The principles of these General Terms and Conditions of Business (referred to below as ‘AGB’) are conceived for legal transactions between Contractors as defined in § 1 of the UGB (Austrian Commercial Code). If, by way of exception, they are to be applied to legal transactions with consumers as defined in § 1 of the KSchG (Consumer Protection Act), they shall only apply to the extent that they do not contradict the provisions of this Act. These AGB shall apply unless the Contracting Parties have explicitly agreed otherwise in writing. Conditions of the Buyer to the contrary of or deviating from these AGB are not recognized. These AGB of the Vendor shall also apply if the Vendor renders the delivery to the Buyer without reservation in the knowledge of contradictory conditions of the Buyer or conditions deviating from these Conditions of Delivery. Agreements made verbally or on the telephone by field or office staff shall require written confirmation from management in order to be effective. The subsequent regulations concerning the delivery of goods shall also apply analogously for other services provided by the Vendor. These AGB shall also be valid for future transactions with the Buyer.
Quotations of the Vendor are provisional and without obligation. If the buyer does not immediately object to the conditions contained therein upon receipt of the sales confirmation, then a buyer‘s order becomes legally effective as soon as the seller transmits the sales confirmation via email or fax. Beginning at an order quantity of 100 m², the order from the buyer has to be accomplished in writing via email or fax together with transmission of the construction schedule. The Vendor is entitled to accept an order within 4 weeks by sending an order confirmation. If the order confirmation of the Vendor contains changes compared to the verbal or written order, these changes shall apply as recognized by the Buyer if it does not object to them within 24 hours. The buyer must secure the seller‘s agreement if the former wishes to withdraw from the contract after the sales confirmation has become binding. Moreover, the buyer has to pay a cancellation fee in the amount of €100.00 on a net merchandise value of up to € 1,000.00 and a cancellation fee of 10% of the contract value on a greater net merchandise value. The cancellation fee is calculated separately. The seller is not entitled to a cash discount deduction when the cancellation fee is paid. Custom-made products cannot be cancelled in principle.
Unless specified otherwise in the order confirmation, prices shall apply ex works of the Vendor, duty unpaid, without packaging and without shipping. These are invoiced separately. As of an agreed net value of the goods, the deliveries shall be understood as being free to the address of the Buyer, but excluding any unloading or carrying. Express deliveries by rail and parcel service deliveries shall always be at the expense of the Buyer. Orders with a net order value of less than € 150.00 (excl. VAT) shall be furnished with a minor invoices surcharge of € 5.00. All prices are referred to at the time of the order confirmation and only apply, unless a separate written agreement is in place, to the quantities contained in the order confirmation. The Vendor reserves the right to increase the prices by a reasonable extent if costs increase after conclusion of the Contract, particularly due to the collective agreements or increases in the prices of materials. In the event that the Contract is concluded without a price being set, the sales price valid on the day of the delivery shall be invoiced. The statutory value added tax is not included in the price. This shall be indicated separately in the invoice at the legal rate on the day of invoicing. The Vendor is also entitled to transmit invoices to the Buyer in electronic form. The Buyer explicitly declares that it agrees to the transmission of invoices in electronic form by the Vendor. Unless specified otherwise in the order confirmation, invoices shall become due for payment without deduction at the time of delivery, but at the time of invoicing from the invoice date at the latest. In the case of special designs, the good is to be paid for in advance, and the Vendor is then only obligated to begin production when the purchase price has been received in full. If non-payment is not made after 8 days have passed since the order confirmation, the Vendor is no longer bound by the order. The Vendor is entitled to demand advance payments or a guarantee of the payment if doubts exist as to the willingness or ability of the Buyer to make the payment. Payments by bill or cheque are not accepted by the Vendor. If a plurality of accounts receivable exists, then the payments of the Buyer shall each be credited to the oldest account receivable. If outstanding debts have been transferred for pursuit externally (by a debt collection agency or lawyer), then any payments received shall firstly be used to cover any possible ancillary costs associated with the pursuit of the debt (default interest, dunning, debt collection and other charges). Remaining amounts shall be credited to the oldest accounts receivable for deliveries and services. The Buyer shall only be entitled to discounts if these have been explicitly agreed in writing. If there are any discountable invoices on the basis of a separate agreement, deductions for discounts shall only be accepted if payment is made within the set period, if the deductions conform to the agreement, and the Vendor has no other outstanding accounts receivable from the Buyer. The Buyer shall not be entitled to withhold payments due to warranty claims or other counter-claims not recognized by the Vendor. If the Buyer defaults on an agreed payment or other performance, the Vendor shall be entitled to insist upon fulfillment of the Contract, and to postpone performance of its own obligations until the outstanding payments have been made or other performance has been made, apply a reasonable extension of the date for delivery, demand payment in full of the outstanding purchase price, as of the due date, demand default interest in the amount of 8% above the primary rate of the Austrian banks, and demand reimbursement of all costs incurred in obtaining performance (payment) from the Buyer, in particular the costs of a debt collection agency or lawyer’s fees, or, after granting a reasonable additional period, withdraw from the Contract.
