SUBJECT MATTER OF THE CONTRACT

The subject of the contract is the goods specified in more detail in the order and in the order confirmation. For deliveries of Kneissl & Senn Technologie GmbH (hereinafter referred to as KS), only the following provisions shall apply, the content of which shall be deemed accepted upon placement of the order or acceptance of our offers, order confirmations, and invoices. Other conditions are only permitted in the case of express written consent by KS. The General Terms and Conditions of the client are only recognized in the event of express written consent by KS. Offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated according to the price list valid at the time of the order and are understood to be non-binding net ex works. Shipping costs, in particular packaging, transportation costs, environmental charges, as well as the statutory value-added tax, shall be borne by the client. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities specified in the offer remain unchanged. The prices are calculated based on the cost factors decisive on the day of the offer. In the event of significant changes in the calculation basis, such as exchange rate changes, changes in freight rates, force majeure at our suppliers, etc., we must reserve the right to adjust prices.

DELIVERY, PACKAGING, TRANSFER OF RISK

If no special instructions are given by the customer – the (additional) costs of which shall be borne by the customer – shipping and packaging shall be carried out at KS's discretion, but uninsured (even for carriage-paid deliveries) and at the recipient's expense and risk. The transfer of risk occurs upon provision of the goods. The transport risk therefore always lies with the purchaser. Storage measures for goods on call-off orders shall be at the expense and cost of the purchaser. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on prior performance by the purchaser. In the event of exceeding agreed delivery dates due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. The indication of expected delivery dates is non-binding. Goods ordered on a call-off basis must be accepted within twelve months from the date of the order at the latest. After this period, we are entitled, at our discretion, either to deliver the goods or to cancel the order and demand a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or unjustifiably withdraws from the contract, it is at KS's discretion to insist on fulfillment of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains likewise reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For technical production reasons, we are entitled, in the case of custom-made products, to deliver 10% more or less than the quantity ordered. For custom-made products, only the prices stated in the offer shall apply.

RETENTION OF TITLE

The goods shall remain our property until full payment of the purchase price including any interest and collection costs, and in the case of payment by bill of exchange or check, until the bill of exchange or check has been honored. Extended retention of title is agreed upon. The goods shall also remain our property after processing, transformation, combination, or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to offer them as collateral, or to otherwise transfer them. Should our goods nevertheless be sold by the buyer in violation of this prohibition, our retention of title shall extend to the claims resulting from this sale. In the event of seizure, we must be informed immediately. Attached ownership labels may not be removed until full payment has been made. The buyer's claims against third parties are deemed to have been irrevocably assigned to us immediately upon their creation, and the buyer is obliged, while extended retention of title is in effect, to disclose his customers to us upon request.

PAYMENT

Our payment terms are 10 days with a 2% discount or 30 days net without deduction, calculated from the invoice date. After 30 days we are entitled to charge 12% default interest. In principle, invoicing is carried out only in EURO. The acceptance of bills of exchange or checks is solely at our discretion and always only for payment purposes. All expenses and interest in this context shall be borne by the customer. Furthermore, in the event of default, the customer undertakes to reimburse the dunning costs of a collection agency in accordance with guidelines and/or the costs of a lawyer's reminder.

WARRANTY, DAMAGES

We provide a full warranty for six months from the date of delivery that the delivered goods are free from manufacturing and material defects. It is agreed that the right to warranty must be asserted judicially within six months and that the presumption of defectiveness at the time of delivery does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to notify us in writing without delay of any defect, otherwise warranty claims shall lapse. There are also no warranty claims if KS was incorrectly or incompletely informed about the operational framework and usage conditions of the goods, if these are subsequently changed, or if the purchaser makes changes or repairs to the delivered items without our written consent. In the case of justified complaints, we will either remedy the defects or deliver defect-free goods at our discretion. No further claims under warranty, unless covered by the Product Liability Act, shall exist. Any claim for damages, in particular for consequential damages, loss of profit, as well as personal injury or property damage and damage caused by transfer to third parties, is excluded. Claims for rescission of the purchase or reduction of the purchase price are excluded. Offsetting by the purchaser against claims by KS is excluded.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogs, brochures, and similar, remain our intellectual property and are subject to the protection of the relevant statutory provisions regarding reproduction, competition, etc. They may not be used, reproduced, or made accessible to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes concerning all services arising from or initiated by contracts concluded with us is the District Court of Kufstein. The exclusive application of Austrian law is agreed upon.

