GENERAL TERMS AND CONDITIONS OF SALE OF LÖFFLER GMBH
1. ACCEPTANCE OF PURCHASE ORDERS
We reserve the right to accept or deny the acceptance of any purchase order until an order response has been issued. We may also accept purchase orders in part. Even repeated supply does not create a right to further supply, exclusivity of location or customer protection. Even if the seller does not expressly oppose the buyer's terms and conditions of purchase, it shall not be bound thereby.
2. THE PRICES
shall apply in case of shipment for the account and at the risk of the recipient; resale prices are not cartelized.
3. DELIVERY PERIOD
If delivery periods are exceeded, the customer may grant a reasonable grace period. After the grace period has expired, the customer may cancel the purchase contract insofar as it has not yet been performed by us. Any further claims shall be excluded. In case of unforeseeable obstacles to delivery, we may cancel the contract, in whole or in part, or reasonably extend the delivery period.
4. TERMS OF PAYMENT
Our invoices are payable 30 days without deduction. In any case, we reserve the right to deliver only against advance payment, collection c.o.d., or against a bill of exchange.
In the event of a default in payment, default interest at a rate of 3 % above the bank debit interest rate shall be charged. Incoming payments are set off against the earliest debt.
The customer's rights to set-off and retention are excluded. If a customer is in default of payment, or we become aware of any circumstances that make the extension of a loan appear questionable, we may assert all claims immediately, irrespective of their maturity. In this case, we may retain further deliveries. Moreover, we may cancel all contracts, in whole or in part, and take possession of unpaid stocks from our deliveries at the customer's premises during normal business hours. Agreed and/or recorded discounts apply only in case of complete acceptance of the contract and subject to timely payment.
5. RESERVATION OF TITLE
Delivered goods remain the property of Löffler Ges.m.b.H. until complete settlement of all claims, including claims against third parties. Reservation of title extends to the delivered goods as well as to the proceeds thereof. Resale of the goods prior to payment in full is subject to the retention of title being assigned to the relevant buyer by virtue of a notification of the relevant buyer of the assignment for security purposes by Löffler Ges.m.b.H's contractual partner and immediate notification of the resale to Löffler Ges.m.b.H.. In case the goods delivered subject to reservation of title should be pledged, Löffler Ges.m.b.H. shall be notified in detail without delay.
If goods are taken back due to reservation of title, Löffler Ges.m.b.H. may assert an interim impairment (Entmodungsabschlag). If the purchase price payable is paid in full by a third party, Löffler Ges.m.b.H. shall assign all rights resulting from reservation of title to said third party.
6. NOTICE OF DEFECTS
Complaints shall be honoured only if they are made by written notice within one week after receipt of the goods, at the latest. Any customary or technically unavoidable deviations (e.g., as to quality, color, size, equipment or design) shall be not be eligible for a notice of defects. We only accept return shipments subject to prior written agreement; return shipments may include neither letters nor checks. In case of justified complaints, we will deliver a replacement. Further warranty claims do not exist.
7. PLACE OF PERFORMANCE
Place of performance and place of jurisdiction shall be Ried im Innkreis.
For deliveries to Germany, place of performance and place of jurisdiction shall be Passau; for deliveries to Switzerland, St. Gallen.
8. THIS AGREEMENT
is governed by and construed in accordance with Austrian law. As regards German contractual partners, this Agreement shall be governed and construed in accordance with German law; as regards Swiss contractual partners, Swiss law.
9. AGREEMENTS TO THE CONTRARY
shall not be effective, unless made in writing.