If the Vendor demands payment in full of the outstanding purchase price due to default of payment, and if the Buyer nevertheless fails to make payment of this debt or render other performance, then the Vendor shall be entitled to withdraw from the Contract by giving written notification. In this event, the Buyer shall be obliged, at the Vendor‘s request, to return to the Vendor any goods that have already been delivered and to reimburse to him the incurred depreciation in value of the goods, and reimburse to him all expenses incurred by the Vendor in executing the Contract. In addition to this, the Vendor shall charge a handling fee of 10% of the net order value. In the event that no goods have been delivered, the Vendor shall be entitled to provide the finished or partially finished parts to the Buyer and demand payment of the appropriate proportion of the purchase price for doing so.
The Vendor shall retain title to the object of purchase until the Buyer has completely fulfilled all of his obligations, including any interest, expenses and costs. In the event that the object of purchase is seized or otherwise attached, the Buyer shall be expected to assert the Vendor’s title and to notify the Vendor immediately in writing. The Buyer shall be entitled to resell the object of purchase in the due course of business. In the event that the goods are resold, however, the Buyer shall be obliged to retain title to the purchase goods until payment in full has been made. At this point, the Buyer shall assign to the Vendor the amount receivable from his customer up to the amount of the still outstanding purchase price. The Buyer undertakes, on the one hand, to notify his customers immediately in writing of this assignment upon conclusion of the resale and, on the other hand, to notify the Vendor of the name and address of the customer and of the amount of his account receivable from the customer. The Vendor shall be entitled to avail himself of the assignment at any time and to collect the debt himself. The Buyer undertakes to treat the object of purchase carefully and to insure it sufficiently at replacement value at his own expense against damage caused by fi re, water and theft. Executeing or transformation of the purchase object by the Buyer shall always be performed for the Vendor. If the purchase object is executeed together with other objects that do not belong to the Vendor, the Vendor shall acquire co-ownership of the new object in proportion of the value of the purchase object to the other executeed objects at the time of executeing. The same shall apply to the object created by executeing as applies to the objects of purchase delivered with reservation of title. We explicitly state that executeed goods also remain our property until they have been paid for.
Unless otherwise agreed, the periods for delivery shall apply ex works, be non-binding, and begin on the latest of the following dates: date of order confirmation; date of fulfilling all of the technical, commercial and financial conditions incumbent on the Buyer; date at which the Vendor receives a down payment to be paid before delivery of the goods or a letter of credit is opened. If there is no fixed delivery date for a binding order, then the seller has the right to draw on the currently warehoused merchandise for contracts with fixed delivery dates. Shipping takes place at the risk and the cost of the Buyer. The Vendor reserves the right to choose the nature and route of the shipping, excluding any liability. The Vendor is entitled to make part-deliveries as long as nothing to the contrary is explicitly agreed. The Buyer is obliged to accept part-deliveries and to pay within the framework of the agreed payment conditions. The Buyer must check the delivery immediately upon handover, although within 3 working days at the latest. The Buyer loses the right to invoke a failure of the delivery to comply with the Contract if it neglects to inspect the delivery or if it does not point out the failure to conform in writing, defining the details precisely, immediately after the time at which it could have recognized the failure by means of an ordinary inspection. Externally recognizable transport damage is to be pointed out immediately upon receipt, and the Vendor notified of the nature and extent of this damage immediately in writing. On site, the Buyer is obligated to Notes down the details of the nature and extent of the transport damage on the freight document or delivery Notes.