SUBJECT MATTER OF THE CONTRACT

The subject of the contract is the goods specified in more detail in the order and in the order confirmation. For deliveries of RBS Kompensator GmbH (hereinafter referred to as RBS), only the following provisions shall apply, the content of which shall be deemed accepted upon placement of the order or acceptance of our offers, order confirmations, and invoices. Other conditions are only permitted in the case of express written consent by RBS. The General Terms and Conditions of the client are only recognized in the event of express written consent by RBS. Offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated according to the price list valid at the time of the order and are understood to be non-binding net ex works. Shipping costs, in particular packaging, transportation costs, environmental charges, as well as the statutory value-added tax, shall be borne by the client. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities specified in the offer remain unchanged. The prices are calculated based on the cost factors decisive on the day of the offer. In the event of significant changes in the calculation basis, such as exchange rate changes, changes in freight rates, force majeure at our suppliers, etc., we must reserve the right to adjust prices.

DELIVERY, PACKAGING, TRANSFER OF RISK

If no special instructions are given by the customer – the (additional) costs of which shall be borne by the customer – shipping and packaging shall be carried out at RBS's discretion, but uninsured (even for carriage-paid deliveries) and at the recipient's expense and risk. The transfer of risk occurs upon provision of the goods. The transport risk therefore always lies with the purchaser. Storage measures for goods on call-off orders shall be at the expense and cost of the purchaser. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on prior performance by the purchaser. In the event of exceeding agreed delivery dates due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. The indication of expected delivery dates is non-binding. Goods ordered on a call-off basis must be accepted within twelve months from the date of the order at the latest. After this period, we are entitled, at our discretion, either to deliver the goods or to cancel the order and demand a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or unjustifiably withdraws from the contract, it is at RBS's discretion to insist on fulfillment of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains likewise reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For technical production reasons, we are entitled, in the case of custom-made products, to deliver 10% more or less than the quantity ordered. For custom-made products, only the prices stated in the offer shall apply.

RETENTION OF TITLE

The goods shall remain our property until full payment of the purchase price including any interest and collection costs, and in the case of payment by bill of exchange or check, until the bill of exchange or check has been honored. Extended retention of title is agreed upon. The goods shall also remain our property after processing, transformation, combination, or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to offer them as collateral, or to otherwise transfer them. Should our goods nevertheless be sold by the buyer in violation of this prohibition, our retention of title shall extend to the claims resulting from this sale. In the event of seizure, we must be informed immediately. Attached ownership labels may not be removed until full payment has been made. The buyer's claims against third parties are deemed to have been irrevocably assigned to us immediately upon their creation, and the buyer is obliged, while extended retention of title is in effect, to disclose his customers to us upon request.

PAYMENT

Our payment terms are 10 days with a 2% discount or 30 days net without deduction, calculated from the invoice date. After 30 days we are entitled to charge 12% default interest. In principle, invoicing is carried out only in EURO. The acceptance of bills of exchange or checks is solely at our discretion and always only for payment purposes. All expenses and interest in this context shall be borne by the customer. Furthermore, in the event of default, the customer undertakes to reimburse the dunning costs of a collection agency in accordance with guidelines and/or the costs of a lawyer's reminder.

