General conditions for sale, delivery and payment
- Validity of the conditions
Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. They also apply to all future business relationships, even if they are not expressly agreed again. By ordering the buyer agrees with these terms and conditions. Silence of the seller or fulfilment of the contract is in no case an approval of any conditions of the buyer. Deviations from these terms and conditions are only effective if we have confirmed them in writing.
- Offer and contract
The following conditions apply for all agreements. Our offers are non-committal and non-binding. The customer is bound to his order for four weeks. Orders are only binding for us if they have been confirmed in writing or executed. The same applies to additions, ancillary agreements, reservations, modifications, as well as the assurance of properties. Place of jurisdiction is 6800 Feldkirch / Austria and place of payment and fulfillment is 6840 Götzis / Austria. This also applies to claims arising from bills of exchange or checks payable in other places, as well as for the execution of the judicial order for payment, and when the debtor has transferred his domicile or habitual residence outside the scope of the Code of Civil Procedure or his domicile or habitual residence is not known at the time of filing the action. For type and extent of deliveries and services a written order confirmation of the seller is decisive. The seller reserves the right to deviate from the usual commercial practice in respect of the services specified in brochures, illustrations, drawings and descriptions, in particular with regard to dimensions and colours as well as design and shape changes, which are carried out from the day the order is placed until delivery. If the use for the contractual purpose is not restricted the buyer is not able to derive any claims. The documents belonging to the offers, such as illustrations, drawings, weights or measurements or other technical data or information, merely identify the subject matter of the contract and do not constitute a guarantee of quality.
Unless otherwise agreed, all payments must be made immediately after receipt of the invoice without deduction. Unless otherwise agreed, the prices are always ex works without freight, packaging, insurance, installation and value added tax. Bills of exchange and checks are only accepted after special agreement and only on account of payment. Discount, bank and bill charges are to be borne by the customer. Our entire claim against the debtor becomes due if a bill of exchange or check is not redeemed or if the debtor is in arrears with two consecutive installments. Despite the contrary provision of the customer, we are entitled to first offset payments against his older debts, whereby the customer expressly waives any limitation of the claim. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main service. If the target is exceeded, default interest of 5% above the relevant discount rate of the Austrian National Bank shall be charged, without prejudice to further rights. The customer is only entitled to set-off, retention or reduction, even if complaints or counterclaims are asserted, if the counterclaims have been established on the right or are undisputed.
Shipment is at the expense and risk of the buyer, unless otherwise expressly agreed. The latter even if carriage-paid delivery or means of transport of the seller has been agreed. If an agreed delivery time is exceeded by more than 6 weeks, the customer can withdraw from the contract. Further claims, in particular for damages, are excluded. Delivery and performance delays due to force majeure and due to material procurement difficulties, breakdowns, strike, lockout, lack of people, lack of means of transport, official orders, etc., even if they occurred at suppliers of the seller or its subcontractors, entitle the seller, to postpone the delivery by the duration of the disability plus a reasonable delay. The seller is entitled to partial deliveries and partial services and with corresponding prior announcements also to premature delivery.
- Retention of title
All delivered goods remain the property of the seller until reception of full payment of all claims from the business relationship. The customer is entitled to process the goods in the ordinary course of business, to sell them, or to incorporate them into other genre items, but only as long as the customer is not in default with any payment and in consideration of the following provisions. Pledging or assignment as security of the reserved goods or the assigned claim is inadmissible. In accordance with ABGB, the customer does not acquire ownership of the goods by processing the reserved goods. The processing is done by the customer for the Natexgroup. However, the customer stores this product free of charge. If the retained goods are processed with other items not belonging to the customer, Natexgroup acquires co-ownership of the new item in proportion of the values of the reserved goods to the other processed items in accordance with the section of the ABGB. In this case the customer stores this product free of charge. The customer hereby assigns to the Natexgroup the claims arising from a resale or for any other legal reason (insurance, unauthorized action) regarding the reserved goods (including all balance claims from current account) as a precaution, also insofar as the goods have been processed. The Natexgroup must be notified immediately of seizures or access by third parties to the reserved goods, stating the attachment creditor. The third parties are to be made aware of the property of the Natexgroup. All costs incurred in this connection shall be borne by the customer. In case of breach of contract by the customer, in particular default of payment, the Natexgroup is entitled to take back the reserved goods at the expense of the customer. In the withdrawal as well as in the seizure of the commodity by the Natexgroup there is no resignation from the contract.
Notifications of defects must be made in writing to us in 6840 Götzis / Austria within 10 days. In case of recognizable defects and hidden defects notifications must be made in writing immediately after their discovery. If this period is missed, warranty claims can no longer be asserted. If a third party has repaired or attempted to repair the delivered goods, any complaint is excluded. In the case of justified notice of defects, we are obliged to provide for repair at our discretion free of charge or to replace the defective parts or the sales product. The costs of reworking shall be borne by the customer insofar as they result from the fact that the merchandise was moved to a place other than the place of residence or the commercial establishment. Claims for warranty shall lapse if we have chosen to remedy the defect and the customer does not take the measures necessary for the repair, in particular not to demand the cancellation of the contract after agreement on a date. The cancellation must be declared in writing within one week in 6840 Götzis / Austria, after doubtlessly determined, or we have the customer declared in writing that we are unable of reparation or replacement. Further claims, in particular for conversion, reduction or compensation for non-performance or for compensation for direct or indirect damage are excluded. Warranty claims are excluded in the case of natural wear and inappropriate or unprofessional handling. For products 2nd Choice (II. Wahl) any liability for defects is excluded. In the case of goods that we do not produce but only distribute, the warranty is limited to the rights we have against the supplier. We are entitled to require the return of the object in question for verification before we deliver replacement. The above paragraphs conclude the warranty of the goods and exclude other warranty claims of any kind. Any warranty claims of the customer are not assignable. The products supplied by the Natexgroup are entitled to Natexgroup copyrights. The customer may only use and resell these products within the frame of proper business operations.
- Applicable law
All legal relationships between the parties are governed by the law of the Republic of Austria. If the customer is a registered trader within the meaning of the Austrian Commercial Code (HGB) or a legal entity under public law, A-6800 Feldkirch is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The Natexgroup is however entitled to sue the customer also at other jurisdiction. Should one or more of the above provisions be or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected thereby. Rather, the invalid or unenforceable provision shall be replaced by an effective or enforceable provision which as far as possible achieves the economic purpose.