Terms & Conditions

1. Preamble
1.1 The contractor takes on orders and sells and delivers exclusively according to these terms of sale and delivery. The following terms of agreement are valid for all services carried out by the contractor or through a nominated sub-contractor within the framework of such an order.
1.2 Verbal changes or additions to this contract are only effective if they have been confirmed in writing by the contractor.
1.3 Business conditions of the principal are expressly excluded from this legal transaction and from the entire business relationship.

2. Tenders/prices
2.1 The contractor's tender, whether written, verbal or made by telephone are unless not explicitly different noted down validly off warehouse.
2.2 The contractor explicitly reserves the right of intermediate sale.
2.3 A bill of sale is only achieved if the contractor sends written confirmation of order within the time limit either or delivers the ordered items of contract.
2.4 The listed prices are excluding transportation, insurance and itemization costs and do not contain any sales tax provided that this is not explicitly indicated. The listed costs will be additionally charged to the principal.
2.5 All prices are calculated in Euro and valid prices are those on delivery date.
2.6 For products that the contractor does not always have on stock EUF , full packing units only will be delivered and charged.
2.7 Disposal contributions for supplied packing material are pre-paid by the contractor and any packing material is charged to the principal by the contractor provided that one like that accumulates. Additionally, the cost of provision of palettes is charged to the principal. If palettes are returned in perfect condition within 90 days of delivery, the deposit acts as credit for the charge on palette wear and on costs incurred from collection

3. Delivery
3 1 Delivery is exacted to the charge and risk of the principal.
3.2 Partial delivery is possible.
3.3 Any damages incurred during transit or any complaints arising from transit must be made in writing and passed on to the freight company by the principal upon receipt of delivery or, at latest, within eight days of delivery.
3.4 Storage measures and storage costs, which become necessary for reasons that lie within the responsibility of the principal are charged to the principal and as soon as these storage measures are initiated the delivery counts as effected.
3.5 Justified and appropriate changes to the service and delivery obligation of the contractor, in particular reasonable delivery delays, are accepted by the principal in advance.
3.6 Declared delivery dates are to be understood as estimations in as far as no fixed-date delivery has been agreed on. Force Majeure or other unforeseeable situations on behalf of the contractor or his subcontractors relieve the contractor of compliance with the agreed delivery time.
3.7 If the contractor cannot hold a fixed agreed delivery date then the principal can withdraw from the contract after submitting written confirmation of an extension of delivery date of four weeks or eight weeks for orders of special products.
3.8 The principal is obliged to immediately collect products stored at the contractor as soon as notification of arrival has been given to the principal by the contractor.
3.9 Any packing material in connection with any delivery will not be disposed of by the contractor. The principle is responsible for proper disposal.
3.10 A prerequisite for delivery is proper and correct access for heavy goods vehicles. Unloading of the delivery is at the risk of the principal directly or of third party contracted by him.
3.11 If unloading is to be effected by the contractor, this means that the goods and/or the subject matter of the contract will be unloaded directly next to the HGV and the principal has to provide a suitable surface for unloading the goods.
3.12 Company and transportation disruptions and improper delivery from subcontractors are also regarded as force majeure and therefore release the contractor from the obligation of delivery for the duration of the disruption or should the contractor so desire, from ultimate obligation of delivery without any claims arising for the principal due to withdrawal of the contractor.
3.13 The contractor is free to choose the type and the means of transport for forwarding goods for delivery. Place of performance for delivery and payment is the place of business of the contractor.

4. Tolerances
4.1 Indications of quantity in offers are made without guarantee. Deviations from brochure indicate, illustrations and models in colour, size, weight and quality, in particular with chemical products and noble polishing, are permitted.
4.2 Provided that deviations are not unreasonable for the customer especially if they are negligible and justified, the contractor for the ordered service can only then deviate, if this has been negotiated in detail with the principal.