WARRANTY, DAMAGES

We provide a full warranty for six months from the date of delivery that the delivered goods are free from manufacturing and material defects. It is agreed that the right to warranty must be asserted judicially within six months and that the presumption of defectiveness at the time of delivery does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to notify us in writing without delay of any defect, otherwise warranty claims shall lapse. There are also no warranty claims if RBS was incorrectly or incompletely informed about the operational framework and usage conditions of the goods, if these are subsequently changed, or if the purchaser makes changes or repairs to the delivered items without our written consent. In the case of justified complaints, we will either remedy the defects or deliver defect-free goods at our discretion. No further claims under warranty, unless covered by the Product Liability Act, shall exist. Any claim for damages, in particular for consequential damages, loss of profit, as well as personal injury or property damage and damage caused by transfer to third parties, is excluded. Claims for rescission of the purchase or reduction of the purchase price are excluded. Offsetting by the purchaser against claims by RBS is excluded.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogs, brochures, and similar, remain our intellectual property and are subject to the protection of the relevant statutory provisions regarding reproduction, competition, etc. They may not be used, reproduced, or made accessible to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes concerning all services arising from or initiated by contracts concluded with us is the District Court of Kufstein. The exclusive application of Austrian law is agreed upon.

SUBJECT MATTER OF THE CONTRACT

The subject of the contract is the goods specified in more detail in the order and in the order confirmation. For deliveries of Ceratec GmbH (hereinafter referred to as Ceratec), only the following provisions shall apply, the content of which shall be deemed accepted upon placement of the order or acceptance of our offers, order confirmations, and invoices. Other conditions are only permitted in the case of express written consent by Ceratec. The General Terms and Conditions of the client are only recognized in the event of express written consent by Ceratec. Offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated according to the price list valid at the time of the order and are understood to be non-binding net ex works. Shipping costs, in particular packaging, transportation costs, environmental charges, as well as the statutory value-added tax, shall be borne by the client. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities specified in the offer remain unchanged. The prices are calculated based on the cost factors decisive on the day of the offer. In the event of significant changes in the calculation basis, such as exchange rate changes, changes in freight rates, force majeure at our suppliers, etc., we must reserve the right to adjust prices.

DELIVERY, PACKAGING, TRANSFER OF RISK

If no special instructions are given by the customer – the (additional) costs of which shall be borne by the customer – shipping and packaging shall be carried out at Ceratec's discretion, but uninsured (even for carriage-paid deliveries) and at the recipient's expense and risk. The transfer of risk occurs upon provision of the goods. The transport risk therefore always lies with the purchaser. Storage measures for goods on call-off orders shall be at the expense and cost of the purchaser. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on prior performance by the purchaser. In the event of exceeding agreed delivery dates due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. The indication of expected delivery dates is non-binding. Goods ordered on a call-off basis must be accepted within twelve months from the date of the order at the latest. After this period, we are entitled, at our discretion, either to deliver the goods or to cancel the order and demand a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or unjustifiably withdraws from the contract, it is at Ceratec's discretion to insist on fulfillment of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains likewise reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For technical production reasons, we are entitled, in the case of custom-made products, to deliver 10% more or less than the quantity ordered. For custom-made products, only the prices stated in the offer shall apply.

RETENTION OF TITLE

The goods shall remain our property until full payment of the purchase price including any interest and collection costs, and in the case of payment by bill of exchange or check, until the bill of exchange or check has been honored. Extended retention of title is agreed upon. The goods shall also remain our property after processing, transformation, combination, or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to offer them as collateral, or to otherwise transfer them. Should our goods nevertheless be sold by the buyer in violation of this prohibition, our retention of title shall extend to the claims resulting from this sale. In the event of seizure, we must be informed immediately. Attached ownership labels may not be removed until full payment has been made. The buyer's claims against third parties are deemed to have been irrevocably assigned to us immediately upon their creation, and the buyer is obliged, while extended retention of title is in effect, to disclose his customers to us upon request.

PAYMENT

Unless otherwise expressly agreed, our claims are to be paid according to the agreed payment terms. The contractual partner is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us. After expiry of the payment term, we are entitled to charge 12% default interest. In principle, invoicing is carried out only in EURO. The acceptance of bills of exchange or checks is solely at our discretion and always only for payment purposes. All expenses and interest in this context shall be borne by the customer. Furthermore, in the event of default, the customer undertakes to reimburse the dunning costs of a collection agency in accordance with guidelines and/or the costs of a lawyer's reminder.

