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- Terms and conditions of purchase
TERMS AND CONDITIONS OF PURCHASE
Valid: 01 May 2009
- 1. Ordering
- 2. Prices and Packaging
- 3. Delivery Time
- 4. Dispatch and Customs
- 5. Guarantee
- 6. Liability
- 7. Tendering of Invoice
- 8. Payment
- 9. Inquiries, Order Documentation, Secrecy
- 10. Other
- 11. Court of Jurisdiction
- 12. Applicable Law
- 13. Correspondence
1. ORDERING
In the case of a negotiation protocol agreed with the Purchaser, the contractual
relationship with the Supplier takes place at the point of order. Only written or
transmitted FAX. Orders of the Purchaser are binding. Any other agreements require written confirmation from the Purchaser. The acceptance of each order is to be confirmed in writing by the Supplier in the enclosed confirmation of order without repetition of the order text. If the Supplier commences within 14 days – calculated from the dispatch date of the order -with execution of the order, the order is deemed accepted unconditionally, even without confirmation of the order. Deviations of the order text regarding technical or commercial points have to be quoted in the confirmation of order and require, along with any additional supplements, the Purchaser’s written agreement, to be legally valid. Delivery conditions of the Supplier are only valid, if they have been expressly accepted by the Purchaser.
2. PRICES AND PACKAGING
For lack of other agreements INCOTERMS 2000 shall apply in cost transition or for the drawing up of price, on a fixed price basis. Inland prices are net prices without VAT. The goods are to be packed as customary in the trade, fit for purpose, and in perfect condition, except in case of special stipulation. You are requested to choose packaging for the Purchaser’s ordered goods with an ecological viewpoint in mind and to use it as sparingly as possible without compromising the safety of the goods.
Loading materials and packaging will become our property. Returns are at the risk and costs of the Supplier. Transfer of ownership takes place at the same time as transfer of risks, provided for in accordance with INCOTERMS 2000.
3. DELIVERY TIME
Delivery times or periods should be strictly adhered to. In the case of premature
deliveries the payment periods start with the originally agreed date. In the case of premature delivery without prior agreement, the Purchaser reserves the right to charge any costs arising from it. The Purchaser shall be informed promptly of any foreseeable delivery delays notwithstanding the Purchaser’s legal rights. Any anticipated delivery delays, especially exceeding interim dates, entitles the purchaser, by setting an extension date and by safeguarding any further claims, to revert to an adequate replacement purchase, at the cost of the supplier. Delivery dates are deemed fulfilled when the necessary documentation (technical, dispatch and test certification) has been completely delivered.
4. DISPATCH AND CUSTOMS
Delivery conditions and dispatch regulations applicable to this contract shall be in accordance with the order. In case of lack of clarity, please contact either the relevant purchase department or customs directly as mentioned in the sales conditions, either by telephone (+433572/701-321) or by fax (+433572/701-247).
In addition, for deliveries from abroad, a commercial invoice (in duplicate), as well as a valid proof of preference (goods movement certificate EUR1, declaration of origin) are to be included and to be attached to the shipping documents.
The complete order number and the handling marks should be clearly noted and visible on the shipping papers, the transportation documents for the receiver and the packages themselves (signature, stickers). The total weight (gross and net) has to be shown on all dispatch papers, invoices etc. Compulsory explanations are required in the CIM shipping papers and shipload lists. “Sammelanmeldung gem. § 52a, Abs. 2
ZG”, “Kenn.Nr. 700 / 838”.
Transport costs are only borne by the Purchaser when expressly agreed. Additional costs arising from carrying out the order that are neither agreed nor laid down in law in INCOTERMS 2000 are to be borne by the Supplier.
In case of non-compliance with the Purchaser’s dispatch-, packaging-, or documentation-regulations, any risks, damages and costs arising thereof are to be borne by the Supplier and settlement of the invoice will be delayed until compliance and presentation of the missing documentation.
5. GUARANTEE
The contract parties agree to the application of the Gewährleistungsrecht-
Änderungsgesetzes (GewRÄG) BGBI 2001/48 i.d.g.F, which came into force on
01.01.2002 and replaced the consumer goods guidelines of the EU Right RL
99/44/EG, Abl Nr L 171 of 07.07.1999.
In case of delivery deficiencies, the guarantee lasts two years from the
commissioning, if not agreed otherwise in written form. Regardless of the
Purchaser’s other rights, the Purchaser is entitled to enforce, at his choice, primary guarantee rights (improvement and exchange) as well as secondary guarantee rights (cancellation of sale contract and price reduction), if the Supplier does not fulfil his obligations within the agreed period.
