1. These general terms and conditions shall apply unless the contracting parties have expressly agreed otherwise in writing.

1. The contract shall be deemed to have been concluded once the seller has sent a written order confirmation to following receipt of the order.
2. Any amendments or additions to the contract must be confirmed in writing by the seller in order to be valid.
3. The seller’s offers are subject to change without notice; We reserve the right to sell the goods to another party.

1. Technical specifications, illustrations and performance figures are approximate and are not binding.

1. All prices are quoted ex-works Leibnitz, unpacked and unloaded.

1. All goods are sold on an ‘ex works’ basis.
2. Delivery is considered as effected when the object of delivery has been handed over to the carrier or forwarding agent. Loading and shipment are always at the buyer’s risk, even where delivery was made ‘free to the receiving station’ or ‘free to the consignee’.

1. Goods ordered on call are to be delivered and paid for at a fixed price upon expiry of the call-off period, without further notice.

1. The delivery period begins on the date of the order placed at, provided the buyer does not make any changes to the delivery order at.
2. The Seller shall be entitled to carry out partial or early deliveries. The seller reserves the right to make changes to the design at, even during the delivery period. In the event of a deterioration in the buyer’s creditworthiness, the seller may withdraw from the supply contract in whole or in part.
3. If, after placing a legally binding order, the buyer withdraws from the purchase at – for whatever reason – the seller is entitled to claim a cancellation fee of 10% of the retail price for standard products at, and, in the case of bespoke items at, to claim reimbursement of the manufacturing costs incurred; in this instance, any parts already in production shall be made available to the buyer.
4. If the seller is at fault for a delay in delivery (see Section XI.), the buyer may either demand performance or, after setting a reasonable grace period, withdraw from the contract.
In all cases, notice of withdrawal must be given to the seller by registered letter.
In this case, the buyer is entitled to reclaim from the seller the full amount of any advance payments made, but without any claim to interest.

1. All prices are subject to change and are quoted ‘ex works’ from the seller’s premises at . Where delivery including unloading has been agreed, the prices are exclusive of unloading and further transport.
2. All prices quoted are based on the costs at at the time the prices were quoted. Any changes in costs up to the point of delivery shall be borne by or credited to the purchaser.

1. All payments must be made to the seller, strictly in accordance with the terms of payment set out at.
2. The buyer is not entitled to withhold payments on the grounds of warranty claims or other counter-claims not recognised by the seller.
3. If the buyer defaults on agreed payments, the seller may:
a) defer fulfilment of its own contractual obligations,
b) claim an extension of the delivery period,
c) treat the outstanding balance of the purchase price as subject to a loss of the right to performance, and
d) charge interest on arrears from the due date or, after a reasonable grace period, withdraw from the contract.
4. The seller reserves the right of ownership of the item purchased at until the buyer has fully met all agreed payment obligations. In the event of attachment or any other enforcement action, the buyer is obliged to assert the seller’s right of ownership in accordance with and to notify the seller immediately at.
5. If the payment deadline is missed, will be charged bank interest on arrears per annum for each month or part thereof.
6. In the event of late payment, all reminder and debt collection charges shall be borne by the buyer.
7. In the event of late payment, any discounts granted shall be deemed to have lapsed.

1. Provided that the buyer is a trader within the meaning of the Austrian Commercial Code (UGB), the seller shall, in accordance with the following provisions, provide a warranty for the serviceability and construction of the goods supplied against any defects that arise within a period of 12 months following delivery. If the purchaser is a consumer within the meaning of the Consumer Protection Act, this warranty period is 24 months. The buyer must notify the seller in writing of any defects covered by the warranty within 8 days of delivery.
The findings of the inspection carried out by the manufacturer shall be decisive in establishing the existence of defects. It is expressly agreed that the seller shall only be liable to the buyer for the replacement or repair of defective goods (parts). The buyer has no right to rescission or a price reduction. A claim for damages shall only arise in the event of gross negligence on the part of the manufacturer; however, no claim shall arise for consequential damage or other incidental or indirect damage.
The seller may:
a) repair the defective goods on the spot,
b) have the defective goods or parts returned carriage paid
for the purpose of repair,
c) replace the defective parts. Partial returns of goods or may only be sent back with the seller’s consent for repair or exchange. The rectification of defects by the seller does not affect the warranty period.
2. The seller shall accept returns of defective goods or parts, following replacement or repair, from the buyer on a carriage forward basis.
3. The buyer is not entitled to claim reimbursement from the seller for any rectification of defects carried out by the buyer themselves.
4. With regard to those parts of the goods which the seller has sourced from a subcontractor, the seller shall only be liable to the extent of the warranty claims to which it is itself entitled against the subcontractor.
5. The seller cannot be held liable by the buyer for any damage caused by the removal or alteration of the protective devices supplied at.

1. The seller may invoke grounds for exemption if, following the conclusion of the contract of sale, unemployment, damage caused by natural disasters, mobilisation, confiscation, embargo, strike or events of force majeure occur.
2. Furthermore, any failure to supply coal, oil, electricity and raw materials, which makes delivery significantly more difficult or impossible for the seller, shall entitle the seller to suspend delivery for the duration of the hindrance and a reasonable start-up period, or to withdraw from the contract in respect of
those parts that cannot be fulfilled.

1. The place of jurisdiction for all disputes, including those relating to, bills of exchange and cheque claims, is Leibnitz. However, the Seller may also have recourse to another court. Austrian law shall apply, with the provisions of the UN Convention on Contracts for the International Sale of Goods expressly excluded.
2. Every contract of sale is governed by the law of the seller’s country of origin.
3. For the purposes of delivery and payment, the place of performance shall be the seller’s registered office, even if, as agreed.

1. Both contracting parties hereby exclude the right to set aside the transaction on the grounds that the price has been reduced by more than half.

1. Machinery must not be sold abroad without the seller’s consent. Please note: If individual parts supplied as standard with the (safety devices, V-belt pulleys, etc.) are returned, only 50% of the spare part prices will be credited. When exchanging machines and spare parts, the return must be sent to carriage paid. Bespoke items cannot be returned.

The buyer expressly waives the right to claim compensation for property damage suffered in the course of their business.
In the event that the buyer resells the goods covered by this contract to another business, they undertake to pass on the above waiver to that other business in accordance with Section 9 of the Product Liability Act.
In the event that such a transfer does not take place, the buyer undertakes to indemnify and hold the seller harmless and to reimburse the seller for all costs, incurred by the seller in connection with strict liability. Should the buyer themselves be held liable under the Product Liability Act, they waive any right of recourse against the seller.