Our general terms of business are to be applied – buyers general terms are explicitly excluded. Deviations from the present terms and conditions shall only be effective, if they were agreed upon expressly and in writing by the contracting parties. Our offers are subject to change without notice and non-binding.
An order is only deemed to have been accepted, when it has been confirmed as binding by us in writing or we proceed with the delivery of the order. Acceptance is subject to availability of the goods or services ordered.
Delivery for a certain day or time cannot be guaranteed unless an express agreement has been made. Therefore all claims for damages and a withdrawal from the contract on the part of the customer are not applicable.
The buyer shall be committed to inspect the delivered goods immediately after delivery and to report existing defects only by a written document otherwise the delivered goods are accepted. Only hidden defects that were not found after immediate inspection after receipt may still be asserted.
The buyer is not entitled to withhold payment after complaints that were not lodged in a timely manner.
In case of other non-removable defects the purchaser can require the product replacement.
Rescinding the contract is excluded. Removeable defects are through improvement, supplement of what is missing or credit note repaired.
Regardless of the legal basis, we, our legal representatives, will be liable only for gross negligence Liability for slight negligence shall be excluded.
Withdrawl from the contract
The noncompliance due to force majeure excuses us from the delivery commitment. This refers also to unforeseeable events, these events particularly include war, warlike events, stikes that make it substantially difficult or impossible for us to fulfill the delivery commitment.
If certain cirumstances causing delivery default last more than 4 weeks both parties can agree on withdawl.
Prices and payments agreements
Unless otherwise indicated, all prices are net prices in euros and subject to these terms of delivery – freight paid to (DCP) at minimum order of 500kg. Supply stopp within Austria. All invoices are to be paid within the agreed period otherwise within 30 days or cash at delivery. Price increases are announced in time.
In case of default the customer will be charged normal bank interest, but at least 4% per annum, over the respective base rate in accordance with the Austrian Nationalbank terms. Default in payement, in case of special agreement considers the application of an immediate payment as well as payment of all other refering debts.
This applies in particular to an application for the institution of insolvency proceedings on the customer's assets or doubts refering to payment and credit standing. The supplier may not offset charges with claims that we recognize.
In case of order placement effecetd by serveral persons or a company as a whole the contractual partners are liable to one another.
Checks will be accepted only on account of payment. All expenses and costs arising therefrom are to be paid by the purchaser. Bills of exchange are not accepted.
Notices of obvious defects must be given in writing immediately after their detection, at the latest, within 24 hours after receipt of the item supplied. The customer is obliged to inspect the goods on quantity at takeover – for differences in quantites remark has to be made on delivery documents in agreement with truck driver.
Weight discrepancies shall be claimed within 24 hours after receipt of the item supplied either by e-mail or fax.
The goods supplied remain the property of the seller until the purchase price has been paid in full. This reservation of title ensures the respective receivables for open invoices. For supplier who are also purchaser netting is applied.
For deep-froozen storage we claim the right, that in case of of non-payment the goods serve as a security for payment.
The buyer undertakes to indemnify us with respect to all and any product claims of any third party attributable to product liability.
In case of trading our goods the buyer commits oneself to provide all our processing directives, storage instructions as well as all other relevant information. Defaults have to be communicated in written without delay. This shall not affect further claims for damages on account of the purchaser who causes damages by himself on our products. Liability for property damage as a result of a product defect is excluded for all parties who are involved at the process of production or distribution. The purchaser commit himself to fulfil all claims of damages in accordance with the legal product liability law and to keep the goods insured refering to §16 PHG 1988 for producer and importeur.
Place of performance and jurisdiction
Place of performance and jurisdiction are for all contracting parties Grieskirchen (Upper Austria).
For all disputes out of the business relationship explicitly the Austiran jurisdiction has to be applied.
If several contractual issues of this terms of payment are inoperative regardles of which circumstances all other set terms remain valid. The inoperative stipulation has be to be changed into an agreement, which is practical in accordance with this terms of delivery and payment.
The framework of constraining legal provisions for the purpose of protecting the consumer remain vaild throughout these terms of delivery and payment.