General Terms of Payment, Sale and Delivery

1. Scope

We work, deliver and perform services solely on the basis of the following General Terms of Payment, Sale and Delivery, hereinafter referred to as the “T&Cs”. Our T&Cs apply to all contracts, deliveries and other services, including advisory services. Oral agreements or oral collateral agreements are not binding on us unless they are confirmed in writing or are effected and fulfilled by dispatch of the goods. Deviations from our T&Cs, in particular conditions of the buyer, apply only if confirmed by us in writing. The buyer's general terms and conditions shall not become binding even if the seller does not expressly object to them again. Our offers are subject to change without notice.

2. Payment

The terms of payment set out below apply. Payments are due within 30 days of the invoice date without deduction. For payment within 10 days of the invoice date, a cash discount of 3% on the net value is granted. For payment in advance or cash on delivery, 3% may be deducted. Cash discounts may only be deducted if all invoices due up to that time have also been settled. If bills of exchange are accepted on account of payment, discount and bank charges shall be borne by the buyer. We accept no liability for timely presentation or protest. In the event of late payment, default interest of 9.2 percentage points above the applicable base rate will be charged (Section 456 of the Austrian Commercial Code, UGB). If the customer's poor financial situation becomes known after conclusion of the contract, the seller may demand a bank guarantee before providing further services. If this is not provided within 2 weeks of the request, the seller may withdraw from the contract without any obligation to pay damages. Set-off and rights of retention against our claims are excluded.

3. Delivery and acceptance

The order confirmation is decisive for the scope of delivery. Delivery obligations and delivery periods are suspended for as long as the buyer is in arrears with any liability. Should doubts arise as to the buyer's solvency, we reserve the right to make further performance conditional on the provision of security. Force majeure, operational disruptions, shortages of labour or raw materials and orders by public authorities release us from the obligation to deliver for the duration of the disruption and to the extent of its effect. They also entitle us to withdraw from the contract in whole or in part.

4. Shipping

All consignments travel at the buyer's risk. The shipping route and method of shipment are chosen by us. The buyer's wishes will be taken into account where possible, without the buyer thereby being entitled to a particular method of shipment.

5. Defects (claims)

Any complaints regarding quality or quantity must be raised within 14 days of receipt of the goods, stating the order details, invoice and shipment numbers. In the case of justified defects notified in due form, we are obliged to exchange the goods or, if this is not possible, to take them back and refund the purchase price. Returns in connection with claims should be agreed by telephone in advance. Warranty claims are excluded if the goods have been resold in whole or in part or put into use, even though the defect was discovered by the buyer or could have been discovered on careful inspection. No liability is accepted for damage resulting from improper handling or modifications by the buyer. Unfortunately, we must reject returns sent carriage forward and refuse to accept them.

6. Retention of title

The goods remain our property until payment of all existing claims arising from the business relationship and all future claims that are connected in time and substance with this contract, in particular also any current account balance. The buyer's right to sell goods subject to retention of title in the ordinary course of business ends upon suspension of payments or when the opening of bankruptcy or composition proceedings has been applied for in respect of the buyer's assets. A resale is only in the ordinary course of business if the seller thereby obtains the security rights set out in these terms, in particular claims assigned in advance, against the respective third-party purchasers. The customer (buyer) hereby assigns to the seller its claim arising from a resale of the goods subject to retention of title, including to the extent that the goods have been processed or further processed. The customer also assigns to the seller the claims it acquires by combining the goods sold with another item. The seller will not collect the assigned claims as long as the customer (buyer) meets its payment obligations. However, the customer (buyer) is obliged, at the seller's request, to name the third-party debtors to the seller and to notify them of the assignment. The customer (buyer) is entitled to collect the claims from the third-party debtor itself, as long as the seller does not prohibit this. The retention of title also remains in force if individual claims of the seller are included in a current account and the balance has been drawn and acknowledged. The buyer must notify the seller without delay if third parties assert or claim a right to the goods subject to retention of title.

7. Place of performance and jurisdiction

The place of performance and place of jurisdiction for both parties is Bregenz.

8. Severability clause

Should one or more provisions of the above T&Cs be or become invalid, the remaining provisions of these T&Cs shall nevertheless remain valid. The invalid clause shall then be reinterpreted in a manner that corresponds to the mutual economic interests of the contracting parties.

Supplementary provisions

Subject to technical changes. Current shipping costs and terms can be found in the Dealer area.