{"id":63,"date":"2024-05-29T12:39:46","date_gmt":"2024-05-29T12:39:46","guid":{"rendered":"https:\/\/www.deisenhammer.at\/?page_id=63"},"modified":"2024-06-17T13:07:04","modified_gmt":"2024-06-17T13:07:04","slug":"agbs","status":"publish","type":"page","link":"https:\/\/www.deisenhammer.at\/en\/agbs\/","title":{"rendered":"general terms and conditions"},"content":{"rendered":"
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general terms and conditions<\/h1>\n
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    \u00a01. decisive conditions<\/strong>
    The legal relationship between us and the buyer shall be governed by these terms and conditions and other agreements made. Amendments and supplements must be made in writing. Other general terms and conditions shall not apply unless a separate agreement has been made in individual cases.<\/p>\n

    2. offers<\/strong>
    Our offers are always and in all parts subject to change. All documents belonging to the offer, such as illustrations, drawings, type, weight, dimension and model specifications, etc., are only approximate unless they are expressly designated as binding.
    We reserve the right of ownership and copyright to cost estimates, drawings and other documents. They may not be made accessible to third parties without our consent. Drawings and other documents belonging to offers must be returned to us at our request if the order is not placed.<\/p>\n

    3. orders<\/strong>
    All orders as well as changes and additions to them must be made in writing. Orders placed are irrevocable. Agreements or promises made verbally or by telephone are non-binding unless confirmed by us in writing. Conditions of the buyer are only binding insofar as they have been recognized by us in writing.
    The buyer may only demand changes to the design and execution of the delivery item if they are reasonable. An amicable agreement must be reached on their effects, in particular with regard to their additional or reduced costs.<\/p>\n

    4. prices<\/strong>
    Unless otherwise agreed, our prices are ex works, excluding packaging, plus VAT at the statutory rate.
    Should there be any changes in material and labor costs or other costs between order confirmation and delivery of the goods, we shall be entitled to demand corresponding price adjustments.<\/p>\n

    5. delivery<\/strong>
    Delivery dates and deadlines are only binding after agreement. The delivery period shall not commence before the release of samples, the provision of order documents and drawings or the provision of any installation parts.
    In the event of any delays in delivery, a reasonable subsequent delivery period shall be agreed. Claims for damages by the buyer shall be excluded. The delivery quantities may be exceeded or fallen short of by up to 10%. All shipments shall be made at the expense and risk of the buyer, unless we have taken out transport insurance at the buyer's expense and invoiced it to the buyer or other agreements have been made.
    The risk shall pass to the buyer at the time when the goods leave our factory, even if partial deliveries are made.
    The choice of shipping route and shipping method shall be at our discretion, unless other agreements have been made. The notification of readiness for shipment shall be deemed equivalent to delivery.<\/p>\n

    6. force majeure<\/strong>
    Force majeure, labor disputes, civil unrest, official measures and other unforeseeable, unavoidable and serious events shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the affected contractual partner is in default. The contractual partners are obliged to provide the necessary information without delay within the scope of what is reasonable and to adapt their obligations to the changed circumstances in good faith.<\/p>\n

    7. payment<\/strong>
    Payments are to be made free of postage and charges to the account specified by us. Discount charges and interest shall be charged to the buyer. For payments of any kind, the day on which we can dispose of the amount shall be deemed the day of performance. Incoming payments shall be offset at our discretion, generally against the oldest outstanding items. Unless otherwise agreed and contractually stipulated, our invoices are due net 30 days after invoicing. We grant a 2% discount for payment within 14 days of invoicing. Offsetting or retention due to any counterclaims is excluded, unless the counterclaim is undisputed or has been legally established. If the due date is exceeded, we shall charge interest on arrears at a rate of 5% above the respective base interest rate in accordance with \u00a7 1 of the Discount Transition Act of June 9, 1998.<\/p>\n

    8. secrecy<\/strong>
    The business partners undertake to treat all non-public commercial and technical details that become known to them through the business relationship as business secrets. Drawings, models, samples and similar objects may not be handed over or made accessible to unauthorized third parties. The reproduction of such objects is only permitted within the scope of operational requirements and copyright regulations.<\/p>\n

