General terms on delivery and payment

General terms on delivery and payment

  1. These terms on delivery are valid for all orders given to us and build an essential part of our offers and order takeover. They are valid without separate notice also for repeat orders. Earlier, especially in context with inquiries or orders informed conditions, have no validity and are herewith considered as contradicted. Other conditions or additional terms are only valid if these are explicitly confirmed by us in written manner. Herewith, earlier agreed terms on delivery and payment lose their validity.
     
  2. Delivery terms are always considered as approximate. Written agreed delivery terms are valid under reserve, unforeseen impediments as force majeure, war, riot, disruption, strike and lockout also at our suppliers, further delays at supply of raw- or auxiliary material, and so on. In case of such impediments, it is our right to extend the delivery term about this period with exclusion of any claims of demands, or to withdraw from the contract completely or partly. In these cases, the buyer has no right to withdraw from the contract. Any depreciation in buyer’s circumstances occurred after conclusion of the contract allows us to withdraw from the contract at any time and releases us from the obligation to supply.
  3. In the case of no other agreement, the delivery is free from a merchandise value of € 250,00. Partial deliveries are allowed. The choice of way of delivery is up to our decision.
  4. For deficiencies we warrant under exclusion of further demands as follows:

    a) Claims on quality, type or quantity of goods have to be stated in written manner until 24 hours after receipt of the goods.
    b) Defects which demonstrably arise from manufacturing error or which are due to material defects before transfer of perils, effecting the technical performance, can be rectified by us either by repair or by replacement, after free return of defective goods.
    c) The warranty is relating the product (the good) only. For any defects occurring by use of the product, the warranty is excluded.
    d) In case of any manipulation on the goods by the customer, all warranty ceases automatically. The warranty does not refer to wear and tear, malfunction because of wrong or careless treatment, excessive use as well as chemical or electric influences, which occur or exist independent of our negligence.
    e) All warranty ceases in case of legal period from term of transfer of perils elapsed. The duly placed claims and demands, no matter, which kind of, does not authorize the customer to hold back any due payments.
    f) The liability for damages at commercial use of the goods as per regulation of the Product Liability Act BGLI. 99/19988 is excluded.
     
  5. Delivered goods keep our property until all current and future demands are settled. We are allowed at any time to call back the goods in our property. The right of resale of the seller in the respectable course of business remains unaffected. If collecting bills of exchange, checks and agreements for partial payments, our requirements shall be deemed to be settled only when the means of payment are duly and completely cashed respectively fulfilled. Before, pledges, chattel mortgages or other disposals of the delivered goods are improper. The buyer is required to give immediate advice in the case of third parties might assert their claims to the goods or in the case of seizure of these. The buyer has to bear all costs for intervention, if any.
     
  6. Payments have to be effected to the on our printings mentioned places, namely under requirement of the conditions agreed upon at purchase. At payment by bills of exchange, checks or other order documents the charges for discounting and withdrawals are at buyer’s account. Bills of exchange are only accepted after prior agreement and undertaking to pay. Payment by bill of exchange is not seen as cash payment. Delay of payment entitles us to rescission of the contract and entitles us the right to require the return of delivered goods. Further rights due to the delay remain untouched by this.
     
  7. The buyer is not allowed to withhold payments because of disturbance or claim on delivery, or to balance by counterclaims, no matter which kind of.
     
  8. For any disputes arising through the contractual relationship, for bills- and checks-actions as well, place of jurisdiction is Salzburg. Place of execution for both parties is Salzburg.
     
  9. In the case of no special agreements under these terms, the general agreements on delivery of goods and services from the electrical industry are valid.

In the case that single regulations of these terms on delivery and payment should not comply with current or future mandatory rules, other terms shall not be affected. The invalid regulations have to be replaced by other, legal regulations as similar as possible.
 

Back