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Allgemeine Geschäftsbedingungen

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  1. All offers are subject to order –Confirmation by the seller. The issue of a new Catalogue and / or Pricelist renders previous ones invalid. Unless agreed otherwise accepted orders will be executed at the prices and the terms listed in the current price list.
    Confirmed orders with a delivery time exeeding 6 months, as agreed in the contract or if the delay is due to circumstances which are outside of the control of the seller, will be executed on the sales prices which prevail at the date of delivery.
  2. The buyer agrees to the sellers`terms of delivery and his terms of payment when placing the order. Purchasing terms of the purchaser do not invalidate the terms of the seller irrespective as to wether the seller repudiates the purchaseres terms or not.
  3. The buyer bears the risk of Transport, this also applies where the seller has agreed to bear all transport charges. Unless special transport terms have been agreed the method of transport will be at the discretion of the seller. A transport / marine insurance will only be affected on the stated request of the buyer and the cost of such an insurance is to be borne by the purchaser. All selling prices are „ex-factory“ prices unless agreed otherwise.
  4. All prices include the costs of packing.
  5. All quoted delivery times are based on careful planning and are permanently supervised, they are, however, only esimates and can therefore deviate up to 4 weeks from the date that has been quoted in the contract.
  6. A deviation of plus or minus 10% of the ordered quantity must be accepted by the purchaser for all items which are not stock items but are manufactured on the request of the buyer.
  7. Terms of payments must be agreed between the buyer and the seller.
  8. Complaints whith regard to defective goods or incomplete delivery must be stated in writing within gight days from receipt of the goods and such statement must be made prior to the assembly whith other components and/or further resale of the goods in question to third parties. The seller undertakes to repair at his costs and at his works the defective items, unless the seller decides at his discretion to replace or to credit the purchase price to the buyer, allways on the assumption that the seller accepts the responsibilty for the defective goods. Claims will not be entertained unless the defedts are repoted within the stated time limit and such report must be accompanied by a report which details the nature of the defect. Defective goods must be returned free-of –Charge to the seller. The seller has the right to demand the submission of such defedtive items for the purpose of checking the functioning of the complained itenms. Such items have to be returned free of charge to the seller within 10 Days.
    The seller is not liable for losses that arise in consequence of:
    • the employment of the goods for purpose which are alien to their intended purpose.
    • the faulty handing and /or the faulty application of the goods by the buyer or a third party.
    • the improper usage of working materials such as unspecified lubricants etc..
    • the normal wear and tear which occurs after 20.000 km or after the expirations of a period 12 months on duty. In such cases the right of claims has elapsed. For claims of such nature the buyer is not relieved from making payment for the purchased goods.

  9. Unless agreed otherwise all contracts are subject to jurisdiction of German law and the Distict Court of Linz/Rhein shall be the Competent court for all legal actions.

  10. All items which the seller offers are manufactured by the Company of the seller. The seller guarantees that all items are of highest Quality and precise fitting. All goods offered by the seller are goods which are offered for the purpose of beeing used as spare parts. All given reference numbers are solely for indtification purposes.
  11. Drafts and / or cheques issued by the buyer are only credited after same have been cleared by the relevant Banking Institutions of the buyer.