5. Cost estimates
5.1 The cost estimates are calculated according to best factual knowledge, however, no guarantee for their correctness can be given.
5.2 All offers are conditional. Costs for drawing up an estimate, provided such costs are incurred will be charged to the principal.

6. Reminder and encashment expenses
6.1 In the case of late payment the principal is obliged to refund to the contractor all associated costs thus incurred, for example attorney fees and costs of collection agencies, provided that these costs are in association with legal proceedings resulting from late payment.
6.2 In as far as the contractor himself issues reminders the principal is obliged to pay an amount of EUR 10,-- per reminder sent, in addition to the usual interest rates and costs.
6.3 In addition. any further financial damage caused by non-payment, in particular the damage that arises through correspondingly higher interests accumulating on all-due credit accounts of the contractor are to be refunded by the principal independent of who is at fault concerning payment default.

7. Guarantee, assurance and liability
7.1 Should the supplied goods have any defects, the principal can demand only the improvement or the replacement, unless, the improvement or the replacement is impossible for the contractor, in the sense that this would be connected to disproportionately high costs compared to the any other form of relief . Whether this is the case, also depends on the value of the defect-free goods, the gravity of the defect and inconveniences associated with this relief . The contractor is obliged to carry out the improvement and the replacement after delivery of the product by the principal within an adequate period of time.
7.2 Should the improvement, as well as the replacement prove to be impossible or connected with a disproportionately high expenditure for the contractor, the principal has the right to receive a price reduction or the right of exchange, provided that it is not a matter of insignificant defects,. The same is valid if the contractor refuses the improvement or the replacement or does not carry out the improvement or the replacement within an adequate period of time, or if these relief measures are connected with considerable inconvenience for the contractor and are, for reasons of the contractor unreasonable.
7.3 It is hereby agreed, that in order to make use of any guarantee claims regarding mobile and stationary things according to § 933 ABGB, the principal must submit these to court within six months of claim date.
7.4 Above and beyond the framework of the guarantee, additional assurance services can be ordered. These conditions of sale and delivery are also valid for these services. The rights of the principal are not in any way affected by this assurance in such a case.
7.5 It is the responsibility of the principal, irrespective of his rights, to have properties of the ordered goods in the contract explicitly confirmed. The usual pre-supposed product qualities are those listed by manufacturers as well as those qualities that can be attributed to the product in the case of proper and correct use as well as the applicable A - standards .

7.6 The principal, irrespective of his rights, is responsible for checking the delivery with the order, visually, through the product description and through the batch number.
7.7 Claims for compensation made by the principal are excluded, except for injuries to persons, if the contractor or nominated third party did not cause the damage negligently or deliberately.
7.8 Technical information given by the contractor is provisional and requires the contractor's written confirmation as far as they go beyond the information given by the manufacturer, whereby the basis is formed by the representations of the problem given to the contractor by the principal. The contractor assumes hereby complete correctness and completeness on behalf of the principal otherwise no liability can be taken.
7.9 Compensation claims, except for damages to persons, made by the principal on grounds of late delivery or withdrawal from contract are excluded in as far as the contractor or nominated third party did not cause damage negligently or deliberately.

8. Payment
8.1 Invoicing is carried out, as far as possible, immediately after delivery. Payments are due without deductions or expenses. The terms of payment defined for the total order are valid for all partial bills.
8.2 Regarding orders that are carried out in parts, the contractor is entitled, to invoice delivery of every individual unit or service.
8.3 The principal is not entitled to withhold payments on the basis of incomplete deliveries, assurance or guarantee claims or defects.
8.4 Payments made by the principal and received by the contractor first of all pay off interest on interest, then interest and secondary expenses, followed by costs incurred prior to legal action, then costs for legal advice attorneys and collection agencies, and finally the amount due, beginning with the oldest debt .
8.5 Interest on overdue payments will be charged by the contractor at normal bank interest rates. In the case of non-payment of two instalments of the partial payments the contractor is entitled to enforce default of due date and correspondingly demand payment for acceptances.
8.6 Should the principal be in default to the extent that a suit has to be filed for an outstanding invoice bill by the contractor, then the following condition will apply that all outstanding invoices issued by the contractor become payable and any discounts or reductions issued on the invoice become void.
8.7 In cases of non-compliance with the terms of payment of the contractor, or when there is enough reason to worry about the solvency of the customer the contractor is entitled, to hold back outstanding deliveries and services, or to demand advance payments or securities or to resign from the contract without extending the deadline.

