Ascon3 – General Terms and Conditions and General Terms and Conditions of Sale and Delivery
1. General: Deliveries to our customers are only made on the basis of the following conditions. Deviating agreements must be in writing. The possible ineffectiveness of individual provisions of these general terms and conditions of sale and delivery has no influence on other provisions. Instead of an ineffective provision, it is agreed what comes closest to it in a legally permissible manner.
2. Acceptance of order: If we do not reject an oral order within three working days, the order is considered accepted. We must declare the rejection of a written order in writing within 14 days of receipt, otherwise it is deemed accepted on the date the order is placed. In the case of mailing, the rejection is timely if it is sent to the post within the deadlines.
3. Protection of plans and documents / confidentiality: plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular the passing on, copying, publication and making available, including even partial copying, requires our express consent.
All of the documents listed above can be requested from us at any time and are to be returned to us without being asked if the contract is not concluded.
Our contractual partner also undertakes to keep the knowledge obtained from the business relationship confidential to third parties.
4. Fulfillment, transfer of risk, complaint: The place of fulfillment for delivery and payment is our company headquarters, even if the transfer takes place at another location as agreed. Adherence to the agreed delivery period applies subject to unforeseeable circumstances or circumstances independent of the party will, such as all cases of force majeure, warlike events, official interventions and prohibitions, delay in transport and customs clearance, transport damage or lack of energy. Such circumstances also entitle to an extension of the delivery period if they occur to a manufacturer or supplier. If the goods leave our factory or our warehouse after a delay due to circumstances at the customer’s risk, the risk arises with the day of readiness for dispatch on the customer. If delivery on call has been agreed, the goods are deemed to have been called off at the latest six months after the order. We will inform the customer in good time of the deadline and the importance of his behavior. If we cannot fulfill the order due to a lack of a corresponding disposition by the customer, the effects of the delay in acceptance will come into effect at the end of this half-year period. This does not exclude any claims for damages on our part. We are entitled to make partial or preliminary deliveries and to invoice them. Complaints about allegedly incomplete or incomplete delivery must be made in writing no later than one day after receipt of the delivery note. If the customer has not received a delivery note, the deadline runs from receipt of the invoice. A breach of this obligation does not shorten the customer’s right to warranty, but makes him liable for damages and releases us from the compensation for the damage caused by the subsequent performance. This regulation does not apply to consumers in the sense of the KSchG.
5. Offers: Our offers are subject to change and do not include any obligation to accept an order.
6. Prices: If there are cost increases between the conclusion of the contract and the delivery as a result of circumstances that do not depend on our will, such as recommendations of the Joint Commission, an increase in our cost price, an increase in producer and / or wholesale prices, due to wage cost increases by law, regulation or collective agreement, or increase or new introduction of levies or due to capital preservation clauses, then the applicable prices increase accordingly (does not apply to consumer transactions). The prices apply ex warehouse. Packaging, pallets, feed, etc. will be charged additionally. If we collect the packaging, pallets, etc. that have been charged against payment, the customer is responsible for the proper storage of these items until the actual handover.
7. Retention of title: We reserve the right of ownership of the object of purchase until the purchase price has been paid in full. In the event of attachment or other use of the object of purchase by third parties, the customer is obliged to point out our ownership and to inform us immediately.
8. Payment: In the absence of other agreements, payments are due net within 14 days upon receipt of the invoice. In the event of a delay in payment, we are entitled, without prejudice to our other rights, to take back the goods, devices and the like which are subject to our retention of title – without this being equivalent to a withdrawal from the contract. In the event of delayed payment by a consumer with whom we have agreed contractual interest, we are entitled to claim default interest of 6% per year in addition to the contractual interest. If no contractual interest has been agreed, the default interest rate is 13% per year with quarterly offsetting.
9. Warranty: We are in any case entitled to exchange defective goods for similar, faultless goods within a reasonable period or to remedy the defect within a reasonable period. This will void the right to cancel the contract or reduce the price. The customer must check the goods immediately after taking them over – at the latest, however, within 12 hours – and notify us of any defects in writing by the day following the takeover (date of the e-mail or postmark).
10. Withdrawal from the contract: The customer is not entitled to withdraw from the contract in the event of delay due to force majeure or delay due to slight negligence with regard to goods which, according to the customer, have to be specially manufactured or procured. If the delivery or service is impossible for us due to force majeure, unreasonable or unaffordable we are entitled to withdraw from the contract.
11. Liability: The assertion of liability, information or recourse requests are to be directed to the management immediately in writing, stating the exact damage, the factual basis for the liability, including proof that the deliveries and services come from us.
12. Address: The customer must immediately and expressly announce changes to the address. Otherwise, written communications are considered to have been received after the normal mailing if they have been sent to the last address given to us.
13. Place of jurisdiction: The sole competent place of jurisdiction for disputes arising from the business relationship is the competent court in Graz.
14. Choice of law: In the event of disputes arising from the business relationship, Austrian substantive law is applicable with the exception of the reference standards. The application of the UN sales law is expressly excluded.