Here you can download our terms of delivery and sale.
1. Scope of application
Unless otherwise expressly agreed in writing, these Terms and Conditions of Delivery and Sale shall be deemed to be an integral part of our contracts. The application to legal transactions with consumers within the meaning of § 1 para. 1 no. 2 Consumer Protection Act, Federal Law Gazette 114/1979, is excluded.
2. Offer, commitments, conclusion of contract
Our offers are subject to confirmation unless they are designated as binding. The contract shall only be concluded upon our written confirmation. Verbal statements and promises shall only be binding if they are confirmed by us in writing. These terms and conditions of sale and delivery shall be deemed agreed upon acceptance of a delivery, even if the customer provides otherwise in his order.
The agreed prices shall only apply to the quantities and delivery conditions contained in the order confirmation. If fixed prices have not been expressly agreed, we shall be entitled, in the event of a change in the prices of raw materials, energy, wages and distribution costs, to fix a new price for all deliveries not yet effected at the time of such change. This new price shall be notified to the customer in writing. The customer has the possibility to declare within one week that he withdraws from the contract with regard to the deliveries not yet carried out for which an increased price is demanded. The assertion of claims for damages arising from such a price increase or withdrawal by the customer is excluded.
4. Clamping costs
Minimum quantities are specified at the quotation stage, and clamping costs in the agreed amount are charged for these quantities.
5. Terms of payment
The place of payment is St. Pölten or the payment office stated in the order confirmation. Invoices are to be paid net within 10 days of the invoice date. In general, the date of delivery is also the date of invoice. We may accept bills of exchange or cheques at our discretion; if this is done, they will only be accepted on account of payment. The original term of payment shall not be changed by the acceptance of a bill of exchange or cheque. All costs associated with the encashment and discounting shall be borne by the customer. As long as the invoice amount is not credited to us and recourse against us is possible, the payment shall be deemed not to have been made. Payments shall be credited first to interest and ancillary costs, in the case of several claims to the claim of our choice. In the event of default in payment, we shall be entitled to demand the escompt interest charged to us, but at least 10% p.a. If the customer is in default of payment, we shall be entitled to demand advance payment or security for all outstanding deliveries and to call in deferred claims. We are entitled to withhold deliveries until the complete fulfilment of the obligations. If the customer does not fulfil his obligations for advance payment, security or payment due to maturity within 14 days, we are entitled to withdraw from the contracts of our choice without setting a grace period. If the invoice amount is less than € 150, a handling fee of € 40 will be charged.
6. Dimensions and dimensional deviations
If deliveries are made on the basis of drawings, the dimensions of these drawings shall form the basis of the order. Dimensional tolerances depend on shrinkage and apply in the following classes: up to 100 mm +/- 1mm, from 101 mm +/- 1 %. Otherwise, deliveries must correspond to the approved sample of the initial delivery.
7. Weight and quality deviations
The weight is determined in the offer by the specific weight. Volume weight tolerances according to DIN 55471 polystyrene foams for packaging purposes are deemed to be agreed.
The place of performance is the dispatch station in the case of rail transport and the delivery plant in the case of truck transport. The goods are insured by the carrier in the case of free delivery. In the case of ex works delivery, the risk shall pass to the recipient after the truck has been loaded. If no fixed delivery dates have been confirmed by us, the delivery dates are subject to change. Partial deliveries are permitted. Euro pallets which we make available on loan and which are not exchanged step by step must be returned carriage paid. If they are not returned within 8 weeks, they will be invoiced at the respective daily price.
9. Delay in delivery
In the event of a delay in delivery due to force majeure (e.g. strike, lockout, shortage of labour, raw materials and supplies, delay on the part of our suppliers, obstructive measures by the authorities), the customer shall not be entitled to withdraw from the contract. If we are not in a position to fulfil the contract for more than 4 weeks through no fault of our own, we are entitled to withdraw from the part of this contract that has not yet been fulfilled.
10. Notification of defects and warranty
The goods shall be inspected by the customer immediately after arrival at the place of destination. The quality of the goods shall be deemed to have been approved if we do not receive a written complaint within 8 working days. A warranty for hidden defects shall only be provided if the complaint is made within 6 weeks after handover of the goods. A delivery shall not be deemed defective if individual parts of it are defective. We shall only accept returns if our prior consent has been obtained. Small parts are treated by us as bulk goods, over-deliveries are therefore permissible. Complaints will only be accepted if the quantity invoiced is less than the quantity complained about after deduction of the quantity complained about.
11. Intellectual property, industrial property rights
The customer shall indemnify and hold us harmless if drafts, samples and the like provided by the customer infringe the intellectual property rights of third parties (such as patent, sample and trademark rights). Our proposals, drawings and sketches constitute our intellectual property and may neither be used nor passed on without our written consent. For moulds and other production aids provided, we assume the obligation to use and store these with professional care.
12. Retention of title
The goods remain our property until full payment has been made. If they are mixed or processed with items owned by the customer, our retention of title shall remain in the value of our goods. If the goods are processed or mixed with goods owned by third parties, we shall become co-owners of the resulting or mixed goods to the value of our goods.
13. Applicable law and place of jurisdiction
Austrian law shall apply. For all legal disputes arising out of and in connection with the contract, it is agreed that the court with subject-matter jurisdiction for Vienna shall have jurisdiction.
St. Pölten, 1.3.2008