9. Ownership
9.1 The supplied goods are the property of the contractor until all demands of the contractor have been settled. This includes interests and costs. Pledges and pledged securities of the principal before complete payment are excluded.
9.2 Should the principal not properly keep to his contractual obligations, then the contractor is, at any time, entitled to reclaim his property at the expense of the principal, who hereby explicitly agrees to return such goods in such a situation .
9.3 Should the goods, still in the property of the contractor, which have been supplied be pledged or confiscated, then the principal is obliged to contact the contractor within three days to pass on any information necessary to the enforcement of ownership. Should third parties wish to lay claim to the goods then the principal is obliged to notify them that the goods are the sole property of the contractor.
9.4 The assertion of the property rights by the contractor does not represent any withdrawal from contract by the contractor.
9.5 Deliveries made to specific construction projects count as single orders even if they are ordered, delivered and invoiced in stages.
9.6 In cases of default of payment, as well as when there is reasonable worry regarding the solvency of the customer (payment delay is suffice) the contractor is entitled, to reclaim the goods which are his property without thereby withdrawing from the contract. All costs for reclaiming of property due to transportation and handling costs will be refunded to the contractor by the principal.

10. Assigned claims
10.1 The principal will at this point assign claims to third parties to the contractor for deliveries made under reservation of the right of property, as far as these arise through sale or workmanship of our products, until payment has been made in full. This assignment by way of security is to be made clear in the business books, receipts and invoices.
10.2 If the principal is in arrears with his payments to the contractor, incoming earnings from sale are to be separated and held in the name of the contractor.
10.3 The principal is not entitled to allow counterclaims to be cross-calculated against the contractor against claims of the contractor unless, these counter-claims were acknowledged by the contractor in writing.

11. Product liability
11.1 Recourse demands according to § 12 of product liability law are excluded, unless, the person entitled to seek recourse proves that the mistake was made in the area of responsibility of the contractor and there was gross negligence.
11.2 In as far as the principal is not a consumer according to KSchG, the liability for property damages resulting from faulty products according to § 8 product liability law is excluded. This applies to all companies involved in their production, import and marketing. In this case the principal is obliged to extend this liability exclusion to his customers. With sale of imported goods the contractor is obliged, upon written request of the principal, to name the prior party within 14 days.

12. Venue and applicable law
12.1 In case of dispute it is explicitly agreed upon that the local responsibility of the responsible court shall be at the place of business of the contractor.
12.2 Applicable law is Austrian substantive law. The applicability of the UN purchase right is excluded.

13. Data protection and changes of address
13.1 The principal gives his approval, that personal data in connection with fulfilment of the contract can be stored on computer and be computer processed.
13.2 The principal is obliged to notify the contractor of any changes of address, both private and business, as long as the contractual obligations of the legal transaction have not been mutually fulfilled.

14. Concluding provisions
14.1 The above definitions are only valid for sales to consumers according to consumer protection law in as far as the consumer protection law does not explicitly refer to other provisions.
14.2 Should one or more of these conditions of business become invalid or ineffective, then the validity of the remaining provisions remains unaffected.
14.3 Force majeure or other unforeseen obstacles in the area of responsibility of the contractor release the contractor from compliance with the agreed obligations for the duration of the force majeure.
14.4 The principal explicitly waivers to contest in connection with the completed sales and delivery terms, for which ever reason, even for reduction of the true value by half as well as for errors.