General Terms and Conditions of Delivery

 

 

The following conditions apply as the foundation for all transactions, to the exclusion of any other conditions and agreements not expressly approved by us in writing, even if the specific language used in the following is not specifically articulated in subsequent transactions.

We recognise the customer's terms of purchase only insofar as they do not deviate from our contractual terms, even if the customer's terms of purchase stipulate the contrary. Should individual provisions of these General Sales Terms and Delivery Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

 

 

(1) Orders have not been accepted until we have confirmed the acceptance in writing. Until then, our offer is non-binding. Collateral agreements, additions or amendments made by telephone, by telegraph, in writing (including email) or spoken also require our written confirmation for their validity.

(2) Our offers are non-binding. Likewise, technical descriptions and explanations, other information provided in offers and literature and all other information are initially non-binding.

(3) We reserve all proprietary and copyrights to illustrations, drawings, calculations and other documentation. They may not be made available to third parties.

(4) Delivery deadlines do not commence until all details related to the execution of the contract have been thoroughly clarified. Agreed deadlines can only be complied with if the customer has fulfilled its obligations under the contract.

 

(5) Insofar as we are responsible for a failure to meet a delivery deadline, the customer must set us a reasonable deadline extension, in writing, of at least 14 days in which to make delivery. The customer may withdraw from the contract if delivery has not been made by the end of this deadline extension. This does not apply for customer specific orders for which an investment was made by us/by the contractor. In this case, the customer must compensate us/the contractor for the full amount of the incurred investment.

 

(6) The extent of our obligation to make delivery is defined exclusively in this contract. Changes in design, shape and colour arising from technological improvements or legal requirements are reserved insofar as the changes are not significant or otherwise unreasonable for the customer.

 

(7) We may make partial deliveries insofar as this reasonable.

 

(8) We reserve the right, during the period in which our offer to the customer is valid, to sell the goods offered to the customer to third parties (prior sale).

 

(9) If information in our written order confirmation should not match the information in our catalogue, in our literature or other information provided by us, the information provided in the order confirmation is binding.

 

 

If fixed prices or price commitments in connection with a delivery deadline were not expressly confirmed, we reserve the right to adjust our prices in accordance with currency adjustments, fiscal information, duty, freight, increases in the cost of raw materials, increases in the cost of manufacturing and increases in wage costs which occur or were adopted between the date on which the order was confirmed and the date on which the order was delivered.

The value-added tax for deliveries made domestically is not included in the quoted prices and must be borne by the customer.

The minimum net-value of goods is 150.00 euros net before VAT; we assess a surcharge if the invoice amount is less than this.

 

 

Delivery deadlines are agreed subject to force majeure and to other events over which we have no control such as strikes, lock-outs, fire, natural catastrophes, raw material and energy shortages and any other unforeseen business disruptions affecting us or our suppliers.

Deliveries delayed by the circumstances noted above release us from any obligation to meet the delivery deadline. It does not, however, entitle the customer to withdraw from the order submitted to us or to reject delivery of the order. In no case, will we accept a contractual penalty or claims for damages in any form.

Should the customer delay the acceptance of a delivery made at a time agreed for delivery, the customer assumes liability for storage costs or for any other costs which might arise as a result of the delayed acceptance. The delivery will then be invoiced and is due and payable in accordance with the agreed terms.
 

 

If not otherwise agreed, call-off orders must have been accepted at the latest within 6 months of the agreed deadline without any requirement on our part to request delivery or to serve notice of default. Once this deadline has passed, we may either invoice the goods or cancel the order at any time and at our discretion.

 

 

As a rule, shipments are made from our storage facility in Asten. Transportation costs will be assessed by KVT-Koenig GmbH at the rates applicable when shipment was made. Packaging costs of 4.00 euros per delivery are assessed for packaging and disposal. Other terms must be agreed upon in writing.

Packaging disposal can be made to the customer free of charge with the ARA licence number 6535. Without exception, packaging material will not be taken back.

Excess or short deliveries of fastening elements and weighed parts of +/- 10% is standard in the industry. We would request that you take deviations from the order amount into account in your next order.

 

 

Unless otherwise agreed, we supply materials of commercially standard quality and characteristics. For machinery, unless otherwise agreed upon in writing and with the exception of deliveries made to consumers in accordance with the Austrian Consumer Protection Act (KSchG), the warranty period is generally limited to 6 months in accordance with BGBI no.I 48/2001 §933 (1).

