Terms and Conditions

1.1 Offers that do not contain an acceptance period are non-binding.

2.1 The contract is deemed to be concluded when we have confirmed acceptance of an order in writing after receipt. Verbal agreements are only valid if they have been confirmed in writing.

3.1 Our order confirmation is decisive for the scope and execution of the delivery. Materials or services not included therein will be charged separately.

4.1 Technical documents such as drawings, descriptions, illustrations and the like as well as any weight information are only approximate unless they have been expressly designated as binding; we reserve the right to make any changes that seem necessary.

4.2 Technical documents must be treated confidentially by the customer. They remain our intellectual property and may not be copied or reproduced, made known to third parties in any way, or used to produce the work or components. They may be used for operation and maintenance.

4.3 All documents relating to offers that do not lead to an order must be returned to us upon request.

5.1 The customer must inform us of the legal, official and other regulations that must be observed when fulfilling the contract.

6.1 Our prices are net ex works, without packaging, in freely available “Euro €”, without any deductions. All additional costs such as the costs for packaging, freight, insurance, export, transit, import and other permits and certifications are borne by the customer. The customer must also bear all types of taxes, duties, fees and customs duties. If we have included the costs for packaging, freight, insurance and other additional costs in our offer or delivery price or have shown them separately in the offer or order confirmation, we reserve the right to adjust our rates accordingly if the tariffs change.

6.2 Price adjustments will be made after the contract has been concluded if:
– sliding prices have been agreed,
– a delivery period is subsequently extended for one of the reasons stated in section 9.2,
– the scope of the agreed deliveries or services has changed, or
– the material or the design has changed because the documents provided to us by the
customer did not correspond to the actual circumstances or were incomplete.

7.1 Payments are to be made by the customer in Gumpoldskirchen (A), without any deductions such as discounts, expenses, taxes and fees, without exception by bank transfer, in accordance with the conditions contained in the order confirmation. The payment obligation is fulfilled when “Euro €” have been made available to us in Austria. If partial deliveries are invoiced, payment must be made in accordance with the agreed payment terms for each individual delivery. The payment deadline is, unless otherwise agreed, 14 days net after invoicing.

7.2 The payment deadlines must also be met if transport, delivery, assembly, commissioning or acceptance of the delivery are delayed or prevented for reasons for which we are not responsible. It is not permitted to reduce or withhold payments due to
complaints, claims or counterclaims from the customer that we do not recognize. Payments must be made even if insignificant parts are missing, but this does not prevent the delivery from being used, or if rework on the delivery proves necessary.

7.3 If the customer does not meet the agreed payment deadlines, he must pay default interest from the due date without a special reminder. In the event of late payment, reimbursement of all reminder and collection costs, as well as interest of 1% per month, is deemed to be agreed.

8.1 The device delivered by us remains our property until full payment has been made. The customer is obliged to cooperate in any measures required to protect our property.

9.1 The delivery period begins as soon as the contract has been concluded, all official formalities such as import and payment permits have been obtained, the payments to be made when ordering and any securities have been provided and the essential technical points have been settled. It is deemed to have been met if, upon expiry, delivery has been confirmed at the factory.

9.2 The delivery period will be extended appropriately:
– if the information we need to execute the order is not received in time or if the
customer subsequently changes it and thus causes a delay in delivery;
– if obstacles arise that we cannot avert despite exercising all due care, such as epidemics, mobilization, war, riots, strikes, closures and lockouts, significant operational disruptions, accidents, labor disputes, late or incorrect delivery of the necessary raw materials, semi-finished or finished products, rejection of important workpieces, official or other measures of any kind, transport obstacles, natural events;
– if the customer is behind on the work to be carried out or in the fulfilment of his contractual obligations, in particular if he does not comply with the payment terms.

9.3 A contractual penalty for late delivery requires a special written agreement. It can only be claimed if the delay was demonstrably our fault and only if the customer can prove that he suffered damage as a result. If the customer is helped by a replacement delivery, the right to a contractual penalty is waived.

9.4 Any contractual penalty shall amount to a maximum of 0.25% for each full week of delay, but not more than 5 percent in total, calculated on the ex-works sales price of the delayed part of the delivery (i.e. excluding all expenses for packaging, customs, fees of any kind, assembly, etc.). For delivery periods of more than 6 months, the customer is not entitled to a contractual penalty for the first two weeks of the delay.

