1. Offers – Placing of Orders – Acceptance of Orders
Quotations, orders, and other agreements are fundamentally subject to our business conditions. They are considered to be accepted through the placing of orders or acceptance of the delivery. Order confirmations that are not rescinded are considered to be expressly accepted by the customer. Divergent practices on the part of our business partners are also non-binding for us without express contradiction. Offers are subject to change until we have confirmed the order. We reserve the right to prior sale for merchandise offered or promised to be delivered directly from our warehouse. Deviations from the information contained in our printed materials are permissible unless we expressly indicate that the printed materials are binding. The order is considered to be accepted only when we have confirmed it in writing or have delivered it immediately without confirmation. Later changes require our written confirmation and/or consent. The customer is liable for the correctness of the materials (such as drawings, samples, instructions, etc.) and the information about the conditions for use that he/she has provided to us. Oral information about measurements and the like require written confirmation. Samples will be delivered on account. Quotations, correspondence, order confirmations, or materials and samples provided for other reasons remain our property. They must not be used improperly and are subject to copyright law. Reproductions, imitations, or forwarding to other parties are not permitted. We reserve the right to make changes in construction and changes in the sense of the progressive development of our products.
Unless otherwise agreed, prices are considered to be in EUR plus sales tax. Shipping occurs from St. Josef, by export shipment through the open Austrian border, and/or at FOB German harbors. These prices do not include freight, postage, and insurance on the value of the shipment. The same applies to partial shipments. Processing fees of EUR 10.00 for an order value of up to EUR 100.00 and EUR 5.00 for an order value between EUR 100.00 and EUR 150.00 will be charged as handling costs for very small orders. If additional shipments are required because of forwarding to a second address, forwarding expenses of EUR 5.00 each will be charged. The confirmed prices are valid from the day of order confirmation for a delivery period of up to 2 months; otherwise, the prices valid on the day of the delivery will be calculated.
The customer declares that he/she agrees to partial deliveries and the appropriate underdeliveries or overdeliveries for custom-made products unless otherwise expressly stipulated. Each partial delivery is considered to be an independent transaction in the sense of the Business Terms and Conditions. Our written consent is required for order cancellations or postponements. Expenses that have already been incurred are the responsibility of the customer. The return of tools is only possible with our consent. When tools are returned, the customer agrees to a reasonable deduction for the repair/improvements, etc. Custom-made products cannot be returned. Shipments are sent strictly at the expense and risk of the customer.
4. Delivery Times
Statements regarding the delivery times are non-binding. The delivery time begins with the issuing of the order confirmation or the manufacturer’s release. Reasonable delays in the delivery period do not entitle the buyer to interim purchases, claims for damages, compensation for damages caused by the delay, or withdrawal from the purchase agreement. “Acts of God”such as work breakdowns, strikes, lockouts, shortages of raw materials, unforeseeable rates of rejects, etc., free us from the obligation to deliver for the duration of the disturbances and to the extent of their effects. These types of events also entitle us to a unilateral release from the agreement, postponement, or partial cancellation of the agreement without incurring any type of claims on the part of the customer. The same applies to late or incorrect deliveries by our presuppliers. These hindrances to the delivery time are also not the responsibility of the company when they occur during an existing delay.
5. Payment Conditions
Our invoices are payable within 30 days net, in each case from the date of the invoice. Repairs must be paid immediately. Checks and bills of exchange will be accepted as payment, but are only considered to be paid once they have been cashed. Discounts and collection charges are at the expense of the customer and are payable immediately. In the case of payment delay, we are entitled to demand the incurred expenses and normal bank interest rates. In cases where the delay of payment continues, we will make delivery against cash in advance or COD only and/or withdraw from the fulfillment of the obligations that have been agreed upon. In the case of inability to pay, we must be informed immediately. Deliveries to companies that are unfamiliar to us are only sent per COD. The withholding or reduction of payments or counterclaims on the part of the invoice recipient is not permitted.
6. Reservation of Property Rights – Returns of Purchases
Delivered merchandise remains our property until the complete payment of all charges from the transaction, including possible refinancing or reverse bills of exchange. In cases of processing or commingling of funds, the customer transfers to us the ownership of the portion of the monies corresponding with the value of the merchandise that we have delivered. As the reseller, the customer is entitled to resell the goods in normal business transactions, subject to our retention of title based on our rights and claims. The buyer hereby conveys the rights of resale for the merchandise to the seller to the degree that the merchandise has been processed. Insurance claims on the part of the buyers are hereby transferred to us in this case. However, the customer is not entitled to a bailment or insurance settlement. The buyer must ensure that our related goods are stored in a secure and appropriate manner. The customer bears the risks of the accidental loss of the goods. In cases of non-compliance, the buyer must compensate us for the resulting damages. In cases of delay or conduct contrary to the agreement, we are also entitled to demand the surrender of all delivered goods without explanation on the basis of the reservation of proprietary rights. Merchandise returned to us will be appropriately evaluated and accredited to the customer through a credit to his/her account.
7. Guarantee - Construction
We guarantee the delivery of flawless tools in proper workmanship and with the advertized quality, as well as technical functionality, in compliance with the instructions for correct use and the purposes described by the buyer. We are not liable in the case of hidden defects (material flaws, etc.) that are beyond our influence, in cases of normal wear and tear, changes made by third parties, improper use, or repair. Notifications of defects must be sent in written form immediately or at latest within 10 days after invoicing. All claims expire after this time. For defects that cannot be seen, the report must be sent in writing directly after they have been identified. We will remedy recognizable defects for the buyer without charge in accordance with our decision on replacement or repair. We do not assume any liability for damages as a consequence of defects. We do not permit the reduction or withholding of payments due because of notifications of defects or claims by the buyer that we do not recognize. Moreover, any type of compensation for damages is excluded here. The guarantee period is 6 months.
We expressly reserve the right to make changes due to technical progress in the construction and in the use of different materials. Consequently, catalog illustrations and other descriptive statements are non-binding. For custom-made products, there is no guarantee with regards to delivery for excessive lengths in milling and drilling tools with a shaft.
8. Legal Address – Jurisdiction
The legal address for delivery and payment is St. Josef. The legal jurisdiction is Graz. This agreement is executed under Austrian law. However, we also reserve the right to bring legal action at the headquarters of the buyer.
Reprinting of our catalog is not permitted, not even in an excerpt. Exceptions require our prior written consent. In the case that individual points of the Business Terms and Conditions may become invalid or if they are to be replaced by other agreements, the remaining contents of the agreement are not affected and remain binding.
10. Partial effectiveness
If individual points of the terms and conditions are invalid or if they are replaced by other agreements, the remaining contents of the contract shall remain unaffected and binding.
Commercial register: FN 69615a
Christoph Riegler, M.A.
Andreas Eberhard, Engineer
VAT ID: ATU27317506
ARA license number: 3359
The Green Dot No.: 27777
We cannot assume responsibility for printing and typographical Errors!
Data agreement pursuant to § 22 Data Protection Act:
We store the following data:
name, branch, address, revenue in the current year and the previous year, balance on 1.1., current balance, credit limit, bank details (bank and account number), dunning indicators, number of orders and invoices, date of last order, date of last booking, signs of activity. Data Processing Registry No. 0475688