of a balance and the recognition of a balance shall not affect the retention of title.
5. if the purchaser is in arrears with a due payment from current or previous contracts or if his financial circumstances deteriorate, we shall be entitled to withdraw from the parts of the purchase contracts that have not yet been fulfilled or to demand advance payment or security for further deliveries before the goods are delivered, without the need for a prior extension of time. Upon the occurrence of default in payment for a delivery, all claims from any other deliveries against this purchaser shall become due.
6. events of force majeure, delay in delivery by our suppliers or similar, which delay or make impossible our delivery to the buyer, entitle us to withdraw from the sales made in whole or in part, without being obliged to indemnify. Orders received on the basis of obviously erroneously stated prices do not oblige us to fulfill them. Delivery dates are given and agreed to the best of our knowledge and belief. Complaints must be made in writing within 8 days of receipt of the goods and must be substantiated, as must complaints about quantity, etc. Returns are accepted only in the case of franco delivery.
(7) The Buyer shall be entitled to have the defects remedied or to delivery of goods free of defects; the Buyer shall not be entitled to any further claims, in particular any claims for damages whatsoever. This also excludes any liability for defects in the products of our sub-suppliers that are not detectable during our further processing.
8. foreign terms and conditions that contradict our terms and conditions shall not be binding on us unless we expressly accept them in writing.
(9) Agreements made shall in principle not be interpreted according to their letter, but in good faith according to their spirit and taking into account the customs of trade.
10. our representatives do not have power of attorney to conclude transactions but only broker transactions. They are entitled to receive money only if they carry a collection authorization signed by us and bearing the company stamp. Verbal or written subsidiary agreements made with our representatives shall only bind us if they have been confirmed by us in writing.
11. orders and changes to orders shall only be deemed accepted when they have been confirmed by us in writing.
12. place of performance for payment is Vienna. The competent court in Vienna shall have exclusive jurisdiction for all legal disputes between the parties – irrespective of the amount in dispute and also for bill of exchange and check litigation, irrespective of the place of payment and for defect litigation irrespective of where the goods are located. Austrian law shall apply to deliveries to buyers abroad.