Delivery and Payment Terms
Our delivery and Payment terms apply to all deliveries and all services which we render in our normal course of business to private persons or companies, if there are not made inclusions or exclusions for one of these groups in the following.
Our offers are without engagement. Prospectus, samples, catalogues, painting, calculations, descriptions or any information given in simular form to which we refer in our offers or which belong to our offers are approximate informations and are not binding if they are not expressively confirmed in writing by us.
Public statements in advertisement or in identifying qualities are not binding except they are expressively named as part of the offer. Changes in products, basing on produchtion process, can be made within the normal customer expectations. If offers are based on specimen, then form, color, weight and structure of the specimen are not guaranteed characteristics but reflect the average nature and quality of the product. Warranted charcteristics are warranted only if they are expressively named as warranted in the written order confirmation.
Changes in law, espacially tax-law, allow changes in prices even after contract conclusion.
2.2. Contract agreement
Contracts are concluded after our written order-confirmation or by our carrying-out of the order. On purchase of historical Parquette or Restoration of historical Parquette contractial agreements are not concluded before we have received payments as demanded in following point : 6. Payment of these payment and delivery terms.
3.1. Time. Stated dates for delivery are no fixed dates, except they are expressively confirmed as those. We can not be blamed for delivery delays resulting from force majeure or equivalent events, in particular externally or internally influenced operation troubles or breakdowns, offical authority instructions or hinderings of traffic and they do not entitle to compensation or to withdrawal from contract. If the customer is in delay of acceptance ordered goods or services, customer has to pay all material costs and, if wages are part of the agreement, so far accrued wages at the agreed date of payment.On workorder-contracts we set the client a timespan of 14 days for the final taking-over and legal acceptance by writing. The customer has to set a date within this timespan in agreement with us for the take over and acceptance of the workorder. If the customer does not take over and accept the work within the timespan, the work is supposed and hold as taken over and legally accepted by customer and the customers is in delay.
3.2. Transfer of risk
3.2.1. The transfer of risk is realized by handing over the products.
3.2.2. If the customer is a private consumer and wants to dispatch the products, he has to name the carrier by writing. In this case transfer of risk is realized by handing over the bill of lading to the carrier.
3.2.3. Except for private consumers., in case of dispatching of the products, the transfer of risk is realized by handing over the the bill of lading to the carrier.
3.2.4. For workorders, for which the products are delivered by us and are part of the order, the transfer of risk is realized for private consumer customers when the products are handed over at the place of performance, for other customers the transfer of risk is realized by handing over the the bill of lading to the carrier. The transfer of risk at latest is realized when the work for the order begins. The customers takes the risk and liability for the products if they are stored during the performance of the workorder.
3.3. Assembly and installation
For these orders measurements made by the customer are Part of the order. Subsoils must allow for the immeadiate assemble or installation without any preparing or other work. Measuring, preparing or other work to enable the assembly or installation, which are not espressively mentioned as part of the order in the written order confirmation, or costs because of incorrect dates given by the customers are billed additionally. The terms of VOB, part B and C, are part of the contract. The calculation of measurements is made including niches and swells following the measurements of the brick-work. Expansion-joints etc. are substracted from measurements. Recesses as vaults, pillars etc. up to 0,5 m² are not substracted.
Wood is a natural product and its color- and structure-deviations as well as its biological and physical characteristics have to be considered on both purchase and processings and do not give basis for warranty-claims.
Private consumer claims based on product warranty are limited to 12 months, claims based on missing quantity or false delivery are excluded after transfer of risk. If the customer is not private consumer and does not inform about defects, missing quantities or false delivery at transfer of risk or, when the products shold be dispatched, immediately after taking over from the carrier, products and delivery are accepted.
For workorders the customer has to check and accept products, which are delivered by us or third party and are processed in the workorder, before the beginning of the performance of the workorder. After the begin claims even for hidden defects are exluded from warranty. On demand we cession our claims against the third party to the customer. After the legal acceptance of the order warranty warranty claims are excluded for the whole content of the order.
For warranted characteristics we take obligation only so far as the warranty is made for the purpose to protect the customer against damage from missing of the warranted characteristic.
5. Reservation of property
Goods delivered stay our property until full payment of the contractual price of the goods and all our due receivables business connection. Processing of these goods by our order, free of charge and without any obligation. The buyer of goods with retention of title assigns us joint-ownership at the new product in relation of amount of our invoice to the value of the new product, which itself stays reserved of property.
If goods with retention of title become property of the customers or a third party by binding up with an immovable object, the customer assings us the claims of unjustified enrichement against the owner. We accept the cession.
If goods with retention of title are is binded up with a movable object in a way that it becomes An essential part of the other object, which then is considered as the main object, the custumer already now tranfers to us quotational joint-ownership of the new object and his compensation claim against the third party. We accept the cession.
The customers is allowed to sell the goods with retention of title in his orderly business operations under the condition, that he assigns us his receivales of the sale and that he makes the retention against his customer that the customer himself will get property not before full payment. We accept the cession.
Without our witten consent pledging or cession by security of the goods with retention of title is not permitted. If pledging, confiscations or simular interferences of third parties take place against goods with retention of title, the customer has to advice the third party of the retention of title and inform us immediately.
6. Payment terms
If no payment terms are concluded by writing in the order, our invoices are due at the handing over of the goods to the customer. If the goods are dispatched, inland or abroad, invoices are due at handing over the lading bill to the carrier (cash agalnst documents). If agreed by writing, partly payments are allowed. A right to set-off or a right of retention against our claims exists only for claims undisputed by us or finally adjudicated.
On delay of acceptance invoices for goods become due immediately. On delay of acceptance of workorders total material cost of the workorder and all labor cost accrued up to the moment of the delay are due immediately.
If historical Parquette is part of the order, 50 % of the order amount is due before concluding of the contract, for foreign orders the total order amount is due before concluding of the contract.
Solvency and creditworthines of the customer are presumed. If after the conclusion of the contract we become aware of circumstances that lead us to have well-founded doubts in customers solvency or creditworthiness, we are entitled to immediately revoke and cancel the contractual payment terms, to declare invoices immediately due and payable and withdraw, also partly, from contract.
If there is no different written agreement, Vienna, Austria, is the place of fulfillment and jurisdiction as well as Austrian Right. If there is any clause in this agreement which infringes law, is void or is illegal for other reason, the valididy of the other agreements remins untouched. Instaed of the invalid clause an alternative clause will be agreed, which will reflect as closely as possible the initial intention and meaning of the original clause.