Subject of the contract are the goods specified in the order and in the order confirmation. For deliveries by RBS Kompensator GmbH (hereinafter referred to as RBS), the following terms and conditions apply exclusively, the contents of which are deemed to be accepted when the order is placed or when we accept our offers, order confirmations and invoices. Other conditions are only permitted in the case of explicit and written consent of RBS. General terms and conditions of the client are only recognized in the case of the express written consent of RBS. Offers are non-binding. A contract is only concluded with written confirmation of the order placed.
All prices are calculated according to the price list valid at the time of the order; they are net without obligation and ex works. Shipping costs, in particular packaging, transport costs, environmental taxes and VAT are to be borne by the customer. Errors and misprints of the price list are reserved. The acceptance of orders on the basis of price lists requires a confirmation, which is considered to have been granted by invoicing or delivery. Prices based on offers can only be maintained if the quantities and qualities quoted in the offer remain unchanged. The prices are calculated on the basis of the decisive costs on the day of the offer. In case of significant changes to the basis of calculation, such as price changes, changes in freight rates, force majeure at our suppliers, etc, we reserve the right to adjust the prices.
DELIVERY, PACKAGING, TRANSFER OF RISK
If no special instructions are given by the customer - the (additional) costs of which are to be borne by the customer - the dispatch and packaging shall be carried out at the discretion of RBS, but uninsured (also in the case of franko delivery) and for the account and at the risk of the recipient. The risk is transferred as soon as the goods are made available. The transport risk is therefore borne by the purchaser in any case. Storage measures for goods on call shall be borne by and at the expense of the customer. Delivery periods shall generally commence on the date of our order confirmation, unless they are dependent on advance performance by the customer. In the event that promised delivery dates are exceeded due to force majeure or other circumstances for which we are not negligently responsible, no claims whatsoever can be made by the customer. The indication of expected delivery dates is non-binding. Goods ordered on call are to be accepted within twelve months at the longest from the date of the order. After expiry of this period, we shall be entitled, at our discretion, to deliver the goods or to cancel the order and to claim a cancellation fee of 15 % of the gross order value, which shall not be subject to judicial mitigation. We reserve the right to claim damages in excess thereof.
If the customer cancels the order or withdraws from the contract without authorization, it is at the discretion of RBS to insist on the retention of the contract or to accept the cancellation or withdrawal. In the latter case, the customer is in any case obligated to pay a cancellation fee of 15% of the gross order value, which is not subject to the judicial reduction right. The assertion of a further compensation remains also reserved.
DELIVERY OF SPECIAL PRODUCTIONS
For reasons of production technology, we are entitled to carry out an over- or underdelivery of 10% of the ordered quantity for custom-made products. For custom-made products, only the prices according to the offer apply.
The goods remain our property until full payment of the purchase price including any interest and collection costs, in the case of bill of exchange or check payments until the bill of exchange or check is honored. Extended retention of title is agreed. The goods remain our property even after processing, transformation or connection or installation. The customer is therefore not entitled to transfer the goods to third parties, to pledge them, to offer them as a guarantee or otherwise to surrender them. If, contrary to the prohibition, our goods are nevertheless sold by the buyer, our retention of title extends to the buyer's claims resulting from this sale. In seizure of the same we are to be informed immediately. Attached property labels may not be removed until full payment. The buyer's claims against the third party shall be deemed to have been irrevocably assigned to us immediately after their creation and the buyer is obliged to notify us to his customers if the retention of title is maintained.
Our terms of payment are 10 days 2% discount or 30 days net without deduction, calculated from date of invoice. After 30 days, we are entitled to charge 12% default interest. Basically, only in EURO will be charged. The acceptance of acceptances or checks is at our sole discretion and is always for payment only. All expenses or interest in this connection shall be borne by the customer. The customer also undertakes in the event of late payment, the resulting reminder fees of a debt collection agency gem. Directive and / or the costs of a legal reminder.
For a period of six months from handover, we provide a full warranty that the delivered goods are free from manufacturing or material defects. It is agreed that the right to warranty must be asserted in court within six months and the presumption of defectiveness at the time of handover does not apply. The purchaser is obliged to inspect the goods immediately upon receipt and to give written notice of any defect without delay, otherwise warranty claims shall lapse. Furthermore, there are no warranty claims, if KS was informed incorrectly or incompletely about the operational framework and conditions of use of the goods, if the same are changed subsequently or if the customer makes changes or repairs to the items delivered by us without our written consent. In the event of a justified complaint, we shall, at our discretion, either remedy the defects or deliver replacement goods free of defects. There shall be no other claims under the title of warranty, unless they fall under the Product Liability Act. Any claim under the title of damages, in particular for consequential damages, loss of profit as well as personal injury or property damage and damage caused by passing on to third parties. Claims for cancellation of the purchase or reduction of the purchase price are excluded. A set-off of the orderer against claims of KS is excluded.
COPYRIGHT, PATENT, PATTERN, AND TRADEMARK RIGHTS
Plans, drawings, sketches and other technical documents remain as well as samples, catalogs, brochures and the like. our intellectual property and are subject to the protection of the relevant legal provisions regarding duplication, competition, etc. They may not be used, duplicated or made accessible to third parties without our written consent.
JURISDICTION, PLACE OF PERFORMANCE
Place of performance and agreed and exclusive place of jurisdiction for all disputes concerning all services from contracts concluded or initiated with us is BG Kufstein. The exclusive application of Austrian law is agreed.