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Terms & Conditions

English, 180905

 

 

  • These Terms and Conditions apply to all contracts concluded between us and your company (also “customer”), whether in writing or verbally. Deviating provisions are only valid if they have been agreed between us and you in writing. You agree that in the event that you use your Terms and Conditions, in doubt solely ours shall apply, even if we do not object to your terms and conditions.

 

  • All agreements, subsequent amendments, supplements, subsidiary agreements etc. must be in writing to be valid (e-mail is sufficient). This shall also apply to any deviation from the requirement for written form. Oral information or information via telephone provided by our staff shall be deemed non-binding. Any technical advice provided by our staff is given to the best of our knowledge and on the basis of technical documents and information provided from our suppliers, but shall not constitute a binding commitment.

 

  • The goods shall remain our property until full payment including all ancillary claims. In the event of even only partial delay in payment, we are entitled to collect the goods at the customer’s expense after setting a period of grace of at least 14 days.

 

  • The goods must be inspected immediately after delivery. Any defects discovered must be reported to us in writing without delay, in any event no later than 4 days after delivery. Otherwise the goods shall be deemed to have been approved.

 

  • Warranty claims against us shall only exist to the extent that we have a corresponding claim against our presupplier. All warranty claims against us shall be asserted within 6 months. The customer must prove that the defect was present at the time of delivery. This shall not affect any guarantee claim against the manufacturer. Any liability shall become time-barred within 6 months after being aware of the damage and the party causing the damage, but in any case within one year of rendering the service or delivery.

 

  • We shall only be liable if at least gross negligence on our part is proven. Excluded from this are personal injuries, for which we are also liable in the case of slight negligence.

 

  • In particular, we shall not be liable for indirect damages, loss of profit, loss of interest, omitted savings, consequential and financial damages or damages arising from claims of third parties. This shall also apply in particular in the event of delivery of defective goods or delay in delivery.

 

  • If the customer does not fulfill his obligations relevant to the contract in due time (e.g. default in payment), we may insist on the performance of the contract or withdraw from the contract by setting a deadline of at least 14 days. A down payment of up to 15% of the order sum made by the customer can be retained as a contractual penalty in the event of justified withdrawal. The assertion of further damages is unaffected by this.

 

  • Should relevant calculation bases change disadvantageously for us after conclusion of the contract (e.g. raw material/material prices, transport or financing costs, etc.), we shall be entitled to adjust the prices accordingly or to withdraw from the contract.

 

  • In the event of a refusal to accept or delay in acceptance, reasonable storage fees, but at least € 200,– per commenced calendar week, shall be charged. In case of default of payment we are entitled to charge default interest of 9% per annum as well as reasonable collection costs (reminder, collection and lawyer’s fees).

 

  • A set-off against our claims with counterclaims of any kind whatsoever is excluded. Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an adequate part.

 

  • Austrian substantive law shall apply exclusively, excluding the United Nations Conventions for the International Sale of Goods (CISG). The contract language is German. The place of jurisdiction is the competent court for St. Poelten, Austria.

 

  • Any recourse claims against us under the title “Product Liability” (PHG) are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere of responsibility and was at least caused by gross negligence.

 

  • Should any provision of these Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of all other provisions. The contracting parties shall replace the legally ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the content and purpose of the original provision.

 

 

 

Eumatex GmbH

englisch version