Subsequent terms apply to both merchants and companies, they also apply to our business relations with private customers. These terms and conditions apply to all our deliveries and other services (consulting services, manufacturing products).
Offer and Conclusion of Contract
a. Offers from kmb Metalltechnik GmbH are non-binding. The Purchaser is, unless he can set a different period of commitment, bound to its order at least 8 working days. The contract is concluded when the order was confirmed in writing by kmb Metalltechnik GmbH. Any divergences between the confirmation of the order, the contents of the letter of confirmation shall prevail, unless the customer objects to the deviation in writing immediately.
b. Verbal, telephonic or arrangements made by agency agreements to be legally subject to written confirmation by kmb Metalltechnik GmbH.
a. Decisive are our current delivery day prices (= Net value plus VAT at the statutory rate). In addition to costs, in particular packaging, freight, postage, insurance and delivery charges, installation, etc. will be charged separately.
b. Fixed prices require written agreement.
c. Price Complaints must be made within 14 days.
Terms of payment
a. The terms of payment written in the delivery not and/or invoice are valid.
b. Invoices have to be paid in order of invoicing in cash, via bank transfer or check.
c. Failure to comply with the payment dates Interest shall be calculated in accordance with the respective bank rates for overdrafts, minimum 9 %. The proof of a higher or lower damage is permissible.
d. To withhold payments or to set off any counterclaims of the purchaser is not entitled, eventhough they are undisputed or judged declaratory.
e. At customer with whom there is not an ongoing business relationship, will be delivered against cash on delivery or prepayment of the invoice amount.
Arrears and installment
a. The customer comes with the first reminder in default. In this case kmb Metalltechnik GmbH is entitled to calculate interest in the amout of the allocation of their own borrowing costs, minimum 9 % per year. For each reminder 5 Euro will be charged. The assertion of further damage is not affected by this regulation. If for payment a time by calender is determined, the purchaser is in default without warning if he does not perform at the particular time.
b. In case of default kmb Metalltechnik GmbH is entitled to withhold deliveries and services until payment, or – if delivery has already taken place – to take back the goods. After granting a grace kmb Metalltechnik GmbH is also entitled to rescind the contract or claim damages for non-performance.
Supply and delivery time, Partial deliveries
a. kmb Metalltechnik GmbH makes every effort to deliver as and to comply called delivery periods and dates. If delivery still be delayed, the purchaser may grant an extension, and withdraw after 2 weeks from the contract. Claims for damages due to delay or non-performance not exist.
b. When sending goods the day of delivery is the day when the goods are dispatched. Otherwise it is the day, when the purchaser receives the notification of the dispatch of the goods.
c. Partial deliveries and partial services are permissible and may be invoiced separately..
Return and refund
a. From kmb Metalltechnik GmbH acquired products of the bill can be given back subject to a cancellation fee of 20% within 2 weeks upon presentation of invoice.
Dispatch and risks
a. In the case of dispatch, the risk passes to the buyer as soon kmb Metalltechnik GmbH has handed over the goods to be delivered to a carrier or to a transport company. This is also valid for partial deliveries or in the case that kmb Metalltechnik GmbH has took over other services, e.g. costs for dispatching.
Retention of title
a. All deliveries are subject to retention of title. The commodity remains until the complete payment of all the requirements property of kmb Metalltechnik GmbH.
b. The purchaser is entitled to process, transform, combine, and assembly with other items only in the ordinary course of business (extended reservation of title).
c. If the subject property from which legal or factual reason whatsoever under or it is damaged, the customer already now assigns his claims arising therefrom to third parties to kmb Metalltechnik GmbH.
d. The purchaser is obliged to make immediately of any seizure or any other impairment of the conditional ownership and the assigned claims by third parties release kmb Metalltechnik GmbH. In addition, the customer has to refer to the existing at the goods or the assigned claims issued by KMB Metalltechnik GmbH to third parties already in advance. The cost of intervention have to be taken by the purchaser.
Warranty / liability for defects
a. kmb Metalltechnik GmbH accepts subject to the following provisions guarantee that the goods supplied by him merchandise in material and workmanship are free from defects which cancel the value or the suitability of the goods for the usual or the assumed under the contract use is not insignificant, if reduce.
b. Liability for reduction or elimination of the suitability for use as well as for damages due to non-compliance with the operating, maintenance and installation instructions, to inappropriate use, incorrect handling, excessive use, incorrect, inaccurate or insufficient information on the intended operating conditions and other false statements by the purchaser are as well due to made by the purchaser or third party intervention in the delivery item, kMB Metalltechnik not accepts GmbH. The competent execution must demonstrate the buyer and to prove.
c. The purchaser is obliged to examine the delivery immediately. Obviously obvious defects, specifying the defect, be notified within 3 days of delivery. Not immediately obvious defects immediately after discovery, but at the latest in writing within 6 months after delivery. Upon request, the Buyer shall return the defective goods on kmb Metalltechnik GmbH.
d. In the event of timely and justified complaint does kmb Metalltechnik GmbH warranty by repair, replacement or credit.
e. Other costs, in particular for removal and installation contributes kmb Metalltechnik GmbH up to 25% of the invoice amount of the relevant delivery item only if they were matched by KMB Metalltechnik GmbH in advance.
f. If the buyer is not a consumer, the seller has the option to repair, replacement or credit.
g. In case of repair or replacement kmb Metalltechnik GmbH pays the costs for delivery and shipment of the repaired or replacement delivered item.
h. The costs of unjustified notices of defects shall be borne by the purchaser.
i. The limitation period for warranty (warranty period) period for newly manufactured goods 1 year, if it is not a consumer in the buyer. Otherwise, the statutory period of limitation applies. For used goods (excluding used vehicles), the limitation period is 4 weeks, if it is the buyer is a consumer. If it is not a consumer at the buyer, is carried out of the sale of used goods, excluding any liability for defects. Moreover, the assertion of warranty claims is excluded.
j. Claims for damages due to the existence of a defect or lack of an assured property exist only for compensation from the delivery item. Personal injury and damage resulting from an interruption may be required only if here on there is an explicit written assurance to the Treaty papers.
g. kmb Metalltechnik GmbH can fulfill the above deny warranty claims as long as the buyer has not fulfilled its obligations due.
Compensation for damages
a. Claims for damages of any kind and for whatever reason, including from negligence of contract, breach of contract, tort and from infringement of property rights against kmb Metalltechnik GmbH, except in cases of intent or gross negligence, in the case of assurance of properties excluded. In particular, can be detected in this case claims of negligent advice or due to incorrect information provided by employees of kmb Metalltechnik GmbH. When detectable gross negligence of vicarious agents and other persons belonging to kmb Metalltechnik GmbH such compensation claims are also limited to the invoice amount of the delivered goods. The last sentence applies only in transactions with merchants.
The exchange claim does not cover the costs of removing the defective and the installation of free of defects.
Place of fulfillment and jurisdiction
a. Place of fulfillment is Vorchdorf.
b. Jurisdiction for all disputes arising from the contractual relationship is Gmunden. (territorial jurisdiction).
c. It applies to this contract Austrian substantive law. The applicability of the CISG is excluded.
a. If any provision of these Conditions or a provision under other agreements is or becomes invalid, this shall not affect the validity of the remaining provisions or agreements.