TERMS AND CONDITIONS OF PURCHASE
The conditions set out below apply to all our orders unless otherwise explicitly agreed in writing.
Placing of orders:
Orders are only valid if placed in written form and signed. The validity of verbal orders and agreements is subject to written confirmation by the company.
Moulds, tools, devices, drawings, models, templates and samples provided by us to suppliers to facilitate the completion of our order remain in our possession and, provided there is no written agreement to the contrary, must be returned to us on completion of the order, together with any reproductions.
Confirmation of order:
Supplier’s terms and conditions, or deviations from the terms of confirmation of the order, are only valid subject to our explicit written approval. The execution of an order implies the acceptance of our terms and conditions, even in cases where the supplier has confirmed our order subject to divergent terms and conditions.
Failure to comply with the agreed deadlines and terms of delivery entitles us to withdraw from the contract – without consent to a later deadline – without the imposition of cancellation charges or damages for losses incurred by the supplier and without the return of goods to the supplier. We also reserve this right in cases where components are not manufactured in accordance with our specifications. Dispatch is always subject to our terms and conditions. We request that a packing slip or delivery notice be enclosed with the consignment. If freight-free delivery has been agreed on, consignments must be dispatched free of charge. We do not make advance payments of freight charges.
Invoices must always specify the relevant order number and be submitted in duplicate immediately after dispatch. Payment will be made at the end of the following month minus a discount of 3%, unless other conditions have been agreed on. No payments will be made prior to receipt of the goods.
Defects and warranty:
We undertake to inspect incoming goods as quickly as possible, but we are not bound to a deadline. We reserve the right to lodge a complaint after inspecting the goods, if this should prove to be necessary. Payments already made do not constitute a waiver of the right to lodge a complaint. The supplier shall assume the warranty for the goods supplied in accordance with legal regulations, even if a notice of defect is not lodged in due time. The supplier’s warranty for hidden defects is valid for 1 year. If the supplied goods are unusable, we may choose either to issue a credit note, or to deliver replacement goods free of charge. In the event that goods are returned as a result of a defect, the supplier is obliged to bear the entire costs.
Place of performance and court of jurisdiction:
For all legal relationships arising from this order, the place of performance and the court of jurisdiction for both parties is Innsbruck/Tyrol, irrespective of the amount in dispute. All contractual relationships are governed by Austrian law.
TERMS OF SALE AND DELIVERY
All our deliveries are carried out exclusively in accordance with our terms of sale and delivery. These terms shall also be valid for all future business relationships. Terms and conditions set down by the purchaser are hereby rendered invalid. Any deviations from our terms of delivery and payment are only valid subject to written confirmation.
Terms of payment:
Our invoices are payable within 30 days after the date of invoice with a discount of 2%. The discount can only be granted if the purchaser has no other payments still outstanding, irrespective of whether the purchaser is legally entitled to a return of this payment. We do not accept bills of exchange. In the event of a delay in payments, we shall charge interest on the arrears in the amount of 3% above the current bank interest rate on the gross sum, provided that no higher damages have been incurred. The goods will remain in our possession until all obligations have been fulfilled.
Right to adjust prices:
In the event of a wage increase, an increase in the price of materials or other costs, our prices will be raised accordingly.
Exchange and return:
Exchange of ordered goods is excluded in full. We shall not accept deliveries of returned goods. Should the customer request an exchange or return of goods under special circumstances, this will only be granted after conclusion of a special written agreement, and only if the goods concerned are currently in stock. In this case, we shall charge a minimum handling fee of 10% of the value of the ordered goods.
The purchaser is obliged to inspect goods directly upon delivery and to notify the supplier of any defects immediately and in writing. Notification of hidden defects must be given in writing immediately upon detection. The obligation to examine goods and to give notice of defects is governed in detail by Sections 377 ff. HGB. All warranty claims expire 6 months after the date of delivery of the goods.
We shall not be held responsible for delays to delivery due to an act of God, or due to events which complicate delivery or render delivery impossible, in particular as a result of strikes, lockouts, official rulings etc.; neither shall we be held responsible if such hindrances affect our suppliers or their sub-suppliers, despite the fact that binding terms and deadlines have been agreed to. We are then entitled to postpone delivery deadlines for the duration of the hindrance plus a reasonable period of start-up time.
We are only liable for damages – incurred for whatever legal reasons – if the damage was caused by us, our legal representative or a vicarious agent wilfully or through gross negligence. Any further claims for compensation are ruled out. This is particularly true in cases where damages are incurred during repair work or are the result of consequential damage.
Place of performance and court of jurisdiction:
The place of performance for all claims arising from the execution, fulfilment or termination of the contract is Innsbruck/Tyrol. This is also true for disputes arising from non-redeemed documents. The Innsbruck Regional Court also has jurisdiction over the facts of the case, irrespective of the value in dispute. The contract is governed by Austrian law; however, we as plaintiff have the right to appeal to the local court, or to another court which has jurisdiction over the purchaser.