EXTRACT FROM THE GENERAL SALES, REPAIR, DELIVERY AND PAYMENT CONDITIONS OF THE COMPANY ROTHBÖCK TEXTILIEN GMBH, FN 116619Z, A-5274 BURGKIRCHEN
By signing this contract the purchaser expressly acknowledges the following sales, repair, delivery and payment conditions and agrees to abide by them. All deliveries and services of the company Rothböck GmbH (hereinafter referred to as “Company Rothböck” or “we”) are subject to the following terms and conditions, unless a separate other written agreement between the parties in a particular case has been concluded. The company Rothböck is not bound to other purchase and delivery conditions of the contractors. The contractual partner declares, to have exercised the possibility to read these conditions under WWW.WEBEREI-ROTHBOECK.AT.
1) Scope
All our offers, sales, deliveries and services are subject to the following conditions, even if not explicitly referred to. By placing the order these conditions have become part of the contract and accepted by the client. Different agreements and supplements to an agreement must be in writing. The valid version at the time of the concluding of the contract shall be applicable to the contract. Differing, conflicting or additional terms and conditions, even with knowledge, do not become part of the contract, unless their validity is expressly agreed upon. Customers in the sense of the terms and conditions are mostly entrepreneurs.
2) Legal validity of the contract
Subject of the contract are furnishing fabrics. The goods specification is to be read in the item description. An order and purchase contract is only concluded when we send a written confirmation to the customer. Our silence shall not constitute consent or acceptance of an order. We expressly reserve the right to refuse orders, especially if the customer invoices are not paid to us.
3) defense of uncertainty / payment difficulties
If during the execution of the contract is revealed that the purchaser suffers payments difficulties, the company Rothböck is entitled to file the objection of uncertainty and make a delivery or service conditional upon a of the purchaser provided bank guarantee of an Austrian Bank in the amount of the value of the goods / services or that the purchaser makes sufficient payments on the account in advance.
4) Delivery obligations, delivery, transfer of risk
Our delivery times are not binding. The delivery times premise a normal state and normal conditions. In the case of unforeseeable delays in a delivery of the supplier (in particular yarn supplier) we are one-sided entitled to terminate the contract. This also applies to the case of force majeure, unforeseen strikes, lock-outs or for all cases in which delays are not due to the fault of the company Rothböck. In all these cases, all of the purchasers’ damages due to the non-performance are excluded. We are entitled to exceed the order quantity up to 5% above or below and to bill them. We reserve changes in the material composition and small variations in color and design changes due to technical reasons. The delivery by the company Rothböck is met, when the goods are handed over to the transporter or are accepted by the purchaser himself from the depot or warehouse. The goods are shipped to the address specified by the purchaser or customer. The choice of shipping method and shipping is reserved to us. Packaging is done in the standard manner. The risk shall pass to the purchaser ex works or warehouse.
5) Withdrawal, cancellation fee
The purchaser can reverse orders only with the permission of Rothböck. In the event of cancellation, the purchaser is obliged to pay the company Rothböck fifteen percent of the contract price as a cancellation fee. This cancellation fee is not subject to judicial restraint. The right to claim further damages remains expressly reserved by the company Rothböck.
6) Prices and Pricing
Our prices are, unless otherwise expressly agreed, net from our warehouse in Burgkirchen. The agreed prices are calculated on the basis of the purchase price of the company Rothböck at the time, when the contract was concluded. A mistake is reserved, when it is clarified immediately. Shipping costs are not included in the purchase price and are to be paid separately by the purchaser or customer. Express and air freight surcharges will be invoiced separately from us. Transport insurances are concluded only on behalf and on account of the purchaser or customer. The purchaser has to perform the disposal of packaging.
7) Terms of payment / interest on arrears
Payments are only debt-discharging, if they were paid in cash to us, or have been received by the deadline on one of our announced bank accounts. All payments must be made free of charges and without deduction. If a payment is delayed, entrepreneur-interest shall be deemed as agreed upon.
8) Retention of title
Until full payment of the purchase price including all fringe benefits, the delivered goods remain in the sole and exclusive ownership of Rothböck and may only be sold to a third party with our express written consent. In case of a qualified payment default we are entitled, without judicial judgment, to independently exercise the sole and exclusive ownership and pick up the unpaid goods at the purchaser.
9) Notification of defects, transport damage
Any notice of defects must be asserted by the purchaser without undue delay in writing. If within eight days of the adoption or acceptance of the goods no written complaint arrived, all the goods shall be deemed as accepted by the purchaser. We provide no warranty for normal wear and tear, of the product or for defects caused by improper wear or use of the product. After this period complaints will not be accepted. After the cutting or processing of the supplied goods all complaints about defects are excluded. Minor, technically unavoidable deviations in color, width, weight, equipment or design of the goods must be tolerated by the purchaser / customer.
10) Warranty and Guarantee
It is the customer’s responsibility to determine the suitability of our products for the intended purposes’ suitability. Our advice, indifferent in speech or writing is not binding and do not release the customer from testing our products for suitability and for the intended purpose. Claims for damages from this title are excluded. In case of a subsequent delivery we take no responsibility for the equality of the color shade with the first delivery. The company Rothböck grants warranty to the purchaser within the scope of the legal provisions for the functionality of the sold goods. Warranty claims can only be accepted by us, if we have been notified in writing by the purchaser immediately and comprehensively after discovery of the defect. Any guarantee or warranty is void if the purchaser does not follow the rules regarding the treatment or use of the delivered goods. The warranty covers faults that have demonstrably existed prior to the transfer of risk. Warranty claims of the purchaser are limited at our option to repair or delivery of a defect-free product. Only when the repair fails or replacements have failed, the purchaser can demand cancellation or price reduction. Goods that we have recognized as defective and exchanged become our property. To carry out all the repair and replacement we deem necessary, the purchaser shall grant us the necessary time and opportunity after notification, failing which we shall be exempt from the warranty. In case of a re-sale of our goods within the guarantee- or warranty period, our guarantee obligation expires. The assertion of warranty claims shall not relieve the purchaser from his contractually agreed (payment) obligations. The guarantee period is one year. The warranty period is three years. Damages for consequential damages caused by a defect are excluded.
11) Product Liability
The purchaser agrees to exactly comply with all operating instructions and safety regulations. The purchaser is aware that, in case of a non-observance or a non-compliance of safety regulations, the liability of the company Rothböck in the context of the PHG will expire.
12) Jurisdiction and performance
The place of performance of this contract, even for payments, is solely A-5274 Burgkirchen. In the event of a legal action out of this contract or its initiation Austrian law shall be applicable. This also applies to any claims for damages of the company Rothböck against the purchaser. For all legal disputes arising from this contract or it’s initiation or the conclusion of a contract and contractual obligations, the District Court A-5280 Braunau am Inn or A-4910 Ried in accordance with Article 23 EuGVVO (Bruxelles I-Directive EG/44/2001) shall be competent. This jurisdiction agreement shall also apply for customers outside of the scope of the EuGVVO.
13) Privacy
All personal data is handled confidentially. Data required for the transaction is stored and passed on during the performance of the contract to our contract partners.
14) Severability, collateral agreements
Should any of these hereby agreed conditions be wholly or partly invalid, the other conditions shall retain their full force and content. Verbal subsidiary agreements have not been made; additional benefits or liabilities have not been agreed upon. Contract amendments must be in writing. Agreements, which are not confirmed in writing, shall not be valid.
GTC-ROTHBÖCK, FN 116619z