Kugel Pompel

conditions of delivery and disposal

conclusion of an agreement:
All offers are subject to change. All agreements needs our written confirmation to become legally effective. For all incoming and future orders our exclusively terms and conditions are decisive, unless there is not a written alternative agreed. Even we do not explicitly disclaim any terms and conditions on order forms from clients, our terms and conditions apply. Our terms and conditions must be accepted by the recipients of goods.

prices:
Prices are effectual if conformed by us. Drastic economic variances, e.g. raise of wage and/or material price or superior force reserved to us, that we have to fit our prices to the new circumstances. If no special offer is issued by us, we are legitimated to charge at the lowest daily price, also for wage labours. Our prices apply ex factory including packaging, potential carriage free delivery must be concerted with us.

shipment, transfer of perils:
Packaging, shipment and means of transport are left to our choice, in default of particular arrangement. Packaging costs are net costs and will not be repaid. The shipment always takes place at the purchasers risk, as soon as the goods are handed over by post, railway or dispatch department, alternatively by pick up, as soon as the goods are loaded, even when carriage free delivery is agreed on. We are legitimated for a partial delivery in a reasonable scale. Usual in a line of business over- or short deliveries of the contracted amount are valid.

delivery time:
The indicated delivery time is without obligation; claim for damages on account of delayed delivery is excluded.

terms of payment:
Our invoices are, unless stated otherwise, strictly 30 days after invoice date due for payment, without the need for a dunning letter. The payment is in Euro strictly net free deliverers point of payment in cash, at the latest 30 days after invoice date - even for partial deliveries. Cash-discount of 2 % are only granted, if the payment takes place directly after the delivery of the goods, at the latest within 14 days after invoice date in cash or via bank transfer. We do not grant cash-discount for later payments. We also do not grant cash-discounts for repairs and wage labours.

The acceptance for bills of exchange and cheques is effected only on account of payment, The buyer bears the costs for discounting and collection. The credit note takes place with the value date, when the amount is at our disposal.

On delay of payment, which occured even without a dunning letter, we charge bank interest in common practice, under restriction of unenforceability of a further loss.

Delivery to unknown companies takes place only on cash before delivery or cash on delivery as consignment of valuables. Special-tools are delivered only for a corresponding amount of deposit to such companies, the clearing payment of the deposit takes place at the outstanding delivery. A buyers deterioration of his ability to pay or failure to comply with the agreed terms of payment entitles us to change them. On a buyers stoppage of payment or insolvency the payment request is immediately active . Reluctance of payments or charging because of any counterclaims of the buyer is excluded.

retention of title:
All delivered goods remain our property until complete settlement of a claim, even when payments for special ascertained demands are made. The buyers right of disposing or use up conditional-goods for usual business volume, respectively the assembling into machines, is only granted as long as the buyer is not in delay.

The buyers demands from resales of conditional-goods, together with all ancillary rights, will already now, in fact immediately, assigned to us in full, no matter if the conditional-goods are disposed to one or several customers. For mounted tools in machines we automatically gain co-ownership to the relevant machine. Pledging or chattel mortgage of goods, before final payment and whithout our permission is not admissible.

notice of defect and guarantee:
Notice of defects must be immediately forwarded to us, either in written form, via teletype, or telegraphically, as soon as the goods are received. Claims which are forwarded to us, after 8 days of the receipt of goods, will stay unaccounted. Complained goods have to be transmitted delivery-free to us for analysis. For reasonable complaints it is reserved to us to deliver refund exempt from charges, after previous delivery -free return, however we disclaim any further demands.

place of jurisdiction, place of execution etc.:
Place of execution for delivery and payment, as well as place of jurisdiction is Vienna. The agreement remains binding even of ineffectiveness individual articles of the terms and does not override the entire terms and does not absolve the buyer from other allegiances.