Commercial terms and conditions

Place of fulfilment and jurisdiction Graz
Any dspute or claim in connecion therewithshall fall under the jurisidiction of the Court Graz Austria.
Export : EORI No.: ATEOS1000041398

1. Delivery period: from the offer – week(s) for position
2. Type of delivery: for Austria DAP Incoterms 2010 (free delivery, not unloaded, uninsured)
3. Prices: Net prices + 20% VAT.
4. Price fixing: Prices and discounts are non-binding and may be changed at any time without prior notice.
4a. Offers are subject to change and non-binding.
5. Price base according to listed unit prices, inclusive price according to listed position.
5a. Cancellation fees are 25% plus transport and packaging costs
6. Basis of delivery: General Terms and Conditions of Sale and Delivery overleaf
7. Packaging: – cardboard box
The costs of professional disposal of the packaging shall be assumed by the Client, as well as the removal
of any protective films.
8. Warranty: Manufacturer’s warranty or 12 months, material warranty only following commissioning,
12 months maximum following delivery. The warranty shall only apply in conjunction with the manufacturer’s
operating and maintenance provisions.
9. Loss of function/warranty and loss of claim to concealed defects, should unauthorised work be performed
or the delivery item be used contrary to the manufacturer’s provisions both during and after the warranty period.
10. Liability and compensation for damages: The liability and risk of the offer/delivery items shall transfer
to the Client upon transfer/acceptance of the performance. Excluded shall be claims to damages due to
slight culpability, furthermore due to negligent or grossly negligent infringement of sub-contractual duties,
particularly duties of information or disclosure. We shall not be liable for the culpability of upstream suppliers
or companies, which we employ to fulfil the contract. Also excluded shall be the compensation of any indirectly
occurring damage or consequential harm caused by a defect or the compensation of any lost profit or loss of
production as well as indirect damage irrespective of the legal grounds. Information on the options of processing
and application of our goods, technical counselling and other details concerning suitability and use, weights,
dimensions, forms, colours, performances and appearance shall be non-binding. Should the customer be held
liable within the scope of product liability, it shall explicitly waive any recourse.
Should the customer resell the goods to an entrepreneur, it shall be obligated to transfer the aforementioned
non-liability with the obligation to further transfer. In the event of non-transfer, the customer shall undertake
to indemnify and hold us harmless and to reimburse all costs.
We do not guarantee that the zero-defect goods forwarded by us to the customer (i.e. the goods we deliver)
are also free of defect according to the Austrian Product Liability Act as parts of products manufactured by the
customer or the latter’s purchasers.
In the event of use or forwarding of the product, the customer shall be obligated to comply with the instructions
for use, the warning notices and any other presentations of the product and to refrain from any inappropriate
manipulation of the product.
11. Performance data, the specified performance data are pursuant to the manufacturer’s specification
with a tolerance of +/- 10%.
12. Not included in our deliveries and performances are commissioning, maintenance, service, assembly,
masonry, mortising and plastering, electrical installation, water supply and drainage pipes, positioning of the cooling unit,
structure-borne sound and airborne sound measures, the assembly of components such as heat exchanger feet,
as well as any performances and deliveries, which are not explicitly included in this offer.
13. Reservation of title: Until such time as the obligations resulting from the work under the Delivery Contract
have been satisfied, the goods shall remain our property. Inasmuch, the purchaser shall acknowledge
the vendor’s authority to issue directives and shall waive any possible objections.
14. Set-offs: The retention of payments from warranty claims or guarantee claims shall be excluded just as much
as the set-off of the purchaser’s receivables against the delivery company with the delivery company’s receivable
arising from the rendered services. Payments shall be credited to the open balance.
15. Electronic signature: The document is signed electronically and complies with the guidelines of the Turnover
Tax Act and Digital Signature Act in Austria regarding dispatch via e-mail.
16. Export EORI No. ATEOS10000041398
http://www.help.gv.at/Content.Node/153/seite.1530000.html and/or
http://www.help.gv.at/cgi-bin/system.pl?label=BMFVerordnung_ERechnung