If shipment is delayed at the buyer‘s request, then he will be billed for the costs of storage accrued during storage in the amount of € 0.90/m2/month (with full pallets) or € 1.90/m2/month (with partial pallets) starting four weeks after notification of readiness to deliver. The storage fee is calculated separately. The seller is not entitled to a cash discount deduction when the storage fee is paid.
After the setting and fruitless expiry of a four-week period, the seller is also entitled to otherwise access the delivery item and to deliver to the buyer with an appropriately extended period. The seller is furthermore also entitled to withdraw from the contract after the setting and fruitless expiry of a reasonable period, especially when
If the buyer agrees to a price adjustment in terms of the new price list, then the seller has the right to refrain from withdrawing from the contract.
In the event of later amendments to the Contract which could influence the time of delivery, the time of delivery is to be extended reasonably, unless this impacts special agreements relating to this time of delivery. If delivery is delayed due to the occurrence of unforeseen, extraordinary circumstances (interruption of operations, official action, war, blockade, riot, delay in delivery of essential raw and construction material, energy supply difficulties or force majeure, for example), regardless of whether these have occurred at the Vendor or a supplier, the delivery period shall be extended, if delivery or performance does not become impossible, by a reasonable period. If delivery or performance is rendered impossible by the aforementioned circumstances, the Vendor shall be released from the obligation to deliver. These provisions shall also apply in the event of strike or lockout. If, in this event, the delivery period is extended or the Vendor is released from the obligation to deliver, the buyer shall not be entitled to derive any claims for damages herefrom. If the obstruction persists longer than three months, the Buyer shall be entitled, after granting a reasonable additional period, to withdraw from the as yet unfulfilled part of the Contract. If the Vendor is guilty of a delay in delivery, the Buyer shall be entitled to demand performance or, after granting a reasonable additional period for delivery, to declare that it is withdrawing from the Contract. If the additional period granted by the Buyer is not observed due to the fault of the Vendor, the Buyer shall be entitled to withdraw from the Contract with regard to all as yet undelivered goods and all delivered goods that cannot be used appropriately alone and without the undelivered goods by giving written notification. In this event, the Buyer shall be entitled to reimbursement of payments made for the undelivered goods or for the unusable goods and, if the delay in delivery is due to gross negligence on the part of the Vendor, to reimbursement of justified expenses which it had to make until the annulment of the Contract and for the execution thereof. The Buyer shall be obliged to return any delivered and unusable goods to the Vendor. Other claims of the Buyer vis-à-vis the Vendor due to the Vendor‘s delay in delivery, particularly claims for damages due to non-performance, shall be explicitly excluded. If the Buyer fails to accept the goods delivered under the Contract at the place and time agreed in the Contract, the Vendor shall be entitled to demand performance or, after granting a period for acceptance, to withdraw from the contract. In this event, the Vendor shall be entitled to demand the damages incurred by it, including any additional expenses, from the Buyer. In this event, the risk of accidental perishing or accidental deterioration of the purchase goods shall pass to the Buyer at the date at which the Buyer fails to accept delivery. The Vendor shall be entitled to make partial and advance deliveries. We draw attention to the fact that our deliveries take place in compliance with the terms of business of our company exclusively; no regulations to the contrary whatsoever can be accepted. Should you not agree with this procedure, you have the option to cancel your order within 3 days after the purchase order date. After this time limit has expired, the order becomes binding.
Returns shall only be accepted within eight weeks as of the date of invoice. No returns shall be accepted after this date! Sales promotion products, special products and custom-made products may not generally be returned. Only faultless goods in undamaged original packaging shall be accepted as returns. Up to a net invoice value of goods of € 500.00, a € 50.00 handling charge shall be invoiced; beyond this, the handling charge shall be 10%. The sender shall always bear the shipping costs of return delivery.
