Terms

GENERAL CONDITIONS OF SALES; SUPPLY AND PAYMENT

1) General
a) The following general conditions of Sales, Supply and Payment apply exclusively to all current and future transactions within our business relationship.
b) The customer accepts with the first order that all our offers, orders and contracts are subject to the following Sales, Supply and Payment Conditions even where they are not expressly referred to later in permanent business relations.
c) Any terms differing from these conditions will only be valid when they receive our explicit and prior written agreement. Other terms agreed upon with our sales representative are only valid when confirmed by writing.

2) Offers, orders, prices
a) All agreements shall not be deemed accepted until confirmed by our written order confirmation.
b) Quotations are without engagement subject to technical change without prior notice.
c) Acceptance of orders may depend upon advance payment or provision of surety.
d) The buyer has to provide for a current supply produced by an authorized company.
e) Prices of our appliances, spare parts and accessories are without engagement, VAT still to add and are calculated according to the valid price list or prices of the day.

3) Payment conditions
a) All payments have to be made either in advance or cash on delivery without any deduction according to our choice and fall due with date of issue of invoice if not otherwise agreed. In the case of a payment period the period starts with the date of invoice.
b) After expiry of the period for payment, we are entitled to charge default interests of 12 % p.a. and charges for expenses collection and payment reminders.
c) The customer is not entitled to assert a right of retention with respect to our claims or to set off counter-claims where they have not been expressly admitted by us or recognized by declaratory judgment. In the case of open account invoicing a payment is effected for the longest due debt.
d) In the event of default in payment on the part of the customer all the debts fall due immediately.

e) We are entitled to use payments effected for older debts. Furthermore we have the right to credit payments against charges, then against interest and then against capital when costs for the outstanding money are already occurred

4) Retention of Title
We retain title to the goods supplied until all our claims resulting from the business relationship have been discharged in full, regardless of the cause in law. Any processing of our products supplied is not allowed within retention of title period. In the case of further processing or sale of our products to a third party the retention of title shall also apply onto claims for sales price or for usage of the customer against a third party. The customer irrevocably assigns to us already in advance the claims arising against its purchaser or any third party. In the case of prolonged retention of title the customer is obliged to inform us on the purchaser. The customer shall, upon request, be obliged to notify the third party debtors of the assignment to us. In the case of attachment or any further processing of our products the customer is obliged to allude to the retention of title and has to inform us within 24 hours by registered mail. We have the right to charge our customer with a penalty fee of Euro 1.500,00 for any violation of these obligations.

5) Packing and dispatch
Our delivery terms are ex works if not otherwise agreed. The risks out of the transport is borne by the customer.

6) Delivery terms
a)The indicated delivery terms are without engagement from our part. The delivery period stated starts with the day on which the order becomes legally binding.
b)The delivery period shall be deemed to have been observed, if, at its expiry, the goods to be delivered have left the factory or warehouse or the customer has been notified of the goods' readiness for collection or dispatch. We will endeavour to comply with agreed delivery periods under reserve of unforeseen events e.g. vis major, other interruptions of business etc..
c) The buyer is obliged to accept partial delivery or partial performance.

7) Warranty/Guarantee
a) Our customer is obliged to check the condition of the goods immediately upon receipt. We do not take over any liability for damages during transport.
b) Warranty has already been compensated with export prices. However we shall be at liberty to provide spare parts free of charge within 6 months from date of purchase. In any case the customer has no right for compensation of repair costs.

8) Returns
Return of goods is only possible by prior written agreement.

9) Cancellation of contract
a) The cancellation of an order is only possible until reception of written order confirmation. We have the right to charge our customer with a cancellation fee for the amount of 10 % of original sales price plus all extra costs incurred. Customized goods are exempt from cancellation. In case of cancellation of an order or contract it is agreed upon that built-in appliances may be removed at the customer's cost.
b) If we get information on limited credit- worthiness of a customer before delivery of goods, we are entitled to ask for advance payment regardless of prior terms of payment. Unless this payment in advance is effected within the stipulated period of time, we have the right to cancel the contract. The customer has to replace all extra charges incurred.

10) Place of Performance and Jurisdiction
a) Place of the performance and jurisdiction for both parties to the contract is A-5020 Salzburg. Legal relations with our customers are governed solely by the laws of the Austrian Republic, whereby the application of the United Nations Convention on Contracts for the International Sales of Goods or other international conventions concerning the sales of goods is excluded.
b) In the case of non-validity of parts out of the contract or Sales, Supply and Payment conditions the applicable conventions are reduced to the corresponding legally permitted contents. The other parts out of the contract or Sales. Supply and Payment conditions remain unaffected.