I) Conclusion of a Deal

1.) Our Terms and Conditions apply, unless otherwise agreed in writing, for all sales transactions and deliveries.

2.) At any time, our quotations are subject to confirmation, unless defined expressly and in writing as binding.

3.) The sales contract is considered as concluded when we have dispatched, on receipt of order, a written order acknowledgement.

4.) We only commit to the customer’s conditions of purchase, if we have expressly accepted them in each individual case.

5.) If the contract is cancelled by the customer, we are entitled to charge all the costs incurred up to the date of cancellation, such as design and processing as well as material costs.

6.) All figures, drawings, brochures, leaflets, folders, etc. and the data they contain, such as technical characteristics, dimensions, weights, quality and services, etc. referring to our products and services are only approximate, if not expressly designated as binding. Changes in shape, execution and colour are reserved. In case of subsequent changes of technical nature - also type changes - there is no obligation to notify the customer.

7.) Drawings, figures, and other technical documents remain our property and must be returned on request. Copies made without our knowledge are not permitted and we claim all property rights for our drawings according to the provisions of the Copyright Act.

II) Prices

Basically, all prices are net prices. In addition to the prices we separately charge the VAT at the respective rate for inland customers. In the absence of any other explicit agreement our prices are to be understood "ex works, without packaging."

III) Payment Terms

1.) Payments must be made in accordance with the agreed payment terms. When exceeding the agreed due date for payment, interests and other fees will be charged based on the conditions for capital loans valid for the date of default. However, the interest calculation will be based on an interest rate of at least 3.5 % above the applicable bank rate of the Austrian National Bank.

2.) Payment of invoices is to be made to one of our stated bank accounts without any charges for us.

3.) A compensation with counterclaims requires our written consent.

4.) In the presence of multiple transactions, we reserve expressly the type of booking of incoming customer payments on outstanding debts.

IV) Proprietary Rights

1.) Until all our claims are settled, all delivered goods remain our property, even if payments for specific claims are made. The retained property serves as collateral for our balance claim.

2.) Without our explicit prior written consent the customer may not sell the retained goods, pledge or assign them as collateral, nor otherwise deal with them.

3.) The customer undertakes to provide us with the necessary information to assert our rights and to hand over the required documents.

4.) The customer must notify us immediately about seizures or other impairments of our retained goods or the claims assigned to us and he is obliged to assert our property right of goods delivered towards third parties.

5.) The objection is excluded that the object owned by us is indispensable to maintain the existence or the business of the customer.

V) Execution of Delivery

1.) The indicated delivery times and dates are subject to change, i.e. they are not legally binding. Therefore, claims for damages of any kind, citing delivery times, are excluded. However, we are dedicated to respect the indicated delivery times and dates.

2.) Events of force majeure entitle us to postpone delivery for the duration of disability plus a reasonable lead time or to cancel the unfulfilled part of the contract in whole or in part.

3.) Acts of God are also circumstances, such as strikes, which make delivery difficult or impossible, no matter whether they occur with us or one of our subcontractors.

VI) Delivery, Passing of Risks and Packaging

1.) By handing over the goods to the shipper, carrier or collector, at the latest when they leave the supplying plant or storage location, the risk, even with delivery free at destination, as well as for FOB, CIP or CIF transactions, passes to the customer, even if the delivery item is delivered in parts, or if we have assumed not only the supply but also other services. Unless otherwise agreed, dispatch route and means of transport are reserved to our choice, excluding any liability.

Material reported as ready for dispatch must be retrieved immediately. Otherwise, we are entitled to store it in our discretion at the expense and risk of the customer, and to charge it as "delivered ex works or storage location". Premiums for transport insurance are to be borne by the customer.

2.) Packaging, if it is expressly requested by the customer or necessary for security reasons, will be charged at cost and cannot be taken back.

VII) Warranty

Defects of the goods will be treated according to the following rules:

1.) The time at which the goods leave the factory is decisive for the condition of the goods as specified in the contract.

2.) After the agreed acceptance of the goods by the customer, the notification of defects, which are detected by the agreed type of acceptance, is excluded.

3.) Notification of defects by the customer must be made within 14 days after receipt of the goods at the destination, either in writing of by phone. Defects which, even after careful examination, cannot be detected within this period are to be notified immediately after their discovery, at the latest 6 months after receipt of the goods.

4.) The precondition is however that the goods have always been treated and used according to their quality conditions.

5.) When a justified defect is reported in time, we decide at our discretion
a) to take back the defective goods and provide a replacement or
b) to arrange for the correction of the defect or
c) to replace the reduced value.

If the remedy is factually impossible or economically unreasonable, we are entitled to withdraw from the contract.

6.) For the purpose of correction of a defect the goods must delivered to the factory, when requested by us. The dispatch of the goods to be remedied as well as the return of the repaired or replaced goods to the customer is made at the expense and risk of the customer.

7.) If the customer does not give us the chance to determine the defect, all warranty claims will expire.

8.) In case of subcontractor orders, we are responsible for the proper execution of the works up to the level of the confirmed or incurred labour costs.

9.) For third-party products, our liability is limited to the assignment of liability claims to which we are entitled against the supplier of the third-party products.

VIII) Place of Fulfillment, Applicable Law, Jurisdiction

1.) The place of fulfillment for delivery and payment is Wiener Neudorf.

2.) Jurisdiction for all disputes arising directly or indirectly from the contract is the factually competent court.

3.) Regarding all legal relationships between us and the customer exclusively Austrian law shall apply.

IX) Liability

It is expressly agreed that no compensation for consequential damages must be paid by us.

X) Product Liability

For material damages which the customer suffers as a business owner, any liability on our part is excluded (Product Liability Act).

XI) Other

If single points of this agreement are wholly or partially invalid, the remaining provisions shall however remain unaffected in their effectiveness.