Insofar as no special agreements or conditions are agreed on and are confirmed by us in writing, the following terms and conditions (AGB), to which the customer explicitly agrees by placing an order apply. The customer's own purchasing or other contractual conditions are not recognized by us. The supplier works solely according to the existing terms and conditions (AGB).
Offer and conclusion of a contract
Contracts and changes to them require the written form. An agreement to a departure from the written form requires the written form in individual cases. Offers and estimates are not binding; the contract only comes into being upon receipt of the order, by the sending of a written order confirmation by the supplier.
Our prices in the current price lists as well as all our price offers, whether written or verbal, apply without obligation and are net prices at the supplier's location, exclusive of VAT. They are based on the current costs for materials, energy and wages. Should there be a long period between order and execution, or should there be a framework agreement for ongoing deliveries or processing activities, and should the prices change within this time frame, the supplier is entitled to carry out a suitable price increase at the point in time of the delivery. Additional costs for materials arising from unsuitable conditions from the side of the customer, shall be billed by us in separate invoices.
Delivery, transportation risks and acceptance
The risks are passed over to the customer, as soon as the goods are handed over to the transporter for loading. The loading, transportation and unloading always take place at the risk of the customer, even when carriage paid delivery is agreed on. Transport insurance for delivery and collection of the processed items is not covered by us. This is only undertaken if we are requested to do so in writing. All costs accrued as a result are borne by the customer.
Delivery deadlines are in general non-binding, unless the adherence is explicitly guaranteed, for example, for fixed appointments, binding delivery day, etc. Only in a case of a performance default caused by the supplier, may the customer withdraw from the contract, after the setting of a extension period, which shall in no case exceed two weeks. Other claims or claims exceeding this in any form, such as in particular claims for damages, are excluded, unless the delivery firm displays gross negligence or intent.
Conditions of payment
If payment terms are not adhered to, we reserve the right to attribute default interest in the amount applicable to businesses. Set-offs and retention by the customer are generally excluded, unless set-offs or retention are explicitly recognised by us in writing or if this has been determined by the legal system. In special cases, we reserve the right to only make deliveries against advance payments.
This applies especially in the case that circumstances which reduce the creditworthiness of the customer exist. In such cases we are also entitled to a cancellation of the contract, without any claims arising for the customer from this.
Delivered goods remain our property until the complete payment of the selling price.
Packaging, return shipment
Generally speaking, the delivery as well as the return of goods to be refined by us are done in the customer's own packaging or customer's transport container.
Should the customer not provide any suitable packaging material for the return of the goods, the supplier maintain the right to package the goods suitably for delivery at the cost of the customer.
The goods are to be check without delay upon delivery or collection, as far as this is doable in keeping with proper business procedures, and a defect reported to the supplier. The timely notification suffices for the safeguarding the rights of the customer. If the defect was maliciously concealed by the supplier, he cannot refer to this rule. In case of a return of goods, the original delivery number of the supplier must be included on the bill of consignment, the invoice or on other return documents.
Negligible differences in gloss level do not count as defect and must be accepted.
The warranty period is 12 months. The warranty claim lapses if it is not asserted in court within this period. In case of an application of the warranty, the warranty period is neither interrupted nor stopped, nor does this trigger the beginning of a new warranty period.
The existence of a defect is always to be proven by the customer. The lawful assumption in accordance with section 924 ABGB (Austrian Civil Code) is amicably excluded.
Claim for damages and liability
For damages of all types - excluding personal damages - including damages in the fulfillment or non-fulfillment of the contract, due to actions in tort or neglect and from defects, is the supplier only liable in so far as such damages are caused from gross neglect or intent.
All claims for damages extending beyond these are excluded. The claim from product liability is not affected by this.
Place of delivery, place of jurisdiction
Place of delivery and payment is the headquarters of AUDIA Diamantwerkzeug GmbH. Place of jurisdiction for all disputes is Wiener Neustadt, but we can however select another jurisdiction of our choice which can also be customer's place of jurisdiction. The Austrian material law is applicable with the exclusion of the UN Sales Of Goods Law.
In the case that this AGB underlay a consumer business within the meaning of the Consumer Protection Act, the provisions of the KSchG (Protection Against Dismissal Act) and the ABGB apply.