    9. tool procurement and use<\/strong>
    The tool costs and tool cost shares stated in our quotations are guide prices. Modification costs incurred during production or after completion of the tool will be charged subsequently.
    For tools manufactured in our own or a third party's workshop, 50% of the customer's mold costs will be invoiced upon placement of the order and the remaining 50% net after approval, but no later than 30 days after sample delivery. Payment does not cancel our right of ownership to the tool. Punching tool costs and costs for test tools and pre-forming tools are not amortized.
    Tools provided by the client and owned by the client must be delivered carriage paid.
    Repairs and replacement of molds that become necessary in the course of use due to natural wear and tear are to be paid for by the customer.<\/p>\n

    10. built-in parts<\/strong>
    If installation parts are provided by the customer, these must be delivered free works in good time and in perfect condition to allow normal production. We accept no responsibility for the dimensional accuracy of these parts. In terms of quantity, an allowance of 10% is required for any rejects.<\/p>\n

    11. warranty<\/strong>
    Our deliveries are made in accordance with the recognized rules of technology and the agreements made. The type and scope of article inspections as well as the test equipment and methods shall be agreed.
    The quality of the values and design specified by us shall be determined by the reference samples approved by the buyer. We must be notified immediately in writing of any defects in the deliveries that have been identified in the ordinary course of business.
    We shall be liable for defects in the delivery recognized by us, including the absence of expressly warranted characteristics, to the exclusion of further claims against us or our vicarious agents and assistants, in such a way that we shall immediately make a replacement delivery free of charge, taking back the goods complained about. Any further liability shall only apply if it has been agreed in writing.
    Warranty claims shall not arise in particular if the defect is attributable to violation of operating, maintenance and installation instructions, unsuitable or improper use, faulty or negligent handling, natural wear and tear or tampering with the delivery item by the purchaser or third parties. Unless otherwise agreed, the warranty shall be governed by the statutory provisions.
    Warranted characteristics shall only apply if they have been designated as such in writing.<\/p>\n

    12. protective rights<\/strong>
    We shall only be liable for claims arising from a possible infringement of third-party property rights if this has been contractually agreed in advance between us and the buyer.
    Such an agreement can only extend to property rights of which at least one from the property right family has been published in Austria or by the European Patent Office.<\/p>\n

    13. reservation of ownership<\/strong>
    Wir behalten uns das Eigentum an der Kaufsache bis zum Eingang aller Zahlungen aus dem Liefervertrag vor. Bei laufender Rechnung gilt das vorbehaltene Eigentum als Sicherung f\u00fcr die Saldoforderung. Bei vertragswidrigem Verhalten des K\u00e4ufers, insbesondere bei Zahlungsverzug, sind wir berechtigt, die Ware zur\u00fcckzunehmen. In der Zur\u00fccknahme der Ware durch uns liegt kein R\u00fccktritt vom Vertrag, es sei denn, wir h\u00e4tten dies ausdr\u00fccklich schriftlich erkl\u00e4rt. In der Pf\u00e4ndung der Ware durch uns liegt stets ein R\u00fccktritt vom Vertrag. Wir sind nach R\u00fccknahme der Ware zu deren Verwertung befugt, der Verwertungserl\u00f6s ist auf Verbindlichkeiten des K\u00e4ufers - abz\u00fcglich angemessener Verwertungskosten - anzurechnen.
    The buyer is obliged to treat the goods with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft at replacement value.
    In the event of seizure or other interventions by third parties, the buyer must inform us immediately in writing.
    The buyer is entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the goods have been resold without or after processing. The buyer shall remain authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the buyer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
    The processing or transformation of the goods by the buyer is always carried out on our behalf. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.
    If the goods are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer shall transfer co-ownership to us on a pro rata basis. The buyer shall keep the sole ownership or co-ownership thus created for us.
    The buyer also assigns to us the claims to secure our claims against him which arise against a third party through the combination of the goods with a property.
    We undertake to release the securities to which we are entitled at the buyer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; we shall be responsible for selecting the securities to be released.<\/p>\n

    14 General provisions<\/strong>
    The place of performance is Gunskirchen, unless otherwise agreed.
    Should a provision of these terms and conditions and the other agreements made be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties are obliged to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision.
    Unless otherwise agreed, the law of the Republic of Austria shall apply exclusively.
    The application of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) is excluded.
    Place of jurisdiction is Wels.<\/p><\/div>\n\t\t\t<\/div>

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