WARRANTY, DAMAGES

We provide a full warranty for six months from the date of delivery that the delivered goods are free from manufacturing and material defects. It is agreed that the right to warranty must be asserted judicially within six months and that the presumption of defectiveness at the time of delivery does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to notify us in writing without delay of any defect, otherwise warranty claims shall lapse. There are also no warranty claims if Ceratec was incorrectly or incompletely informed about the operational framework and usage conditions of the goods, if these are subsequently changed, or if the purchaser makes changes or repairs to the delivered items without our written consent. In the case of justified complaints, we will either remedy the defects or deliver defect-free goods at our discretion. No further claims under warranty, unless covered by the Product Liability Act, shall exist. Any claim for damages, in particular for consequential damages, loss of profit, as well as personal injury or property damage and damage caused by transfer to third parties, is excluded. Claims for rescission of the purchase or reduction of the purchase price are excluded. Offsetting by the purchaser against claims by Ceratec is excluded.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogs, brochures, and similar, remain our intellectual property and are subject to the protection of the relevant statutory provisions regarding reproduction, competition, etc. They may not be used, reproduced, or made accessible to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes concerning all services arising from or initiated by contracts concluded with us is the Regional Court of Wiener Neustadt. The exclusive application of Austrian law is agreed upon.

SUBJECT MATTER OF THE CONTRACT

The subject of the contract is the goods specified in more detail in the order and in the order confirmation. For deliveries of Gasser GmbH, only the following provisions shall apply, the content of which shall be deemed accepted upon placement of the order or acceptance of our offers, order confirmations, and invoices. Other conditions are only permitted in the case of express written consent by Gasser GmbH. The General Terms and Conditions of the client are only recognized in the event of express written consent by Gasser GmbH. Offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated according to the price list valid at the time of the order and are understood to be non-binding net ex works. Shipping costs, in particular packaging, transportation costs, environmental charges, as well as the statutory value-added tax, shall be borne by the client. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities specified in the offer remain unchanged. The prices are calculated based on the cost factors decisive on the day of the offer. In the event of significant changes in the calculation basis, such as exchange rate changes, changes in freight rates, force majeure at our suppliers, etc., we must reserve the right to adjust prices.

DELIVERY, PACKAGING, TRANSFER OF RISK

If no special instructions are given by the customer – the (additional) costs of which shall be borne by the customer – shipping and packaging shall be carried out at the discretion of Gasser GmbH, but uninsured (even for carriage-paid deliveries) and at the recipient's expense and risk. The transfer of risk occurs upon provision of the goods. The transport risk therefore always lies with the purchaser. Storage measures for goods on call-off orders shall be at the expense and cost of the purchaser. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on prior performance by the purchaser. In the event of exceeding agreed delivery dates due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. The indication of expected delivery dates is non-binding. Goods ordered on a call-off basis must be accepted within twelve months from the date of the order at the latest. After this period, we are entitled, at our discretion, either to deliver the goods or to cancel the order and demand a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or unjustifiably withdraws from the contract, it is at the discretion of Gasser GmbH to insist on fulfillment of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee not subject to judicial moderation in the amount of 15% of the gross order value. The assertion of further damages remains likewise reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For technical production reasons, we are entitled, in the case of custom-made products, to deliver 10% more or less than the quantity ordered. For custom-made products, only the prices stated in the offer shall apply.

RETENTION OF TITLE

The goods shall remain our property until full payment of the purchase price including any interest and collection costs, and in the case of payment by bill of exchange or check, until the bill of exchange or check has been honored. Extended retention of title is agreed upon. The goods shall also remain our property after processing, transformation, combination, or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to offer them as collateral, or to otherwise transfer them. Should our goods nevertheless be sold by the buyer in violation of this prohibition, our retention of title shall extend to the claims resulting from this sale. In the event of seizure, we must be informed immediately. Attached ownership labels may not be removed until full payment has been made. The buyer's claims against third parties are deemed to have been irrevocably assigned to us immediately upon their creation, and the buyer is obliged, while extended retention of title is in effect, to disclose his customers to us upon request.

