General Terms and Conditions

General Terms and Conditions

1. Field of Application
These general delivery conditions apply, as far as the contract partners have not clearly arranged anything different in written, also for all further orders, even if not referred to. Differently stated terms and conditions of purchase do not oblige and bind us, even though we have not objected.

2. Acceptance of Orders
All orders do require our written confirmation for their bindingness. Also later alterations or cancellations of already confirmed orders require our written acceptance. Notifications via fax or telex come up to this requirement of writtenness.

3. Delivery Time
In case of delays in delivery we have to be granted a delivery respite of at least 2 weeks. Within this deadline
there is no liability on our part. Furthermore, we are not liable for delays in delivery which are due to strikes or acts of God. For the duration and the extent of therefore necessary restrictions we are released from deliveries, however, without the recission of the respective commercial transaction.

4. Shipment and Transfer of Perils 

As far as specific arrangements have not been made, the shipment is effected under observance of your interests acc. to INCOTERMS 2000. For calculation in our factory or task stations those determined dimensions and/or weights are decisive under consideration of customary tolerances.
Overdeliveries and underdeliveries up to 10 % of the ordered weight or quantities are regarded as customary.
In case of transport damages or losses at road transport the acceptor has to make the driver sign a statement of affairs ascertainment instantly and has to claim the damage immediately in written at the freight carrier or forwarding agent and he has to inform us immediately about it; in case of railway transport there is a factual report to be provided by the acceptor.

5. Warranty 

Defects have to be claimed immediately. This claim is done in time if the notice of defect of a clear defect comes in to our house in written within 14 days after receipt of goods, and in case of latent defects it has to come in within 14 days after spotting the defect, however, not later than 24 months after the delivery. 
In case of a justified complaint concerning the quality of the goods delivered, and if the defect can not be corrected by us,
we will provide after return of goods, either a credit note or a free substitute delivery in the arranged state.  
Further claims for compensation, in whatever kind, particularly liability for prefabrication costs are excluded.
Defects of single components do only entitle for a return of the whole consignment, if the kind of defect causes uselessness of the whole shipment. In any cases of this prevenient accordance, any returns of goods require the acceptance of our factory.

6. Damage Claims 
Apart from the range of the Product Liability Law we are only liable for the compensation of those damages, which were caused by us or persons we are responsible for, through deliberate guiltiness or gross negligence. The compensation of consequential damages is excluded.

7. Prices

Those list prices on the respective day of delivery are valid, if there have not been clearly arranged any firm prices.

8. Delay of Payment 

In case of delay of payment our own credit costs for working capital credits will be charged in its amount and endorsed on the invoice. Non accepted warranty claims justify a reluctance of payment only to the extent which corresponds the asserted nonfulfillment.

9. Reservation of Proprietary Rights

We reserve the proprietary rights of the delivered goods until the complete payment is effected.

10. Place of Fulfillment

As place of fulfillment for several deliveries the location of the supplier´s factory is applying. Place of fulfillment in terms of payment is Hainfeld, respectively St. Pölten. (Austria)

11. Place of Jurisdiction 

For any disputes from this contract, for which the competence of the arbitrage court acc. to article 12 does not exist for whatever reason, the court having jurisdiction in Hainfeld is arranged as the exclusive place of jurisdiction. 
For all contracts and disputes the Austrian national law is exclusively deemed to be arranged, the United Nation CISG is excluded.

12. Arbitration clause in case of  export deliveries to foreign companies

All disputes resulting from this commercial contract are finally decided acc. to the arbitrage- and conciliation act of the international arbitral court of the Austrian Chamber of Commerce in Vienna (Viennes Rules) by one or several arbitrators named according to these rules. The language to be used in such an arbitration proceddings is German.