General Terms and Conditions (GTCs) of the
Pöchtrager Metallbearbeitung GmbH
The following General Terms and Conditions (GTCs) are applicable unless
agreements or other conditions have been entered into or confirmed by
writing; the purchaser expressly agrees to this when placing an order.
We do not
purchaser's own conditions of purchase or other contractual terms.
the supplier, operate
exclusively on the basis of these General Terms and Conditions (GTCs).
Quotes and Contracting
Contracts and any
thereto must be made in writing. Any agreement on waiving this written
requirement must be made in writing on a case by case basis.
Quotes and cost
estimates are not
binding; the contract becomes effective after receipt of the order once
supplier's written confirmation of this order has been sent in writing.
Our prices, as
stated in the
current price lists and all our price offers, whether in written or
are not binding and are quoted net ex supplier's premises, exclusive
are based on the currently applicable material, energy and payroll
If the lead time
placement and order execution is longer, and/ or in the event of
deliveries and processing on the basis of a master agreement, and if
changes within this time period, the supplier shall be entitled to
price accordingly at the time of delivery.
from the unsuitable condition of materials provided by the customer
Delivery, Transport Risk and Acceptance
4.1 The risk is
passed on to the
purchaser as soon as the goods are handed over to the carrier for
Loading, transport and unloading are always at the purchaser's risk,
carriage paid delivery has been agreed.
We do not cover
insurance for delivery and collection of objects to be processed. We
out transport insurance upon express written request; the costs
such insurance shall be borne by the purchaser in all cases.
4.2 As a matter
delivery times are not binding, unless their guarantee is expressly
the form of a fixed date, a binding delivery date, etc. Only if
delayed due to the supplier's fault shall the purchaser be entitled to
from the contract once a grace period of no less than two weeks has
and elapsed; any other claims or claims extending beyond this scope are
excluded, particularly any claims for damages, unless the supplier has
about the delay in performance through gross negligence or intent.
4.3 If acceptance
purchaser is delayed, for whatever reason, and if the purchaser has not
remedied the causes giving rise to this delay in spite of being granted
appropriate grace period, we shall be entitled, while insisting on
of contract, to store the goods on our premises and to charge the
expenditure incurred thereby; however, we shall also be entitled to
from the contract. In the latter case, we shall be entitled to assert
damages in the amount of 25% of the contract value; alternatively, we
entitled to claim any actual damage incurred in excess of this amount.
Terms of Payment
In the event of
we reserve the right to charge default interest of 9.6%. As a matter of
principle, set-off and retention by the purchaser are excluded, unless
expressly recognised a set-off or retention in writing or any such
retention has been ordered by a court of law. In special cases, we
right to make deliveries only against advance payment or payment upon
This applies in particular
whenever circumstances exist that reduce the purchaser's credit
this case, we shall also be entitled to withdraw from the contract
entitlements accruing to the purchaser in so doing.
Retention of Title
delivered, assembled or
otherwise processed according to the purchaser's instructions shall
property until the purchase price has been paid in full.
In the event of
bankruptcy, the purchaser shall inform us thereof without delay. The
applies if goods subject to the retention of title are distrained (by
Any goods subject
retention of title which are taken back can be disposed of freely by
Packaging, Return Delivery
delivery and return
delivery of the goods to be refined by us are shipped in the customer's
packaging or the customer's own transport containers.
If the purchaser
does not provide
suitable packaging material for the return delivery, the supplier shall
entitled to package the goods properly for the purpose of return
the purchaser's expense.
8.1 The goods
must be examined
immediately upon receipt (delivery, collection) to the extent
possible in the ordinary course
of business and the supplier must be notified of any shortcomings. To
the purchaser's rights, the timely dispatch of the notification shall
If the supplier has fraudulently concealed any shortcomings, it may not
this regulation. For return deliveries, the supplier's original
number must be specified in the consignment note, in the shipping
the carrier invoice and/or in the other return delivery documents.
differences in the
gloss level shall not be considered a shortcoming and must be accepted.
The warranty obligation shall
apply for a period of 12 months; a warranty claim shall be subject to
statute of limitation if it is not asserted before a court within this
If a warranty claim is filed, the warranty period shall not be
suspended nor will a new warranty period begin.
8.4 The existence
shortcoming must always be proven by the purchaser; the praesumtio
Sec. 924 of the Austrian Civil Code (ABGB) is excluded by mutual
Damages and Liability
For damages of
any kind –
personal injury excepted – including damages resulting from the
non-fulfilment of the contract, from tortious acts or omission and from
shortcomings, the supplier shall be liable only insofar as such damage
caused by gross negligence or intent.
Any claims for
this shall be excluded. Claims arising from product liability shall not
place of fulfilment for
delivery and payment shall be 4532 Rohr in Kremstal. All disputes
this contract shall be settled by the courts in 4400 Steyr with
over the subject matter. The international jurisdiction of the Austrian
has been agreed.
Place of Fulfilment, Venue
and procedural law shall apply while the United Nations Convention on
for the International Sale of Goods shall be excluded.
contract concluded on the
basis of these GTCs qualifies as a consumer contract in accordance with
Austrian Consumer Protection Act (KSchG), the provisions of the
Consumer Protection Act and the Austrian Civil Code (ABGB) shall apply.