Weidenthaler GmbH
Rudolf Hausnergasse 8
A-1220 Wien
Tel +43(1)7345434
Fax +43 (1)734543418
Email – buero@weidenthaler.com
I. Conclusion of Contract
1.
All our deliveries are made on the basis of our sales and delivery conditions below. Amendments or ancillary agreements require our written confirmation to be valid and only apply to the respective business case.
2.
All offers are subject to change and non-binding. All contracts are only binding with our written confirmation. -This also applies to verbal ancillary agreements and subsequent changes to the contract. – We still deliver
based on an order placed verbally or by telephone, -our customer cannot invoke the fact that -the conclusion only became binding through our -written confirmation. Incorrect deliveries caused by a transmission or hearing error, whether misleading, orally or by telephone, are at the expense of the customer.
3.
We hereby object to any different purchasing conditions of the buyer. They do not bind us even if we do not object to them again when the contract is concluded. Even the sending of the order confirmation does not constitute acceptance of the customer’s conditions. Our terms of sale and delivery are deemed to have been accepted at the latest upon receipt of our goods.
II.Prices
1.
Unless otherwise stated, the prices are net prices in euros without any deductions. – The current factory prices apply to orders without an express price agreement. For warehouse deliveries, the warehouse prices.
2.
All ancillary fees, freight, public charges, any new taxes and their increase, which directly or indirectly affect the delivery or make it more expensive, are to be borne by the customer.
3.
If we grant the customer a right of return for goods already delivered on the basis of a special agreement and the buyer exercises this right, we will charge 10% of the net invoice amount for the returned goods to cover our expenses. Further processed goods will not be taken back.
III. Delivery
1.
The delivery of the goods is always understood to be ex works excluding excl. Transport costs and packaging, unless otherwise expressly confirmed by us in the associated order. The risk passes to the buyer when the goods are handed over to the forwarding agent or carrier, but at the latest when they leave the factory. This also applies in the case of delivery by us.
2.
Wrong freight is at the expense of the customer. Shipping route
and type are left to our choice No liability is assumed for rust film,
bending and twisting or the effects of the weather.
IV.Delivery Time
1.
Our delivery times are not binding. We are not liable for any delays on the part of third parties. Claims for damages due to late deliveries are excluded unless there is gross negligence or intent.
2.
The delivery time begins on the day we receive the order, but not before all details of the execution have been completely clarified.The delivery time begins on the day we receive the order, but not before all details of the execution have been completely clarified. If the customer has documents, information and approvals to obtain, the delivery period does not begin before all documents have been submitted.
3.
The delivery is deemed to have taken place with the notification of readiness for dispatch.
4.
Goods that have been reported as ready for dispatch but are not called off immediately can be stored at our discretion at the customer’s expense and risk and invoice delivered ex works or ex warehouse at our discretion.
V.Payment
1.
Without exception, payment is due immediately upon acceptance of the goods without deductions, except for special agreements in the respective business case. A cash discount for immediate payments is only permissible by agreement.
2.
In the event of a delay in payment, we are entitled, at our discretion, to charge interest on arrears at a rate of 7% above the applicable discount rate of the ÖnB p.A. from the calendar day following the due date. to calculate.
3.
In the event of default of payment, the customer is obliged to secure all outstanding claims by assignment or by granting liens on other assets in our favour.
VII.Warranty and compensation
If a material and manufacturing defect is proven, we will take back the defective goods and replace them with defect-free ones. We have the option of fulfilling warranty claims through improvements or price reductions.
The customer is not entitled to withdraw from the contract (conversion). -The customer is obliged to inspect the goods very carefully immediately upon receipt. The customer must report any defects immediately after receipt of the goods by registered letter.
2. Claims for damages of any kind against us are excluded unless gross negligence can be proven on our part. In any case, we are only liable for damages up to the amount that was invoiced for the goods. We are not liable for consequential damage to the customer or third parties for pure financial losses that are not covered by our liability insurance
VIII.Product Liability
The provisions of the Product Liability Act form the basis of the present contract insofar as they are mandatory. The customer declares that he is aware of all notices and warnings regarding the dangerous nature of the goods that have been published. They count as a warning from us. The customer also undertakes to warn his contractual partners comprehensively and to impose the same warning obligation on them for the further contract chain. Otherwise, the customer shall hold us harmless and harmless for all damages due to whatever legal provision. The customer waives recourse against us in accordance with Section 12 of the Product Liability Act. Claims for damages are excluded.
Warnings must be strictly observed. If product descriptions are missing, use is not permitted.
IX. Force Majeure
Events of force majeure and circumstances in general that make delivery impossible or uneconomical for us, but in any case make it significantly more difficult, e.g. production cessation, major operational disruptions, rejects in delivery items, strike, lockout, import restrictions or similar orders or measures, mobilization, war, occupation, raw materials or a lack of goods entitles us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract because of the part that has not yet been fulfilled
X. Prohibition of offsetting and retention
The assertion of a right of retention or offsetting in favor of the customer is expressly excluded
XI. Place of performance, place of jurisdiction and applicable law
The place of fulfillment for all obligations of the customer is Vienna
The place of jurisdiction for both parties to the contract for all transactions, including lawsuits, is Vienna.
However, we are entitled to collect at the general place of jurisdiction of the buyer
Austrian law shall apply to the present contract
Status 2007
Weidenthaler GmbH, 1220 Wien
Bronchisoft
Weidenthaler GmbH
GF Tanja Weber
Rudolf-Hausner-Gasse
8A-1220, Wien
