Terms and conditions

General business conditions

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I. GENERAL TERMS

1.    These »General Business Conditions« are binding for all contracts, including those to be concluded in the future, as well as for deliveries and other performances, inasmuch as they are not altered or excluded specifically by our written consent.
Purchase conditions of the buyer take effect only it we acknowledge them as valid for the contract in question by written consent. Our conditions are considered accepted on receipt of our delivery or performance at the latest.

II. OFFER

1.    The prices quoted in our offers are always to be regarded as conditional, unless something different has been agreed on in writing.
2.    We expressly reserve the right of construction modifications and devations from the particulars stated in brochures and catalogues even after dispatch of the confirmation of the order, as long as the price and/or the essential functional data and the time of delivery are not changed by this, and this can be reasonably expected from the customer.
3.    We reserve property and copyright in cost estimates, drawings and other documents; they may neither be copied nor made accessible to third parties without our consent.

III. ORDER

1.    Our written confirmation of the order is authoritative for the volume of the delivery. Objections to the confirmation of the order in writing must reach us immediality, but not later than eight days after the date of the confirmation. Later objections will not be taken into account, unless something different is expressly agreed on in writing.
2.    Statements made on the part of our agents and sales represerrsatives become effective only with our written confirmation.
3.    In the event of inexecution of the contract on the part of the buyer we are entitled to either assert the damage actually incurred or demand as compensation 25 % of the agreed purchase price without proving the claim.
4.    Goods deliverable on call have to be called by the buyer within 6 month at the most, beginning with the date of the confirmation of the order. If the goods are not called off in time within a reasonable period of grace fixed by us and together with the necessary specifications, we are entitled to use our own discretion either to deliver them without call at the price effective on the day of delivery or to demand damages for inexecution of contract or to withdraw from the pars of the contract in arrears.

IV. PRICES

1.    Unless something different was agreed upon, prices are quoted ex works, excluding packing, freight, insurance and customs. The Value Added Tax rate required by law is added to the prices.
2.    The agreed price is based on the present material cost and wages. If these should be changed until delivery of the order, prices are changed as well, according to the changes in percentages of material cost, wages, energy etc. In this, the state of manufacture at the moment of changing material cost and wages is taken into account.

V. TERMS OF PAYMENT

1.    lf not agreed upon otherwise, payment to us is effected cash without discount free at paying agent, net cash within 30 days after date of invoice.
2.    The buyer is not enitled to retain the purchase price due to any counterclaims not arising from this contract. He is entitled to set off his claim only if this claim has been acknowledged or legally ascertained or is threatened by insolvency.
3.    If the time of payment is exceeded, we are entitled, without giving notice of default, to charge overdue interest, corresponding to the customary interest on credits, at least, however, an interest rate of 3 % above the respective discount rate of the Austrian National Bank.

VI. TIME OF DELIVERY

1.    Time and date of delivery are not binding, unless we have given our consent in writing; in this case, they are binding, reserving that we obtain delivery in due time. We do not assume the responsibility for transport in due time.
2.    The time of delivery begins after complete clarification of all particulars of the order and the production of documents, permission and clearance to be obtained by the buyer as well as on receipt of a prepayment agreed upon or on opening of a letter of credit, at the earliest, however, on dispatch of the confirmation of the order.
3.    Time and date of delivery refer to the date of dispatch ex works or ex store. They are considered observed on advice of the goods being ready for shipment, if the goods cannot be dispatched in due time without our fault. We are not liable for shipments delayed or not effected due to the fault of our suppliers.
4.    In any case, we are in default only if we fail to perform, for reasons to be iustivied by us, within a reasonable extension of the original term after maturity, following a written reminder on the part of the buyer.
If the buyer incurs any damage due to a delay caused by us, he is entitled, excluding all further claims, to demand a compensation tor damage resulting from undue delay. This amounts to 0,25 % for each full week of delay. not exceeding, however, a total of 5 % of the value of that part of the whole consignment which, due to the delay, cannot be used in time or not for the purpose intended.
5.    In the event of force majeure, we are entitled to postpone delivery for the period of the obstruction and a reasonable start-up period, or to withdraw from the contract altogether or in part due to the part of the shipment not yet effected. Strike, lockout, mobilization, war, bloackade, prohibition of import and export, shortage of raw materials and fuel, fire, power failure, roadblocks, interruption of work or transport and other cricumstances that we have not waranted for are treated as equal to force majeure, regardless whether they arise in connection with us, our suppliers or a subcontractor.
The above mentioned circumstances are equally not warranted for by us if they arise during an already established delay. The buyer is entitled to request from us a stetement whether we intend to deliver within a reasonable time or to withdraw from the contract. If this statement is not given within a reasonable time, the buyer can in his turn withdraw from the contract as concerns the part of the shipment not yet effected.

VII. INSTALLATION

1.    On principle, we procive no installations on the site of operation of equipment delivered by us.
2.    Following a written request on the part of the buyer, we are, however, prepared to provide engineers and fitters for the purposes of installation consulting.
3.    On requesting this personnel, the buyer undertakes to pay for all costs incurred by us.
4.    Our technical personnel assigned to execute installations are considered as persons employed in performing an obligation and vicarios agents of the buyer.
The buyer is not entitled to enlist the services of our personnel to perform tasks or activities extending beyond the purposes of installation consulting.

