Terms and Conditions

General Terms and Conditions

1. General Terms and Conditions
1.1 These general terms and conditions of sale and delivery apply unless the contracting parties have expressly agreed otherwise in writing.
1.2 The following provisions on the delivery of goods also apply mutatis mutandis to services.

2. Terms and Conditions – Delivery period
2.1 Delivery deadlines are non-binding unless they have been expressly agreed as binding in writing.
2.2 Unless otherwise agreed, the delivery period shall commence at the latest of the following dates:
a) Date of order confirmation;
b) the date on which all technical, commercial and financial requirements incumbent upon the Buyer have been met;
c) Date on which the Seller receives a deposit to be paid before delivery of the goods and/or a letter of credit to be issued is opened.

2.3 If delivery is delayed due to circumstances on the Seller's side, such as force majeure, fire, labor disputes, delays in customs clearance, obstruction of traffic routes, etc., a reasonable extension of the delivery period will be granted. It is irrelevant whether these circumstances occur on our side or on the side of one of our subcontractors.
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3. Terms and Conditions – Delivery and Acceptance
3.1 Delivery shall be at the buyer's expense and risk, unless otherwise agreed in writing. Use and risk shall pass to the buyer upon dispatch of the delivery ex works or warehouse, regardless of the agreed price for the delivery. Unless the buyer selects a specific form of transport, we shall be entitled, at our reasonable discretion, to determine the route and method of shipment and to select the forwarding agent and carrier. We are not obligated to select the cheapest method of shipment.
3.2 The Seller is entitled to make partial and advance deliveries.
3.3 If the Buyer does not accept the goods provided in accordance with the contract at the contractually agreed place or at the contractually agreed time and the delay is not caused by an act or omission of the Seller, the Seller may either demand performance or
withdraw from the contract by setting a deadline for acceptance.

4. Terms and Conditions – Delay in Delivery
4.1 The Buyer shall accept any minor delays in delivery without giving rise to any claims of any kind.
4.2 If the Seller is responsible for a delay in delivery, the Buyer may either demand performance or declare withdrawal from the contract, setting a reasonable grace period for subsequent performance. In the case of custom-made products, the fact that the Seller may not be able to use parts already processed for other purposes must be taken into account when determining the grace period.
4.3 If the grace period provided for in Article 4 has not been observed due to the fault of the Seller, the Buyer may, by written notice, terminate the contract with regard to all goods not yet delivered and all delivered goods that cannot be reasonably used without the undelivered goods alone. In this case, the Buyer shall be entitled to reimbursement of any payments made for the undelivered goods or for the unusable goods and, insofar as the delay in delivery was caused by gross negligence on the part of the Seller, to reimbursement of any justified expenses incurred up to the termination of the contract and for its implementation, which cannot be further used. The Buyer shall return any goods already delivered and unusable to the Seller.
4.4 Any claims of the Buyer against the Seller based on the Seller’s delay other than those referred to in Article 2 are excluded.
4.5 We are not liable for any delay in delivery by our suppliers for which we are not responsible, or for delays in delivery due to machine breakdowns, weather-related raw material shortages, general raw material shortages, force majeure, strikes, or similar events. In these cases, the buyer waives his right to withdraw from the contract and to assert claims for damages for any reason whatsoever. However, in these cases, we are entitled to postpone fulfillment in accordance with the resulting delivery impediment or to withdraw from the contract in whole or in part.

5.Terms and Conditions – Price
5.1 All prices agreed between the Seller and the Buyer in writing and verbally, including prices stated in our print and online materials, are always in € excl. VAT.
5.2 Unless otherwise agreed, prices are ex works, excluding packaging and loading. If delivery is agreed upon, prices exclude unloading and handling.
5.3 Prices are based on costs at the time of quotation. Should costs change up to the time of delivery, such changes shall be borne by the buyer.
5.4 If the contract is concluded with prices left open, the sales price applicable on the day of delivery shall be charged.
5.5 Price changes do not need to be announced separately and remain effective regardless of the date of issue of the price list.

