Die Allgemeinen Verkaufsbedingungen gelten für alle Angebote, Verkäufe und Lieferungen, soweit nichts Abweichendes vereinbart und von uns schriftlich bestätigt wird. Geschäftsbedingungen des Kunden sind nur anwendbar, wenn wir uns mit diesen schriftlich einverstanden erklärt haben. Durch die Bestellung oder Annahme der Ware anerkennt der Kunde die Verbindlichkeit dieser Verkaufsbedingungen.
Orders are only binding for us within the framework of the conditions when the final execution of the ordered item has been clearly determined and the order has been confirmed by us in writing. If for any reason, such as: unforeseen obstacles to delivery, in particular strikes, lockouts, failure to deliver materials, interruption of transport routes, government intervention or other cases of force majeure, make it impossible to export the order, we are entitled to extend the specified delivery time or withdraw from the contract, even for confirmed orders.
Shipment is usually on account, but always at the risk of the buyer.
Delivery times are only to be considered as approximate and subject to change. Even if specific delivery dates have been promised, claims for damages for late delivery cannot be asserted against us. Deliveries agreed on call must be accepted within six months of acceptance of the order at the latest, otherwise the customer shall be subject to the legal consequences of default in acceptance. Furthermore, we reserve the right in this context to insist on deliveries or to withdraw from the contract, in which case we shall charge the customer in full for the damage arising from the non-fulfillment of the contract. If the delivery period specified by us is exceeded by more than four months, then the customer may withdraw from the contract after granting a grace period of one month. We shall also have the right to withdraw from the contract if, after acceptance of the order but before delivery, circumstances become known which make full compliance with the customer's contractual obligation appear questionable, in particular in the event of the opening of bankruptcy proceedings or composition proceedings against the customer.
We reserve the right to over- or under-deliver by up to 10% in the case of bearings which have to be specially made. In addition, special productions are subject to special sales conditions (according to applicable agreement).
We reserve the right to accept or reject the cancellation of an order. In case of cancellation by the customer, the customer is obliged to pay a cancellation fee in the amount of 30% of the order total.
The delivered goods remain the property of the seller until full payment of all claims arising from the business relationship with the buyer. Bills of exchange and checks are only considered as payment when they are cashed. The customer is entitled to process and sell the goods in the ordinary course of business. However, in the event of resale, the customer shall be obligated to notify his buyer of the retention of title in our favor and shall assign to us in advance those claims which will accrue to him from a resale of our goods to a third party, of which the customer shall notify the third-party debtor (buyer). However, he may not pledge the goods or assign them as security. Furthermore, he is obliged to inform immediately about seizures of the goods by other creditors. In the event of closure or abandonment of the customer's business, we reserve the right of pre-sale of the remaining products delivered by us.
We are prepared to restore or replace, at our option, in whole or in part, bearings which are proven to be unserviceable within one year of delivery as a result of defects in material or workmanship. We are not liable for consequential damages as well as natural wear and tear caused by the period of use or for damages caused by improper handling, such as: wrong type selection, assembly, overuse or contamination and rust. In order to benefit from the warranty, the customer must fully comply with all payment obligations due. Any set-off prior to issuance of a credit note by us is excluded. Replacement deliveries or credit notes can only be issued after perfect determination of the obligation to replace by means of a detailed inspection in the factory. For this purpose, rejected goods are to be sent in at no cost to us. In urgent cases of need, replacements will be delivered at the respective daily price and credit will be issued after determination of the obligation to replace. Liability for property damage and financial loss resulting from a product defect is excluded for all companies involved in the production and distribution.
The purchaser (customer) also undertakes to indemnify us vis-à-vis the next contractual partner, or to include us in his indemnification clause with the next contractual partner. In the event of non-compliance, the buyer shall indemnify and hold us harmless. Claims for damages independent of the Product Liability Act and claims for recourse within the scope of the Product Liability Act are also excluded for all cases of slight negligence.
Prices are subject to change and, unless otherwise agreed, are exclusive of packaging, which will be charged at cost but will not be taken back. Deliveries are invoiced at the prices and discounts valid on the day of dispatch. The granting of a discount from the basic or list price shall always be subject to the condition that the purchase price is received in full on time. In case of delayed payment the granted discount does not apply! The invoiced price in this case, retroactively for all open invoices, is the list price according to our current price list, even if the net price was agreed.
Complaints due to quantity and condition of the consignment or defective packaging can only be considered within 8 days after receipt of the goods with loss of compensation, price reduction or other claims of any kind. Silence beyond this time is considered as approval of the goods, the shipment and the invoice.
The place of performance for delivery and payment, as well as the place of jurisdiction for all disputes arising from the contractual relationship, including actions on bills of exchange and checks, is Korneuburg. The application of Austrian law is agreed.