General business terms and conditions
KONRAD Forsttechnik GmbH, A-9451 Preitenegg
All business with us must be in accordance to our terms and conditions, unless agreed upon specifically and confirmed in writing by us. Buyers terms which vary to ours must be clearly agreed upon in writing by us or they are invalid. Written acknowledgments from a buyer with reference to his own terms and conditions will not be accepted. Our general terms and conditions are an integral and essential part of each quote and agreement with us. A legal obligation for the company KONRAD Forsttechnik exists only when a quote has been confirmed in writing by us or a contract has been signed in the usual company manner.
Our quotes are not binding and can be changed without notice. Orders are only valid after they have been confirmed in writing by us. We reserve the right to make deviations in engineering and design to descriptions and details found in our pamphlets and catalogues or documents aswell as type, construction and material changes in accordance with progress in these areas. Is this the case, no action can be taken against us.
3. Plans und documents:
KONRAD Forsttechnik holds the absolute title and copyright on all plans, sketches and other technical documents aswell as quotes, drawings, samples, catalogues, pictures and such. They can only be reproduced, copied, distributed, published or presented with the owners strict permission.
All prices are quoted from the ex Work , as net prices without packaging unless stated otherwise in the contract. Extra charges due to a rise in production costs (be they for materials , wages, customs clearance, freight, exchange rates, taxes, bank rates etc.) in the time between order and delivery are carried by the buyer. All extra costs eventuating from financing, a possible guarantee for payment with referal to a titles register, court and lawyer costs, collateral intervention by a lawyer, fees, taxes etc. must be carried by the buyer. VAT (value added tax) must also be added to all costs claimed by us from the buyer, especially the taxable extra costs mentioned unless it is clearly stated in the given contract that the VAT is already included in the end price.
5. Delivery and delivery times:
For all delivery details, our written confirmation of order is decisive. Any spoken agreements or changes must be confirmed in writing by us. The target dates and deadlines mentioned by us are not binding, unless otherwise stated in writing. All delivery dates can only be held in accordance with our own material deliveries. They begin with the day written order confirmation occurs however, not before all details of completion have been cleared. They can be extended without infringement on our rights when delays arise caused by the buyer.*Deliveries in installments are permitted. When Delivery delays and other delays in production arise caused by nature and due to events that increase the difficulty of or make delivery impossible such as material availability problems, operation breakdown, strikes instructions from a public authority etc. including when the problem is that of one of our suppliers or their subcontractors we are not commited to meet binding target dates and deadlines. We are then permitted to postpone the arranged completion or delivery date as is appropriate under the circumstances or withdraw in part or completely from the contract. A default on our part can only be recognised when the buyer has granted an extension, in writing, of at least 2 months and begins thereafter. In the case of a delivery delay or an impossibility in keeping a contract on our part, all claims especially for compensation in any form cannot be made against us unless it can be proven that we or our subcontractors handled in a grossly negligent way. The buyer is liable for any costs stemming from the construction and putting into operation of machinery ordered by a buyer and his clients. This is also the case when the delay in commencement of operation is caused by the clients of the buyer. The buyer is responsible also for making sure that his clients meet all the necessary requirements needed to make construction and commencement of operation possible. We reserve the right to make necessary construction and technical changes during the time of delivery. The data in instructions on performance, weight, operating costs, speed, etc. are to be considered as approximate details. We reserve the right to withdraw from any contract between the time of written confirmation of an order and delivery when it becomes aware that our demands cannot be met due to the financial situation of a buyer.
6. The taking over of risks and responsibility:
The responsibilty, in case of damages, is passed on to the buyer at the time that the delivery leaves our plant at the latest. This is also the case when part delivery has occured or when other services such as delivery expenses or transportation are accepted*.We are entitled to but not obligated to insure the delivery against theft, breakage, fire and water damage or other risks at the buyer´s costs. The buyer is responsible for the necessary insurance in the case of theft, breakage, transport damage, fire and water damage etc. As of the time of delivery, at the latest, the object becomes the possession of the buyer under §6 trade liability law (act) and is underlies the buyers control. If the delivery is delayed at the buyers wish, the responsibilty for the object is passed onto the buyer with the notice of the object being ready for delivery. As of this time, any costs, be they storing charges, maintenance etc. must be carried by the buyer. Delivered objects are, even when they show irrelevant imperfections, to be signed for and accepted by the buyer.
7. Warranty and liability:
We guarantee that our services, state of the art technology and our products are free from manufacturing and material defects. The warranty period is 6 months. To the exclusion of any further liability, we provide a guarantee for 1 year or 1500 operating hours. The client must inform us of any defects in writing without delay, but at the latest within one week of receipt of the product. In the event that the client notifies us that the products do not comply with the warranty, we may, at our discretion, demand that the client keeps the defective part or device ready and that we send a service technician to the client to carry out the repair. If the customer demands that the warranty work be carried out at a location determined by him, we can comply with this demand, whereby parts covered by warranty are not charged, while travel and travel expenses are to be reimbursed at our standard rates. We do not assume any warranty for damages which have occurred for the following reasons:
- unsuitable use
- faulty assembly or commissioning by the client or third parties
- normal wear and tear
- faulty or negligent handling
- unsuitable materials
- Replacement materials
- deficient construction works
- chemical, electrochemical or electrical influences, provided they are not attributable to our fault.
