Our general conditions in the event of conflicting other general conditions remain (eg documents such as purchase orders, order confirmation, etc.) effective as of the contract, as long as our part is not the express written consent has been given to deviations. Conditions of purchase do not undertake, even if we do not expressly object. For more deliveries follow the rules without further express agreement. Verbal collateral agreements and subsequent contract amendment shall only be valid if confirmed by us in writing. Our offers are non-binding, sales are reserved.
All rates are based primarily on the cost situation of Anbot date. Changes at one of the cost-determining factors, we are entitled to a price adjustment.
Risk bearer and delivery times:
Shipping is at the expense and risk of the recipient. Compliance with the agreed delivery period is subject to unforeseeable circumstances or circumstances independent of the will, and the like, such as all cases of force majeure This includes events of war, official interventions and prohibitions (including foreign authorities), transport and customs clearance, transport damage, energy and raw material shortages, bacteriological defects, labor disputes, etc. This pointedly mentioned circumstances shall our part to withdraw or to extend the delivery time. Partial deliveries are permitted. When scarcity of goods, we reserve the sharing of supplies in accordance with the available quantities of goods. Where an agreement has not been finalized no damage claims are made due to late delivery. Claims for damages because of us of impossibility of performance are excluded from ordinary negligence.
Justified complaints of the goods will only be considered if they are raised immediately upon receipt of delivery and in writing with reasons. The occurrence of defects does not entitle them to retain the purchase price or part. The delivered goods must be checked immediately upon receipt, be treated appropriately and in accordance with the relevant safety regulations (eg guidelines, ....) to further process or store. For goods which will be returned due to improper delivery, storage or expiration of the recommended use-by, will not be credited. Returns can be made only with our consent. For warranty claims, we are liable only if there is evidence of gross negligence on our part. We are entitled to make payment at our discretion, replace defective delivery or partial delivery in a reasonable period or give a credit note in the invoice value of the defective goods, both as far as possible, only to return the defective goods. Warranty and / or claims for damages that go more than the invoice value of the defective goods are excluded.
The buyer waives the enforcement of rights of recourse against us address changes must be communicated immediately by registered letter.
With default we are entitled to claim interest on late payments of 12% at present. All costs of Einbringlichmachung (especially dunning and collection costs), whether in court or preliminary proceeding, or any costs incurred by a credit or debt collection organization thereof shall be borne by the defaulter. The buyer is not entitled to due to warranty claims or other counterclaims withhold or offset payments. If the buyer is in arrears, or after the conclusion of known circumstances concerning his credit worthiness, he suspends his payments, or the commencement of insolvency proceedings are contemplated. Payments received will be used first to cover the accrued interest and overdue fines, and then for the eradication of the oldest debt. We are then entitled to make deliveries outstanding cash or advance payment or deposit.
Retention of title:
Until full payment, we reserve the title to the article or the resale proceeds. This reservation is the processing, mixing, in any form and in any place whatsoever, under no. Extraordinary decrees, as pledges, security transfers, assignments, etc., are permitted. Third party access to the goods under retention of title goods and claims us by the buyer must be notified immediately.
Exclusive place of jurisdiction for both parties is the competent court at the seat of our company. Austrian law applies.
With an order, the customer agrees with all the provisions mentioned above.