Claims of any kind made under warranty become null and void if unauthorised repairs are attempted or if the delivered goods are stored improperly or not used as intended.

 

 

Claims for incomplete or incorrect deliveries must be submitted to us immediately in writing, or at the latest two days following the receipt of the delivery by the customer. Notifications received by us later will not be considered.

 

Return shipment of incorrectly ordered or of no longer needed goods will only be accepted and credited by us if we have previously declared in writing our willingness to take back the goods and if a copy of this declaration is provided with the shipment of the returned goods. Otherwise, the goods will be returned to the sender at its expense.

A processing charge will be assessed in the amount of 12% of the net value of the goods if this amount is 250.00 euros or less and in the amount of 8% of the net value of the goods if this amount is more than 250.00 euros.

 

 

Technical consulting and information provided by us and any other statements made in this connection by us or by our agents on the use and processing of our products are provided or made in good conscience, are non-binding and are provided or made under the condition that we bear no liability. Any information with regard to technical specifications is provided only for orientation. It is the customer's responsibility to test and confirm these at its own expense, if they are to be applied.

 

(1) If not otherwise agreed, our invoices are payable in full within 21 days from the date of the invoice. Discounting must be agreed upon in writing.

(2) If payment has not been made by the due date as explained above, we may assess interest for the period beginning on the due date and ending on the date that payment is received in the amount of 8 % above the rate of interest set by the European Central Bank.

(3) All further costs for administration and collection, including incidental costs, arising in connection with the outstanding receivable are also payable by the customer in addition to the invoiced amount itself.

(4) The customer may not offset with counterclaims without our written agreement.

(5) If, after the order confirmation has been sent, it becomes known to us that the customer's credit standing calls into question its ability to make payment, we reserve the right to demand payment in advance for all or for most of the invoice amount for the ordered goods or to make delivery only under the condition that payment is made in cash when the delivery is made.

(6) Should the customer withdraw form the contract on unwarranted grounds, it will, for commercially traded merchandise, be obliged to pay damages in the amount of 30 % of the total sales price. The customer may provide evidence that there were no damages or that these were significantly less than the amount noted above. We reserve the right to seek the recovery of higher damages if actual damages are greater than the amount noted above. The customer may only offset counterclaims if these have been determined to be legally valid, are undisputed or have been recognised by us. Furthermore, the customer may only exercise a right of retention to the degree that its counterclaim derives from the same contract. The customer may not withdraw from a customer specific special order.

(7) KVT-Koenig GmbH provides every customer with an individualised credit limit. Exceeding this credit limit can lead to delayed deliveries.

 

 

The customer does not assume ownership of the ordered goods until payment in full has been received by us satisfying all of the customer's obligations to us under this contract and in connection with any other demands arising from our business relationship. (Retention of title). For outstanding invoices, our ownership of the goods serves as security for the outstanding receivables payable to us by the customer.

The customer may only sell the goods for which we retain title in the normal course of business. In this case, the customer hereby assigns all of its claims against third parties exclusively to us in the amount of the receivables payable to us by the customer, with prior ranking and including all subsidiary rights. The customer also hereby mandates and authorises us, if applicable, to assert its rights against its contractual partner under the General Terms of Business existing between it and its contractual partner in either its or in our name, however at its expense, and for this purpose assigns us its rights against its contractual partner under these General Terms of Business and under any subsequent rights arising from these General Terms of Business. We hereby accept the assignment but also agree, under the condition that we may at any time retract this agreement, that the customer may seek to collect and recover the claims assigned to us on its own. Should we notify the customer that we intend to exercise our rights under the assignment, the customer must immediately provide us all of the information and documentation necessary for us to be able to enforce our claims at its own expense, the latter at least as copies.

Pledges and transfers by way of security of the goods subject to retention of title are barred; the customer must inform us immediately of an attachment of our goods subject to retention of title or any attempt by third parties to garnish them.

 

 

Changes to any of these terms governing sales and delivery and agreements that contradict our terms are only valid if we have confirmed them in writing.

 

German and English are the only languages to be used for the transaction of business. This also applies to all documentation, descriptions and explanations.

 

 

Austrian law will be applied.

The place of performance is Asten, and the court of jurisdiction is the relevant court in Steyr, even if payment is made by cheque or bill of exchange.

 

 

Should individual provisions of this contract be or become invalid, the validity of the remaining contract shall not be affected. In this event, the invalid provision will be reworked or amended in such a way that the economic intent of the invalid provision is fulfilled.

 

Asten, May 2011