The subject of the contract is the goods specified in the order and in the order confirmation. For deliveries by Kneissl & Senn Technologie GmbH (hereinafter referred to as KS), the following terms and conditions apply exclusively, the contents of which are deemed to be accepted when the order is placed or when we accept our offers, order confirmations, and invoices. Other conditions are only permitted in the case of the express and written consent of KS. General terms and conditions of the client are only recognized in the case of the express written consent of KS. Offers are non-binding. A contract is only concluded with written confirmation of the order placed.
All prices are calculated according to the price list valid at the time of the order; they are net without obligation and ex-works. Shipping costs, in particular packaging, transport costs, environmental taxes, and VAT are to be borne by the customer. Errors and misprints of the price list are reserved. The acceptance of orders on the basis of price lists requires a confirmation, which is considered to have been granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities quoted in the offer remain unchanged. The prices are calculated on the basis of the decisive costs on the day of the offer. In case of significant changes to the basis of calculation, such as price changes, changes in freight rates, force majeure at our suppliers, etc, we reserve the right to adjust the prices.
DELIVERY, PACKING, RISK
If no special instructions are given by the customer - the (additional) costs of which are to be borne by the customer, shipping and packaging will be carried out at KS's discretion, but uninsured (also for postage paid delivery) and at the expense and risk of the recipient. The transfer of risk takes place as soon as the goods are made available. The customer, therefore, bears the transport risk in any case. Storage measures for goods on demand are borne by and at the expense of the customer. Delivery periods generally begin on the date of our order confirmation, provided they are not dependent on advance payments by the customer. If the agreed delivery dates are exceeded due to force majeure or other circumstances for which we are not negligent, no claims of any kind can be made on the part of the customer. The indication of expected delivery dates is non-binding. Goods ordered on call must be accepted no later than twelve months from the date of the order. After this period has expired, we have the right, at our option, to either deliver the goods or cancel the order and demand a cancellation fee of 15 % of the gross order value, which is not subject to the judicial right of moderation. The right to claim further damages remains reserved.
If the customer cancels the order or if he withdraws from the contract without authorization, it is at the discretion of KS to insist on the retention of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any case obligated to pay a cancellation fee of 15% of the gross order value, which is not subject to the judicial reduction right. The assertion of further compensation remains also reserved.
DELIVERY OF SPECIAL PRODUCTIONS
For reasons of production technology, we are entitled to carry out an over- or under-delivery of 10% of the ordered quantity for custom-made products. For custom-made products, only the prices according to the offer apply.
The goods remain our property until full payment of the purchase price including any interest and collection costs, in the case of a bill of exchange or check payments until the bill of exchange or check is honored. Extended retention of title is agreed upon. The goods remain our property even after processing, transformation or connection, or installation. The customer is therefore not entitled to transfer the goods to third parties, pledge them, offer them as a guarantee, or otherwise surrender them. If contrary to the prohibition, our goods are nevertheless sold by the buyer, our retention of title extends to the buyer's claims resulting from this sale. In the seizure of the same, we are to be informed immediately. The attached property labels may not be removed until full payment. The buyer's claims against the third party shall be deemed to have been irrevocably assigned to us immediately after their creation and the buyer is obliged to notify us to his customers if the retention of title is maintained.
Our terms of payment are 10 days 2% discount or 30 days net without deduction, calculated from the date of invoice. After 30 days, we are entitled to charge 12% default interest. Basically, only in EURO will be charged. The acceptance of acceptances or checks is at our sole discretion and is always for payment only. All expenses or interest in this connection shall be borne by the customer. The customer also undertakes in the event of late payment, the resulting reminder fees of a debt collection agency gem. Directive and/or the costs of a legal reminder.
For a period of six months from the date of delivery, we give full assurance that the delivered goods are free from manufacturing or material defects. It is agreed that the right to warranty must be asserted in court within six months and the presumption of defectiveness upon delivery is not valid. The customer is obligated to inspect the goods immediately upon receipt and to give notice of any defects immediately in writing, otherwise, warranty claims expire. In addition, there are no warranty claims if KS was informed about the operational framework and operating conditions of the goods incorrectly or incompletely, if they are subsequently changed or if the purchaser without our written consent to make changes or repairs to the items delivered by us. In the case of a justified complaint, either the deficiencies will be rectified or replacement goods will be delivered as a substitute. There are no other claims under the title of the warranty unless they are covered by the Product Liability Act. Any claim arising from the title of compensation for damages, in particular for consequential damage, loss of profits as well as personal injury or damage to property and damage resulting from disclosure to third parties. Claims for conversion of the purchase or reduction of the purchase price are excluded. Offsetting of the customer against claims of KS is excluded.
COPYRIGHT, PATENT, PATTERN, AND TRADEMARK RIGHTS
Plans, drawings, sketches, and other technical documents remain as well as samples, catalogs, brochures and the like. our intellectual property and are subject to the protection of the relevant legal provisions regarding duplication, competition, etc. They may not be used, duplicated, or made accessible to third parties without our written consent.
JURISDICTION, PLACE OF PERFORMANCE
Place of performance and agreed and exclusive place of jurisdiction for all disputes concerning all services from contracts concluded or initiated with us is BG Kufstein. The exclusive application of Austrian law is agreed upon.