General and conclusion of contract
- The present General Terms and Conditions of Business and Delivery (GTC) shall apply to all offers, purchase and delivery contracts, both with regard to machines, spare parts and consumables, as well as with regard to the provision of operating personnel, training and support services in their respective valid version, for the entire business relationship, unless expressly agreed otherwise in writing. Conflicting GTC of the customer will not be accepted.
- Prior to the conclusion of the contract, the contractual partner shall receive a written offer or shall have the respective valid price lists at its disposal. The offer must be accepted by the contractual partner within a period of four weeks in order to be legally effective. (date of the order letter). By signed return the contract is concluded, otherwise the offer is invalid.
- At the latest with the order of contractual goods of whatever kind, the contracting party declares its consent to these GTC and it is deemed agreed that these GTC also apply to all transactions concluded in the future.
The data required within the framework of the business relationship shall be stored with the consent of the contractual partner and processed in compliance with the provisions of data protection law. We are entitled to change the GTC in whole or in part if necessary. The new GTC will become effective upon publication.
Quotations, order processing
The offers refer to the price lists, catalogs and brochures valid at the time of the submission of the offer. Deviating price quotations shall only apply if they have been agreed in writing.
We reserve the right to make technical changes, which represent an improvement of the contractual products or are technically necessary, to the details of their contractual products in catalogs, brochures and other illustrations at any time.
Delivery period and right of withdrawal
- The contractual products shall be delivered within the delivery period, which period shall commence upon receipt of the order confirmed by the Contractual Partner and receipt of the first partial payment. The delivery period shall be suspended as long as the contractual partner is in default with the fulfillment of the obligation incumbent upon it – also from other orders.
- If we are in default with the delivery, the contracting party shall be entitled to declare its withdrawal from the contract in writing, setting a corresponding period of grace of at least 6 weeks. If we do not deliver within the grace period, the contractual partner will receive his down payment back. The obligation to deliver shall not apply in the event that suppliers have discontinued production in whole or in part or in cases of force majeure (in particular natural disasters, war, terror, strike, etc.), provided that these circumstances have occurred only after the conclusion of the contract and we are not responsible for the non-delivery. We shall notify the contractual partner of these circumstances without delay. Any claim for damages due to non-fulfillment or delayed fulfillment, in particular the assertion of loss of profit due to the delayed or omitted delivery, is hereby contractually excluded.
- Force majeure, changes subsequently requested by the contractual partner, additional equipment or similar circumstances shall extend the delivery period accordingly.
Price and payment conditions
- The prices included in the order are fixed agreed prices “ex works” (i.e. net price plus applicable taxes) excluding packaging and insurance for transport or damage.
- If nothing to the contrary is provided for, corresponding advance payments shall be made. These are agreed in the order and ensure the respective scheduled start of production or shipment of the products. The total purchase price for machine deliveries is due immediately after formal acceptance by the end customer at the factory or by proof of functionality (documented acceptance test with test piece). With regard to these payments, the contracting party shall receive partial payment requests and, upon delivery, the final invoice. For parts deliveries, payment (collection order) against delivery with 2% cash discount or 30 days net applies in principle. In the event of default, interest on arrears of 8% p.a. above the prime rate shall be deemed to have been agreed.
- A set-off of any claims against claims on your part is inadmissible. The contractual partner shall not be entitled to a right of retention for any claims, unless these claims have been established by a court or recognized by us.
We also offer spare parts in the online store: www.waterjet-shop.com. Unless otherwise agreed in individual cases, the same payment terms apply to orders placed in the online store.
The online store is fully translated into several languages and is to be used for all spare parts orders of the contractor.
Retention of title
The delivery of all contractual products is always subject to retention of title with the following conditions:
The goods shall remain our property until full payment of all claims arising from the business relationship, but in any case until full payment of the claims arising from the purchase contract concerned. For the duration of the retention of title, the contracting party shall be entitled to possession and use of the contractual items as long as the contracting party fulfills its obligations under the retention of title and is not in default of payment. The resale of contractual products subject to retention of title is prohibited for the contractual partner. The contractual partner shall assign to us in advance, by way of security, all claims arising from a possible resale of the contractual items.
This assignment of claims is to be indicated in the books as well as on the machines of the contracting party in an appropriate form. If the contractual goods – which are still subject to retention of title – in the possession of the contractual partner are seized by a court, we must be informed immediately and the contractual partner must do everything in his power to ensure that the contractual goods are returned to us. The contractual partner undertakes to inform us immediately of any seizure by third parties of goods owned by them, even if such seizure is only imminent. The contractual partner is obliged to inform third parties who access or wish to access our goods in writing that they are the property of third parties. Any costs for the pursuit of property claims or interventions shall be borne by the contracting party. The contracting party is expressly prohibited from pledging or assigning as security any contractual products delivered under retention of title.