9.5 In the event of delayed delivery, the Purchaser shall have no right to compensation or withdrawal from the contract.

10.1 The delivery is inspected before dispatch in accordance with our relevant inspection regulations at our expense. Further tests must be specifically agreed upon when the contract is concluded and are at the customer’s expense.

10.2 The customer must inspect the delivery within a reasonable period of time and immediately notify us in writing of any defects for which we are responsible due to our contractual obligations. If he fails to do so, the delivery is deemed to have been approved.

10.3 Acceptance tests are only carried out if they have been agreed in writing with the customer. They are carried out in our workshops as far as circumstances permit. If they cannot be carried out within the specified period for reasons for which we are not responsible, the properties determined by these tests are deemed to be present.

10.4 If the delivery proves not to be in accordance with the contract during one of the above-mentioned tests, the customer must give us the opportunity to rectify the defects immediately.

10.5 Further rights of the Purchaser due to defective delivery, in particular claims for damages and withdrawal from the contract, are excluded.

11.1 We charge separately for packaging and do not take it back. However, if it is designated as our property, it must be returned to us carriage paid.

12.1 Benefit and risk are transferred to the customer at the latest when the delivery leaves the factory, even if the delivery is carriage paid, cif, fob, under similar clauses or including assembly or if the transport is organized and managed by us. If shipping is delayed or prevented for reasons for which we are not responsible, the delivery will be stored at the customer’s expense and risk.

13.1 Special requests regarding shipping and insurance must be communicated to us in good time. Transport is carried out at the customer’s expense and risk. Complaints relating to transport must be addressed by the customer to the last carrier immediately upon receipt of the delivery or the freight documents.

13.2 Insurance against damage of any kind is the responsibility of the customer. Even if we are responsible for taking out the insurance, it is deemed to have been taken out on behalf of and for the customer’s expense and risk.

14.1 If we also undertake assembly, our general assembly conditions apply.

15.1 During the guarantee period, we undertake, upon written request from the customer, to repair or replace as quickly as possible, at our discretion, all parts of our delivery that are demonstrably defective or unusable due to poor material, faulty design or poor workmanship. Replaced parts become our property.

15.2 We bear the costs for repairing or replacing the defective parts at our company headquarters in Gumpoldskirchen. All other expenses, such as insurance for transport, packaging, postage or travel costs for our technicians, are borne by the customer.

15.3 Other rights of the customer due to defective delivery, in particular for compensation and withdrawal from the contract, are excluded.

15.4 The guarantee period is 12 months, 6 months for day and night operation. It begins with readiness for dispatch or completion of commissioning, if done on our behalf. If shipping, assembly or commissioning is delayed for reasons for which we are not responsible, the guarantee period ends no later than 18 months after the goods are ready for shipping.

15.5 For replaced parts, the guarantee period begins again; it ends no later than 24 months after the start of the guarantee period for the main delivery or, if shipping, assembly or commissioning was delayed for reasons for which we are not responsible, no later than 30 months after the main delivery is ready for shipping.

15.6 The guarantee does not cover damage resulting from natural wear and tear, inadequate maintenance, disregard of operating instructions, incorrect operation, excessive stress, unsuitable operating materials, chemical or electrolytic influences, sand-containing, encrusting or contaminated water, corrosion, erosion, cavitation and the like, defective construction and assembly work not carried out by us, and other reasons for which we are not responsible.

15.7 The guarantee expires if the customer or third parties make changes or repairs to the delivery without our written consent, or if the customer does not immediately take suitable measures to prevent the damage from becoming greater and to enable us to remedy the defects.

15.8 If the customer does not assert specific claims under the guarantee in writing before the end of the guarantee period, we are released from our obligations under the guarantee.

15.9 For third-party deliveries, we only accept a guarantee within the scope of the subcontractor’s guarantee obligations.

16.1 We undertake to carry out the delivery in accordance with the contract and to fulfil our warranty obligations. We exclude any further liability towards the customer for any damage.

17.1 The place of performance for the customer and for us is Gumpoldskirchen (A), even if the delivery is carriage paid, CIF, FOB or under similar clauses. If we have also undertaken assembly, the installation site shall only be the place of performance with regard to our assembly obligations.

18.1 The place of jurisdiction for us and our customer is Wiener Neustadt (A). However, we also have the right to appeal to the court responsible in the customer’s country.

18.2 The legal relationship is subject to Austrian law.

19.1 These General Terms and Conditions of Delivery apply to all points that are not mutually agreed upon in writing. Special conditions of the customer that conflict with these General Terms and Conditions of Delivery only apply if we have agreed to them in writing.