Cable-pulling Systems | Kabeleinzugsysteme | Tire-fi les | Sonde passacavi | Sondes pasacâbles
Arzlerstraße 47 | A-6020 Innsbruck | T +43 (0)512 273415 | F +43 (0)512 280115 |
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General terms and conditions of sale and supply

1 | General provisions
The undermentioned terms and conditions of sale are exclusively valid for the sale of our products and for any other future or existing business relationships. Any verbal or other agreement shall be valid only if it has been reduced to writing and approved by us. The information relating to sizes, weights, capacity and prices contained in catalogues, brochures, circulars, advertisements, price lists and diagrams are to be considered as approximates. Orders shall become binding on us only after we have accepted them in writing. In the event of reasonable doubt as to the solvency of the customer we reserve the right to withdraw from the supply contract.

2 | Packaging
Our products are packaged in accordance with commercial practice and as such they are supplied only in complete packaged units. In the event that a consignment requires additional packaging same shall be charged for in the invoice.

3 | Consignment
Unless specifically agreed to the contrary, the consignment and transport shall be at the customer's risk. We shall not be bound to pay compensation in the case of damaged or lost goods. The risk shall be deemed to be transferred to the customer at the moment when the consignment is transferred to the person in charge of carrying out the transport.

4 | Defects and liability
Objections relating to the quality or quantity of the supply shall be submitted in writing, within a period of seven days. Defects relating to one part of the supply shall not entitle the customer to dispute the entire supply. The guarantee relating to defects in the property shall not be applicable to natural wear and tear or defects arising from improper use or negligence, or excessive stress or the like. If the goods are defective we reserve the right to replace them free of charge or to give a credit in respect thereof in the invoice.

5 | Reservation of ownership
All the goods supplied shall remain our property until the buyer has fulfilled all his obligations towards us, even if the buyer has in the meantime sold the goods. Whenever on acceptance of the order or at any time thereafter we discover that the customer is in an unfavourable financial position, we shall be entitled to declare the agreement invalid and have the goods that have already been supplied and not yet paid for collected, no matter where such goods are situated, even if there is no court order to this effect. In the case of access to the goods where ownership is reserved, the customer shall advise that the goods are our property and immediately advise us.

6 | Supply
The time limits and due dates specified by us shall not be deemed to be fixed deadlines, unless expressly agreed to the contrary. Any unforeseen obstacle of any type and in the event of force majeure we shall be entitled to adequately postpone the delivery times or to cancel the supply in its entirety.

7 | Payment
For initial business relationships delivery shall be effected against prior payment. In other cases we guarantee until new arrangement payment terms of 30 days from the date of the invoice or 14 days from the date of the invoice with a 2% cash discount. In the event that the payment terms are exceeded we shall be entitled to raise interest on arrears at the rates applicable to current accounts plus one percentage point (1%).

8 | Prices
Prices shall be deemed to be ex warehouse, A- 6020 Innsbruck, excluding VAT.

9 | Return of goods
The goods supplied by us may be collected from us only with our prior express consent. In all circumstances the return delivery shall be ex destination, or any event ex our offices in Innsbruck.

10 | Rights in the event of imminent or existing breach on the part of the buyer
Whenever the buyer is partially or totally in arrears, or one of his bills are dishonoured, or it is not possible to cash one of his cheques, or events come to our attention that demonstrate a worsening in the buyer's financial position, or further alternatively, application is made for the commencement of bankruptcy proceedings or for a composition with creditors, or the buyer presents a proposal for an arrangement with a creditor, we shall be entitled to demand the immediate payment of all the open invoices which are not yet due, or further, without prejudice to any other rights which we may have, we shall be entitled to withdraw from the contract in respect of a portion or all of the supply, without in either circumstance giving rise to a time limit or the definition of an extension. The buyer may avoid the duty to effect a payment in advance and the application of our right to withdraw, by providing adequate guarantees. The aforesaid rights shall also apply in the case where the buyer's business is dissolved, liquidated or the business activity is suspended, as well as in the situation where a business unit is transferred or execution is levied against the buyer's estate.
The buyer shall not be entitled to compensation for damages arising out of withdrawal due to the aforesaid reasons.

11 | Protection of the Trademark
Damages that arise directly or indirectly from the breach of the rights shall be reimbursed by the buyer. This is particularly applicable to all the rights arising and connected to the breach, including the pre-trial and legal costs.

12 | Data protection
The Parties note that the Company manages its accounting in an automated manner. In view of the federal act dated 18.10.1978, BGBI.565 (Data Protection Act), the buyer expressly states, in accordance with §§ 17 and 18 of the aforesaid act, that he consents to the storage and processing of the data necessary for the business relationship between the parties, as well as to the transmission of such data to third parties, provided that it does not concern the customer's private or family life.

13 | Competent court
The competent court for all rights and duties arising from the commercial activities shall be the court of the area where the registered offices of our company are situated. We shall nonetheless be entitled to institute action against customers at their domicile or registered offices.