A) Delivery conditions
1. Accounting, delivery costs and conditions are estimated and valid on the day of delivery.
2. Delivery at our discretion
a) Carriage freight paid by the Austrian customer to the Austrian railway, carriage paid by the Austrian customer to the Austrian railway station by means of a freight forwarder or post, reamed by the recipient or truck.
We supply after our choice(election) post-free Austrian railway station of the customer as a freight, by means of forwarder or post(post office), transport cost to weights of the receiver or TRUCK.
If you choose a more expensive shipping method, for example, express delivery, the difference between freight costs and the higher costs will be included in the bill.
b) Mail per unpaid postage
Freight reimbursements by customer pick-up are not guaranteed. Place of delivery is the production plant. The risk passes to the buyer when the goods are handed over to the railway or freight carrier. A single or multiple shipments of our goods free of charge to the recipient is no legal right to permanently grant this benefit. We reserve the right to charge delivery charges as of the train station.
3. The receipt of our price lists is not to be regarded as an offer. Orders received on general offers, circulars or price lists do not oblige us to deliver.
4. Accounts with our representatives, as well as telephone agreements, require our written confirmation in order to become legally effective, as well as any subsequent changes or order cancellations.
Technoflex packs for free in loaned boxes, however, must be returned to Technoflex. If the rental boxes are not returned within 6 months, they will be invoiced. Different packaging must be clarified in advance.
C) Delivery times
An obligation to comply with agreed delivery periods is only accepted under the condition of an undisturbed production process. At the event of unforeseen events by us or our suppliers, i.e. operating or traffic disruptions, fire, floods, shortage of labor, energy or raw materials, strike, lockouts; official measures release us from timely delivery and also give us the right to discontinue further deliveries without client compensation and without subsequent delivery obligation. A compensation for late delivery is expressly excluded.
D) Proprietary Rights
We reserve the title to all goods delivered by us until full payment of the invoice has been received. However, the buyer is entitled to resell or process the goods in the ordinary course of business. Before the invoice has been paid, the buyer may neither pledge the goods delivered to him nor transfer them as a precautionary measure. In the case of a resale, the customer price claim is considered as assigned. If the due date is exceeded, the usual bank interest, including expenses, will be charged.
E) Terms of payment
1. Our sales prices and all offers and calculations are in Euro.
2. The invoice amounts are payable within 10 days with 2% discount or net within 30 days. In the event of late payment, the discount does not apply. Employees and representatives of our company are only entitled to receive payments if you have a power of attorney for collection.
3. With respect to our related liability, it is at our sole discretion whether we accept bills of exchange for payment. Bills of exchange and checks will be credited only after deduction of the discount interest or cash expenses incurred, subject to the correct receipt. The discount of 2% referred to in point 2 of this section shall remain with the customer provided that:
a) the check is covered, or
b) we have agreed to accept a bill of exchange and have received the bill of exchange before the due date of our claim.
4. There is no interest on advance payments or on account payments.
5. The withholding or set-off of payments by the buyer due to any counterclaims is not permitted.
6. The buyer/orderer undertakes in the event of his default to replace the seller/supplier late fees and collection charges.
F) Warranty conditions
1) We only warrant the quality of our products in such a way that we shall pay for any manufacturing or material defects occurring within the statutory or contractually agreed period by repair or replacement at our discretion. Claims for damages, loss of profits, conversion of the purchase or reduction of the purchase price cannot be recognized. Liability for damages due to the defectiveness of our products is by production liability law on business or commercial objects and objects of the customer are excluded. For personal and property or other indirect or direct property damage arising from defects in our products, we assume no liability.
2) Complaints must be made in accordance with § 377 HGB immediately after receipt of the goods. For returns, our consent must be obtained prior to dispatch. These have to be done free of charge for us.
3) For compliance with the specific weights and dimensions, the relevant DIN standards apply.
4) Deliveries of secondary or parcel merchandise are always made with the express exclusion of the right to complaints regarding blemishes and other quality reductions.
5) Deviations from samples or previous deliveries are, as far as technically possible, avoided; significant deviations guarantee only a claim for cancellation or replacement delivery but no claim for damages or loss of profit of any kind.
6) The customer undertakes to hand over all instructions for use, production information, etc., to his buyer or to transfer the same obligation towards his customer.
7) The customer further undertakes to refrain from advertising our products, which would go beyond our own advertising and thereby increase our product liability to end consumers.
8) Contrary to conditions of purchase from our customers are not recognized.
9) Substantive Austrian law applies exclusively to the present contract and all resulting legal disputes.
The competent court in Vöcklabruck is agreed as the place of jurisdiction for both parties. The contractual relationship is subject to Austrian law.