General terms and conditions
1. General:
The following sale and delivery terms and conditions apply to all deliveries and services, even where the purchaser stipulates otherwise. The acceptance of goods is considered as your acknowledgement of our sale
and delivery terms and conditions. Additions and changes to these sales and delivery terms and conditions must be made in writing to be legally valid.
2. Offer:
Our offers are subject to change and non-binding. Information about dimensions, weight, quantities, technical data and delivery times are non-binding. Ownership and copyright for all cost estimates, designs and documents remain with us: you may not make these available to third parties.
3. Purchase order:
Orders shall only be deemed accepted if they have been confirmed by us in writing. Agreements made orally and by telephone must be confirmed in writing. We retain the right to withdraw from the contract even after written confirmation or the order has been provided if e.g. we lack sufficient information about the purchaser. The stated delivery time is non-binding.
4. Prices:
Our prices are subject to change until the order is complete. The final price is determined on the day that the ordered goods are dispatched. Any price increases or reductions are determined or changed when our suppliers also determine or alter their prices. Errors in pricing entitle us to re-calculate the final price. Prices are given ex sales location or ex works, excluding packaging and delivery costs.
5. Terms of payment:
Our invoices are due for payment within 30 days from the date of invoice, free of charges and deductions. Invoices for chlorine, heat transfer fluids and cooling brines are payable immediately and in full. The acceptance of promissory notes and customer bills will also only be accepted on account and requires a separate agreement. All costs associated with this are borne by the presenting party. Unknown customers must use cash on delivery. If, after successful delivery, we become aware of circumstances that affect the creditworthiness of the customer, we are entitled to demand immediate payment without regard to due dates. We shall charge reminder fees and default fees in the case of late payment from the 31st day after the date on the invoice at normal banking rates. Interest calculations and discount invoices must be paid immediately and in full. The right to withhold or offset invoiced amounts on the part of the purchaser/buyer is excluded, except where such as demand is legally admissible.
6. Delivery:
All deliveries are chargeable to the customer and at the risk of the customer. Packaging is considered as a cost of sale. Canisters and containers may not be returned. We will credit back two thirds of the calculated packing costs for the carriage paid return of crates, crate packing, etc. to one of our sales locations. Where shipment is delayed due to the fault of the purchaser, risk is transferred to the purchaser at the time they are notified that the goods are ready for dispatch. Any resulting storage costs (after the transfer of risk) are to be borne by the purchaser. Insurance against all kinds of shipment risks will only be taken out when expressly requested by the purchaser and at their cost. The agreed delivery times can only be met where the goods to be delivered are made available on time by suppliers. If this does not happen, the delivery deadline is extended by an appropriate period. (Fixed delivery times will not be agreed).
7. Deposit containers:
Steel bottles, iron vats and similar are provided free of charge and against payment of a refundable deposit from the time of handover until 31st December of the following year. During the usage period, the container may only be filled with our products and must not be used improperly. The container must be returned within 14 days of the end of the usage period. Damaged and/or dirty containers will be charged against the deposit amount paid plus a penalty of EUR 100. If, for whatever reason, the user does not return the container within 14 days of the end of the usage period, we will charge the applicable purchase on the scheduled day of return as compensation not subject to reduction by judgement (Article 1336 ABGB). Our published prices will apply.
8. Notice of defects:
Claims for incomplete or incorrect deliveries as well as complaints due to apparent and clear defects must be made immediately in writing or by phone. A suitable sample depending on type and quantity of product for undertaking a thorough examination of the delivery in question must be sent to us immediately.
9. Warranty:
a) We provide a warranty of one year from the time at which the purchased item is dispatched for cooling and air conditioning supplies supplied by us as part of our sales programmes.
b) The warranty will, as to be chosen by us, take the form of either a repair of the purchased item or a free replacement (exchange) of the parts for which the claim has been made by delivery of new or replacement parts, provided that we have determined upon inspection that the purchased item is indeed faulty. Price reductions or changes in the order are excluded, unless
we are unable to fulfil our warranty obligations through repair or replacement within a reasonable period of time. Where the buyer has themselves undertaken action to resolve a defect (including having repair work carried out by a third party, etc.), we will only cover the costs of this where we have given written agreement to this effect.
Such reimbursement of costs is in any case limited to double the amount of the purchase price of the defective item. In no case will we provide warranty where operational and/or operating instructions have not been followed, for improper assembly/installation, replacement under abnormal conditions or operating circumstances, poor maintenance, repairs or modifications carried out poorly or without our express agreement by a person who is not an employee of our company or appointed by us, as well as normal wear and tear.
c) Immediate replacement:
If we replace the purchased part that is under warranty within the warranty period, this in no way constitutes an acknowledgement of a defect and/or personal liability. The replacement is made solely as a gesture of goodwill.
10. Claims for damages:
We will only pay damages where it can be shown that such damages are the result of intent or gross negligence on our part. The amount of the claim is limited to double the amount of the purchase price of the defective item.
11. Guarantee:
A guarantee for cooling system supplies supplied by us is provided only with the consent of the relevant manufacturer. The acceptance or rejection of a guarantee claim is dependent on the decision of the manufacturer.
12. Returns:
Returns and exchanges are only permitted with our consent. Shipments must be sent carriage paid to the address provided by us. Credited amounts, regardless of type, will not be refunded. Instead, they will be offset against future invoices. Invoices for repairs are payable immediately and in full.
13. Retention of title:
Supplied items first become the property of the buyer when the full purchase price as well as all other demands arising from the sale (interest, warning fees) have been paid. Collection of bills of exchange are not considered as payment. Supplied items therefore remain our property - even in processed condition - until payment has been received. Pawning, use as a security and similar is not permitted while there are outstanding payments due for the goods. Any payment requests resulting from the resale of the goods to third parties are ceded to us until complete payment has been received without a separate declaration of assignment being required. This applies also for goods delivered by us that have been further processed into a commercial unit. In the case of goods that have already been used, or are a special production that deviates from the commercial norm, property rights or possible redemption due to schedule changes on the part of the buyer, the maximum value that can be credited back is the amount that remains for the best possible use after deduction of reworking costs. The buyer undertakes to handle our goods with care to prevent deterioration, theft, fire and other damages.
14. Place of fulfilment, place of jurisdiction, partial nullity:
The place of fulfilment and jurisdiction is Salzburg. The contractual relationship is subject to Austrian law. Should any individual clause in these conditions be invalid, entirely or in part, then the remaining clauses and/or parts of such clauses remain unaffected. Any condition considered invalid is to be replaced by a new valid condition that most closely matches the commercial purpose of the invalid condition.
