General terms and conditions

General Terms and Conditions !

Terms of sale, delivery and payment

1 Scope of application

1.1 The following terms and conditions of sale and delivery are binding if they are declared applicable in the offer or in the order confirmation. Additional or different terms and conditions shall only be valid if they are stated in the order confirmation or confirmed in writing by the supplier.

1.2 Sales are made exclusively to commercial customers. No sales to private individuals.

2 Offer

2.1 Offers which do not include a deadline for acceptance are not binding.

2.2 We reserve the right to make changes in design, dimensions and materials in the interests of progressive further development of the products and production technology.

2.3 All documents such as samples, drawings and descriptions etc. remain the intellectual property of the supplier and may not be reproduced or copied or communicated or otherwise made available to third parties without the supplier's written consent.

3 Conclusion of contract

3.1 The supply contract shall be deemed concluded when the supplier has confirmed acceptance of the oral or written orders or agreements in writing.

3.2 Changes to orders can only be made with the agreement of the supplier. If, in exceptional cases, orders already in production have to be changed, the additional costs resulting therefrom shall be borne by the customer.

3.3 Ancillary or additional agreements are only valid if they are confirmed in writing by the supplier.

3.4 Quotations are subject to change without notice. We reserve the right to prior sale.

3.5 The acceptance of orders may be made dependent on a security or advance payment.

3.6 The supplier shall not be liable for any discrepancies in dimensions on the purchaser's documents.

4. scope of delivery

4.1 The order confirmation shall be decisive for the scope and execution of the delivery. Services not included therein shall be invoiced separately.

4.2 The supplier reserves the right to adjust prices as a result of wage and material price increases after conclusion of the contract.

4.3 For series orders, the supplier reserves the right to over- or under-deliver by up to 10%.

5 Prices and terms of payment

5.1 The prices are net ex works of the supplier, without packaging. All ancillary costs, such as freight, insurance, permits and certifications shall be borne by the purchaser. Likewise, the Purchaser shall bear all types of taxes, levies and customs duties.

5.2 Payments shall be made without any deductions.

5.3 In the event of late payment, 16.5% interest shall be charged.

5.4 The delivery items remain the property of the supplier until full payment has been made. The customer shall be obliged to cooperate in any measures required to protect the supplier's property.

5.5 Complaints about the delivery do not entitle the purchaser to refuse to make due payments, but the purchaser is entitled to the rights set out in Clauses 8.2 and 11.1.

5.6 If the buyer is in default of payment of an invoice, all his liabilities to the supplier shall become due immediately.

6. delivery period

6.1 The agreed delivery periods shall apply subject to unforeseen hindrances as well as force majeure, war, political turmoil, transport and delivery delays, strikes in the supplier's own operations or at subcontractors. The occurrence of such an event shall justify a corresponding extension of the delivery period.

6.2 The customer shall not be entitled to claim damages or termination of the contract due to delay in delivery.

7 Transport and transfer of risk

7.1 The supplier must be informed in good time of any special requests regarding shipment and insurance. Transport shall be for the account and at the risk of the Purchaser. Complaints in connection with the transport shall be addressed by the Purchaser to the responsible carrier immediately upon receipt of the delivery or the shipping documents and shall be confirmed by the carrier by means of a statement of facts.

7.2 Benefit and risk shall pass to the customer at the latest upon departure of the delivery ex works, even if the delivery is made franco, ddu, ddp, cif, fob or under a similar clause. Insurance against damage of any kind shall be the responsibility of the customer. 

8 Inspection and acceptance of the delivery

8.1 The customer shall give written notice of any defects and complaints upon receipt of the delivery, stating the reasons. If he fails to do so, the delivery shall be deemed to have been accepted.

8.2 If, upon receipt, the delivery proves not to be in conformity with the contract, the customer shall immediately give the supplier the opportunity to remedy the defects as quickly as possible or to deliver a replacement, at the supplier's discretion.

8.3 If the return of equipment reveals that the complaints were unjustified, the supplier shall be entitled to charge not only the costs of shipment but also an appropriate remuneration for the inspection. Any further claim of the Purchaser due to defective delivery, in particular for damages and termination of the contract, shall be excluded.

9.Assembly and service

9.1 We are happy to offer assembly and services at the customer's request. These will be charged separately according to the customer's project. Please contact the Infoline for this.

10 Delay in acceptance by the buyer

10.1 In the event of a delay in acceptance of goods ready for dispatch, these shall be stored at the expense and risk of the buyer, for which he shall be charged an appropriate storage fee.

10.2 If acceptance cannot take place after a delay period of six days has been set, the supplier shall be entitled to invoice the goods, whereby the normal payment conditions shall apply.

10.3 In the event of an agreement to cancel an order, the supplier shall be entitled to charge a cancellation fee of 30% of the purchase price.

10.4 In the event of default in acceptance by the customer, the supplier shall be entitled to enforce compliance with the purchase agreement.The assertion of further or other rights in accordance with the Code of Obligations shall remain reserved.

11 Warranty

11.1 The warranty period shall commence on the date of delivery and shall be 1 year. The supplier guarantees the faultless material quality, proper workmanship and correct functioning of the products supplied in such a way that, in the event of a complaint made in good time and substantiated by facts, he will replace the parts subject to complaint at his own expense or improve them at his discretion. For this purpose, the rejected parts shall be sent to the factory carriage paid. Replaced parts become the property of the supplier. Any further claim of the purchaser, in particular for damages, is excluded. On-site repair at the purchaser's premises is excluded. The professional replacement of defective spare parts may only be carried out by an authorised company during the warranty period, the costs of which shall be borne by the purchaser. 

11.2 Any warranty service is excluded for products that have been poorly stored, damaged by the effects of moisture, used in operating conditions other than those specified by the supplier, custom-made products or products that have been damaged by the effects of moisture.

conditions other than those specified by the supplier, require special manufacture and must be manufactured outside our manufacturing standards, have been worn out by normal use, have been generally

have been improperly handled or used in general, have been connected to the wrong operating voltage, have been repaired or modified without the supplier's consent, have suffered corrosion damage, have not been adequately cleaned, have not been serviced at the prescribed intervals. 12.

12 Place of performance, place of jurisdiction and applicable law

12.1 Graz shall be the place of performance and jurisdiction.

12.2 The legal relationship shall be governed by Austrian law.

May GmbH, Haushamerstraße 6, A-8054 Seiersberg
Tel.: +43 316 284142