GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
All orders are accepted and carried out by us under the following conditions of sale. By placing orders, the customer accepts these delivery conditions. The possible nullity or invalidity of one of the following conditions does not affect the validity of the others. Conditions of our customers and deviating agreements only apply if they have been expressly recognized by us in writing. Our offers are non-binding, provided that the goods are available. We reserve the right to withdraw from an order within two weeks.
2. Delivery dates and quantities
All delivery dates specified by us are non-binding. Claims for damages due to late delivery or failure of deliveries for other reasons are excluded. You are only entitled to withdraw due to a delay in delivery if delivery does not take place despite a written request and setting of a reasonable, but at least six-week grace period. All facts lying outside our sphere of control, in particular also a hindrance to the procurement of the raw material through no fault of ours, operational and traffic disruptions and improper delivery by sub-suppliers are also considered force majeure and release us for the duration of the hindrance or, at our option, finally Obligation to deliver, without the buyer being entitled to withdraw from the contract. We are entitled to make partial deliveries.
Deliveries are made free of charge, unless otherwise agreed.
Risk and chance are transferred to the seller upon loading. In the absence of an express agreement, transport is carried out at the buyer's expense; Additional costs for express or rail express transport are always borne by the buyer. The buyer has to pay for any insurance of the freight. The place of dispatch and fulfillment is our production facility or the distribution warehouse expressly commissioned by us. We do not accept any liability for transport difficulties of any kind. We are entitled to choose the most favorable transport option for us.
Excess or short deliveries of up to 15% are permitted. The weight or the number of items determined by us for transport is always decisive for the calculation.
6. Payment terms
Payment of the purchase price will be made in accordance with the agreement or within thirty (30) days of the invoice date, net. In the event of late payment, we are entitled to charge default interest of 7% above the respective bank rate of the Austrian National Bank.
7. Notification of defects and claims for damages
7.1. Our sample is authoritative for the delivered goods. Small deviations should not give rise to any complaints. Complaints will only be considered within 14 days after receipt of the goods and before processing or consumption.
7.2. In the case of justified, properly reported defects , we are only obliged to take back the goods and, at our option, either to reimburse the purchase price or to deliver replacement goods. Any further claims, including those relating to compensation, are expressly excluded.
7.3. Our verbal and written application-related advice is non-binding and without liability on our part - also with regard to any third-party property rights - and does not release the buyer from checking our products for their suitability for the intended purposes.
7.4 Before processing, nuanced color shades must be checked by the customer to ensure that they match the original color sample given in the order or the color according to the color card. Incorrectly colored shades must be reported immediately. Subsequent complaints will not be accepted.
Unless otherwise agreed, the prices are net ex our works or warehouse and are subject to change.
Price increases, in particular due to increases in labor and material costs as well as freight additions, may be made by us.
9. Retention of title
We reserve title to all goods delivered until all claims from our business relationships with the customer have been paid. The buyer may only sell, process or mix the goods in the context of his normal business dealings. The retention of title remains effective during processing or mixing and extends proportionally to the new product. The purchaser is not permitted to pledge or assign by way of security goods that are subject to retention of title; we must be notified immediately by registered letter of any seizure or other impairment of our rights.
The customer is obliged to check the delivered goods immediately. Notices of defects must be made in writing immediately and only before the goods are processed or mixed. We are not liable for damage caused by improper storage or improper handling or processing. In the case of justified complaints, we are only obliged to take back the goods if they are defective and, at our option, either to reimburse the sales price or to deliver a replacement. Compensation for extensive damage is excluded. Notices of defects do not release you from the obligation to comply with the terms of delivery and payment.
11. Labeling of goods
A change in our goods or changes in the original mark made by the buyer or a third party that are not made by us are not permitted.
12. Framework order
In the case of contracts that extend over a period of more than four weeks (successive delivery contracts), each delivery forms a separate transaction. The prices communicated are decisive for the calculations in the case of the respective call confirmation. If our prices are increased between the order confirmation and delivery within the framework of the limits drawn by the statutory provisions and the provisions in accordance with point 2, the new prices shall apply. We are entitled to cancel the quantity which the buyer is in arrears with the call or acceptance during or at the end of the contract period, without granting a grace period or to insist on acceptance. We reserve the right to assert any liability for damages.
Return of packaging according to agreement. The ordered goods are loaded onto Euro pallets. If the pallets (or reusable containers) are not exchanged or if they are returned to the warehouse immediately, carriage paid, at your own risk, the seller will charge you for this. All one-way packaging we deliver is subject to the ARA system.
Many of the products supplied are marked with a trademark. If such products are refilled, processed, mixed with other substances or the like, the trademarks on such goods or their packaging or in the associated printed matter or advertising material may not be used without the prior consent of the seller, in particular as component information. The delivery of products under a trademark is not to be regarded as consent to the use of this trademark for the products made from it.
In addition to these conditions, the "Incoterms" issued by the International Chamber of Commerce in Berlin apply in the version applicable when the order is carried out.
16. Place of jurisdiction
Vöcklabruck is the exclusive place of jurisdiction. However, we are free to sue the buyer at his seat (domicile).
Pigmentsolution GmbH, Jägerstrasse 18, A - 4840 Vöcklabruck - email@example.com - +43 (0) 664 52 42 242