SALES AND DELIVERY CONDITIONS

(valid from 01.01.2023)

GENERAL:
All offers are subject to change until our order confirmation. An order is only considered accepted by us once we have confirmed it in writing. Sales and deliveries are subject to the following terms and conditions. Deviations and ancillary agreements require written confirmation. Changes, suspensions, and cancellations of orders can only be made with our express consent.

PRICES:
Our list prices are non-binding guide prices. They were calculated based on the material prices, wages, salaries, tariffs, etc. applicable at the time the offer was prepared or the order was confirmed. We reserve the right to adjust prices if this calculation basis demonstrably changes by the date of delivery; this applies even if advance payment has already been made. Prices apply free to any Austrian receiving station; for other countries, this applies in accordance with specially agreed terms. Repeat orders will be delivered freight collect. In particular, we are entitled to invoice additional costs due to delays in clarifying the technical or legal requirements for delivery for which we are not responsible, or due to overtime, night or Sunday work, or particularly expedited transport performed as a result of express customer requests.

DELIVERY TIME:
The time specified is always approximate, but with a tolerance of +/- 3 weeks, unless we have expressly committed ourselves in writing to delivery within a specific period or by a specific date. Unforeseen obstacles, late deliveries of ordered raw materials and third-party products, worker strikes and strikes at our company and our subcontractors, as well as force majeure, release us from compliance with the agreed delivery deadline. Penalties for late delivery, claims for compensation, or the right to withdraw from the order due to late delivery are excluded.

SHIPMENT:
All shipments are at the recipient's expense and risk. We are only obligated to take out transport insurance, especially insurance against the risks of war, strikes, and civil unrest, if the customer expressly requires this and agrees to pay the resulting costs. Any compensation for mix-ups or damage during transport is expressly excluded. In the event of underweight or damage to the shipment, a complaint must be filed with the railway, post office, or other carriers, and an official damage certificate must be requested.

COMPLAINT / WARRANTY:
Complaints of any kind must be submitted in writing or by email within 14 days of receipt of the goods. We reserve the right to investigate them appropriately. Complaints do not entitle the customer to withhold or reduce payment or to offset counterclaims of any kind. Warranty claims are generally excluded; in any case, the warranty is excluded for defects caused by excessive use, negligent or improper handling, materials provided by third parties, or due to instructions during assembly work by third parties. We are not liable for damage caused by the actions of third parties. Special recourse pursuant to Section 933b of the Austrian Civil Code (ABGB) is excluded for all goods manufactured or modified by us.

RETURNED GOODS:
The return of defective goods requires our prior express consent. Returns must be made carriage paid to Strasswalchen. Returned goods sent without our prior consent will not be accepted. The storage of raw materials, semi-finished or finished products, or returned goods is only permitted with prior written agreement and is subject to separate payment. Should goods ready for dispatch not be dispatched within one month of invoicing through no fault of our own, or should they be postponed at the customer's request, our service shall be deemed rendered, and we shall be entitled to store the goods at the customer's expense. Any storage costs incurred must be reimbursed promptly by the customer. This shall not affect the agreed terms of payment.

PAYMENT:
Payment terms are based on the applicable price list. In the event of late payment, default interest of 1% per annum will be charged. If the customer fails to meet their obligations or ceases payments, the entire outstanding debt becomes due, even if bills of exchange with a later due date are outstanding. The customer agrees to be billed for reminder fees of €40.00 and collection costs in accordance with the debt collection regulations, as well as the costs of pre-trial legal intervention in accordance with the Lawyers' Tariff Act. The customer also undertakes to pay these additional fees and costs in full. Furthermore, the customer expressly agrees that capitalized interest and reminder or collection fees, or the costs of pre-trial legal intervention, will be added to the claim amount from the original claim as the principal amount in the event of legal proceedings. We reserve the right in any case to only deliver against advance payment, cash on delivery, or against a bill of exchange.

RESERVATION OF TITLE:
The goods remain our property until full payment has been made. Furthermore, the purchaser undertakes to notify us immediately in the event of insolvency proceedings and to take all steps to separate the goods still in our ownership and to inform us immediately of our retention of title. If the purchaser fails to meet his obligations or ceases payments, or in the event of the purchaser's insolvency, we are entitled to immediately demand the return of the goods, excluding any right of retention. After taking delivery of the purchased item, we are free, at our discretion, to either sell the purchased item at the best possible price and credit the proceeds to the purchaser against any outstanding obligations, or to take back the purchased item at the invoice price and charge the purchaser rent for the delivered products at the usual reasonable rental price for the period of the purchaser's possession.

DELAY:
The rights under Section 918 of the Austrian Civil Code (ABGB) apply without any grace period, including to other transactions not yet completed and to on-call deliveries. We are also entitled to refuse delivery until the buyer has fulfilled all obligations already entered into but not yet fulfilled.

PLACE OF DELIVERY AND PERFORMANCE - JURISDICTION:
Our delivery agreements are subject to the provisions of Austrian law. The place of performance and payment is Strasswalchen. All disputes are subject to the exclusive jurisdiction of the court with local and subject-matter jurisdiction for Strasswalchen.