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GTC
General terms and conditions
Blechcenter Metalltechnik GmbH, A-3943 Schrems, Industriestrasse 5
1. Scope
Only the conditions below apply for any of our offers or services. Purchase conditions of the purchaser/orderer are only binding for us if they have been acknowledged by us in writing in each individual case.
2. Services
All services and price lists are subject to change. They are only considered binding if this has been expressly confirmed by us in writing.
3. Orders
Orders are only valid if their acceptance has been confirmed by us in writing. Verbal or telephone agreements and modifications to issued orders are only valid if they have also been confirmed by us in writing.
4. Prices
Our prices are generally considered to be unpackaged ex works/stock and are strictly subject to change. Price list items are charged at the list prices applicable at the time of delivery. If, in the time between order placement and delivery, collective contractual salary increases, or transport or material price increases arise, we are entitled to adjust prices accordingly, if the prices have not been expressly agreed as fixed prices. Sales tax is not included in the prices and must therefore be paid additionally. Export deliveries are strictly charged in EUROS.
5. Payment conditions
Unless other payment conditions have been agreed on in individual cases, payments from customers must be made as follows: -within 14 days of the invoice date, net, in full.
Otherwise, the conditions stated on our order confirmations/invoices apply. In the event of a payment delay, we charge 15% p.a. default interest. Our business partner is also obliged to pay and reimburse all collection costs, all surveying and information costs, and all other costs incurred. If payment is not made by the due date, we are entitled to suspend all deliveries and services, and only resume these once payment for these has been made by our customer to the required extent. The same applies if our customer’s financial circumstances worsen; in this case, we are entitled to charge all claims regardless of the agreed payment deadlines, and collect these immediately, as well as suspend processing and delivery of our services until the payment for these, or the advance payment required by us for these, has been made. No claim for compensation can be made against us for this action taken by us.
6. Deliveries
The delivery time stated by us is upheld wherever possible. It begins with the day of order confirmation. The day of delivery is considered the day the item is loaded or the day it is announced that the item is ready for shipment. We reserve the right to withdraw from the contract damage-free if the purchaser’s ability to pay becomes doubtful. If unforeseen circumstances (e.g. force majeure, operational interruptions, non-deliveries of raw materials) make fulfilment impossible despite all efforts made, we are exempted from the delivery duty, without having any obligation to pay damage compensation. Every part delivery is considered an independent transaction.
7. Shipment
Shipment is made ex works or ex stock at the client’s expense and risk. Should, in individual cases, a carriage paid delivery be agreed on, the purchaser still bears the transportation risk. We thus do not pay any compensation for separations, mix-ups, damage or entire losses of the item during transportation. If an appropriate instruction/agreement does not exist, we choose what we believe to be the most reasonable form of transport. If the purchaser/orderer is not ready to accept the delivery, we are entitled demand payment immediately. If, in the event a contract for a delivery or service on call, our service or delivery is not fetched or accepted in the stipulated manner and/or not in the agreed time frame or order, we are entitled to charge conventional shipping costs, which are each due immediately, for storage, and charge the full payment for the unaccepted deliveries and items.
8. Packaging
Desired packaging, or packaging we deem to be necessary, is charged separately. Non-returnable packaging is not taken back or reimbursed.
9. Warranty
We can only acknowledge objections if they are raised in writing immediately after delivery, but no later than within 8 days, stating the reasons. Defects in part of the delivery do not entitle the orderer/purchaser to object to the whole delivery, and particularly not to reject acceptance of the flawless part of the overall delivery. Defects can only be rectified by us through repairs or a replacement delivery. Forwarding, resale or processing (including of part of the item) are always considered as unconditional acceptance, and exclude any objections. Reimbursement of subsequent damage is expressly excluded. Damage compensation claims raised by our customers against us are always time-barred after the same duration as the warranty period.
10. Exchange and retraction
Retraction/exchange is generally excluded. For returns/exchanges agreed on separately, we charge a processing fee totalling the costs we incur; and transportation costs we incur are also charged. This excludes justified complaints and erroneous deliveries from our end.
11. Retention of title
All items remain our property until payment of the purchase price, including all incidental claims. The purchaser/orderer declares they agree that all payments they make shall first be charged against any damages, then against interest and other additional fees, and only thereafter against the reserved items. Cheques and bills of exchange are only considered as payments when they are cashed. Insofar as the retention of title exists, it is not permitted to sell, pledge, mortgage or cede the purchase object in any other manner. The purchaser/orderer must immediately advise us in writing if third parties are to have access to the reserved delivered items. In the event the purchaser/orderer resells the items regardless of the retention of title, it immediately assigns to us, on account of payment, the claim arising from the cession totalling out still outstanding claims, including additional fees, and we accept this cession. If the purchaser/ordered falls behind with payment, it is obliged to deposit the items, at its own expense and according to our initial request, at a place appointed by us to protect our ownership, or to send them to an address appointed by us.
12. Place of fulfilment and jurisdiction
For both parties, Schrems is considered as the place of fulfilment for all rights and duties arising from the transactions, including payment. The courts competent for Schrems have jurisdiction for disputes.
13. Deviations
Agreements different from these general terms and conditions are, in individual cases, only valid if they have been confirmed by us in writing. The validity of the remaining general terms and conditions is not affected by this.
Should individual clauses of the contract, including this ruling, be completely or partly invalid, or should the contract contain omissions, the validity of the remaining clauses, or parts thereof, shall not be affected. An invalid clause is replaced by a ruling which comes as close as possible to the original economic purpose. If we do not exercise all or some of the rights to which we are entitled, a waiver of these rights cannot be derived from this.
