1. Scope
   1. By placing an order, the buyer accepts our General Terms and Conditions of Sale, Delivery and Payment. These apply to all deliveries and services, including ancillary services, even if they are not specifically mentioned in each individual case.
   2. The buyer’s terms and conditions of sale, delivery, business and purchase, regardless of their nature, are not binding on us. Any terms and conditions of the buyer, regardless of their nature, are hereby expressly rejected.
   3. Deviations, additions, special assurances and other individual agreements must be made in writing in order to be valid.
   4. By accepting the delivery or service without reservation, the buyer acknowledges the validity of these terms and conditions.
   5. Our General Terms and Conditions of Sale and Delivery shall apply to the entire business relationship, in particular to repeat orders. This shall also apply if no express reference is made to them in future orders or if the buyer places orders under different terms and conditions without we expressly objecting to them.
2. Offers and conclusion of contract
   1. Our offers are subject to change and are not binding on us.
   2. Orders are only binding for us once we have accepted them in writing. Subsequent changes shall only become binding after our written confirmation.
   3. We are free to withdraw from the contract in the event that, after order confirmation and before delivery of the goods, we become aware of circumstances in the buyer’s economic situation which mean that our claim no longer appears to be sufficiently secured.
3. Prices
   1. Unless otherwise agreed, our offers and order confirmations are based on EXW prices in accordance with Incoterms. The prices do not include, among other things, transport costs, loading costs and unloading costs at the destination.
   2. Value added tax shall be charged at the statutory rate and shown separately on the invoice. In the case of export transactions, the customer shall bear the duties and fees incurred for transfer to the recipient country, in particular customs duties and any additional statutory duties or fees incurred in the recipient country itself.
4. Deliver
   1. Delivery times are always non-binding and should always be regarded as approximate, unless we have expressly undertaken in writing to deliver within a certain period or on a certain date.
   2. Claims for damages in this respect can only be asserted against us in cases of intent and gross negligence.
   3. The transport risk is always borne by the recipient or the customer or buyer and our liability ends with the handover to the carrier, even if the prices are quoted carriage paid to the destination.
   4. If we nevertheless deliver on the basis of verbal or telephone orders, the buyer cannot invoke this, as all contracts, agreements, etc. only become binding for us upon our written confirmation.
   5. In the case of delivery based on telephone orders, we shall not be liable for the consequences of any hearing errors or misunderstandings causing deliveries. If the buyer is in default of acceptance of the delivery and we do not withdraw from the contract, the goods shall be made available at our premises, whereby the agreed purchase price shall become due.
5. Terms of payment
   1. Payment must be made without discount in such a way that we can dispose of the amount on the due date.
   2. In the event of default in payment, the buyer shall be obliged to pay default interest at a rate of 8% above the base rate of the European Central Bank. The assertion of further damages caused by default remains unaffected by this.
   3. In the event of non-compliance with our terms of payment or circumstances that call into question the buyer’s creditworthiness, all our claims shall become due immediately, regardless of any deferrals granted. In this case, we may withdraw from the contract or claim damages for non-performance.
   4. The statutory rights to refuse performance and to withhold performance are excluded with regard to the buyer’s contractual obligations.
   5. Offsetting against any counterclaims against our claims is excluded, unless these are counterclaims that have been recognised in writing or have become legally binding.
   6. The buyer agrees that all payments made by him shall first be offset against interest and other ancillary charges and only finally against the goods subject to retention of title.
6. Cancellation of order by the buyer
   1. If the buyer cancels the entire order or partial deliveries, he shall remunerate the services performed up to that point in accordance with the agreed unit prices.
   2. The agreed unit price shall be paid for any materials purchased.
7. Retention of title
   1. Goods delivered by us remain our property until all outstanding claims of any kind arising from the entire business relationship have been paid in full.
   2. If the buyer processes the goods with other goods that are not our property, we shall be entitled to co-ownership of the new item in proportion to the value of the reserved goods to the other processed goods at the time of processing. The new item created by processing shall otherwise be subject to the same conditions as the reserved goods within the meaning of these terms and conditions.
   3. The buyer may only sell the goods subject to retention of title in the ordinary course of business under his normal terms and conditions and as long as he is not in default. He is only entitled and authorised to resell the goods subject to retention of title on condition that the claims arising from the resale are transferred to us.
   4. If third parties attempt to seize goods delivered by us under retention of title, the buyer must notify us immediately in writing. He is obliged to return the goods subject to retention of title to our place of business at his own expense within 3 working days of being requested to do so. He undertakes to allow us to enter his warehouse for the purpose of collecting the goods if necessary.
   5. If goods subject to retention of title are returned to us within the scope of the realisation of the retention of title, our outstanding purchase price claim shall remain valid to the extent of 70% of the invoice value as compensation for loss of earnings, lost disposition expenses, depreciation, etc.
8. Advice
   1. We shall only accept liability of any kind for processing and consulting instructions (or similar) if these instructions have been given by us in writing, at the buyer’s written request, and are binding and relate to a specific construction project known to us.
   2. In any case, the buyer remains obliged to check our instructions, taking into account the product descriptions and properties of our goods and the specific intended use, and to consult a specialist if in doubt.
9. Returned goods
   1. The return of goods that have already been delivered and are not defective (returned goods) shall be accepted in exceptional cases by agreement and only in perfect condition.
   2. The return costs shall be borne by the buyer. Handling costs amounting to 15% of the gross price at the time of delivery shall be charged to the buyer.
   3. Any damage to the goods caused by the buyer or the carrier shall regularly exclude the right of return.
10. Complaints, warranty, compensation
    1. The buyer is obliged to inspect the goods immediately upon receipt for any defects, including visual defects.
    2. The assertion of missing quantities requires the presentation of a certificate from the carrier.
    3. The resale, processing or treatment of defective goods is prohibited.
    4. Complaints of any kind must be made in writing immediately upon receipt of the goods, in the case of obvious defects in any case before processing, and in the case of hidden defects immediately upon discovery.
    5. Damage caused by weather conditions or improper storage is excluded from the warranty.
    6. We shall only be liable for claims for damages of any kind, regardless of the legal basis on which they are based, in cases of gross negligence (intent and gross negligence) or due to the absence of contractually guaranteed properties.
    7. Liability for consequential damage caused by defects is excluded.
11. Applicable law, place of performance, place of jurisdiction and partial invalidity
    1. Austrian law applies to all business relationships with us, excluding the UN Convention on Contracts for the International Sale of Goods.
    2. For all rights and obligations arising from transactions with us, the place of performance for both parties is Salzburg, Austria.
    3. The place of jurisdiction for all current and future claims arising from the business relationship is Salzburg.
    4. Notwithstanding this, we are entitled to bring proceedings before another court with jurisdiction over the buyer/purchaser/customer.
    5. Should individual provisions of these terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain fully effective. Any invalid provisions shall be replaced by provisions that come closest to their purpose in a permissible manner.
    6. Translated with deepl, German version and Austrian law apply.

Status: 01.05.2025

General terms and conditions