6. Terms and Conditions – Payment
6.1 Payments are to be made in accordance with the agreed payment terms. Unless different payment dates have been agreed upon in the Seller's written order confirmation, half of the purchase price is due upon receipt of the order confirmation, and the remainder upon notification of readiness for shipment.
6.2 We are entitled to make partial invoices if the services are provided in parts.
6.3 The Buyer shall not be entitled to withhold payments due to warranty claims or other counterclaims not recognized by the Seller.
6.4 If the Buyer is in default with an agreed payment or other performance, the Seller may either insist on performance of the contract and
(a) postpone the performance of its own obligations until the outstanding payments or other performances have been effected,
b) request a reasonable extension of the delivery period,
c) make the entire outstanding purchase price due,
d) charge default interest at the rate of 12% per annum from the due date and demand reimbursement of all judicial and/or extrajudicial costs incurred in obtaining the performance (payment) from the Buyer (in particular also any collection fees, for example, of the Credit Protection Association of 1870), or declare withdrawal from the contract after granting a reasonable grace period.
6.5) If the Buyer has not made the payment or other performance due upon expiration of the grace period pursuant to 6.4, the Seller may withdraw from the contract by written notice. Upon the Seller's request, the Buyer must return any goods already delivered to the Seller and compensate the Seller for any resulting loss in value of the goods, as well as reimburse all justified expenses incurred by the Seller in executing the contract. With regard to goods not yet delivered, the Seller is entitled to make the finished or partially processed parts available to the Buyer and demand the corresponding share of the sales price.
6.6 Such payment difficulties or payment defaults are necessarily assumed if
a) A customer does not pay the entire outstanding amount, including interest and expenses, on time after the second reminder from our company;
b) enforcement proceedings are initiated against the customer by a third party;
c) a bankruptcy or composition petition has been filed with the court; or bankruptcy or composition proceedings are pending before the court:
d) the customer requests an out-of-court moratorium.
6.7 In such a case, all special agreements granted to the customer, such as discounts, rebates, installment agreements, deferments, or compensation, are null and void and are deemed cancelled. Therefore, in the event of late payment, we are entitled to demand the price before the discount. In the event of late payment, the customer shall be responsible for all processing and collection fees incurred, as well as the fees for the intervention of our attorney. We are entitled to invoice the customer for any necessary and expedient reminder fees incurred for each reminder of due amounts.
6.8 The Seller reserves title to the purchased item until all financial obligations have been fully met by the Buyer. The Buyer must comply with the necessary formalities to safeguard the retention of title. In the event of seizure or other claims, the Buyer is obligated to assert the Seller's title and to notify the Seller immediately.
6.9 In the event of a sale of the goods, this must be subject to retention of title. The Buyer hereby assigns to the Seller any claim against its customer arising from the resale up to the amount of the then outstanding purchase price. The Buyer is obligated, on the one hand, to notify its customers of the assignment upon conclusion of the resale and, on the other hand, to immediately disclose the name and address of its customer, as well as the amount of its claim against the customer, to the Seller, who shall be entitled to exercise the right to assign the claim at any time.

7. Terms and Conditions – Electronic Invoice
7.1 We are entitled to send all invoices to the customer electronically to an email address provided by the customer. The customer waives the right to receive invoices by post.
7.2 The customer, on the receiving end, is responsible for ensuring that the electronic delivery of invoices by email from us can be properly processed to the email address provided by the customer and for adapting technical facilities such as filter programs or firewalls accordingly. Any automated electronic replies to us (out-of-office messages) cannot be considered and do not constitute a valid delivery. The customer must notify us of any change of email address immediately in writing and with a legally valid signature (by letter or fax). Invoices sent to the email address last provided by the customer are deemed to have been received, even if the customer has not notified us of a change of email address.
7.3 We are not liable for damages resulting from the increased risk of sending invoices electronically by email compared to postal delivery. The customer bears the increased risk of access by unauthorized third parties caused by the storage of electronic invoices.

8. Terms and Conditions – Warranty and Liability
8.1 The Seller warrants that deliveries of goods will be made in the agreed quality and standard.
8.2 The buyer must notify any defects immediately upon receipt of the goods, or at least as soon as possible after such defects become apparent, in writing and in detail, specifying the type and extent of the defects. For packaged goods, a complaint period of three days is agreed upon.
8.3 Even in the event of notices of defects or complaints, the Buyer is obliged to first accept the goods, unload them properly and store them.
8.4 The Seller's warranty obligations require proper notification of defects by the Buyer in accordance with Article 5.2. The Buyer expressly waives the right to assert warranty claims in connection with defects that have not been properly notified and is not entitled to such claims.
8.5 The Seller shall only be liable for the costs of remedying defects carried out by the Buyer himself, in particular for the costs of any cover purchases, if the Seller has given his prior written consent to this.
8.6 For those parts of the goods which the Seller has purchased from subcontractors, the Seller shall only be liable within the scope of the warranty claims to which he himself is entitled against subcontractors.
8.7 It is expressly agreed that the Seller shall not be liable to the Buyer for personal injury, damage to goods not covered by the contract, other damages, or loss of profit, unless the circumstances of the individual case indicate gross negligence on the part of the Seller. The Seller's liability for damages resulting from improper processing or unsuitable use of the delivered goods is excluded.
8.8 The liability for compensation for claims for compensation for property damage resulting from the Product Liability Act as well as for product liability claims that can be derived from other provisions is expressly excluded.
8.9 Any warranty claims shall be fulfilled at the Seller's registered office. Costs for disassembly or assembly of already assembled, defective goods, their transport, and any other conceivable consequential damages shall only be reimbursed in cases of intent or gross negligence.

9. Terms and Conditions – Place of jurisdiction, applicable law, place of performance
9.1 The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court having local jurisdiction for the Seller’s registered office.
9.2 Austrian law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German. Concluded contracts remain valid even if individual provisions of their terms and conditions are legally invalid. In place of the invalid or ineffective term, a term that most closely approximates the economic intent shall apply.
9.3 For delivery and payment, the place of performance shall be the Seller’s registered office, even if the delivery is made to another location as agreed.

10. Terms and Conditions – Data protection, change of address and copyright
10.1 The customer consents to the automated storage and processing of personal data included in the purchase contract in order to fulfil this contract.
10.2 The customer is obligated to notify us of any changes to their residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If this notification is omitted, declarations shall be deemed received even if they are sent to the last address provided.
10.3 Technical documents as well as samples, catalogues, brochures, illustrations and the like shall remain our intellectual property at all times; the customer shall not receive any rights of use or exploitation whatsoever in these documents.

11. Terms and Conditions – Miscellaneous
Should individual provisions of these Terms and Conditions of Sale be invalid or void (in particular under the Consumer Protection Act), the validity of the remaining provisions shall remain unaffected.

As of August 2025
All prices in euros including VAT.