TERMS OF SALES and DELIVERY
1. These Terms of Sales and Delivery shall constitute a significant component of any offer or contract. They shall also apply to all future jobs, orders and contracts, also if not expressly repeated or if the Terms of Sales and Delivery are not again handed over or submitted.
2. The supplier shall be under no legal obligation unless after written confirmation of an offer or signing of a contract by the company.
3. Any other provisions shall be by written agreement. Following issuance of an order, any diverging conditions of purchase of the orderer shall be null and void, also in the absence of an objection.
1. Unless expressly otherwise agreed, prices shall be net ex works, excluding packaging and without discount. Price increases due to higher production costs (material prices, wages, general expenses etc.) arising between ordering and delivery shall be invoiced.
2. All ancillary costs of the contract shall be for the buyer’s account.
III. Terms of payment
1. Unless otherwise agreed, one third of the purchase price shall be payable with the order, the balance on delivery. All payments shall be made cash, with no charges or deductions. Cheques and bills of exchange shall only be accepted by special agreement and only as payment, not in lieu of performance. Collection and discount charges shall be for the buyer’s account. The seller may decline payment by way of cheques or bills of exchange without furnishing reasons. Should payment deadlines be exceeded or in case of late acceptance, the company shall be entitled to charge default interest at the overdraft rate charged by major Austrian banks. Cancellation of a contract shall require the written consent by the supplier; whereby a minimum cancellation fee of ten percent shall be payable. Should the buyer cancel the contract of his own volition, then the supplier shall, at his discretion, be entitled to demand either compensation for losses and lost profit, or a penalty amounting to ten percent of the order value.
2. All objects purchased shall remain the property of the seller until the buyer has met all obligations under the purchase contract in full. Whilst reservation of ownership exists, selling, pledging, chattel mortgaging, leasing or other cession of the purchased material shall be prohibited unless with the seller’s written consent. The buyer agrees that all payments made by him shall be used first for cost of repairs, then for spare parts receivables, then for interest and other ancillary expenses and lastly for goods under the retention of ownership.
3. Retention of ownership may be labelled on the vehicle. The seller shall be entitled to retain the certificate of conformity (special permit) until the buyer has met all his obligations under the purchase contract in full.
4. The buyer shall immediately notify the supplier by registered letter should the vehicle under retention of ownership be attached by a third party.
5. Whilst retention of ownership is in effect, the buyer shall, on request of the seller, insure the purchased objects against all risks, including fire, at the full amount and restrict the transferability of the insurance policies for the benefit of the seller.
6. The buyer shall be obligated to maintain the purchased objects in proper condition during retention of ownership and to carry out all requisite repairs – excluding in emergencies – in the repair workshops of the seller or in a workshop approved by the supplier.
7. Payments shall be due immediately and in full in the event of payment default or of a breach of any condition of a contract.
8. Set-off of customer claims against supplier claims of any kind shall be excluded unless recognised in writing or determined under a binding ruling.
1. Unless expressly otherwise agreed, delivery dates shall be subject to change.
2. The delivery period shall start when the contract enters into force, but never before the agreed prepayment or first instalment.
3. The supplier shall be entitled to re-assess the delivery date in the event of an agreed amendment to the order.
4. The supplier reserves the right to modifications to construction or shape during the delivery period.
5. Information given in the description of goods/services, weights, operating costs, speeds etc. are approximations only.
6. Unless otherwise agreed, salvage following repairs and car-body manufacture shall become the property of the supplier, with no notification of the customer required.
7. Claims for damages by the buyer due to non-performance or default shall be excluded unless such circumstance was caused intentionally or through gross negligence of the supplier.
8. The supplier reserves the right to withdraw from the contract in the event that it should, after order confirmation and before delivery, become privy to economic circumstances of the orderer that may give rise to justified doubts as to the orderer’s ability to pay.
V. Terms of fulfilment and acceptance
1. Delivery is deemed fulfilled:
a) for deliveries ex works: when the order is reported ready for dispatch. The buyer shall, upon receiving notification of readiness for collection, check and take over the purchase at the agreed location of acceptance – unless otherwise agreed at the supplier’s works.
b) for agreed on-site deliveries: when goods leave the supplier’s works.
2. In the event that the buyer expressly or implicitly waives inspection, the object of purchase shall be deemed duly delivered and accepted after leaving the supplier.
3. All risks, including accidental destruction, shall be transferred to the buyer at the time of fulfilment; the buyer shall be responsible for taking out the necessary insurance cover at his own cost. The object of purchase shall at this point in time be deemed transferred to the buyer’s power of disposition and thereby placed on the market. The supplier shall not be required to take out insurance cover unless expressly agreed between parties. This shall also apply to vehicles handed over for repair, from the time of handover up to completion. A slotting fee may be charged should the buyer exceed a collection deadline stipulated by the supplier.
4. Dispatch ex supplier shall always be for the account and at the risk of the buyer.
1. The supplier warranty shall apply to the first buyer only and after fulfilment of all payment obligations, guaranteeing that the vehicle will be free of defects of material and workmanship considering the state of the art, for a period of six months following delivery, but limited to 10 000 kilometres travelled. Warranties shall, at the discretion of the supplier, be fulfilled either by repairing or replacing returned post-free and carriage paid parts. Exclusively parts with a defect of material or workmanship shall be replaced. The buyer shall bear the arising wages and costs of dismantling and fitting.
2. The supplier accepts no liability for parts bought in by him but shall be willing to cede to the buyer his valid claims against the producer based on the above defects. Broken glass shall be replaced.
3. Warranty claims shall not be considered unless lodged with the supplier or the responsible official workshop within eight days from detection of the defect. The warranty shall be null and void unless the buyer complies with the supplier’s instructions on handling the vehicle (operating manual) and especially unless the buyer carries out the prescribed inspections as described in the customer service booklets provided by the supplier.
4. No claim for conversion or mitigation shall be entertained.
5. No compensation shall be granted for indirect or direct damages.
6. The warranty shall exclude natural wear or damage arising from negligence or improper handling.
7. The warranty shall lapse should the object of purchase have been modified by third parties or by the installation of third-party components.
8. No warranty is given for used vehicles.
9. No warranty is given for repair work.
10. Warranty obligations shall lapse in cases of resale during the warranty period.
VII. Compensation for damage and product liability
1. Claims for compensation for damages of any kind against manufacturers, importers, upstream suppliers and the supplier, also for consequential losses, shall be excluded except in the event of evident gross negligence or intent.
2. The obligation to compensate for material damages and financial losses under the product liability act shall be excluded. This shall also apply to the liability of the manufacturer, importer and upstream supplier for compensation.
VIII. Place of performance and jurisdiction
The place of performance shall be Eugendorf near Salzburg, even if the delivery was to or from another location.
The place of jurisdiction shall be the city of Salzburg. Austrian law shall exclusively apply.