General Terms and Conditions

§ 1 General
These sell- and delivery conditions count for all - also for future - business relating connections, in particular deliveries. Performances and other acts of legal significance between us and our customers. Differing agreements and amendments, telephonic and verbal arrangements are only authoritative, if they were confirmed from our side. We contradict buying conditions of the buyer. They will not be accepted as well, when we do not contradict after the incoming emphatically. The ineffectualness of individual articles of agreements does not affect the whole agreement.

§ 2 Offers
Our offers are always without engagement. The details in prospectuses, catalogues, mailing pieces and other printed matters or in information which is part of the documents concerning the offer, as well as afterimages, descriptions, configuration and specification of services are without commitment. We do not assume liability for the accuracy of the configuration and other information. Technical changes remain as subject to alteration. Any discrepancies have to be acquiesced as far as they are reasonable for the customer.

§ 3 Acceptance of order
In general the acceptance of order does not exist. Orders which have been fullfilled by telephone are authoritative for the purchaser. The contracting for us commences with the verbal acceptance of order. Interceptions concerning the acceptance of the order are admissible within one week after the incoming of the order. Interceptions have to be effected in written form.

§ 4 Prices and payment practices
Our prices are net at forwarding office. All prices and additional costs, especially forwarding expenses, are calculated on behalf of our valid price list, unless otherwise agreed. Payments have to be fullfilled according to the conditions imprinted in the invoice. At non-compliance of the denoted payment target we charge default interest of 12% per year on the particular amount invoiced. The assertion of additional damage caused by delay stays under the subject of change. The purchaser has no right of retaining against our demand. A set-off is only possible with cross claims which are indisputable and legally binding from our side. All our requirements are payable immediately, if the payment targets are not preserved or an essential degradation of the financial circumstances of the purchaser are noted. In this case we are also allowed to to make outstanding deliveries dependent from prepayments or from deposits. If the prepayments or the deposits are not genereated after a reasonable period, we are able to withdraw from the contract.

§ 5 Delivery
a) General
The delivery is affected ex stock on invoice and endangerment of the customer. If home delivery is agreed, the transfer or perils is unaffected. The delivery has to be proofed when incoming concerning completeness and damage as well as the being free of deficiencies.
b) Delivery dates and delivery respites
Delivery dates are observed if possible, but they are not mandatory for us. The accomplishment of the received orders will be proceeded unless the timely and sufficient delivery of our predistributor. If the delivery of the products is delayed the purchaser is able to set an additional respite with a minimum of 14 days, for the adherance of the additional respite the dispatching of the products in time is relevant. Act of God, collectiveaction, measures and other unpredictable barriers, which can not be averted despite all possible carefullness, regardless in our enterprise or in the one of our distributor, like disruption of operations or regulatory interferences. Delay of the delivery of the goods, other not correct or other own-supply which was not in time liberates us for the time of consequences and in the case of impossibility in total from the obligation of delivery.We are allowed to regress from the agreement if the delivery becomes impossible or unreasonable insubsequently because of the incidents mentioned above. In case of delivery delay or of the impossibility of the service claim of damages are unless it happened because of intention or culpable negligence of the executive board. The delay or the indebted insubsequent impossibility of the service the obligatory indemnification reduces on the detected disservice to at the most 10% of our invoice value of the product, where the delay happened or where the delivery became impossible concerning non - traders. The disservice reduction is not applied if it happened because of intention or culpable negligence. The purchaser is in delay of payment if he does not collect ordered products from our company or if he does not keep ready the the means of payment.

§ 6 Dispatching - Transfer or perils
The dispatching happens at buyer's risk. The danger devolves to the buyer with the creation of the delivery readiness if the delivery retards because of an assignation of the buyer. The purchase price or the other payment are falling due in this case with the creation of the delivery readiness. Deficiencies have to be reprehended in written form immediately after the recognition which can not be discovered with an accurate inspection within this respite.

§ 7 Retention of title
The delivered products remain our property until the full payment has been proceeded (Retention). The retention of title also remains if several demands of the vendor have been accepted in a current invoice and we are entitled to get the special payment balance request concerning the current invoice, regardless of the cause in law.

§ 8 Place of fulfilment and court of jurisdiction
The place of fulfilment for all pretensions concerning the closed agreements with us, also the payment obligations is exclusively Vienna. The court of jurisdiction for all disputes, also dirges in process of change, cheque and certification with the contractual partners, who are full traders or legal entities who are inscribed in the commercial register, as well as persons, who have their residence abroad, are arranged for the responsible court in Vienna. Austrian law counts exclusively.