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- General Sales and Delivery Conditions
GENERAL SALES AND DELIVERY CONDITIONS
- 1. General terms
- 2. Prices
- 3. Period of Delivery
- 4. Completion and Dispatch
- 5. Construction specifications
- 6. Permanent completion and completion transfer
- 7. Acceptance
- 8. Liability for defects
- 9. Terms and Conditions of Payment
- 10. Retention of title and proprietary rights
- 11. Force Majeure
- 12. Place of delivery and court of jurisdiction
- 13. Validity of these conditions
- 14. Mechanical and Thermal Hired Labour
- 15. Charging and Company Settlement Clause
- 16. Foreign Trade Law
1. GENERAL TERMS
Stahl Judenburg GmbH`s bids shall be subject to alteration and not binding. All completions and agreements shall only be binding for Stahl Judenburg GmbH upon Stahl Judenburg GmbH`s written approval. This shall also apply to agreements on the part of Stahl Judenburg GmbH`s representatives. Stored products shall be subject to prior sales.
2. PRICES
Stahl Judenburg GmbH`s prices stated in the bids are only valid for one month (receipt of order Stahl Judenburg GmbH`s premises) unless expressly referred to otherwise. Any verbal bids of Stahl Judenburg GmbH`s employees are not legally valid, unless they have been confirmed in writing or by fax.
3. PERIOD OF DELIVERY
The stated delivery periods are subject to alteration which means they are not legally binding. Any claims for damages in regard to delivery periods are therefore exempt. The Purchaser is not entitled to send back part-deliveries and deliveries that have taken place before the delivery period has expired.
4. COMPLETION AND DISPATCH
Dispatch of Stahl Judenburg GmbH`s products shall be in accordance with the most recent valid Incoterms. Stahl Judenburg GmbH choose the dispatch route, means of transport and protection excluding any liabilities. However, the Purchaser`s requirements shall be taken into consideration when possible. Goods notified as ready for dispatch shall be called up immediately by the Purchaser. Stahl Judenburg GmbH are entitled otherwise to store the goods at the expense and risk of the Purchaser and to invoice delivered ex works with immediate effect. Packing and packaging shall be calculated at prime costs and any returns are not-refundable.
5. CONSTRUCTION SPECIFICATIOS
In regard to quality, dimension and weight, relevant standard norms apply, insofar that there are no other agreements. The weight, amount of pieces or metreage determined in the delivery supplier shall form the basis of the account, provided no railroad weighing has been eypressly agreed. The calculation of shipping costs shall be based on the total weight and shall apply to any mode of transport. Any potential difference ragarding the total amount versus the sum of the individual weights shall be divided proportionally. When an exact manufacture in regard to weight or number of pieces is not possible, in accordance with the production process, Stahl Judenburg GmbH reserve the right to increase deliveries in regard to the usual order amounts.
6. PERMANENT COMPLETION AND COMPLETION TRANSFER
For the conclusion of contracts regarding part-deliveries over a longer period, delivery requests and corresponding specifications for approximately equal monthly parts are pre-requisites. If there is no timely delivery request and specification, Stahl Judenburg Gmbh are entitled, after having set an extension, which the Supplier has failed to achieve, to specify and to deliver the goods. Stahl Judenburg GmbH are at liberty though to withdraw from the outstanding remainder of the conclusion and/or to claim damages due to non-fulfilment of the contract. If the contract amount is exceeded through delivery requests of the Purchaser, Stahl Judenburg GmbH are entitled to delivery of the excess at the daily price valid at delivery request, but not bound by it.
7. ACCEPTANCE
If an acceptance has been agreed by the customer or his agent it can only take place at the delivery works immediately after the notification of readiness for shipment, unless otherwise agreed, at the cost of the Purchaser. Where the acceptance does not take place at all, in time, or incompletely, Stahl Judenburg GmbH are entitled to dispatch the goods without acceptance or to store them at the expense and risk of the Purchaser. The goods shall be deemed delivered as per contract on their dispatch or storage.
8. LIABILITY FOR DEFECTS
Stahl Judenburg GmbH`s guarantee applies to open deficiencies, as well as deficiencies that are not apparent at the time of delivery and that are baser on faulty material and/or workmanship. Stahl Judenburg GmbH assume the guarantee for products that have been delivered insofar as pieces that are proven to have material or manufacturing defects that exclude usability to waive or rebate the calculated price. Obvious defects shall be nitified immediately on discovery; with other defects a guarantee shall be brought to bear within 8 days of being made known and at the latest within six months, calculated from the point of delivery. Stahl Judenburg GmbH`s guatantee does not apply to defects that have arisen from inappropriate treatment, excessive force, or natural wear of the goods.The guarantee does not apply to any consequential damage. Stahl Judenburg GmbH are at liberty, in regard to accepted notices of defect, to either deliver a replacement free of costs, to repair the faulty merchandise or to issue a refund to reflect the lesser value of the merchandise where the defect does not prevent the ordinary use of the goods. If the Purchaser does not afford Stahl Judenburg GmbH the opportunity to view the defective goods or does not immediately provide the defective goods or sufficient samples at Stahl Judenburg GmbH`s particular request, any right to claims are null and void. Claims over and above that are exempt, particularly in regard to a replacement of direct or indirect damages and/or loss of profit. The existence of notices of defect does not entitle the Purchaser to reduce or to withhold invoiced amounts independently.Prodution of whatever type of item, that are ordered by the costumer, are only subject to guarantee to the extent of the documented specifications being verifiably not in accordance.
