Conditions

General Terms and Conditions of ism-technic GmbH

Acceptance of the order

Our deliveries are made exclusively on the basis of the following conditions. Changes and additions thereof require the written form. The conditions (of the buyer) are only valid, as far as they comply with our conditions of sale, even if in the conditions of the buyer the opposite is laid down and not contradicted by us. All our offers are non-binding. The obligation to deliver shall only become effective upon written confirmation of the acceptance of the order; changes or cancellations of orders require our written approval to be effective. Technical documentation, such as drawings, descriptions, Illustrations as well as measurements and weights are only approximate. We reserve the right to change the final version. If undertakings regarding the quality and capacity of products to be produced are taken over within the scope of plant deliveries, the buyer is obligated to adapt his workpieces as far as reasonably practicable to the requirements of mechanized material processing and manipulation or to prepare them according to the state of the art and for dimensional accuracy and cleanliness parts and their provision as a basis for trouble-free mechanization. We reserve the right to change the final version. If undertakings regarding the quality and capacity of products to be produced are taken over within the scope of plant deliveries, the buyer is obligated to adapt his workpieces as far as reasonably practicable to the requirements of mechanized material processing and manipulation or to prepare them according to the state of the art and for dimensional accuracy and cleanliness parts and their provision as a basis for trouble-free mechanization. We reserve the right to change the final version. If undertakings regarding the quality and capacity of products to be produced are taken over within the scope of plant deliveries, the buyer is obligated to adapt his workpieces as far as reasonably practicable to the requirements of mechanized material processing and manipulation or to prepare them according to the state of the art and for dimensional accuracy and cleanliness parts and their provision as a basis for trouble-free mechanization.

Delivery time

Claims on the occasion of any exceeding of the delivery date can not be made by the buyer. The adherence to promised delivery dates depends on the receipt of agreed advance payments, punctual settlement of any previous deliveries, as well as the clarification of all execution details of the unit to be delivered.
Partial deliveries are permitted unless they are precluded by written agreements.
Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract, insofar as it has not yet been fulfilled, without the purchaser being entitled to any compensation. Events of force majeure are or apply as such, eg: mobilization, war involvement, breakdowns, strikes, lockouts, as well as all circumstances that make the delivery considerably more difficult or impossible, such as official measures, occurred fire damage, traffic disruptions, etc., namely regardless of whether these circumstances occur with us or our suppliers.
In the case of cessation of payment or bankruptcy opening of the assets of the buyer, the obligation to deliver is void.

Prices

The prices specified in our order confirmation apply. Subsequent increase in costs (wages, freight, public expenses, fees, etc.) and the prices of goods entitle us to corresponding surcharges. Our prices are "ex works" and excluding packaging.

Payment

Unless otherwise agreed, our invoices are payable as follows:
Domestic: Invoices for machinery and equipment
30% down payment upon conclusion of contract
30% upon expiry of half of the agreed delivery time
30% immediately after notification of readiness for shipment before delivery
10% immediately after commissioning, at the latest within 30 days after date of invoice net
Invoices for spare and wear parts
14 days after receipt of invoice net
abroad: Invoices for machinery and equipment
1/3 when ordering
Remainder by means of irrevocable confirmed letter of credit.
Assembly and service bills are generally due immediately.
Incoming payments are initially credited to any outstanding arrears.
When reselling the delivered goods, the invoice amount is due immediately.
In the event of late payment, subject to the assertion of further damages, we shall be entitled to default interest of 3% above the respective lombard rate of the Austrian. National Bank to calculate. The buyer can only offset against our claims or assert a right of retention if the counterclaim is undisputed or a legally valid title exists.
In case of default, all dunning and collection charges are to be replaced.

Ownership

We reserve the title to the delivered goods until the fulfillment of all claims arising from the business relationship, whereby the buyer has to allow us the official registration of our retention of title at any time, if this is desired by us. The buyer is obligated to insure delivered goods subject to retention of title against fire and theft at his expense and to prove to us the conclusion of the insurance on demand at any time. The claims of the buyer to the insurance company for compensation are hereby assigned to us. We are entitled to reclaim goods delivered in case of late payment or payment difficulties. The return is only valid as a withdrawal from the contract, if the buyer is expressly informed in writing. Otherwise, the return takes place to secure our claims. The transport costs and storage costs associated with the return are at the expense of the buyer. The same applies to any impairment and dismantling costs. Resale of the goods delivered by us, in particular beyond the borders of the country after the delivery has been made by us, is only permitted with our written consent, which must be obtained in advance. In the case of goods purchased and delivered under retention of title, the claim of the reseller in the amount still available to us shall be deemed to have been assigned to us prior to completion of the resale. Pledging or transferring the goods purchased or delivered under retention of title is not permitted. Access by third parties to our securities, eg seizures, must be reported to us in writing without delay.

Shipping

Transports are at the risk of the buyer, even if carriage paid delivery is agreed. For freight paid delivery, the choice of means of transport must be left to us. The insurance of our shipments is solely a matter for the buyer and always at the expense of the buyer. Shipping instructions are to be given with the order, otherwise we remain shipping and shipping route, without liability for the fastest and cheapest Befürderung left. Any damage or loss must be determined and certified by the recipient immediately upon acceptance of the goods under assertion of the claims in each case by rail or by the carrier or consignor. From the title of a transport damage or a shortage, the acceptance of the goods can not be denied. If the purchaser provides workpiece samples, the purchaser shall be liable for damage or loss of these samples. The shipping costs, including any import charges, are to be borne exclusively by the buyer. We do not take back packaging of any kind.

