GENERAL TERMS AND CONDITIONS 2014
(VALID FROM 01.01.2014)
1. SCOPE OF APPLICATION:
The General Terms and Conditions apply to all deliveries and services of Haberkorn hi-tec-textiles, A. Haberkorn & Co. GmbH, Werndlstraße 3, 4240 Freistadt, hereinafter referred to as Haberkorn, and its customers. Haberkorn only supplies companies for which the legal transaction is part of the operation of their company (business customers). Haberkorn only concludes contracts under these conditions. Haberkorn does not recognise any contrary general terms and conditions of the customer, in particular not even if they are not expressly contradicted again in individual cases. Unless expressly agreed otherwise, these GTC also apply to all future legal transactions of Haberkorn with the customers concerned.
2 CONTRACTS:
The sending of price lists or catalogues does not constitute an offer and does not oblige Haberkorn to supply the recipient at the prices and conditions contained therein. Haberkorn reserves the right to reduce the quantities ordered, to cancel goods not in stock, to make partial deliveries or to refuse orders altogether. Haberkorn's representatives have no authority to conclude contracts and no power of representation for the company. Contractually binding agreements can therefore only be made with the management. The contract is only concluded when Haberkorn accepts the order in the form of an order confirmation.
3. CUSTOMISED PRODUCTS:
For customised products, the exact delivery quantities depend on the production conditions at Haberkorn. Any short lengths and under- or over-deliveries of up to 10% are permissible and must be accepted at the agreed prices. The permissible number of denominations for strip or rope goods is two denominations per 100 metres, whereby no short length may be less than 20 metres.
4. DELIVERY/DISPATCH:
Haberkorn fulfils the contracts by handing them over to the carrier (post office, railway, forwarding agent, etc.), even if the transport is carried out at Haberkorn's expense. Any transport insurance will only be taken out at the customer's request and expense. The place of fulfilment is therefore 4240 Freistadt. All shipments within Austria are delivered free domicile (CPT according to Incoterms 2010) from a value of goods of € 350.00. For orders below this order value, a minimum quantity and shipping fee of € 25.00 will be charged and recognised. Orders with a net value of less than € 100.00 (abroad less than € 500.00) will not be accepted by Haberkorn. For shipments abroad, the delivery condition EXW (Incoterms 2010) generally applies, freight costs will be charged according to actual expenditure. The buyer bears the transport risk. Haberkorn reserves the right to choose the type of transport. The purchaser confirms that a heavy lorry can drive directly to the delivery address. Packaging is not accepted by Haberkorn.
5. WARRANTY/COMPLAINTS:
Noticeable defects or shortages must be reported immediately upon acceptance of the goods. The complaint period for the use of the delivered products and the contractual compliance is seven working days. Later complaints cannot be recognised. Haberkorn's warranty obligation does not apply if instructions for use, operation or maintenance are not followed, the goods are exposed to dirt, moisture or extreme heat, changes are made to products or other measures are taken so that the delivered product no longer corresponds to the original specifications. The warranty period is 1 year from acceptance. Haberkorn's prior written consent must be obtained for any returns of goods. Returned goods must be adequately and properly packaged. Damage to unpacked or inadequately packed returned goods is deemed to have been caused by the buyer. According to the agreed place of fulfilment Freistadt, the costs of the return transport are to be borne by the buyer. In the event of unjustified complaints, Haberkorn is entitled to demand the costs of processing the complaint.
6 LIABILITY:
Haberkorn is only liable for all damages in connection with the provision of contractual services to the extent that these damages are reported immediately and only if they are due to intent or gross negligence on the part of Haberkorn. Haberkorn's liability for consequential damage, indirect damage or pure financial loss is expressly excluded. Haberkorn is liable for the safety of the products within the framework of the statutory provisions of the Product Liability Act when used properly and as agreed, provided that Haberkorn is given a comprehensive opportunity to examine the cause of the damage.
7. PRICES/PAYMENT CONDITIONS:
Catalogue prices are subject to change and non-binding. Price lists are internal guidelines only and do not include offers. Reseller prices do not include VAT. Payments are to be made in accordance with the agreed terms of payment. If these have not been agreed separately, payment must be made within 10 days of the invoice date without any deductions. Discounts require a separate written agreement. New customers (first-time business) are only supplied by cash on delivery (collection) or prepayment. In the event of late payment, statutory default interest in accordance with § 352 UGB (Austrian Commercial Code) from the due date, reminder fees and legal collection costs shall be recognised by the buyer. In the event of payment arrears, incoming payments shall first be offset against reminder fees, then against interest and then against capital, irrespective of any dedication by the customer. Offsetting against all due counterclaims is excluded or only permitted if Haberkorn has expressly agreed to the offsetting in writing.
8. RETENTION OF TITLE:
Until full payment of all Haberkorn's claims, the items sold remain the property of Haberkorn. It is expressly agreed that there is an extended retention of title. In the case of processing, combining and mixing of items subject to retention of title with other items, Haberkorn is entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. Further processing is only permitted if the resulting claims are assigned to Haberkorn. Haberkorn must be notified immediately of any seizure of the goods subject to retention of title.
9. APPLICABLE LAW, PLACE OF JURISDICTION:
For all disputes arising from the contracts concluded by Haberkorn and about their valid existence, the exclusive applicability of Austrian law is agreed to the exclusion of any conflict of law rules. In particular, the application of the UN Convention on Contracts for the International Sale of Goods as well as Regulations No. 2008 L 177S (Rome I) and No. 864/2007 (Rome II) as amended is expressly excluded. For all disputes, the exclusive jurisdiction of the competent court for the registered office of our company in 4240 Freistadt, Austria, is agreed.
10. INFORMATION IN ACCORDANCE WITH DATA PROTECTION LAW:
The customer acknowledges that Haberkorn stores customer data for internal use in the course of business transactions and expressly consents to this.