The Purchaser’s point of criticism is valid if noted by
a) open deficiencies within three months of handover
b) hidden deficiencies within three months of discovery
Deficiencies on goods that are only discovered on unpacking from their usual packing come under hidden deficiencies. In case of replacement deliveries and repair the guarantee period starts anew and the here agreed guarantee duration applies. The Purchaser is entitled at his choice to assert guarantee claims as well as compensation.
(§ 933a ABGB i.d.g.F).
6. LIABILITY
In accordance with the guidelines and demands of the quality and environmental standards the Supplier is bound to keep to the relevant safety and environment related regulations which are legally valid in the Supplier’s country and in Austria. The Supplier has unlimited liability under the Product Liability Law regarding damages.
Limitations of any kind that prevent the Purchaser from entitlement to compensation claims under this law or other regulation are not recognised.
7. TENDERING OF INVOICE
Invoices shall be in duplicate with a copy of the delivery note. For construction
invoices five copies shall be submitted. In addition Order number and Partner
Number shall be marked clearly on the invoice. Performance related invoices are to be corroborated by performance documentation. Regardless of that, point 4.(Dispatch and Customs) shall apply to consignments that are to have duty paid on them. An inland bill shall always show the percentage of VAT. Even if the value is under 72.67 Euros the percentage of VAT is to be shown. The invoice shall be addressed to the Purchaser. In case of a deviating address, it will only have deemed to have arrived at the Purchaser when it has been received at the Purchaser’s address.
8. PAYMENT
Payment will be made by the Purchaser, unless otherwise agreed, within 45 days from receipt of the invoice and proper delivery/performance with 3% discount or 90 days net, according to the Purchaser’s choice in cash, own 3-month acceptance or customer exchange. The Purchaser reserves the right to extend the acceptance once to three months. The Supplier agrees to compensation of claims and liabilities of every kind. Cessions of delivery demands are only permitted with the Purchaser’s explicit written
agreement. Cash on Delivery consignments will not be accepted except by special arrangements in writing. The Purchaser has the right to withhold due payments in case of delivery/performance claims.
9. INQUIRIES, ORDER DOCUMENTATION, SECRECY
All the Purchaser’s enquiries and order enclosures (e.g. plans, samples, models etc.) shall remain the property of the Purchaser and must not be used for other purposes without the Purchaser’s written permission. They shall be returned to the Purchaser with the Purchaser’s tender or after completion of the order without prompting. The use of the order for advertising purposes is not permitted. The order and all relevant details, documents etc. are to be treated as the Purchaser’s business secret and in confidence. No refund/recompense will be granted arising from our inquiry, the drawing up of offers/bids, plans etc. The handing over of the bid includes the agreement that technical bid documents etc. for technical examination by engineering
partners etc shall be made available to the Purchaser, while safeguarding the secrecy and transfer without any claims on the Purchaser. Bid documents shall not be returned.
10. OTHER
a) The purchaser, the end purchaser and his representatives reserve the right to carry out scheduling checks, technical interim and final tests (also packing
inspections) in the offices, manufacturing plants and storerooms of the Supplier and his sub-suppliers at any time during the design, planning, production and delivery preparation and to reject incorrect documentation as well as deficient material. These controls and checks do not relieve the Supplier of his responsibilities.
b) Any potential sub-suppliers, except for suppliers of normal and standard parts, shall be made known to and be approved by the Purchaser.
c) The Supplier shall reimburse the Purchaser for potential order fulfilment
related patent claims and claims of third parties.
11. COURT OF JURISDICTION
The court of jurisdiction is the factual, relevant court of the Purchaser in Leoben or by the Purchaser’s choice, the factual, relevant court of law at the headquarters of the Supplier. The Supplier is obliged to provide written confirmation of the existence of this legal agreement at any time, should the Purchaser ask for it.
12. APPLICABLE LAW
For clarification of questions regarding the interpretation of these purchasing
conditions, also in the case of a lawsuit, as well as any irregular stipulations, Austrian law applies. We don’t accept UN Buyer Rights.
13. CORRESPONDENCE
All correspondence has to show the complete order number (or inquiry number), as well as the reference and date of previous correspondence. Any relating questions need to be addressed to the Purchaser exclusively.
Gußstahlwerkstraße 21
Postfach 4
A-8750 Judenburg, Austria
Telefon : +43 / 3572 / 701-0
Telefax : +43 / 3572 / 701-212
E-Mail : stahl.judenburg@stj.at
Internet : http:// www.stahl-judenburg.com
