General terms and conditions of Gasser Gießereitechnologie GmbH
The subject of the contract are the goods specified in the order and in the order confirmation. The following provisions apply exclusively to deliveries by Gasser Gießereitechnologie GmbH (hereinafter referred to as Gasser), the content of which is deemed to be accepted when the order is placed or when our offers, order confirmations and invoices are accepted. Other conditions are only permitted with the express written consent of Gasser. General terms and conditions of the client are only recognized in the event of Gasser's express written consent. Offers are non-binding. A contract is only concluded with a written confirmation of the order placed.
All prices are calculated according to the price list valid at the time of the order; they are non-binding and net ex works. Shipping costs such as packaging, transport costs, environmental charges and statutory VAT are borne by the client. Errors and misprints in the price list are reserved. The acceptance of orders based on price lists requires a confirmation, which is also deemed to have been issued through invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities stated in the offer remain unchanged. The prices are calculated on the basis of the decisive costs on the day of the offer. In the event of significant changes in the calculation basis, such as changes in exchange rates, changes in freight tariffs, force majeure at our sub-suppliers, etc., we reserve the right to adjust the prices.
DELIVERY, PACKAGING, TRANSFER OF RISK:
If no special instructions are given by the customer - the (additional) costs of which are to be borne by the customer, shipping and packaging will be carried out at Gasser's discretion, but uninsured (also for postage paid delivery) and at the recipient's expense and risk. The transfer of risk takes place as soon as the goods are made available. The customer therefore bears the transport risk in any case. Storage measures for goods on demand are borne by and at the expense of the customer. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on advance payments by the customer. If the agreed delivery dates are exceeded due to force majeure or other circumstances for which we are not negligent, no claims of any kind can be made on the part of the customer. The indication of expected delivery dates is non-binding. Goods ordered on call must be accepted no later than twelve months from the date of the order. After this period has expired, we have the right, at our option, to either deliver the goods or cancel the order and demand a cancellation fee of 15 % of the gross order value, which is not subject to the judicial right of moderation. The right to claim further damages remains reserved.
If the customer cancels the order or withdraws from the contract without authorization, it is at Gasser's discretion to insist on keeping the contract closed or to accept the cancellation or withdrawal. In the latter case, the customer is obliged to pay a cancellation fee of 15 % of the gross order value, which is not subject to the judicial right of moderation. The right to claim additional damages is also reserved.
DELIVERY OF CUSTOM PRODUCTS
For manufacturing reasons, we are entitled to over- or under-deliver 10 % of the ordered quantity for custom-made products. In the case of custom-made products, only the prices in the offer apply.
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 bill or check payments until the bill or check has been redeemed. Extended retention of title applies as agreed. The goods remain our property even after processing, remodeling, connection or installation. The customer is therefore not entitled to transfer the goods to third parties, to pledge them, to offer them as security or to surrender them in any other way. If, contrary to the prohibition, our goods are sold by the buyer, our retention of title extends to the buyer's claims resulting from this sale. We are to be informed immediately in the event of attachment of the same. Affixed property signs may not be removed until full payment has been made. The buyer's claims against the third party are deemed to have been irrevocably assigned to us immediately after they arise and the buyer is obliged to inform us of his customers upon request if the extended retention of title is in force.
Our terms of payment are 10 days 2 % discount or 30 days net without deduction, calculated from the invoice date. After 30 days we are entitled to charge 12 % interest on arrears. Basically, only in EURO will be charged. Acceptance of acceptances or checks is entirely at our own discretion and is always only on account of payment. All expenses and interest in this connection are borne by the customer. In the event of default in payment, the customer also undertakes to reimburse the dunning fees incurred by a debt collection agency in accordance with the guidelines and / or the costs of legal reminders.
For a period of six months from delivery, we fully guarantee that the goods delivered are free from manufacturing or material defects. It is agreed that the right to a warranty must be asserted in court within six months and the presumption of deficiency upon delivery does not apply. The customer is obliged to check the goods immediately upon receipt and to notify any defects in writing without delay, otherwise warranty claims will expire. There are also no warranty claims if Gasser was incorrectly or incompletely informed about the operational framework and conditions of use of the goods, if these are subsequently changed or if the customer makes changes or repairs to the items we have delivered without our written consent. In the event of a justified complaint, we can choose to either remove the defects or to deliver goods free of defects as an alternative. There are no other claims from the title of the warranty, provided they do not fall under the Product Liability Act. Any claim under the title of compensation, in particular for consequential damage, loss of profit as well as personal or property damage and damage caused by passing on to third parties. Claims for conversion of the purchase or a reduction in the purchase price are excluded. Offsetting by the customer against claims by Gasser is excluded.
COPYRIGHT, PATENT, DESIGN AND TRADEMARK RIGHTS
Plans, drawings, sketches and other technical documents as well as samples, catalogs, brochures and the like remain our intellectual property and are subject to the protection of the relevant statutory provisions with regard to reproduction, competition, etc. They may not be used, reproduced or third parties without our written consent be made accessible.
JURISDICTION, PLACE OF PERFORMANCE
The place of fulfillment and agreed and exclusive place of jurisdiction for all disputes regarding all services from the contracts concluded or initiated with us is the BG Kufstein. The exclusive application of Austrian law is agreed.