Sales, delivery and payment conditions of PREDL Austria GmbH for products made from WPC
1.1. These sales, delivery and payment conditions apply to all sales and other legal transactions with our clients, unless mandatory legal regulations (e.g. Consumer Protection Act) stipulate otherwise. Deviating agreements and supplements are only binding if we have confirmed them in writing.
1.2. Our clients' own purchasing conditions are only valid if we have accepted them by confirming them in writing.
1.3. Oral side agreements are non-valid.
2. OFFERS / ORDERS
2.1. Our offers are subject to confirmation, provided they have no fixed term. The contracts become legally binding only after we have confirmed the order or delivered the merchandise.
The order confirmation can be issued via e-mail, internet, post, fax or other electronic text forms. We only accept telephone orders at the client's risk.
2.2. Confirmed prices are only valid if the amount ordered is purchased. Sales prices are only valid as fixed prices if we confirm them as such in writing; otherwise, the prices recognised in our price list on the day of delivery will be invoiced.
2.3. We reserve the right to raise the prices by an appropriate amount if we experience cost increases after concluding the contract. These can include wage increases under the collective bargaining agreement, increased material prices, fees, taxes, transport costs or other circumstances outside our control that influence purchase cost calculation.
3.1. The merchandise will be delivered at the buyer's expense unless free delivery was agreed upon.
3.2. We are entitled to perform and charge for partial deliveries.
3.3. Delivery free site or free warehouse assumes that the delivery route is navigable with a heavy goods vehicle. In any case, the client must assure that the merchandise will be properly and immediately unloaded at his expense.
3.4. Delivery periods we have promised are only binding if our suppliers have also made correct and prompt deliveries to us.
3.5. The merchandise shall be deemed delivered after the shipment is reported ready even if it is not called immediately. In such a case, we are entitled to store the merchandise at our client's expense.
3.6. Events that are unforeseeable or beyond our control, such as labour disputes, sovereign measures, traffic disruptions, natural disasters, transport damage, energy shortage, etc., release us from our duty to deliver during the time of their effects even if they were experienced by our suppliers or their upstream suppliers. If a delivery is impossible due to such events, our delivery obligation expires.
3.7. If we are in default of performance, or a performance impossibility is attributable to us, the client's claims for damages are excluded if they are not based on intent or gross negligence from us or one of our legal representatives or vicarious agents.
3.8. The merchandise will travel packed in a manner customary to the trade. Packing material will only be taken back or reimbursed if this is agreed in writing.
3.9. The merchandise is insured against transport damage, transport loss or breakage upon written instructions from the client, and then at his expense and on his behalf. Damages must be reported immediately after receiving the merchandise and their type and extent promptly communicated in writing. Claims arising from such damage are to be assigned to us upon request.
4. PRODUCT LIABILITY AND WARRANTY
4.1. We are liable for damages for which we are responsible as part of product liability, and for those we have caused, in accordance with relevant statutory regulations.
4.2. We are not liable for the correctness of information regarding handling and operation, if these are contained in prospectuses, technical descriptions or other instructions; these fall within the area of responsibility of the manufacturer and/or importer. We are also not subject to other duties of information – particularly for storage, maintenance, installation or other such handling.
4.3. For damages outside the scope of the Product Liability Law, we grant warranty only for merchandise delivered and assembled by us, in accordance with statutory regulations. Other claims are excluded. A prerequisite for carrying out warranty and guarantee services is an immediate written notification after discovering the defect. The warranty will not be extended due to defect removal. We shall not be liable for the costs of any defect removal performed by the client himself or by third parties. The warranty expires if the buyer or his agent incorrectly assembles or inadequately maintains the purchased item, or if repairs or alterations are made by third parties or by installing parts of foreign origin. Natural wear and tear and damage attributable to intent, negligence or improper treatment are excluded from the warranty. The warranty does not cover adjustment work. If a system is manufactured and assembled based on the client's specifications, models and stipulations, warranty shall be granted only for the implementation according to the client's information to the extent permitted by law – not for the correctness and suitability of the client's specifications. It is deemed agreed that we are only liable for domestic replacement or repair of inadequate parts or merchandise (within the Republic of Austria), and that no claim exists to this being performed at a different location or for a lower price. We are only liable for gross negligence. Liability for consequential damages (e.g. business interruption, etc.) is excluded, unless mandatory statutory regulations state otherwise.
4.4. Changes in the original colouration caused by climatic influences and UV effects are a natural occurrence that have no negative effects on the quality and durability of our WPC products.
5.1. Our invoices are due immediately unless otherwise agreed.
5.2. A right of retention on the part of our client is excluded. Offsetting counterclaims is only possible if they are undisputed or legally established.
5.3. We are entitled to charge our clients interest in the amount of the credit costs to be paid by us from the due date. In case of payment default, the guilty party is obligated to pay compensation for all legal and out-of-court costs arising in connection with collecting the claim, including collection charges.
6. RETENTION OF TITLE
6.1. Our merchandise is delivered exclusively under retention of title. The title is transferred to the client only after he has fulfilled all of his obligations toward us.
6.2. For open accounts, the reserved property acts as a security for the amount outstanding. If the merchandise we have delivered is mixed or linked with other objects, the client assigns us his ownership or co-ownership rights to the mixed items or the new objects, and shall retain these for us with due business diligence free of charge.
6.3. If our client is a retailer, he may only sell the merchandise we have delivered in typical business transactions and not agree with his customers to a ban on assignment. He is further obligated to impose our retention of title on its purchasers.
6.4. Processing, assembly and other types of utilisation also apply as selling.
6.5. The customer must notify us immediately of any impairment of our rights, in particularly through official orders. In case of attachments, he must send us a copy of the seizure report and an affidavit stating that the seized goods are subject to our ownership rights.
6.6. Until all our claims are paid in full, the client assigns at our request all claims that accrue against his customers from the future sales of merchandise we have delivered, including all ancillary rights and securities, in the amount of our invoiced amount plus 10%.
7. PLACE OF PERFORMANCE AND JURISDICTION
7.1. The place of performance for the delivery is the location from which the goods were delivered.
7.2. The place of performance for all obligations of the client is the registered office of our firm.
7.3. The place of jurisdiction is Graz.