Complaints

An agreed inspection or acceptance has to be carried out in the delivery works before the goods leave the factory. Upon leaving the factory, the goods are considered to be conditionally delivered in all respects. This shall also apply if the goods have not been checked or accepted by the buyer at the agreed time, or if the buyer has waived inspection or acceptance. Notification of defects must be notified to us within one week after receipt of the goods by registered letter and return of the delivery note. In the case of an authorization, we are after freight-free receipt of the goods only for replacement of the defective part or, at our option, obliged to repay the purchase price. Notifications of defects do not entitle the buyer to change the terms of payment, in particular not to postpone the payment date.

Fulfillment and jurisdiction

Place of fulfillment is our domicile in Wr. Neudorf. The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the district court Wr. Neustadt locally and objectively competent Austrian court agreed. However, we are also entitled to call the court having jurisdiction over the location of the supplier, or instead of the ordinary courts, an arbitral tribunal. In this case, the ordinary legal process is excluded. It then applies the Arbitration of the Federal Chamber of Industry and Commerce Austria. Arbitration shall be initiated by notice by registered letter to the supplier.

Warranty

We provide warranty for deliveries of equipment for a period of 12 months in single-shift operation, up to a maximum of 2,000 operating hours. The prerequisite for this is the correct operation of the delivered system. In multi-shift operation, the warranty is reduced accordingly. We provide warranty for the duration of 6 months on delivered system components or spare parts, with the exception of wear parts. The warranty period generally begins when the goods leave the factory. If the shipment is delayed due to the fault of the purchaser, the warranty period for systems or system components ends at the latest 15 months after notification of readiness for dispatch. We undertake to replace parts that have been proven to be damaged or unusable as a result of poor material, faulty construction or defective performance, repair or replace as soon as possible. Any further liability is excluded; in particular, the obligation to pay compensation does not apply to parts subject to natural wear. The warranty obligation extends only to the repair or replacement of the defective parts; Installation costs are charged to the customer. Replaced pieces are to be returned to us immediately. We can not assume any further liability for direct or indirect damages; We are also not liable for the costs incurred by improper treatment on the part of the buyer. The warranty expires immediately and completely if the buyer or by third parties without our written approval changes or repairs, or does not use original spare or wear parts. Without special written agreement, we do not guarantee that the devices supplied by us comply with foreign regulations. Warranty claims expire at the latest three months after rejection of the notice of defects. Technical data and service descriptions in this offer / order confirmation are quality specifications. Guarantees are taken over by ism-technic GmbH only by express written agreement and according to the guarantee conditions agreed in the individual case. Unless stipulated otherwise in the written guarantee agreement, ism-technic GmbH is liable only in the context of the general contractual warranty and compensation provisions. Warranty claims expire at the latest three months after rejection of the notice of defects. Technical data and service descriptions in this offer / order confirmation are quality specifications. Guarantees are taken over by ism-technic GmbH only by express written agreement and according to the guarantee conditions agreed in the individual case. Unless stipulated otherwise in the written guarantee agreement, ism-technic GmbH is liable only in the context of the general contractual warranty and compensation provisions. Warranty claims expire at the latest three months after rejection of the notice of defects. Technical data and service descriptions in this offer / order confirmation are quality specifications. Guarantees are taken over by ism-technic GmbH only by express written agreement and according to the guarantee conditions agreed in the individual case. Unless stipulated otherwise in the written guarantee agreement, ism-technic GmbH is liable only in the context of the general contractual warranty and compensation provisions. Guarantees are taken over by ism-technic GmbH only by express written agreement and according to the guarantee conditions agreed in the individual case. Unless stipulated otherwise in the written guarantee agreement, ism-technic GmbH is liable only in the context of the general contractual warranty and compensation provisions. Guarantees are taken over by ism-technic GmbH only by express written agreement and according to the guarantee conditions agreed in the individual case. Unless stipulated otherwise in the written guarantee agreement, ism-technic GmbH is liable only in the context of the general contractual warranty and compensation provisions.

Return

If the purchaser returns the goods due to an agreed or statutory right of withdrawal, he shall owe the supplier compensation for any transport costs incurred and a restocking fee equal to 20% of the net product price. Further claims of the purchaser, in particular a claim for compensation for damages that have not arisen on the delivery item itself, such as loss of material, tools and wages are excluded, unless they are based on gross negligence. In this case, the compensation will be limited to the maximum value of EURO 2,000.-. In the case of a failure of the replacement delivery, however, the purchaser has the choice between a reduction of the price or a cancellation of the contract.

Damages and product liability

The obligation to pay compensation for product liability claims, which can be derived from provisions other than the Product Liability Act, are excluded. The object of purchase only provides the security which can be expected based on the current state of science and technology based on approval regulations, operating instructions, regulations of the supplier regarding the treatment of the delivery item (operating instructions), in particular with regard to the prescribed checks and other instructions. (With regard to transfer of risk): At this time, the object of purchase in the sense of the 6 ProdHG has been transferred into the power of disposition of the buyer and thus placed on the market. Any claims for damages due to non-contractual delivery or violation of due diligence obligations, no matter on what legal ground they are based, limited to the purchase price of the goods concerned. Liability for indirect and consequential damages is excluded. These liability regulations also apply to the benefit of the employees and legal representatives of the supplier.

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