- Orders are - if there are no other written agreements - only accepted and
executed at our conditions. We invoice a fixed minimum for dispatch and
packing for orders beneath a net value of Euro 160,--. You can find
detailed information about this in price lists, in offers or in the
date-sheets N 3-1-2001. Information about delivery times are always
given as circa information. In cases of delays in delivery the customer
is entitled to set a written time extension of 2 weeks; after receipt of
this document the supplier has 10 work days time to fulfil the contract
in due time.
- Deliveries are made at current day prices EXW = ex works according to
Incoterms 2000. We are also entitled to deliver CPT according to Incoterms
2000 (named consignee's address within Austria) from a fixed minimum value
of orders. Goods are sent at the customer's own expense and at his own
risk. If the customer gives specific instructions relating to dispatch,
we will arrange it, at the customer's own expense.
- Complaints can be filed only within 8 days after receipt of the goods.
At special orders it is agreed that 10% less or over quantities than
ordered are delivered. We replace or repair the claimed goods, if there
are fabrication defects and as long as the goods are not worn.
Our liability is restricted to deliver goods in faultless condition,
those differences in quality of the goods delivered which are customary
in trade do not constitute failure to comply with our commitment. We will
therefore pay no compensation of other damages or loss of profits.
- We do not replace or take back regular delivered goods. There are only
exceptions if we have given in advance our written agreement.
Such deliveries to us have to be send free of charges for us.
(We will decide for the most acceptable transport possibility for both
partners.) The customer has to specify the dates (number and date of the
Delivery note or Invoice). In case of delivered wrong goods, please give
us also a short message, to find out the most cost-effective way of
transportation.
- We guarantee for goods for a time of 6 months from delivery on,
but natural wear and tear is excluded as type of usage is beyond our
liability. Warranty and product liability are due to the legal provision.
Consumers in the definition of the "Consumer Protection Law"
can dispose of these law unlimited.
- Both partners subdue to the court of arbitration of the Austrian or the
International Chamber of Commerce if there are damages or disputes.
- All goods delivered by us remain our exclusive property until they have
been paid for in full. Delivery are only made against extended rights of
property. This reservation of proprietary rights extends to the proceeds of
resale of goods delivered by us and the proceeds are to be kept separately
and may not be combined with other funds. If the buyer fails to comply with
obligations against the seller, the seller is entitled immediately to
cancel the contract of sale and to demand back the goods delivered under
our exclusive and extended property. Should outstanding claims not be paid
in due time, or should the buyer suspend payments, insolvency proceedings
will be opened, or measures of execution taken against him, all open claims
will become due immediately regardless of the dates of payment granted.
- Payment conditions: will be stipulated according to separate agreement
after surrender of a self-inquiry and references (see form N 4-2-2001).
If payments are not settled in due time, we are entitled to charge default
interest at a rate of 4 % more than the actual rate of interest of
our bankers.
- Place of fulfilment for delivery and payment: Waidhofen/Thaya.
Place of jurisdiction for all laws suits is the competent court in
Waidhofen/Thaya or Krems/Donau depending on value of law suits.
We are however, also entitled to take legal action against the customer
in his own general place of jurisdiction. Orders and all legal
relationships between us and the customer resulting therefore are subject
exclusively to Austrian law.
- Should one or several stipulations be illegal on account of legal
provisions, this will not effect the other regulations of the contract
in whole. Instead of the illegal stipulations there will become valid
stipulations which will be close to the original economic result.
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