PAYMENT

Our payment terms are 10 days with a 2% discount or 30 days net without deduction, calculated from the invoice date. After 30 days we are entitled to charge 12% default interest. In principle, invoicing is carried out only in EURO. The acceptance of bills of exchange or checks is solely at our discretion and always only for payment purposes. All expenses and interest in this context shall be borne by the customer. Furthermore, in the event of default, the customer undertakes to reimburse the dunning costs of a collection agency in accordance with guidelines and/or the costs of a lawyer's reminder.

WARRANTY, DAMAGES

We provide a full warranty for six months from the date of delivery that the delivered goods are free from manufacturing and material defects. It is agreed that the right to warranty must be asserted judicially within six months and that the presumption of defectiveness at the time of delivery does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to notify us in writing without delay of any defect, otherwise warranty claims shall lapse.

There are also no warranty claims if Gasser GmbH was incorrectly or incompletely informed about the operational framework and usage conditions of the goods, if these are subsequently changed, or if the purchaser makes changes or repairs to the delivered items without our written consent.

In the case of justified complaints, we will either remedy the defects or deliver defect-free goods at our discretion. No further claims under warranty, unless covered by the Product Liability Act, shall exist. Any claim for damages, in particular for consequential damages, loss of profit, as well as personal injury or property damage and damage caused by transfer to third parties, is excluded. Claims for rescission of the purchase or reduction of the purchase price are excluded. Offsetting by the purchaser against claims by Gasser GmbH is excluded.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogs, brochures, etc., remain our intellectual property and are subject to the protection of the relevant statutory provisions regarding reproduction, competition, etc. They may not be used, reproduced, or made accessible to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes concerning all services arising from or initiated by contracts concluded with us is the District Court of Kufstein. The exclusive application of Austrian law is agreed upon.

SUBJECT MATTER OF THE CONTRACT

The subject matter of the contract consists of the goods specified in detail in the order and in the order confirmation. For deliveries by K. Hoffmann GmbH (hereinafter referred to as Hoffmann), exclusively the following provisions apply, the content of which shall be deemed accepted upon placing the order or upon acceptance of our offers, order confirmations, and invoices. Other conditions are only valid if expressly and in writing agreed to by Hoffmann. The general terms and conditions of the customer will only be recognized in the case of Hoffmann’s express written consent. Offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated based on the price list valid at the time of ordering and are quoted as non-binding net ex works. Shipping costs, in particular packaging, transport costs, environmental charges, and statutory VAT, shall be borne by the customer. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires confirmation, which is also deemed granted through invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities specified in the offer remain unchanged. Prices are calculated based on the costs prevailing on the day of the offer. In the event of significant changes in the basis of calculation, such as exchange rate changes, changes in freight rates, force majeure at our suppliers, etc., we reserve the right to adjust the prices accordingly.

DELIVERY, PACKAGING, TRANSFER OF RISK

If the customer does not issue specific instructions – the additional costs of which are borne by the customer – shipping and packaging shall be at Hoffmann's discretion, but uninsurable (even in the case of free delivery) and at the expense and risk of the recipient. The risk passes to the customer once the goods are made available. The transport risk always lies with the purchaser. Storage measures for goods on call shall be borne by and at the expense of the purchaser. Delivery periods generally begin with the date of our order confirmation unless they depend on prior performance by the purchaser.
If delivery dates are exceeded due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. The indication of estimated delivery dates is non-binding.
Goods ordered on call must be accepted within twelve months of the order date at the latest. After this period, we are entitled, at our discretion, to either deliver the goods or cancel the order and charge a cancellation fee of 15% of the gross order value, which is not subject to judicial mitigation. The right to claim further damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or unjustifiably withdraws from the contract, Hoffmann has the discretion to insist on compliance with the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee of 15% of the gross order value, which is not subject to judicial mitigation. The right to claim further damages remains reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For production-related reasons, we are entitled, in the case of custom-made products, to over- or under-deliver by 10% of the ordered quantity. Only the prices stated in the offer apply to custom-made products.

