5. Delivery Conditions
5.1. If nothing else is agreed, delivery of goods is operated by shipment.
5.2. If delivery is impossible and the transport company returns the goods to the seller, additional costs have to be paid by the client. This does not apply if the client is not responsible for the circumstances of non-delivery or if the client was prevented for any reason, unless the seller had announced delivery to the client appropriate time before.
5.3. Risk passes to the client when the seller hands over the goods to the transport company, in case of accidental perishing or deterioration of the purchased goods. If the client is an entrepreneur, risk passes to the client at the moment of handover to the transport company, at the place of business.
5.4. In case of failure in delivery to the seller, the seller has the right to cancel the contract. This does only apply if the seller is not responsible for the impossibility of delivery. Due diligence of the seller on finding alternative covering transaction with the sub-supplier is requested. In case of unavailability or just partly availability of delivery the client will be informed immediately.
5.5. In case of collection by the client the client will be informed on time by e-mail that the goods are ready to pick up. After this e-mail and consulting the seller the goods can be picked up at the seller’s place of business. In this case here is no charge for transport.
5.6. Delivery and performance dates are subject to the timely delivery to the seller by his sub-suppliers, as far as the seller is not responsible for the impossibility or delay of delivery. Vis maior including strike, lockout, blockade, fire, traffic block, disturbance of energy or insufficiency of basic materials exceptional circumstances and other sovereign measures, which the seller is not responsible for, extend the delivery time appropriately. As far as delivery is impossible, partly impossible or unacceptable the seller may withdraw from the contract. The mentioned circumstances do not permit claims to compensations or reduction of price for the client.
6. Retention of title
6.1. Concerning customers: The seller shall retain title to all items delivered until full payment.
6.2. Concerning entrepreneurs: The seller shall retain title to all items delivered until the seller’s claim arising from the business connection have been paid in full.
6.3. It is permitted to resell the delivered goods before full payment has been made.
7.1. If the goods are defective, the statutory provisions apply.
7.2. Limitation period for customer claims is determined
a) for new goods, 2 years, starting with delivery at the place of the client
b) for used goods, 1 year, starting with handing over the items to the clients.
7.3. Contractual parties who are costumers are requested to complain goods immediately at the deliverer, if obvious damages caused by transport are detected and thereof to inform the seller. In case of failure to follow this procedure, it has no effect on the legal or contractual claims for clients.
7.4. In case of subsequent performance the client has to send back the defect products to the seller within 30 days. The reshipment has to be in accordance with the statutory provisions.
7.5. Misprints, model-modification, deviation of colour or structure differing to the description of the products are in retention of the seller.
The seller is liable out of every contractual, quasi-contractual and legal, as well as tortious claims, for damage compensation or any other compensation as follows:
8.1. The seller is liable on every legal basis without restrictions
a) in case of intent or culpable negligence
b) in case of culpable or intentional injury of life, body or health
c) in case of promising guarantee, as far nothing else is agreed
d) in case of cogent liability like the “Produkthaftungsgesetz”
8.2. If the seller breaches negligently an essential contractual obligation, the liability is limited to the typical, foreseeable damages, unless 8.1 is applicable. Essential contractual obligations are obligations that are required to reach the purpose of the contract, to which the client may rely on.
8.3. Any other liability is excluded.
8.4. The provisions above regarding liability also apply to vicarious agents and legal agents of the seller
9. General conditions
9.1. This contract shall be governed exclusively by the law of Austria. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. It is Austrian jurisdiction agreed. The place of jurisdiction for all litigation arising from this contract the place of the seller is agreed.
9.2. The place of jurisdiction for all actions arising out of this contract against customers who have their ordinary residence, domicile or place of employment in Austria, is where the customer has his ordinary residence, domicile or place of employment
9.3. If any part of these General Terms is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby.