By placing an order with us, regardless of the form in which it takes place, the customer acknowledges our terms and conditions, which apply to both the delivery of goods and services.
If we request a technical project elaboration, this will be invoiced by us, unless otherwise agreed.
Plans, sketches and other technical documents, as well as samples, illustrations and the like, always remain our intellectual property, protected by the relevant legal provisions with regard to duplication, imitation, competition, etc.
If the goods are manufactured on the basis of plans, sketches, information or models provided by the customer, we only guarantee execution in accordance with the customer's information within the scope of the law, but not for the correctness and suitability of the customer's information.
Unless otherwise agreed in writing, all our offers are free of charge and non-binding, but the fee paid will be credited to the extent of the offer when an order is placed. The prices listed in the offer are the prices of the day whose date the offer bears.
Unless otherwise agreed, the prices apply ex works, excluding packaging, loading and insurance. If delivery with delivery is agreed, the prices do not include unloading and contracts.
If, between the conclusion of the contract and the performance of the service, wage cost increases by law, regulation or collective agreement, material cost increases due to recommendations of the Joint Commission or changes in the world market prices for raw materials, the prices in question will increase accordingly.
If the contract is concluded with the prices left open, the prices applicable on the day of delivery will be charged.
Unless other agreements have been made, half of the order amount is to be paid when the order is placed, the remainder when the notice of completion or readiness for dispatch is given.
From the due date, 12% interest on arrears as well as all extrajudicial and judicial costs of debt collection are to be paid by the client.
Penalty orders are not accepted by us.
The customer is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us.
The delivery period begins at the earliest with the acceptance of the order, but never before all technical details and financial requirements have been finally clarified.
Strikes, cases of force majeure, breakdowns, difficulties in procuring materials and the like release us from the delivery obligations assumed.
If the order is urgent due to its nature or if the customer requests its urgent execution, the additional costs incurred due to the necessary overtime and the acceleration of the procurement of materials will be charged.
The transfer of risk occurs upon notification of completion and provision. If the customer does not accept the goods provided at the agreed time, we are entitled to demand performance and to arrange for the goods to be stored at the customer's expense and risk and to assert other statutory rights.
Defects can only be taken into account if they are asserted upon receipt of the goods, whereby we must be granted a reasonable period of time to remedy the defects.
It is expressly agreed that we are only liable to the customer for replacement or repair of the defective goods, but that there is no right to change or a price reduction. Likewise, we are not liable for indirect damage, such as business interruption and the like. We shall only bear the costs of rectification of defects carried out by the customer himself if this has been expressly agreed in advance.
We assume no liability for the acceptance of repair orders or for changes or conversions of old or third-party goods, or for the delivery of used goods.
In all cases, we reserve the right of ownership to all delivered goods. Ownership is only transferred to the customer after full payment of all our current and future claims against the customer.
If the retention of title is asserted, we are entitled to withdraw the customer's right to use our goods without judicial assistance, while claiming the right of free access to our property.
Likewise, we may use the subject matter of the contract privately and initially cover all expenses, subject to the assertion of further claims for compensation.
The contract is governed by the law of the seller.
Other purchasing and payment conditions only apply if they are confirmed by us in writing.
If there is a consumer transaction within the meaning of § 1 Paragraph 1 No. 2 of the Consumer Protection Act, BGBI, 49 pieces/1979, the above conditions only apply insofar as they do not contradict the provisions of the Consumer Protection Act.
An obligation to pay compensation under the Product Liability Act BGBI.-No. 99/1988 of February 12, 1988 or other provisions derived from product liability claims for property damage to business items used by entrepreneurs are excluded.
If individual provisions of these general terms and conditions of sale and delivery are ineffective due to separate agreements, this does not affect the validity of the remaining provisions of these general terms and conditions of sale and delivery.
Place of performance is Tulln.
The place of jurisdiction for the company First Class Marine GmbH. competent court agreed. Both contractual partners submit to Austrian law, which applies exclusively to the present contract.