We cannot be held liable for any faults resulting from unauthorised changes or repair work carried out without our permission by the buyer or third party. The buyer must allow us the necessary time to assess and provide for repairs and or replacements or we are not obligated to fulfill them. Only in urgent cases where there is a danger to safety or to prevent unreasonable damage does the buyer have the right to repair the fault himself or by a third party and the resulting costs can only be charged to us if we were immediately notified or late in repairing the problem. Any further claims for damages made by the buyer, compensation claims in particular, for faults not found on the delivery object itself, are out of the question. The bought object offers only the awaited results when the rules of registration, instructions for use, supplier´s regulations for handling – with special regard to required inspections have been regarded. When the delivered object is faulty due to the incorrect carrying-out of agreed upon construction and the use of faulty materials and spare parts, the buyer must pay an appropriate compensation for the length of use. Our guaranty does not cover normal wear and tear or aging resulting from irresponsible or abnormal use, the fitting or use of additional attachments, inadequate maintenance (including inadequate oiling and servicing) changes made by the buyer or seller subcontractor, any repairs, removal of parts, fitting or other work undertaken by the buyer or unauthorised third parties, the use of non-original spare parts or any other circumstances that the seller has no power over. Exchanged spare parts must be sent to us immediately at the buyer´s cost. Our guaranty is only valid for our contract and cannot be transfered to third parties without our permission. Mounting and travel expenses do not fall under guaranty and are to be reimbursed. *It is clear that we cannot be held liable by the buyer or a third party for any costs resulting from replacement of persons, damage to property, standstill, losses, damages or a loss of profit which are a consequence of faults or use of the said object.
8. Buyers rights of resignation and other supplier guaranties:
The buyer may withdraw from the contract when a completion before becomes absolutely impossible. The same applies by incapability. In the case of service delays, a withdrawal from the contract by the buyer is only valid after the granting of an appropriate extension of atleast 2 months including a statement which clearly explains that any services after the extension will be refused and if we have not taken appropriate measures during the extension time. If incapability arises during the extension or through the fault of the buyer, he remains obliged to return services. Furthermore, the buyer has the right to withdraw from a contract when an appropriate extension for repair or replacement has not been held or we have not kept to the delivery conditions in the case of a defect and the responsibility lies with us, in this case the extension must once again be granted for atleast 2 months. The buyer´s right to withdraw from the contract exists also in the case of a failed repair or replacement by us whereby the buyer must give a written extension of atleast 2 months and the buyer must accept 3 repair attempts by us. After each repair attempt, a new extension of the agreed upon minimum time must be set. Any rights to changes, cancellments, reductions aswell as compensation in any form not on the delivered object itself cannot be claimed be claimed by the buyer. This is not valid in the case of intent or negligence.
9. Right of ownership:
We reserve all rights on delivered objects up until they have been fully paid for and all our demands met, under all legal circumstances. Transfer sales must occur in correct business firms. With each order, the retail dealer must forward payment to us in advance. Third party access to delivered objects still in our possession – especially in the case of distraint, can only occur if they buyer makes this clear to the third party and informs us in writing. The buyer carries all intervention costs and is obligated to pay any arising legal costs. The moment that the buyer ignores his responsibility to inform us in writing of a forwarding sale of an object still in our possession, to a third party, he accepts all costs and compensation stemming from his action. This is solidary and valid for all our authorised dealers. If our wares are retracted or reserved wares taken back by us, we cannot be seen as withdrawing from the contract.
10. Withdrawal from a contract by the buyer:
If a buyer withdraws unrightfully from a contract, he is obligated to pay an indemnity of 30% of the order´s worth. This does not affect other compensation demands we make on the buyer such as complete satisfaction, loss of profits etc.
11. Applicable Law and Legal Venue
11.1 The mutual business relationship shall be governed exclusively by Austrian substantive law excluding the provisions governing the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 The legal venue for all disputes arising out of the respective contractual relationship with regard to effectiveness, accomplishment and interpretation of agreements shall be deemed to be the court competent as regards the subject matter in Wolfsberg.
12. Terms of payment:
Payments are to be made by the buyer to us as follows - unless otherwise agreed upon and confirmed in writing:
- 30% of the total purchase price on signing the contract.
- 70% on delivery of wares also in the event of part delivery must be paid by the buyer.
The buyer is obligated to present us with an irrevocable bank guarantee for the second payment of 70% of the total cost from a financial institute of our choice on signing the contract. If the buyer is unable to meet payments or he violates against the contract terms, it comes to an appointment delay and aswell as the right to claim the whole contract fee, we also reserve the right to withdraw from the contract. No counter demands, rate payment suggestions or retainments from the buyer on us will be taken into consideration. Any inability to meet payments on the buyer´s part allow us to charge interest at the normal bank rates from that date onwards. In any case, the buyer is obligated to pay 12% interest on the full contract sum . We have the right to demand payments in advance or secure assets.
13. Place of performance and choice of law and legal venues:
According to paragraph 104JN both contract partners accept Preitenegg as the place of performance independent of worth accept the juristiction of the court of law in Wolfsberg as valid. This is also valid in the case of direct and indirect disputes to do with the current contract agreement for which the Austrian laws are exclusively valid. The Austrian law is to be accepted aswell mentioned contract in accordance with the court of arbitration and it´s judges or to take legal action against the buyer in his state of residence.
14. Types of agreements and regulations:
Any changes to the contract such as spoken declarations of employees, workers in our plant must be confirmed in writing. Demands made by the buyer can only be accepted by us if confirmed in writing by us. Should regulations of the general terms be invalid or not rightful in accordance to law we hold the exclusive rights to withdraw from the contract. If the remaining agreement is declared as binding by us, the invalid regulations will be replaced with similar, valid regulations.