VIII. SHIPMENT AND PASSING OF RISK

1.    Routing and means of transport are left at our disposal, unless special agreements have been made.
2. Goods declared ready for shipment must be called off or collected immediately, within eight days, however, at the latest. Otherwise we are entitled to dispatch the goods at our own discretion or to assert our rights arising from item IV, paragraph 2.
3.    The risk is passed on to the buyer on dispatch of the parts of the shipment; this applies also if part deliveries are effected, or if we have undertaken to perform other tasks, as e.g. payment of shipping costs or transport and installation.
4.    Upon the buyer’s request, the consignment is insured by us at his expense.
5.    We endeavour to dispatch one order as a whole; we are, however, entitled to effect part deliveries. Each part delivery is considered as an idependent transaction.
6.    Unloading of the goods is effected by the buyer and is on his account.

IX. DEFECTS AND GUARANTEE

1.    The moment in which the goods leave our works is considered decisive for the condition of the goods as stipulated in the contract.
The delivery item is to be examined immediately on receipt. Notice of defects is to be given without delay and must have reached us in writing within eight days after receipt of delivery at the latest. This applies in particular to defects of the exterior condition and to the completeness of the shipment; in addition, the recipient is obliged to object to the carrier concerning transport losses immediately on receipt of goods and to have these losses certified in the consignment note, while simultaneously claiming damages. If he overlooks to obtain this certificate, his claims for compensation will not be acknowledged. Transport loss adjustments have to be undertaken by the buyer.
2.    Other defects, which could not be ascertained at once even with careful examination, must be brought to our notice immediately, at the latest eight days after identivication, with immediate suspension of handling.
3.    The period of warranty or guarantee begins with the date of the invoice, at the earliest, however, with the day on which the risk was passed on to the buyer.
The expiry of the guarantee period and period of limitation is not impeded by maintenance or substitute deliveries. Guarantee periode: 18 month after start of operation, however max. 24 month after delivery.
4.    Our liability for another maker’s products is restricted to the assignment of our liability claims against the supplier of the products in questions. We untertake to give the buyer all information necessary to pursue his claim and to hand all documents over to him. This does not apply to those cases where we ourselves have caused the defect.
5.    We are discharged of our obligation under the warranty if the defect that has arisen is causally connected with inappropriate change, treatment or any other handling.
For defects arising from the normal use of parts subjected to natural wear and tear, excessive stress, devective maintenance, violent damaging, non-observance of our operating instructions, incorrect use or misuse, or circumstances extraneous to normal working conditions no responsibitity is assumed by us. We furthermore assume no responsibility for defects if the delivery item has been interfered with or altered by anyone except our agents.
Only in urgent cases when safe operation is put in danger and of which we have to be informed immediately, or if we are late in eliminating the defect, the buyer is entitled to eliminate the defect himself or by help of third parties and to demand a reimbursement of costs and expenses from us.
6.    We must be provided with the opportunity to satisfy ourselves about the defect on the spot, either directly or through an agent.
On informing us, the buyer is obliged to provide us with the necessary time and opportunity to effect all repairs and substitute deliveries deemed necessary and justified by us and to privide helpers on request.
7.    Any responsibility for defects outside the delivery item itself are excluded. This applies also to consequential damage of any kind, inasmuch as we are not to be charged with intent or gross negligence, or the consequential damage risk of the defect is inculuded in the quality warranty.

X. OTHER CLAIMS

1.    In the case of another maker’s products, further claims are expressly excluded, especially those arising from a product defect, for which the manufacturer must assume responsibility.
To that extent, we assign all our claims against the manufacturer and/or supplier in question to the buyer.

XI. LIABILITY FOR STAFF

1.    Inasmuch as our liability is excluded, this applies equally to our staff or persons employed in performing an obligation or vicarious agents, respectively.

XII.     RESERVATION OF OWNERSHIP

1.    We reserve ownership of all goods delivered by us until full payment of all our receivables, from whatever legal basis they may arise, has been effected and any current account balance to the buyer’s debit has been settled.
This applies as well if the purchase price for certain goods designated by the buyer has been paid.
2.    lf our rights of ownership become void due to amalgamation or merger, the buyer already now transfers to us his rights of ownership in the new stock or the property to the extent of the value of the invoice for the reserved goods, and holds them in custody for us free of charge.
The rights of co-ownership arising hereafter are considered as reserved goods according to paragraph 1.

XIII. TAKING BACK OF GOODS

1.    Goods ordered and delivered in due form are not taken back on principle.
If we should, however, decide to do so in exceptional cases, we still refund
90 % of the amount of invoice for faultless and unused material, less expenses
incurred for freight, transport loss, etc.

XIV. CONTRACTUAL OBLIGATION

1.    Partial nullity does not result in nullity of the whole contract.
2.    A provision that has become null and void must be replaced in such a wax as arises according to the other provisions.

XV. CHOICE OF LAW

1.    The competent authority for the contractual relationship lies exclusively
with the Austrian law.
2.    The provisions of the Standardized Laws of Purchase as well of all foreign
laws are excluded.
3.    The above stipulations also apply to all those liable for the buyers obligation.

XVI. PLACE OF PERFORMANCE/LEGAL VENUE

1.    The head office of the enterprise is the place of performance for all obligations arising from this contract (delivery and payment) unless something else has been agreed in writing.
2.    The district court of Lienz is the venue for all disputes arising from this contract.
We are also entitled to sue the buyer at his general place of jurisdiction.