In accordance with the following provisions, the Vendor shall give warranty for any faults impairing merchantability that are due to a fault in design, material or workmanship. Deviations in measurement and quality are admissible within the framework of the norms agreed or those in place in the country of the Vendor. No warranty is given for production- or materials-related deviations in colour nuances or grading of the good. This also applies to models of the good which are described as lower quality, such as “Secunda”, for example, when warranty is also excluded. The warranty obligation shall only exist for such faults that occur during a period of twenty-four months (warranty period) as of the date of passing of risk or, in the case of delivery with installation, as of the completion of assembly. The Buyer undertakes to notify any apparent faults detected at acceptance immediately in writing, describing the nature and extent of these faults in detail, and to have such faults confirmed by the deliverer. The invoice for the reclaimed delivery is to be presented to the Vendor. The following periods for complaints shall apply in the event of undamaged packaging but damaged contents: postal and parcel services, twenty-four hours as of acceptance; shipping companies and rail, seven days as of acceptance. In these cases, too, faults must be notified in writing, giving details of the nature and extent of the faults, and the invoice for the reclaimed delivery is to be presented. If the above periods for notification are not observed, the shipping company shall not be liable for damages. In the event of a complaint, the Buyer shall also be obliged to first accept the goods and to unload and store the goods with due care and at his own risk and cost. If the faults are to be remedied by the Vendor, the Vendor shall be obliged, at his option, to either remedy the faulty goods on site, have the faulty goods or the faulty parts returned for rectification, or replace the faulty parts. Rectification of faults shall not extend the warranty period. If the Vendor has the faulty goods or parts returned for rectification or replacement, the Buyer shall assume the costs and risk of shipment, unless otherwise agreed in writing. Return of the rectified or replaced goods or parts to the Buyer shall be at the Vendor‘s cost and risk, unless otherwise agreed. The faulty goods or parts replaced in accordance with this section shall be available to the Vendor. The Vendor shall only assume the costs of rectification of faults per-formed by the Buyer himself if he has given his consent hereto in writing. The Vendor shall only give warranty for such faults that occur under the agreed operating conditions and in the normal course of use. It shall not give warranty for any faults that occur due to incorrect set-up by the Buyer or its authorized representative, incorrect maintenance, incorrect repairs or repairs performed without the Vendor‘s written consent, or changes made by third parties, or due to normal wear and tear. The Vendor shall only give warranty for parts of the goods that he has purchased from third parties to the extent of the warranty claims due to him vis-à-vis the sub-contractor. If the Vendor manufactures goods on the basis of the Buyer‘s construction specifications, drawings or models, the Vendor‘s liability shall not include the correctness of the design, but rather the fact that execution of the goods was performed to the Buyer‘s specifications. In such cases, the Buyer undertakes to indemnify the Vendor against any violation of industrial property rights. The Vendor shall not give warranty for the acceptance of repair jobs in the event of modifications or conversions of all goods, including third-party goods, or in the event of delivery of used goods. Unless otherwise deriving from these provisions, all further claims by the Buyer, on whatever legal grounds, shall be excluded. The Vendor shall hence not be liable for any damage that is not incurred on the delivered goods themselves, also, particularly, not for loss of profit or other pecuniary loss of the Buyer. In any case, all warranty claims shall be limited to the purchase price to be paid by the Buyer. As of commencement of warranty, the Vendor shall assume no liability exceeding the liability specified in this section. He shall also not be liable for any faults originating before the date of the passing of risk. The object of purchase shall only offer the safety that may be expected on the basis of approval regulations, operating instructions, Vendor instructions concerning handling of the object of purchase, particularly with regard to any prescribed inspections and other instructions provided.
