Terms and Conditions

I. General Provisions

The following terms and conditions apply to every order.Alternative conditions. Other conditions are only binding for us if we have acknowledged them in writing.

Our offers are subject to change; quotations are non-binding. We reserve the right to sell goods to other parties.
The documents accompanying the quotation, such as illustrations, drawings, weight and dimensional specifications, are only approximate unless they are expressly designated as binding. The supplier reserves ownership and copyright in quotations, drawings and other documents; these must not be made available to third parties.
We reserve the right to make improvements and changes that differ from those set out in quotations and brochures.

The supplier’s written order confirmation shall be decisive for the scope of delivery, in the event of a time-bound quotation from the supplier and timely acceptance of the quotation, provided that no order confirmation has been issued in good time. Any ancillary agreements and amendments must be confirmed in writing.

Prices quoted are exclusive of value added tax (VAT) and include packaging ex Rottenegg.
If a scheduled delivery is requested, we shall charge the actual costs incurred.
The customer is not entitled to set off against counter-claims or to exercise a right of retention.
In the event of late payment, default interest at a rate of 14% per annum is agreed.
Charged packaging is supplied at cost price and will neither be taken back nor credited.

Our invoices are payable:
- In principle, prior to delivery.
- Fitting and repair costs are payable immediately.
Deliveries to companies unknown to us are made on a cash-on-delivery basis.

Returns of goods, in particular spare parts, are only possible within 2 weeks of the invoice date.
For such returns that are not expressly due to an incorrect delivery on our part, we charge a handling fee of 5 per cent of the invoice value, subject to a minimum of €15 (excl. VAT) per consignment.
For returns, it is essential to state the invoice or delivery note number and the date of issue. No credit note can be issued without this information.

The delivery period shall commence upon dispatch of the order confirmation, but not before the customer has provided the necessary documents, approvals and authorisations, nor before receipt of the agreed deposit.
We shall not be obliged to make any further deliveries until all outstanding invoice amounts have been paid in full. If the customer is in arrears with a payment due, the supplier may, after giving notice, demand cash payment prior to delivery of the goods for all outstanding deliveries arising from all contracts.
Furthermore, the delivery period shall be deemed to have been met if, by the time it expires, the goods have left the works or notification has been given that they are ready for dispatch.
The delivery period shall be extended by a reasonable period in the event of measures taken in the context of industrial action, in particular strikes and lockouts, as well as in the event of unforeseen obstacles beyond the Supplier’s control, or if such circumstances arise at subcontractors.
Delivery deadlines specified by us exclude claims for damages in the event of them being exceeded.
If dispatch is delayed at the purchaser’s request, we shall be entitled, after a reasonable period, to dispose of the goods elsewhere and to supply the purchaser within a correspondingly reasonable, extended period.

Risk shall pass to the purchaser at the latest upon dispatch of the goods, even in the event of partial deliveries.
If dispatch is delayed due to circumstances for which the purchaser is responsible, risk shall pass to the purchaser from the date on which the goods are ready for dispatch.
The supplier is entitled to insure the goods at the purchaser’s expense.
Partial deliveries are permitted.

We retain title to the goods delivered until full payment has been made of all claims to which we are entitled and which may yet arise from the business relationship, irrespective of the legal basis. Furthermore, it is mutually agreed that, in the event of insolvency, a right of separation shall apply to goods already delivered and to goods not yet delivered or only partially delivered.
Resale or pledging of the goods is therefore not permitted until full payment for the delivered goods has been made.

Complaints regarding incomplete or incorrect deliveries, or notices of defects concerning apparent faults, must be notified in writing without delay.
If complaints or notices of defects are not notified in good time, warranty claims are excluded. If notified in good time, we are obliged to make a replacement delivery or to fulfil our warranty obligations in accordance with Section XI.
We shall remedy defects, at our discretion, either by repair or replacement.

We provide a 24-month warranty on the goods we supply, commencing on the date of delivery.
Excluded from liability for defects are all parts subject to natural wear and tear, as well as the consequences of excessive strain, improper handling and failure to comply with the operating and instruction manuals.
Should the customer or any third party carry out any alterations to the goods, we shall decline any liability.

By the Customer: If the customer is a consumer, the provisions of the Consumer Protection Act, in particular Section 3 of the KSchG, shall apply to withdrawal from the contract. However, if the customer is a trader, a cancellation fee of 30 per cent of the gross order value shall be payable in the event of withdrawal.
Supplier’s right of withdrawal: In the event of unforeseen circumstances within the meaning of Clause VI, provided that they alter the economic significance or the content of the service or affect our operations, and in the event that performance subsequently proves impossible, the contract shall be adjusted accordingly. Insofar as this is not economically justifiable, we shall be entitled to withdraw from the contract in whole or in part.

The place of jurisdiction for all disputes arising from this contractual relationship shall be Linz.