The contractual partner is obliged to maintain and secure the contractual goods in proper condition for the duration of the retention of title. The contracting party hereby assigns all claims in lieu of the contractual products delivered under retention of title, in particular insurance claims or claims in tort for loss or destruction. In the event of default in payment or breach of material obligations arising from the agreement on retention of title, we shall be entitled to demand the return of the contractual products subject to retention of title, to revoke any authorizations to collect assigned claims or to collect assigned claims in our own name.
Transfer of risk
The price risk is transferred to the contractual partner:
- with the handing over of the object of purchase to the contractual partner or his authorized representative (forwarding agent, carrier or similar), or after acceptance in the factory
- in the event of default of acceptance by the contractual partner, with our notification of readiness for dispatch or notification of completion.
The risk of transport and cargo safety as well as of accident shall in any case be borne by the contracting party, even if carriage paid delivery by its own or third party means of transport has been agreed. The transport risk is insured only on the basis of a written agreement and only at the expense of the contractual partner.
If the contractual partner does not accept the contractual goods after notification of completion and notification of readiness for dispatch by us and if there is a delay in acceptance, we shall be entitled to charge a weekly storage cost contribution of € 800.00 net per week or part thereof from the week following the notification of completion or notification of readiness for dispatch.
Warranty / Guarantee
- The warranty obligation is based on the statutory provisions.
- We guarantee the contract products for two years from the functional test at the factory. The warranty shall commence at the latest upon delivery of the contractual products to the contractual partner.
If you make use of the CARE warranty (maintenance and service contract) in accordance with the warranty conditions, we provide a warranty of eight years.
For models with controls, this warranty is agreed differently. Warranties are only maintained through proper maintenance. This is a condition for the fulfillment of any claims.
- Any liability for consequential damage caused by defects is excluded – as far as legally permissible.
In particular, the contractual partner shall be obliged to ensure that the operating instructions provided by us are strictly observed and that the operating personnel employed by the contractual partner are trained in accordance with our criteria, are informed about the safety guidelines and that all other objectively resulting standards of care are observed in full. In the event of damage, the contractual partner must inform us immediately and in detail in writing of the nature, extent and history of the damage. In the event of any investigations into the cause of the damage, the contractual partner and its representatives (including insurance representatives) shall support us in an appropriate manner. Should the contractual partner fail to comply with these contractual secondary obligations and should this result in disadvantages under insurance law, the contractual partner shall be liable for all such disadvantages (loss of insurance coverage, if any) and shall pay damages.
If warranty or guarantee claims arise during the warranty period, the contractual partner must report the defects immediately and the warranty or guarantee will be processed in accordance with the warranty provisions. If the warranty/guarantee claim is justified, we will immediately send the contract partner the required spare part for independent installation, freight prepaid. If the spare part explicitly cannot/should not be replaced by the customer, we will send a service technician. The cost of the service is included in the warranty/guarantee claim.
Withdrawal from the contract – impossibility
We reserve the right to withdraw from the contract if the contractual partner is in default of payment despite having been granted a reasonable period of grace, or if facts have become known to us which indicate a changed, negative financial situation and give rise to fears that the contractual partner will not be able to pay the purchase price, as well as in the event of the opening of insolvency proceedings against the assets of the contractual partner or closure of the company. In all these cases we have the right to refuse delivery of the goods or to demand full payment in advance or to demand the return of the contractual products delivered under retention of title, this under retention of all claims for damages. It is agreed that the first partial payment of the purchase price made by the contracting party prior to withdrawal from the contract may be retained as liquidated damages (in particular to cover our preliminary costs, material supplies, work performed, etc.). With regard to this lump-sum claim for damages (contractual penalties – agreement), the exclusion of the judicial right of moderation is agreed.
Applicable law, place of jurisdiction and place of performance
- For all our agreements, in particular the present contract and the individual purchase contracts, Austrian law – with the exception of its reference standards – shall be deemed agreed. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
- For all disputes arising from this contractual relationship, the Austrian, ordinary jurisdiction, as well as the exclusive jurisdiction of the relevant court is agreed.
- Our registered office shall be the place of performance for all deliveries, services and payments, even if the transfer should take place at another location in individual cases.
General contractual provisions
- Changes and additions to these GTC require publication to be legally effective. This also applies to the waiver of the written form requirement. The German version of these General Terms and Conditions of Business and Delivery shall be authoritative.
- Any annexes form an integral part of this agreement.
- Should any provisions of these GTC be or become void or ineffective, the validity of the remaining provisions shall not be affected thereby. The void or invalid provision shall be reinterpreted or supplemented in such a way that the economic purpose intended by it is achieved in the best possible way. This also applies to any gaps in the contract.
- No waiver of rights may be inferred from any act or omission of a contracting party unless such waiver is expressly declared in writing.
- These GTC shall apply to all future contractual relationships, deliveries and orders with us even without special reference.
- Confidentiality obligation. The contracting party undertakes to strictly protect business secrets, including the price calculation of the contractual products, suppliers and other contractual relationships as well as all technical information in connection with the development, production and use of the products, which become known to it. This obligation shall continue to apply after termination of the present contract / transaction.