General terms and conditions - austropox® - HAAS GmbH
An order is based exclusively on our general terms and conditions!
I. General information:
1.) Our contracts are subject exclusively to our following conditions. If the conditions of our contractual partners contradict our conditions, the contradictory conditions shall not be effective. We are not required to expressly oppose such conditions. All deliveries are subject exclusively to our general terms and conditions. 2.) In an ongoing business relationship, these conditions shall also prevail even if they are not expressly referred to in an individual contract. 3.) The following provisions are deemed subordinate to our conditions in the following order: – DIN regulations – the German Construction Tendering and Contract Regulations (VOB) parts A and B – the German Additional Technical Specifications (ZT V). 4.) Agreements, suggestions and similar made by company employees or representatives are invalid without submission of a special authorisation until expressly confirmed in writing by us.
II. Purchase transactions:
1.) Offers: All of our offers are non-binding with regard to price, quantity and delivery date until they are expressly confirmed. 2.) Prices: All prices are calculated in Euro and are quoted ex-works without statutory VAT. The price is determined by the weight or dimensions at the time of dispatch. 3.) Dispatch: We are free to select the shipping method and transport route. Partial deliveries are permitted at any time as long as this is reasonable. Additional costs for rush and express services and any appropriate freight charges shall be borne by the purchaser. 4.) Delivery tolerances: Catalogued articles are delivered in container units / packing units. Any deviations from the order caused by these units are deemed to be approved as long as the deviations in quantities or quality are of an acceptable and customary degree. 5.) Call-off orders: If call-off dates have been agreed, the vendor can demand payment for goods provided on the call-off date. No further reminder is required. If the purchaser does not accept the provided goods on the agreed date, the vendor will store the goods at the cost and risk of the purchaser. 6.) Malfunctions and disruptions: Operational malfunctions, traffic disruptions, fire damage, storm damage, flooding, shortages of labour, power or raw materials, strikes, lockouts, official orders, all types of acts of god and other events that can influence manufacturing and dispatch for which the vendor is not responsible – including those affecting their suppliers – release the vendor from their service obligations for the duration of the disruption. 7.) Retention of title: All delivered goods remain the property of the vendor until all claims against the purchaser have been fulfilled – including open account balances. Assertion of title retention in the case of late payment or if property rights are endangered does not constitute a withdrawal from the contract. The purchaser is obliged to inform the vendor of any seizures or other impairments of the reserved goods immediately and to point out the retention of title to their creditors. Any pledging of the goods is prohibited. The retention of title extends to new products created by processing and mixing the goods as a co-ownership share. The purchaser shall assign to the vendor the charges collected by them on reselling the reserved goods to their customers. The amount will be that billed by the vendor for the delivered goods. 8.) Liability for defects: The vendor is obliged to deliver products that are up to sample quality. Liability for defects with regard to the usability of the goods for the purpose intended by the purchaser is not accepted. Application-specific advice, user instructions and similar are non-binding. They do not exempt the purchaser from checking independently whether the goods are suitable for the intended purpose. This particularly applies to products that are labelled as provisional products or trial products. Claims for any identified defects can only be made within one week of receiving the goods and only before they are processed, combined or mixed with other products. When submitting a complaint, the purchaser must provide the vendor with sufficient samples of the defective goods. If the purchaser determines a material defect, the vendor will replace them with defect-free goods. If the vendor cannot replace the goods or if a replacement delivery fails, the purchaser can withdraw from the contract. Deviations in colour or impairments of other properties of the goods do not constitute material defects. Nevertheless, if the vendor has to pay any damages, the highest amount paid will be agreed to be the purchasing price of the consumed quantity of goods. The film of resin that forms on stone surfaces after jointing, any discolouration caused by water or weathering or cracks in mortar do not constitute defects. 9.) Delivery dates: The dates stated in the offer or other dates agreed in writing are binding (see II point 6). If the purchaser does not meet the preconditions or does not meet them on time, the agreed delivery date is deemed invalid. If the vendor does not deliver by the agreed date, the purchaser is obliged to grant the vendor a grace period of four weeks. Once this period expires, the purchaser is entitled to withdraw from the contract. We accept no liability for acts of god, strikes or war. Insofar that the vendor is liable for damages, they can only be made liable in the case of criminal intent or gross negligence. Any liability for consequential damage due to defects shall be excluded. 10.) Returns: The vendor agrees to accept returned goods under the following conditions: a) The use-by-date has not yet expired. b) The goods and packaging are in perfect condition. c) The vendor determines the value of the credit note to be issued. A maximum of 50% of the product value will be reimbursed.
III. Payment conditions:
1.) The purchase price must be paid within eight days after delivery and billing at 2% discount or within 14 days in full. The purchaser is automatically in arrears if payment is not made within 14 days. They are then liable to pay at the least the interest according to par. 288 of the German Civil Code (BGB). The vendor is also entitled to demand advance payment of the full amount or an irrevocable confirmed letter of credit from the purchaser. 2.) No interest is charged for prepayments made by the purchaser in the form of cash payments etc. 3.) The purchaser is only entitled to offset payment if their counterclaim is upheld by a court of law. The same applies to claims that support a right of retention.
1.) Goods are delivered in disposable containers on pallets. Euro pallets must be exchanged. If the purchaser does not provide a sufficient number of exchangeable pallets, €15 will be charged per pallet. 2.) Disposable containers are not accepted for return.
V. Transport damage:
If goods are damaged during transport, proceed as follows: a) Shipping by rail: notify the responsible freight office immediately, request an inspection and a factual report. b) Shipping by post: notify the responsible post office immediately, request an inspection and a factual report. c) Shipping by forwarding agent: document the damage on the consignment note after inspection and have your notes confirmed by the carrier. Request a factual report.
VI. Place of execution and court of jurisdiction:
The place of execution and court of jurisdiction for all claims of the vendor is Klagenfurt or Klagenfurt regional court (Austria). All prices quoted are exclusive of statutory VAT. All previously published service overviews become invalid when this service overview is published. The general sales conditions apply. Delivery: within max. 14 working days from confirmation of order by the vendor (in Austria). Collection by the customer and delivery with a lifting platform are possible by arrangement.
Published January 2020. Subject to changes.
+43 664 / 13 59 854