General Terms and Conditions Drechslerei Angerer GmbH
All deliveries and services are based exclusively on the following Terms and Conditions of Trade. Any agreements deviating here from shall not become binding unless expressly confirmed by writing by ourselves. Terms and conditions of trade of the customer shall not represent any obligation on our part. Even if not expressly contradicted by us.
Quotations and order confirmations:
We are bound on our quotations 1 month after date. Ancillary agreements and undertakings from commercial agents or representatives shall not become effective unless confirmed by us in writing. All deliveries are exclusively in accordance with our order acknowledgment.
In the case of goods in stock, details of commercial pack sizes and minimum purchase are available upon request. Quantities can vary. The following provision shall apply to surplus or short delivery for standard products and special manufactures: + / - 15 % of the orderquantity
In case of special manufacture any remaining quantity will be shipped to customer.
Unless otherwise agreed, our prices are valid ex work Dorfgastein, excluding packaging in cartons. Packing will be invoiced at direct cost. All consignments are despatched on account and at the risk of the buyer. Any claims of lost goods or defective packaging have to be passed onto the transportation companies. All complaints must be announced by letter or fax within 8 days upon receipt. All shipped goods are insured by our transport insurance.
Delivery time is depending on our capacity, availability of goods and indicates an approximate date only which adhered to as far as possible. Breakdowns in the operation process which are beyond our control as well as cases of Force Majeure and for other unforeseeable events release us from the obligation to deliver for the duration of the breakdown and the reasonable start-up period. In the event of the duration of the hindrance not being foreseeable, we shall be entitled to rescind the contract in whole or in part. Claims for damages on the part of the buyer shall be excluded in such case. Possible delays do not qualify claims.
Color and manufacturing tolerances due to the differing properties of the materials within the range of usage are allowed and not avoidable. We shall make every effort to comply as closely as possible with the required shades of color.
All prices are stated in € (Euro) based on the pricelist effective at the date of shipment. This is also valid for call-off orders. Our prices do not include purchase tax. Our invoices must be settled within 14 days – 2 % discount or 30 days net of invoice date, by which date the amount must be credited to our account. Settlement by cheque or draft is accepted only once cheque or draft has cleared. Sell charges and costs are borne by customer.
In any case of delayed payments we will charge interest rates 10% more than the base rate. If any of our receivables are overdue or in case of serious detoriation in the financial position of the customer, - all receivables will be due immediately. In this case or when dealing with new accounts shipments are accepted against prepayment only. Customer are not allowed to hold back any payments due complaints not yet settled and agreed
Pending payment in full of all invoices issued and all claims made on our part (in case of payment by cheque or bill of exchange, until encashment of the cheque or bill exchange), for any legal reason whatsever, we reserve title to all goods delivered by us (balancing of proprietary rights), without conclusion of a separate, express agreement being required. Until such time, the customer shall not be entitled to pledge the goods or assign tem by way of security to any third party. To such extent as the buyer shall process or remodel the goods, the seller shall be deemed manufacturer and shall acquire ownership to the intermediary, residual or finished goods. The customer shall merely be custodian. He shall be entitled to dispose of the goods or the products manufactured therefrom by means of proper sales transactions. Any claims arising against third parties as a result of the resale or for any other legal reason, shall herewith be entirely assigned to the seller as security, even to the extent that the goods have been processed. Provided that the customer shall duly fulfill his payment obligations to the seller, he shall be authorized to collect the receivables for the account of the seller. The seller shall however be entitled to inform the subsequent buyer (third party) who shall be named upon request, of the assignment an issue instruction. The customer shall advise the seller without delay of any seizure by third parties of the goods delivered subject to retention of proprietary rights or of the assigned receivables. In the event of the customer suspending payment, falling into bankruptcy or judicial or out-of-court composition proceedings being filed or instituted, we shall be entitled to demand from the customer, receiver or trustee of all claims arising from the disposal as well as return of goods still in stock. In such case, all receivables due from the customer shall become immediately due and payable, irrespective of their legal ground. The goods subject to proprietary shall be treated with care and insured against theft and damage by fire or water. In the event of damage, accruing rights to insurance benefits shall be assigned to us.
We provide a full warranty of perfect quality for the goods we deliver. We cannot however accept any responsibility for the damage possibility ensuing as a result of the use of our products since we have no influence on the manner of storing or handling of our goods. Our goods are sold on the condition that the customer himself independently tests the applicability of the respective product. Any possible liability on our part shall be limited to the value of the product delivered as such. We are not liable for a certain applicability of our products. We refer to § 8 Z.3 of the Austrian Product Liability Act. In order to safeguard rights in the case of apparent defects complaints and notice of defective goods must be advised immediately in writing, no later than within 8 days of receipt of the goods. Defects not apparent upon delivery must be notified in writing immediately upon discovery, however any later then 6 months following receipt of the goods. In the case of legimate complaint, we reserve the right to replace the goods or reduced in price. In case we do not fulfill our duties, customer might recede from contract. It is further provided that in no event shall we be responsible for any claims beyond replacement value of any defective product, in any way be liable or responsible for missed profit or for damage of any nature what so ever, which may result from the use of our products. All guarantee claims extinct within one month after written rejection by us. Return of goods upon agreement by us only.
Is one of these paragraphs or detail ineffective, it will be replaced automatically by the paragraph which has the most similar economic meaning of the invalid convent. All other paragraphs remain valid.