RESERVATION OF TITLE

The goods remain our property until full payment of the purchase price, including any interest and collection costs. In the case of payment by bill of exchange or check, ownership is retained until the bill or check has been successfully cashed. An extended retention of title is agreed upon. The goods remain our property even after processing, transformation, or combination/installation.
The customer is not entitled to transfer ownership of the goods to third parties, pledge them, offer them as collateral, or otherwise dispose of them.
If our goods are sold contrary to this prohibition, our retention of title extends to the claims arising from such resale by the customer.
We must be notified immediately in the event of any seizure of the goods. Affixed property labels must not be removed until full payment has been made.
The customer's claims against the third party are considered irrevocably assigned to us immediately upon their creation. Upon request, the customer is obliged to disclose their clients to us while the extended retention of title is in effect.

PAYMENT

Our payment terms are net without deduction within 10 days from the invoice date. After 30 days, we are entitled to charge 12% default interest. In principle, invoicing is only in EURO.
The acceptance of bills of exchange or checks is at our sole discretion and is always only for payment purposes. All costs and interest in connection with this are borne by the customer.
In the event of payment default, the customer also undertakes to reimburse the incurred dunning fees of a collection agency according to the guideline and/or the costs of a lawyer’s reminder.

WARRANTY, DAMAGES

We provide a full warranty for six months from delivery that the goods delivered are free from manufacturing or material defects. It is agreed that the right to warranty must be asserted in court within six months, and the presumption of defectiveness at the time of delivery does not apply.
The purchaser is obliged to inspect the goods immediately upon receipt and to notify us of any defect in writing without delay; otherwise, warranty claims are forfeited.
No warranty claims exist if Hoffmann was incorrectly or incompletely informed about the operational framework and usage conditions of the goods, if these are subsequently changed, or if the purchaser makes changes or repairs to the goods we delivered without our written consent.
In the case of justified complaints, we will, at our discretion, either remedy the defects or deliver defect-free goods as replacements. Other warranty claims, unless covered by the Product Liability Act, do not exist.
Any claim for damages, in particular for consequential damages, loss of profit, personal injury, or property damage, and damages caused by third parties, is excluded.
Claims for cancellation of the purchase or reduction of the purchase price are excluded.
The purchaser is not entitled to offset their claims against claims of Hoffmann.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogs, brochures, etc., remain our intellectual property and are subject to the relevant statutory provisions regarding reproduction, competition, etc.
They may not be used, reproduced, or made accessible to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes relating to all services arising from or related to contracts concluded with us is Plettenberg. The exclusive application of German law is agreed upon.

GENERAL TERMS AND CONDITIONS SUBJECT MATTER OF THE CONTRACT

The subject matter of the contract consists of the goods specified in more detail in the order and in the order confirmation. For deliveries by SINTECA HandelsgmbH (hereinafter referred to as SINTECA), exclusively the following provisions apply, the content of which is deemed accepted upon placement of the order or upon acceptance of our offers, order confirmations, and invoices. Other conditions are only permitted with the express written consent of SINTECA. The general terms and conditions of the purchaser shall only be recognized if explicitly approved in writing by SINTECA. All offers are non-binding and without obligation. A contract is only concluded upon written confirmation of the order placed.

PRICES

All prices are calculated according to the price list valid at the time of the order and are quoted non-binding, net ex works. Shipping costs, in particular packaging, transport costs, environmental charges, as well as statutory VAT, shall be borne by the purchaser. Errors and misprints in the price list are reserved. Acceptance of orders based on price lists requires confirmation, which shall also be deemed given by invoicing or delivery. Prices quoted in offers can only be maintained if the quantities and qualities stated in the offer remain unchanged. Prices are calculated on the basis of the cost factors relevant on the day of the offer. In the event of significant changes in the calculation basis—such as exchange rate fluctuations, changes in freight rates, force majeure affecting our upstream suppliers, etc.—we reserve the right to adjust prices accordingly.

