Terms and conditions of sale and delivery
Our contractual partner agrees that in case of doubt, our terms and conditions are to be assumed in the event of the use of GTC by him, even if the terms and conditions of the contractual partner remain unchallenged. In this respect, contractual performance on our part shall not be deemed to be consent to contractual terms and conditions that deviate from our terms and conditions. If ambiguities nevertheless remain in the interpretation of the contract, these are to be eliminated in such a way that those contents are deemed to be agreed which are usually agreed in comparable cases.
Our offers are subject to confirmation. The contract shall not be deemed concluded until we have sent a written order confirmation.
Confidentiality – protection of plans and documents
Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and the like shall remain our intellectual property. Any use, in particular passing on, duplication, publication and making available, including copying even of extracts, requires our express consent. All of the above-mentioned documents may be reclaimed by us at any time and must be returned to us without delay and without being requested if the contract is not concluded. Furthermore, our contractual partner undertakes to maintain secrecy with regard to third parties in respect of any information obtained from the business relationship.
If no justified written objection is raised against our invoice within 1 week, it shall be deemed to have been approved. Unless expressly stated otherwise, all prices quoted by us are exclusive of value added tax. In the event of invoicing, the statutory value added tax shall be added to these prices.
Terms of payment (due date, partial payment, discount)
The purchase prices are always understood as advance payment.
The purchase price shall be paid within 14 days of receipt of the invoice. A discount of 2% can be deducted for payment within 8 days. Delivery shall be made on the agreed date (see delivery date); however, at the earliest after receipt of payment.
If expressly agreed, the purchase price can be paid as a deposit at the time of conclusion of the contract in the amount of 30 %, the remaining amount at the latest upon delivery.
Even if the buyer is not responsible for the delay in payment, we are entitled to charge interest on arrears in the amount of 10% above the base interest rate per annum; this does not affect claims for compensation for proven higher interest.
Transport – Transfer of Risk
Delivery shall be made by the Austrian Post AG or a forwarding agent at the discretion of the seller. In the absence of an express agreement to the contrary, the costs and risk of transport for deliveries shall be borne by our contractual partner.
Retention of title
The goods remain our property until full payment of the purchase price and all costs and expenses. In the event of a plurality of claims on our part, payments by the debtor shall be allocated primarily to those of our claims which are not (or no longer) secured by a reservation of title or other means of security. In the event of default, we shall be entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a rescission of the contract unless we expressly declare the rescission of the contract.
Place of performance
The place of performance for both our performance and the counter-performance is QuarttoLino e.U. Kremstalstraße 96, 4050 Traun, Austria.
Non-performance/delay in delivery and performance
The purchaser shall in any case accept minor delays in delivery without being entitled to claim damages or to withdraw from the contract. The delivery date shall be agreed as fixed insofar as we may withdraw from the contract by mere declaration in the event of default on the part of the contractual partner without setting a further period of grace. This declaration must be made within 2 days. We are entitled to claim all damages resulting from the delay. The delivery date shall be agreed as a fixed date. In the event of a delay, no withdrawal is required; the consequences of this are automatic.
Unilateral changes in performance
Objectively justified and reasonable changes to our obligation to perform or deliver, in particular reasonable delivery periods or short-term overruns of payment deadlines on our part, shall be deemed to have been approved in advance.
Warranty – notice of defects
Apart from those cases in which the right to rescission is granted by law, we reserve the right to fulfil the warranty claim at our discretion by improvement, replacement or price reduction. The transferee must always prove that the defect was already present at the time of handover. The goods must be inspected immediately after delivery. Defects discovered in the course of such inspection shall also be notified to the seller without delay, but at the latest within 1 week after delivery, stating the type and extent of the defect. Hidden defects shall be notified immediately after their discovery. If a notice of defect is not made or not made in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects shall be excluded in these cases. The warranty period for movable goods is 2 years.
Right of recourse pursuant to § 933b ABGB (Austrian Civil Code)
The right of recourse according to § 933b ABGB is excluded.
Apart from personal injury, we shall only be liable if the injured party can prove gross negligence on our part.
Any recourse claims which contractual partners or third parties may make against us under the title of “product liability” as defined in the Product Liability Act (PHG) shall be excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.
Offsetting against our claims with counterclaims of any kind whatsoever is excluded.
Prohibition of performance and retention of goods
Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an appropriate part of it.
All agreements, subsequent amendments, supplements, collateral agreements, etc. must be made in writing (including by e-mail) in order to be valid.)
Choice of law
Austrian substantive law shall apply to this contract; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
The court with subject-matter jurisdiction at the registered office of our company shall have local jurisdiction to decide on all disputes arising from this contract. However, we shall also have the right to take legal action at the general place of jurisdiction of the contractual partner.
Our customer agrees that invoices to him may also be created and transmitted electronically.
QuarttoLino e.U., Kremstalstraße 96, 4050 Traun, Austria.
Status June 2020.