General terms and conditions of business
1. General: These general terms and conditions form an integral part of all purchase contracts concluded with Dipl.Ing. Ernst Krystufek GmbH&CoKG, hereinafter referred to as KRYSTUFEK. Orders placed are deemed to be acceptance of our terms and conditions of sale. General terms and conditions of the buyer and conditions stipulated on orders that differ from the following are not accepted by KRYSTUFEK and do not form the basis of the contract. A special written rejection of differing conditions on a case-by-case basis is not necessary. Agreements that deviate from the following conditions require our express written confirmation to be valid.
2. Withdrawal and cancellation fee: The buyer may only withdraw from concluded purchase contracts with our express consent. If goods have already been delivered, KRYSTUFEK is entitled, at its own discretion, to demand either the full purchase price or, if the goods are returned, a cancellation fee of 20% of the purchase price, but at least EUR 20. Exchanges or returns of delivered goods are therefore only permitted with our prior written consent. The buyer must return the goods to us free of charge. Special designs, structurally overhauled and/or already assembled items cannot be exchanged or returned.
3. Prices: The list prices are minus any agreed discount rate for delivery unpacked from the Vienna warehouse, excluding VAT. List and offer prices are calculated based on the respective purchase prices and currency parities. Since our suppliers usually only offer us "subject to change prices", we are entitled to pass on any cost increases that may arise between the time of calculation and the time of delivery in the same proportion. The prices charged are those valid on the day of delivery, even for partial or final deliveries. For orders with a net value of less than EUR 60, a processing surcharge of EUR 10 per order will be charged.
4. Payment: The buyer's payment must be made within 30 days of the invoice date, regardless of the date of receipt of the goods, without any deductions and free of charge to the supplier's payment office. For new customers, delivery is only made cash on delivery or against cash payment. In the event of late receipt and late payment, we are entitled to charge 12% interest per annum. In addition, the buyer is obliged to fully reimburse us for all other expenses and costs incurred as a result of his default (debt collection agency, lawyer, etc.). The buyer, who is an entrepreneur within the meaning of Section 1 of the Consumer Protection Act, waives the right to offset alleged counterclaims against the purchase price.
5. Retention of title: All items purchased and handed over to the buyer remain our property until the purchase price and all liabilities against us - including those that arise later - have been paid in full. If purchased items are installed but not paid for on time, we are entitled to demand that these items be removed and returned to us at any time at the buyer's expense, even if such a request is prevented by economic or technical difficulties due to installation. As long as we retain ownership, the buyer may not sell, pledge, rent or otherwise give the purchased goods to third parties without our written consent. If the customer becomes the owner of the items that are subject to our retention of title through processing or mixing, he hereby transfers ownership of the resulting items to us to secure the aforementioned claims, with the simultaneous agreement that he will keep them for us. The customer is entitled to sell the items in the ordinary course of business. The claims against third parties arising from the resale are transferred to us as security. The customer is only authorized to collect this claim on his own account as long as he duly meets his payment obligations to us.
6. Deliveries are carried out according to our possibilities, usually from stock. For goods not in stock, the delivery time depends on the possibilities of the respective delivery plant. Delivery times for items not in stock are given to the best of our ability or based on information from the delivery plants, but are not binding. Since we have little influence on the date of receipt of the goods ordered by us from our delivery plants, we must reject any penalty obligations. Likewise, we do not accept any claims for compensation for delayed deliveries. Force majeure (fire, strike, accident, border and customs difficulties, etc.) releases us from the delivery obligation.
7. Complaints: If our deliveries do not meet our requirements in terms of flawless material and workmanship, we will provide replacements free of charge within a reasonable delivery time after receiving the items and quantities that have been complained about and that have been approved by us. All complaints and notices of defects must be notified to us in writing within 8 days of receipt of the goods, otherwise the rights will be lost. The rectification of defects that are reported later than within 8 days are no longer covered by our warranty obligation.
8. Warranty: The warranty is valid for 24 months from the delivery date. Our warranty obligation is void if the purchased items have not been used or assembled properly. Price reductions and conversions are excluded as soon as we exchange goods that are free of defects. If the buyer does not meet his payment obligations to us or does not meet them on time, our obligation to provide a warranty for defective goods is void. In such a case, the warranty period is neither suspended nor interrupted. The granting of a retention for any warranty claims against us, in particular by withholding partial amounts from the invoices, is expressly excluded unless we agree to this in writing. Any liability beyond the exchange of defective items, warranties for consequential damages and/or those that go beyond the provisions of the Product Liability Act are excluded for us. All claims for damages by third parties against us are also expressly excluded.
9. Illustrations and descriptions as well as dimensions and technical data correspond to the circumstances or intentions at the time of printing the list or other order documents. We reserve the right to make changes of any kind, particularly as a result of technical progress, economic implementation or similar.
10. Shipping: From the time of dispatch to the buyer or handover to the forwarding agent or carrier or from the time of default in acceptance, the buyer bears the risk of loss or damage to the purchased goods. Unless the buyer specifies specific instructions, shipping is always uninsured and at the buyer's discretion. Additional costs for insurance, surcharges for express delivery, etc. are borne by the buyer.
11. General: Unless otherwise specified above, the General Terms and Conditions of Delivery of the Austrian Electrical Industry Association shall apply with regard to the delivery time, the transfer of risk, the acceptance of the goods and the fulfilment of liability for defects in the delivery, the rights of the purchaser and the supplier as a result of withdrawal or reduction, the arbitration proceedings, the transferability and the obligations of the contract.
12. Place of jurisdiction and applicable law: The place of performance for delivery and payment as well as the place of jurisdiction for all disputes in connection with the delivery or its payment is exclusively the competent commercial court in Vienna for both contracting parties. Austrian law applies to the legal relationships between the buyer and KRYSTUFEK. The above delivery and sales conditions are valid from October 15, 2006.
