General Terms and Conditions (GTC)

 

Company Otto Hack Ges.m.b.H., Feitelstraße 1, 4453 Trattenbach, Austria

 

1. All offers

All offers are subject to change until written confirmation of the order. The course of the services agreed in the contract begins with the conclusion of the contract. The agreed delivery time shall only be binding if its observance is not made impossible by circumstances for which the supplier is not responsible or whose elimination is beyond the supplier's control (shortage of materials, strike, lockout or other cases of force majeure). If the above-mentioned circumstances make delivery impossible, the supplier may withdraw from the contract without being obliged to compensate the customer. Justified deviations from the agreed date must be tolerated.

 

2. Price

All prices are ex works, excluding packaging. The cost situation existing at the time of offer or order confirmation is the basis for the prices quoted by us. If the basis changes after the order has been placed as a result of wage and material increases or due to other circumstances making the prices more expensive, we are entitled to correct the agreed prices.

 

3. Down payments

Advance payments are agreed when order size, delivery period or other unavoidable circumstances cause high pre-financing. No interest is paid on the advance payment.

           

4. Packaging and Dispatch

Packaging and dispatch are at the expense and risk of the recipient. Packaging requested separately will be charged at cost price and not taken back. Deviations require the written form.

           

5. Transfer of risk

Any risk shall pass to the customer when the goods leave our works.

           

6. Excess and short delivery

Depending on the type of product, deviations in quantity of 5 to 10 % are permissible on delivery.

 

7. Liability and defects

The decision or examination as to whether the goods or materials ordered or proposed by the supplier or provided by the purchaser are suitable for the intended purpose is the responsibility of the purchaser. The supplier shall be liable for defects in goods supplied by the purchaser if they are caused by the supplier's fault. Goods supplied by the purchaser which do not correspond to the drawings, samples, delivery quantities and dates on which the contract was concluded entitle the supplier to make price adjustments if this changes the cost basis.

 

8. Defects in supplied parts

Defects in vendor parts which are visible or detected during or after production (dimensional and quality deviations, casting blowholes, etc.) and for which the supplier is not responsible shall be borne by the customer. In the event of failure of the goods, the costs incurred up to the time the defect detection shall be charged to the customer.

 

9. Quantity supplied

The parts provided must be delivered to us free of charge and carriage paid. To ensure the agreed delivery quantity, depending on the type of goods, a free additional delivery of 3 to 10 % of the raw parts or materials is required.

 

10. Complaints

Visible, measurable and obvious defects must be reported in writing no later than 4 weeks after delivery. If they are justified, the purchaser is entitled to free replacement or reworking. For concealed defects, the limitation period shall apply in accordance with the statutory warranty claim. For hidden defects, the limitation period applies in accordance with the statutory warranty claim. Refusal or delay of payment due to the notification of defects is not permitted. All claims for compensation are settled with the faultless redelivery of the goods complained about. Claims for damages beyond the scope of the deliveries - especially for possible consequential damages - are excluded. Putting into use or processing of the delivered parts shall be considered as acceptance. 

 

11. Payment

Unless otherwise agreed, payment is to be made within 14 days with 2 % discount or within 30 days net in cash. Cheques are only considered as payment after they have been cashed. Our bank receipt shall be deemed the date of payment. We deliver to customers unknown to us against advance payment or cash on delivery. If during the course of the contract circumstances are ascertained which call into question the solvency of the customer, the supplier may withdraw from the contract.

 

12. Retention of title

The delivered goods shall remain our property until all claims arising from this, as well as earlier and subsequent deliveries of goods, including incidental claims, have been satisfied. The purchaser is entitled to dispose of our property goods in a fiduciary capacity within the framework of proper business transactions, to treat them accordingly and to insure them. In the event of access by third parties, the purchaser is obliged to inform us immediately. If he resells our proprietary goods, his claims shall be transferred to us without further declaration of assignment to secure our claims.

 

13 Place of performance is Trattenbach, place of jurisdiction is Steyr

We are however entitled to assert our right at the courts responsible for the domicile of the purchaser.

 

14. Deviations

Deviations from our sale and delivery conditions are only valid if they have been confirmed by us in writing.


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