General sales, delivery and payment conditions
Dipl. Ing. Walter Poldlehner – Screening Technologies
For our deliveries or other services as well as for payments to us, the following conditions of delivery and payment are exclusively valid, insofar as provisions are missing, the law applies.
Deviating terms and conditions of purchase of the purchaser are only valid if we expressly acknowledge them in writing. With the acceptance of the goods, the purchaser acknowledges our terms of sale, delivery and payment.
Offers are only binding if accepted within 3 months or the deadline specified by us. Orders become binding for us only if their acceptance is confirmed by us in writing.
Insignificant deviations or changes in the delivery item based on technical development from the offer, including samples and samples, do not constitute any counterclaims.
3. Foreign patterns
With regard to third-party industrial property rights, acceptance and execution of orders are at the sole risk and liability of the buyer. He is responsible for the fact that the use of drawings, samples, descriptions and similar submissions sent to him does not infringe any third-party industrial property rights.
4. Prices, payment, withdrawal
The prices quoted by us are, unless otherwise stated, ex works, excluding packaging and VAT only for the specific order.
Unless otherwise agreed, the invoices of the seller are payable to the buyer without deductions after receipt of the invoice. The buyer is 30 days after invoicing without further notice in default.
In case of late payment interest will be charged in the amount of the bank rate for open credits.
Payments with bills of exchange require our prior approval.
For the scope of our deliveries, our written order confirmation is decisive.
We make every effort to comply with the confirmed delivery period, but assume no responsibility for this.
Force majeure of any kind, non-delivery by suppliers and other unforeseen obstacles beyond our control release us for our duration and scope from our delivery obligation.
If we are in default, the buyer must set us a reasonable grace period. After expiry of the same, he may only withdraw from the contract if the goods have not been reported as ready for dispatch by the end of the period.
Claims for damages against non-fulfillment or late fulfillment are excluded unless gross negligence on our part is proven.
6. Shipping, transfer of risk
Deliveries are made ex works, unless otherwise agreed. The protection and assertion of transport damage is the responsibility of the buyer. The risk passes to the buyer as soon as the goods leave our factory.
Complaints of the buyer due to incompleteness of the delivery or due to defects of the delivery item are to be sent by the seller within a limitation period of 10 days after arrival of the delivery at the place of destination.
In the case of hidden defects, this period shall apply from the time at which the defect was discovered.
In the case of justified complaints, the seller has the right to repair or to deliver replacement goods without defects within a reasonable period of time after the goods have been returned.
Further rights due to defective delivery are excluded; this applies in particular to any claims of the buyer for compensation for direct or indirect damage.
8. Retention of title
The goods remain his property until complete payment of all claims of the seller. For current accounts, the reserved property is considered a security for our balance claim.
The buyer is obliged to keep the reserved goods until payment of our claims for us carefully.
The buyer may sell our property only in the ordinary course of business and as long as he is not in default.
9. Place of fulfillment and jurisdiction
We fulfill our contractual obligations from the place where we ship the goods. Place of fulfillment for all duties of the buyer is Millstatt, place of jurisdiction for both parties is Klagenfurt.