GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY
Placing an order and accepting the goods delivered, the buyer acknowledges the general delivery and sales conditions of INDUSTRIETECHNIK, as well as our offers and price lists related also to future orders.
Any standard form contract conditions of the buyer become only valid, if expressly acknowledged by us in writing Agreements to the contrary of and in addition to the present delivery conditions are only valid if made in writing. Our offers are not binding and do not compel us to accept the order. Even in the event of verbal, telephone, telefax or cable orders, an obligation only arises upon written confirmation of the order or with delivery. If any provision of the present terms and conditions should be declared invalid, such determination shall not affect the remaining provisions of the transactions arising therefrom.
Unless otherwise agreed, our prices are for deliveries ex works, without packing. The buyer has to settle all costs of transport, as freight, loading, transport insurance, customs etc. In case of carriage-paid consignments extra charges for buyers delivery wishes are at the buyer’s account. Separate agreements on prices are based on the current INCOTERMS. Prices are calculated on the basis of current costs (personal, raw materials, energy and similar) and exchange rates. Should they undergo considerable fluctuations prior to shipment, the buyer agrees that INDUSTRIETECHNIK is entitled to recalculate them accordingly.
In case of bankruptcy, rejection of an application for bankruptcy in the absence of cost-covering assets, announcement and settlement of court – or out-of-court conciliatory proceedings or suspension of payment on the part of the buyer all granted discounts and other concessions will be cancelled.
Unless otherwise agreed, our invoices shall be settled immediately on receipt without any deduction. Each payment will be counted towards the oldest existing claim. In case of doubt, terms of payment start running from the date of invoice. Should payment be delayed, interests will be charged at a percentage in proportion to the current interest rate on bank credits, but not less than 4 % above the discount rate of the Austrian National Bank.
In the case of the payment not within the prescribed period of possibly agreed upon partial payments, the open debt is due placed immediately and the immediate payment of the entire remaining demand is required.
The buyer shall not be entitled to delay payment for any reason whatsoever; he can only compensate our claims with uncontested or judgement debts.
The indicated or definitely fixed delivery time will be adhered to as closely as possible. It starts running at the earliest from the date of dispatch of the order confirmation. But not until a complete agreement upon the order has been reached. Events of force majeure for the purpose of these General Terms and Conditions of Sales and Delivery release us from fulfilment of the contract for the duration and the extent of the event.
In the event of non compliance with the time limit the buyer shall be able to enforce his legal rights only if he grants us an additional delivery time of same length as the originally agreed time. This term starts running from the date of receipt of a reminder sent to us.
The buyer will be indemnified for damages through gross negligence. We are not able for damages caused by slight fault.
Deliveries will be suspended as long as payment of a consignment is due.
The required packing material will not be invoiced separately. The buyer shall not be entitled to deduct packing costs without prior consent.
Even in the event of carriage-paid consignments, deliveries free Austrian border as well as ex works – irrespective of the fact who incurs the freight charges – the risk is transferred to the buyer from the moment the goods are at the buyer’s disposal at factory.
If requested by the buyer, a transport insurance can be stipulated on his expenses , otherwise delivery will be made according INCOTERMS. For carriage-paid consignments within Austria extra charges for express delivery are at the buyer’s account. Should the buyer fail to furnish sufficient references, goods will sent either against advance payment or cash on delivery.
Warranty, Compensation for Damage and Product Liability
The goods supplied by INDUSTRIETECHNIK are made of excellent materials with great care. Technical data in catalogues, leaflets, price lists, etc. are not binding and may be modified if necessary. They only become binding if expressively mentioned in the order confirmation.
INDUSTRIETECHNIK products have to be checked immediately after arriving the customer. The buyer has to give notice about visible defects and deviations from the order specifications in writing or by fax to I.T.INDUSTRIETECHNIK OELLER KG, Roemerweg 6, A-8051 Graz, fax-No. + 43 / 316 / 685742-15. Delayed complaint causes – in accordance to legal prescriptions – loose of any claims of warranty. Before use, the goods have to be properly tested by an expert in order to judge if they are suitable for the intended use. In case of provable material or production defects the part in question will be replaced.
We are not to be held responsible for damages the customer suffers from through one of the products delivered by us unless INDUSTRIETECHNIK sets no act of intention or gross negligence. The buyer has to restrict our liability, which we have from our suppliers in the contracts with his customers by the same clause. In case our customer does not fulfil this point, he is held responsible for the compensation of all costs – especially for lawyers and legal steps – we have to bear by this fact.
The buyer shall have no right to make claims to INDUSTRIETECHNIK for delay in delivery, incapacity or impossibility of performance, incorrect fulfilment of contract, negligence at the conclusion of contract or wrong act. Goods already used by the customers cannot be returned to INDUSTRIETECHNIK. The customer is obliged – when presenting our products, especially in case of sales talks, technical advice, public relations, etc. – to observe the corresponding safety prescriptions and instruction for use and to inform his customer about all warnings mentioned in these instructions. The customer shall be held responsible for all costs caused by the violation of this obligation.
All goods delivered by us will remain our property as long as payment of the invoice price and all additional expenses has not been completely settled. In case the goods are processed, seller and buyer will have an ownership in the proportion of the value of labour and value of the goods contributed by each party.
The buyer is entitled to transfer the goods to third parties in the usual course of business under following conditions:
From the moment of the receipt of the goods irrespective of condition of goods at time of sale the buyer hands over to us all claims and additional rights arising from the resale to his customers.
The buyer has to inform his customer at the same time of the assignment or to make the necessary notice in his account books.
Furthermore the buyer has to inform us by writing on request to whom he has transferred such goods resp. which claims he has to get from such sales and he has to submit the necessary documents for assertion of our rights.
We are entitled to inform the user of the assignment. The buyer shall be liable for all damages arising from the violation of this agreement.
“Force Majeure” in the purpose of this General Terms and Conditions of Sales and Delivery are all circumstances that are out of the influence of the parties such as late delivery of sub-suppliers, cases of “Force Majeure” in the close meaning (i.e. war, fire, floods, earthquake, etc.), unforeseeable machinery breakdown, lack of energy, material or raw material, official acts, delay in transport and customs clearance, strike, etc.
Applicable Law, Place of performance and jurisdiction
All disputes arising from sales contracts shall be interpreted in accordance with the law of the Federal
Republic of Austria. Both parties understand that the place of performance is Graz. Consequently all disputes arising from such contracts will be settled before the Graz court having original jurisdiction in existing cases. INDUSTRIETECHNIK is, however, entitled to appeal another court that is competent for the buyer.
According to the Austrian law (§ 22 DSG) we are informing you that we have stored data of your company, such as address, sales conditions, turnover, etc. in our EDP-system. This data are exclusively used for invoicing and subsequent evaluations and will not be disclosed to third parties.