The following terms of delivery and payment apply exclusively to our deliveries or other services as well as to payments to us, as far as provisions are missing, the law applies.
Deviating purchasing conditions of the customer are only valid if we expressly acknowledge them in writing. By accepting the goods, the customer accepts our terms of sale, delivery and payment.
Offers are only binding for us if they are accepted within 3 months or within the period specified by us. Orders are only binding for us when we have confirmed their acceptance in writing.
Insignificant deviations or changes in the delivery item from the offer including samples and samples based on technical developments do not constitute any counter-rights.
With regard to third-party industrial property rights, orders are accepted and executed at the sole risk and liability of the buyer. He bears the obligation that the use of drawings, samples, descriptions and similar templates sent in does not violate any industrial property rights of third parties.
Unless otherwise stated, the prices stated by us apply ex works, excluding packaging and VAT only for the respective specific order.
Soweit nicht anders vereinbart, sind die Rechnungen des Verkäufers nach Eingang der Rechnung beim Käufer ohne Abzug zahlbar. Der Käufer kommt 30 Tage nach Rechnungsstellung ohne weitere Mahnung in Verzug.
In the event of late payment, interest in the amount of the bank rate for outstanding loans will be charged.
Payments with bills of exchange require our prior approval.
Our written order confirmation alone is decisive for the scope of our deliveries.
We make every effort to meet the confirmed delivery deadline, but do not accept any liability.
Force majeure of any kind, non-delivery by upstream suppliers and other unforeseen obstacles outside our sphere of influence release us from our delivery obligation for your duration and your scope.
If we are in default ourselves, the buyer must set us a reasonable grace period. After the 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 due to non-performance or late performance are excluded, unless gross negligence on our part is proven.
Deliveries are made ex works unless otherwise agreed. The buyer is responsible for securing and asserting transport damage. The risk passes to the buyer as soon as the goods leave our factory.
Complaints by the buyer regarding incompleteness of the delivery or due to defects in the delivery item must be sent by the seller within a period of 10 days after arrival of the delivery at the destination.
In the case of hidden defects, this period applies from the time the defect was discovered.
In the event of justified complaints, the seller has the right to repair or to deliver replacement goods free of defects within a reasonable period after the goods have been returned.
Further rights due to defective delivery are excluded; this applies in particular to any claims by the buyer for compensation for direct or indirect damage.
The goods remain his property until all claims of the seller have been paid in full. In the case of an ongoing invoice, the reserved property serves as security for our balance claim.
The buyer is obliged to keep the goods subject to retention of title carefully until we have paid our claims.
The buyer may only sell our property in the ordinary course of business and as long as he is not in default.
We fulfill our contractual obligations from the place from which we send the goods. Place of performance for all obligations of the buyer is Lendorf, place of jurisdiction for both contracting parties is Klagenfurt.