terms and conditions

General Terms and Conditions of Sale and Delivery

  1. GENERAL: The legal transaction in question shall be conducted exclusively on the basis of the following terms and conditions. External terms and conditions shall not apply to us. Any deviations from our terms and conditions of sale and delivery stipulated by customers shall only be valid if they have been expressly accepted by us in writing. Failure to confirm on our part shall not be deemed tacit acceptance. Delivery by us does not constitute acceptance of deviating terms and conditions. By accepting the goods, the customer agrees to the exclusive validity of our terms and conditions, even after asserting their own terms and conditions. If individual points of our terms and conditions are invalid, the validity of the remaining points remains unaffected.
  2. OFFERS and PRICES: In the event of difficulties beyond our control (shortage of raw materials, lack of production capacity, strikes, etc.), we shall be released from our obligation to comply with agreed delivery times. We are also entitled to make partial deliveries or to withdraw from an order entirely without giving reasons. We reserve the right to sell goods in stock to other customers. Orders placed are considered irrevocable. In the event of unforeseen delivery delays, the customer is only entitled to withdraw from the contract if the delay lasts longer than 3 months. In this case, the customer is also obliged to set a grace period of one month. Delivery is deemed to have been made when the goods are handed over ex works. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which we are not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch. Transport insurance shall only be taken out at the customer's request and at their expense. Unless otherwise agreed, the mode of shipment shall be at our discretion, without us being obliged to choose the cheapest mode of transport. Our prices are generally ex our warehouse in Lamprechtshausen or ex works. We are entitled to charge the customer for changes in prices, freight, customs duties or exchange rates. The customer is not entitled to use such price changes as a reason to withdraw from the purchase. Prices are always calculated based on the prices valid on the day of delivery. All information in our price lists and on our website – prices and technical data – is subject to errors and changes.
  3. PAYMENTS: Payments with debt-discharging effect can only be made to accounts specified by us. Our invoices are due for payment in full and without deduction within 30 days of the invoice date. The mere issuance of a transfer order does not constitute payment by the customer; payment is only deemed to have been made once the amount payable has been credited to our bank account. In the event of default, the customer undertakes to pay default interest of 1% per month, calculated on a quarterly basis. In the event of default, the customer further undertakes to pay all collection and legal costs incurred by us in addition to the reminder fees. The withholding of payments or offsetting against counterclaims of the customer that are not expressly recognised by us is not permitted. Travelling sales representatives, agents, delivery personnel, etc. are only authorised to collect payments if they are identified by a corresponding power of attorney from us.
  4. RETENTION OF TITLE: Ownership of the delivered goods is expressly retained until the purchase price, including all ancillary costs, has been paid in full. The acceptance of a bill of exchange or cheque does not affect the agreed retention of title. Goods subject to our retention of title may only be sold with our consent. The retention of title with regard to the goods in question also applies to claims from other deliveries and therefore remains in force until all outstanding claims to which we are entitled against the customer, regardless of the delivery from which they originate, have been paid in full. We must be notified of any impairment of our right of ownership. The customer hereby assigns to us any claims arising from a resale of the reserved goods in breach of contract. Upon request, the customer is obliged to disclose third-party debtors and to notify them of the assignment. If our goods are processed or combined with other items, our ownership does not expire as a result; rather, we become co-owners of the new items.
  5. COMPLAINTS. NOTIFICATION OF DEFECTS. DAMAGES: The warranty period shall commence upon acceptance of the goods by the customer. The customer must inspect the goods immediately for any defects and report any defects in writing without delay, at the latest within 8 days of receipt of the goods, otherwise our warranty obligation shall be excluded, specifying the alleged defects in detail. We are released from any warranty if damage is due to improper handling or if the customer has tampered with the delivered goods. We accept no liability for transport damage. As long as a customer is in default of payment to us, they cannot assert any warranty claims against us. The customer has no claim against us for rescission or price reduction, but only for improvement and subsequent delivery, for which he must grant us a reasonable period of time. Claims for damages due to delayed and defective delivery are excluded. If goods are to be taken back by us, the customer must return them carriage paid and at his own risk to the destination specified by us. Our liability for any claims to which the customer may be entitled, such as those arising from tort, positive breach of contract, impossibility of performance, etc., is limited, insofar as it is not already excluded above, to the extent that we are only liable in cases of intent or gross negligence. For such claims, the limitation period is mutually agreed to be reduced to 6 months. Liability for damages within the meaning of the Product Liability Act is limited in that we are not liable for property damage. If claims are made against the customer by their customers or third parties under the Product Liability Act, they shall not be entitled to any recourse claims of any kind against us. The purchaser expressly declares that we have not promised him any special performance of the purchased machines that exceeds the specifications in the brochures and waives any claims in this regard. Assembly costs shall be borne by the purchaser. Agreements and requests made by the purchaser that have not been expressly confirmed by us in writing shall not be valid, even if we have not raised any objection.
  6. CHOICE OF LAW. PLACE OF PERFORMANCE. PLACE OF JURISDICTION: Austrian substantive law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German. For all obligations arising from this contract, the place of performance is Lamprechtshausen and the place of jurisdiction is Seekirchen am Wallersee.