9. TERMS AND CONDITIONS OF PAYMENT
Stahl Judenburg GmbH`s accounts, including those for part-derlieveries shall be paid in cash and wothout cash discount deduction, 14 days at the latest, after the date of invoice. Bank Drafts are not acceptable. In case of late payment the Purchaser shall be invoiced for interest on arrears of 1 % on top of capital credit interest stipulated by by the major Austrian banks.Non-compliance of the payment conditions and terms, or circumstances which put in doubt the credit worthiness of the Purchaser, shall immediately lead to the fulfilment of all claims regarding Stahl Judenburg GmbH. Stahl Judenburg GmbH shall be further entitled to carry out deliveries still outstanding only against pre-payment, withdraw from the contract and claim compensation due to non-fulfilment. The withholding of payment terms or conditions agreed at the conclusion of business, to demand a guarantee prior to dispatch for the fulfilment of payment obligations and to cancel the contract in case of refusal.
10. RETENTION OT TITLE AND PROPRIETARY RIGHTS
The delivered goods shall remain Stahl Juenburg GmbH`s property until all financial obligations of the Purchaser have been fulfilled, irrespective of legal basis.
11. FORCE MAJEURE
In cases of force majeure such as strikes, buiness restrictions, transport delay, civil service decrees, supply difficulties regarding electricity, raw materials and fuel to Stahl Judenburg GmbH`s premises, Stahl Judeburg GmbH are entitled to halt delivery for tje duratio of the impediment and add appropriate lead time, or to withdraw from the contract with regard to the unfulflled part. The Purchaser is not entitled to a clam for damages. The Purchaser an demand a declaration from Stahl Judeburg GmbH whether Stahl Judenburg GmbH want to withdraw or to deliver within an appropiate period. If Stahl Judenburg GmbH do not issue a declartion, the Purchaser can withdraw.
12. PLACE OF DELIVERY AND COURT OF JURISDICTION
The place of of delivery for all contracts concluded with Stahl Judenburg GmbH shall be the plac of the Supplier and even if carriage paid to free receiving stations or works agree, and for payment the head office of Stahl Judenburg GmbH`s business in Judenburg. The court of jurisdiction for all disputes shall be Leoben, however Stahl Judenburg GmbH can choose to appeal to an appropriate court of the Purchaser. For both parties, Austrian law shall apply.
13. VALIDITY OF THESE CONDITIONS
Should individual terms of these sales and delivery conditions be wholly or partialy invalid, then all remaining terms shall be valid.
14. MECHANICAL AND THERMAL HIRED LABOUR
Any regulations made by the Purchaser regarding minimum output shall only be deemed valid, whe Stahl Judenburg GmbH have issued an expressly written declaration, in which th received primary material, the potential minimum output and if need be the agreed price increase are included in such cases. Each notice of defect shall be substantiated by forwarding of worked pieces or samples. Stahl Judenburg GmbH shall be entitled to untertake destructive testing.Any guaranteed obligations of Stahl Judenburg GmbH expire where defective worked pieces have reveived reworking without Stahl Judenburg GmbH`s permission. Stahl Judeburg GmbH guarante wage labour in such a way that Stahl Judenburg GmbH either choose to rework the parts that are proven to be defective due to Stahl Judenburg GmbH and that exclude their proper use, or issue a credit noteto an amount limited by the price agreed for each individual contract Should reworking not be possible, Stahl Judenburg GmbH shall carry out contractually agreed work free of charge on replacement material supplied by the customer. Stahl Judenburg GmbH shall not be liable where defective material has been supplied by the Purchaser, or the treated worked pieces have not been used by the Purchaser in accordance wih the pieces`quality conditions. Stahl Judenburg GmbH do not carry out incoming goods inward inspections on materials supplied.
15. CHARGING AND COMPANY SETTLEMENT CLAUSE
Stahl Judenburg GmbH are entitled to charge all claims irrespective of the Suppliers legal rights, whether the Georgsmarienhütte Holding GmbH is directly or indirectly invoved in, with a majority. The up-to-date approved contractor`s list, of which Georgsmarienhütte Holding GmbH is directly or indirectly in, with a majority, can be viewed on the Internet under www.georgsmarienhuette-holding.de. On request the Supplier can receive information about the approved contractor`s list,at any time.
16. FOREIGN TRADE LAW
The Purchaser has the obligation to implement and adhere to the Foreign Trade Law regarding delivery.