DELIVERY, PACKAGING, TRANSFER OF RISK

If no special instructions are provided by the customer—any additional costs thereof being borne by the customer—shipping and packaging shall be carried out at the discretion of SINTECA, but uninsured (including in the case of carriage-paid delivery) and at the expense and risk of the recipient. The transfer of risk shall occur upon provision of the goods. Transport risk is therefore borne solely by the purchaser. Storage measures for goods called off at a later date shall be at the expense and cost of the purchaser. Delivery periods generally begin with the date of our order confirmation, unless they depend on prior obligations of the purchaser. In the event of exceeding agreed delivery dates due to force majeure or other circumstances not negligently caused by us, no claims of any kind may be asserted by the customer. Stated delivery dates are non-binding. Goods ordered on call must be accepted no later than twelve months from the date of the order. After expiry of this period, we are entitled, at our discretion, to deliver the goods or to cancel the order and demand a cancellation fee of 15% of the gross order value, which is not subject to judicial mitigation. The assertion of further claims for damages remains reserved.

WITHDRAWAL, CANCELLATION

If the customer cancels the order or withdraws from the contract without justification, SINTECA reserves the right to insist on fulfilment of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any event obliged to pay a cancellation fee of 15% of the gross order value, which is not subject to judicial mitigation. The assertion of further claims for damages also remains reserved.

DELIVERY OF CUSTOM-MADE PRODUCTS

For manufacturing reasons, we are entitled in the case of custom-made products to deliver up to 10% more or less than the ordered quantity. For custom-made products, only the prices stated in the offer apply.

RETENTION OF TITLE

The goods remain our property until full payment of the purchase price together with any interest and collection costs; in the case of payments by bill of exchange or cheque, until such instruments are honored. An extended retention of title is agreed. The goods remain our property even after processing, transformation, combination, or installation. The customer is therefore not entitled to transfer ownership of the goods to third parties, to pledge them, to use them as security, or otherwise assign them. Should our goods nevertheless be sold by the purchaser contrary to this prohibition, our retention of title shall extend to the purchaser’s claims arising from such resale. In the event of garnishments, we must be notified immediately. Attached ownership labels may not be removed until full payment has been made. The purchaser’s claims against third parties are deemed irrevocably assigned to us upon their origin, and the purchaser is obliged, in the event of an active extended retention of title, to disclose his customers to us upon request.

PAYMENT

Our payment terms are 10 days with a 2% discount or 30 days net without deduction, calculated from the date of invoice. After 30 days, we are entitled to charge 12% default interest. New customer orders with a goods value of less than € 1,000.00 require prepayment. All invoices are issued in EURO. Acceptance of bills of exchange or cheques is solely at our discretion and is always on account of payment only. All associated fees and interest shall be borne by the customer. In the event of default, the customer undertakes to reimburse any collection charges in accordance with applicable guidelines, as well as the costs of legal reminders.

WARRANTY, DAMAGES

We provide full warranty for a period of six months from delivery that the goods supplied are free from manufacturing or material defects. It is agreed that the right to warranty must be asserted in court within six months and that the presumption of defectiveness at the time of delivery does not apply. The purchaser is obligated to inspect the goods immediately upon receipt and to report any defect in writing without delay; otherwise, all warranty claims shall lapse. No warranty claims shall exist if SINTECA was incorrectly or incompletely informed about the operating conditions and intended use of the goods, if such conditions are subsequently changed, or if the purchaser makes changes or repairs to the items delivered by us without our written consent. In the case of a justified complaint, we will, at our discretion, either remedy the defect or supply defect-free replacement goods. No other claims under warranty exist, unless covered by the Product Liability Act. Any claims for damages, in particular consequential damages, loss of profits, as well as personal injury or property damage, and damages arising from passing goods to third parties, are excluded. Claims for rescission of the purchase or reduction of the purchase price are excluded. Set-off by the purchaser against claims of SINTECA is excluded.

COPYRIGHT, PATENT, DESIGN, AND TRADEMARK RIGHTS

Plans, drawings, sketches, and other technical documents, as well as samples, catalogues, brochures, and similar materials, remain our intellectual property and are subject to the relevant statutory provisions on reproduction, competition, etc. They may not be used, reproduced, or made available to third parties without our written consent.

PLACE OF JURISDICTION, PLACE OF PERFORMANCE

The place of performance and the agreed exclusive place of jurisdiction for all disputes arising out of or in connection with contracts concluded with us or initiated with us is the District Court of Korneuburg. Austrian law shall apply exclusively.