GENERAL BUSINESS TERMS AND DELIVERY CONDITIONS OF THE FIRM BRUEDER RATH STEINBRUECHE GES.M.B.H.
1. Points 3, 6, 9, 14 and 16 do not apply with regard to transactions in which consumers are subject to consumer protection laws.
2. All prices with regard to the Stainz price list are understood to be ex works Stainz; those regarding the Ried price list are ex works Ried im Traunkreis; and with regard to the Wöllersdorf, price list ex works from Wöllersdorf (EXW), commensurate with Incoterms, status 1976.
3. Offers are valid subject to final contractual conclusion only after written confirmation of order.
4. The buyer/customer is obligated to unmistakably specify in his order the type, bulk and scope as well as the desired delivery date. If ex works if stipulated as a delivery condition, the delivery date is considered as fulfilled if the seller/supplier provides the buyer/customer or the authorized forwarding agent or carrier with the ordered product in his works no later than the last day of the stipulated delivery period.
5. Force majeure, plant closure, breakdowns, transport difficulties, problems with breakage and/or processing procedures, and other unforeseen or unforeseeable events entitle the seller/supplier to appropriately extend the delivery deadline for the duration of the hindrance.
6. The seller/supplier will make the effort to duly comply with the promised delivery dates. However, the buyer/customer cannot claim the right of rescission of contract arising from any delayed delivery; or, respectively, no default penalties or other claims due to late delivery will be recognized.
7. Due to the ex works delivery condition, the buyer/customer have to ensure the transport of the goods themselves; or, respectively, to provide the seller/supplier with appropriate instructions. Transition of risk is effected with dispatch of the delivery. The forward of delivery objects is effected in all cases at the risk of the buyer/customer, even if freight prepaid delivery and any optional type of shipment have been agreed upon. If nothing else is stipulated, loading and shipment of the delivery object are charged to the customers account. In the event of damages during transport, the complaint vis-à-vis the carrier is incumbent upon the buyer/customer, whereby it is recommended that the buyer/customer arranges an immediate official report on the state of affairs.
8. It is to be explicitly stated that this concerns natural stone products with respect to the sellers/suppliers goods, and that these are not able to be fully and uniformly delivered with respect to color, pattern, strength and treatment. Deviations in this respect are to be expressly accepted by the buyer/customer, even if the delivery has to be effected according to submitted average patterns. Furthermore, it is to be stated that color changes or rusting can occur with natural stone material.
9. Therefore, complaints are only taken into consideration if they have already been brought about in writing or orally (against confirmation) at the time of acceptance. The inspection of the goods always has to be effected before any further processing, treatment or transferal. Complaints afterwards cannot be acknowledged by the sellers/suppliers.
10. Claims for damages are excluded, with the exception of damage claims pertaining to transactions with consumers which are subject to consumer protection, in the event of gross negligence or willful intent.
11. Upon exceeding the term of payment the seller/supplier is entitled to charge 12% interest on arrears. In the event of his own delinquency, the buyer/customer is obligated to reimburse the sellers/suppliers for overdue notification and collection expenses.
12. The buyer/customer expressly acknowledges that the following conditional sale is considered as agreed upon for all deliveries from the sellers/suppliers. The seller/supplier retains ownership of the delivered goods until complete payment of the purchase price, including any interest and expenses. This conditional sale remains in effect with payment by means of check until complete redemption. As long as the right of ownership pertaining to the sellers/suppliers is not expired, any further sale and/or treatment/processing is effected by the buyer/customer as an authorized representative of the sellers/suppliers, without the buyer/customer subsequently acquiring a claim against the sellers/suppliers. If the buyer/customer sells the products of the sellers/suppliers, or installs them on a property or in a building, the buyer/customer thus immediately assigns in advance all rights arising from the sale or the installation or the purchase price or any other demands vis-à-vis third parties to the sellers/suppliers. The seller/supplier is to be immediately informed about a resale and/or treatment/processing of the goods existing under conditional sale. Upon the request of the sellers/suppliers, the buyer/customer is obligated to notify third parties of the assignment of his claims to the sellers/suppliers, and to furnish proof concerning this vis-à-vis the sellers/suppliers. Moreover, the buyer/customer is obligated to report assigned claims to the sellers/suppliers. The buyer/customer is also obligated, on request, to notify the sellers/suppliers regarding the names and addresses of the debtors of the assigned claim, and to notify the debtors about the assignment of his claims, and if required to issue a certificate concerning the assignment to the sellers/suppliers.
13. The seller/supplier is not obligated to carry out further deliveries to the buyer/customer before payment of any due invoicing amounts. If the buyer/customer is in arrears with a payment, the seller/supplier is entitled demand payment for delivery of the product before delivery of any further orders.
14. Should provisions diverging from these General Business Terms and Delivery Conditions be effected by means of correspondence or verbal agreements, these are therefore only valid insofar as they have been expressly confirmed by the sellers/suppliers in writing.
15. The Stainz Works, Wald 102, A-8510 Stainz, the industrial plant Ried im Traunkreis, Voitsdorferstraße 27, A-4551 Ried im Traunkreis or the Wöllersdorf Works, Römerstraße 1, A-2752 Wöllersdorf apply as place of performance for delivery and payment; this is contingent upon which industrial plan has been delegated with the contract.
16. Irrespective of the value in dispute, the exclusive factual and local jurisdiction of the Stainz District Court is agreed upon as selected legal venue, pursuant to § 104 JN [legal jurisdiction ordinance], whereby Austrian law has to be applied for all disputes arising from these business transactions between sellers/suppliers and buyer/customer.
17. In the event of delivery through company-owned heavy goods vehicle, the road conditions of the unloading site have to be suitable for up to 26 tons total weight.
18. All prior sales and delivery conditions of the sellers/suppliers are superseded by the revised version of the General Business Terms and Delivery/Payment Conditions at hand.
Brueder Rath, Steinbrueche Ges.m.b.H.
LG Graz unter FB-Nr.: FN69598a