We deliver solely on the basis of the following terms and conditions, which customers accept by issuing an order and which apply with binding effect to all our transactions. Any agreements which deviate from these terms and conditions are valid only if they have been expressly confirmed by us in writing. Any purchasing conditions stipulated by the customer which diverge from these terms and conditions will not be recognised or accepted.
All offers are subject to confirmation, and subject to goods being unsold. Offers and projects, together with the related drawings, dimension diagrams and descriptions are the vendor's intellectual property and may not reproduced, or made available to third parties without the vendor's consent.
The contract will be deemed to have been concluded when the vendor, following receipt of the order, has despatched a written order confirmation or a delivery consignment. Any subsequent amendments to the contract will only be valid if made in writing.
Delivery will begin on the latest of the following dates:
Unless otherwise agreed in writing, we deliver goods ex warehouse, unpacked, for the recipient's account and at the latter's risk. All transport, postage, packaging, and loading costs will be borne by the purchaser. Packaging will be invoiced at actual cost and not accepted for return. Insurance of all kinds will only be taken out to the extent desired by the customer, and on the customer's instructions and at the latter's expense. If despatch is delayed by circumstances within the customer's sphere of responsibility, delivery will be deemed to have been fulfilled once notification of readiness for despatch has been given. The goods ordered will then be stored at the recipient's expense and risk. If delivery is agreed on the basis of release orders, a release order will be deemed to have been issued for the goods no later than 1 year after the order date. The agreed payment terms will not be altered by such a delay in acceptance. Unless expressly agreed otherwise, in writing, goods will be delivered in our supplier's original packaging, the suitability of which we cannot be held liable for.
We provide a guarantee only to the extent of the manufacturer's warranty and assign all warranty claims, in full, to our customer. All claims extending beyond the scope of the warranty, in particular claims for compensation based on gross or minor negligence, lost profits or consequential loss, are excluded. The warranty does not cover the replacement of parts subject to natural wear and tear. It will immediately be voided if the purchaser or a third party alters or repairs the articles delivered without our written consent. No guarantee is provided for secondhand goods, repair orders, alterations or retrofitting. Any defects must be notified in writing within one week of receipt of the delivery. Defects which were not apparent at first sight, exercising all due care, or did not appear until a later stage, must be notified in writing within one week of discovery. Once a defect has been discovered, no further use may be made of the articles concerned; we can accept no liability for loss or damage caused by the continued use of articles after a defect has been identified.
The place of performance for delivery and payment is Graz. It is agreed that the court in Graz which has the relevant substantive jurisdiction shall have geographical jurisdiction to resolve all disputes arising directly or indirectly out of the contract itself or the contractual relationship. We remain entitled, however, to bring actions against the purchaser in the latter's place of domicile if we so choose.