Unless otherwise deriving from the aforesaid, all claims for damages vis-à-vis the Vendor shall be excluded without regard for the legal nature of the claim asserted. This exclusion shall hence apply in particular to all claims for damages for injuries to persons, damage to property that is not the object of the Contract, other damage or loss of profit, unless the circumstances of the individual case prove gross negligence on the part of the Vendor. Liability for damages resulting from the Product Liability Act and product liability claims that may be derived from other provisions shall be explicitly excluded.
Plans, drawings and other documents of a similar nature, as well as brochures, catalogues, patterns and the same remain the intellectual property of the Vendor. Any utilization or duplication shall require the explicit written consent of the Vendor. In the event of their utilization without consent, the Vendor is entitled to assert a compensation fee equal to 25% of the estimated sum.
The venue for all disputes arising out of or in connection with this Contract is Graz. The place of delivery and payment shall be the Vendor‘s registered office, also if delivery takes place, as agreed, at a different place. The contractual relationship is subject to Austrian law, with the exception of the UNCITRAL uniform law on sale of goods (Convention on Contracts for the International Sale of Goods of 11.04.1980), whose validity is explicitly excluded.
The Buyer hereby gives its consent to its data being stored and executeed by the Vendor in electronic form. Furthermore, the Buyer declares that it consents to an enquiry being made to the Trade Credit Database (“Warenkreditevidenz der Creditreform”) or another appropriate information office. The Buyer also consents, in the event of a delay in its payment, to all its data at the Warenkreditevidenz being transmitted and made available to third parties by the Warenkreditevidenz.
If a provision of these AGB is declared void or legally ineffective, the remaining provisions shall remain unaffected by this, and are to be interpreted as if the Contract had been concluded without the invalid provision. The same applies to loopholes in the Contract. Any controversies relating to fulfillment of this Contract do not entitle the Buyer to suspend or delay due payments. The Buyer may only assign its rights arising out of the Contract after gaining the written consent of the Vendor.
All previous AGB hereby cease to be valid.
The following terms and conditions shall apply to all purchase orders of all companies of the Weitzer Holding Group. Deviating provisions e.g. from previous order confi rmations or General Business Terms and Conditions of the supplier, among others shall only be binding for us if they have been explicitly confirmed by us in writing as a supplement to the Terms of Purchase.
1.1 The legal relationships to our suppliers are oriented to these Terms of Purchase. Contrary terms and conditions of the contractual partner shall not apply with the execution of the contract either, even if we have not explicitly objected to such terms and conditions. These General Terms of Purchase shall apply to all companies of the Weitzer Holding Group.
2.1 Each request for the submission of an offer, price enquiries, etc. by Weitzer Parkett is without obligation and non-binding. These will not automatically lead to the conclusion of a contract.
2.2 The supplier cannot refer to incomplete or other inaccurate enquiry documents with the acceptance of the order. With the submission of the offer the supplier explicitly declares that it has checked its own offer, declares it to be binding and can deliver the enquired articles in full.
2.3 The offer of the supplier shall include all costs that are necessary for the provision of the delivery/service such as, for example, packaging, ARA, transport among others. If these costs do not appear on the offer or the order confirmation then these costs shall be deemed as included and may not be settled separately.
2.4 No costs of any kind whatsoever may be incurred to us by the submission of offers to us. Not even if we place an order at the supplier following said offers.
2.5 A forwarding of the orders/applications or all information to third parties is only permitted with the prior and explicit written consent of Weitzer Parkett. Infringements shall entitle Weitzer Parkett to cancel the order immediately and to assert claims for damages. This shall not apply in case of unavoidable orders of primary materials, standard or special parts.
3.1 Orders will only have a legally binding character if they are placed by the purchasing department of Weitzer Parkett. This shall also apply to all changes and supplementations. All orders shall be placed in writing by e-mail.
3.2 Oral or telephone orders or agreements shall only be binding for us if they are subsequently confirmed by us in writing.
3.3 An order shall be deemed as accepted if it is either not objected to in writing within 3 days beginning from the despatch or if the execution is started. Until the time of the order acceptance Weitzer Parkett is entitled to revoke the order without substantiation.
3.4 Our order number, an orderer (name of the person), articles together with description, the order position as well as a cost center/project number are to be cited in all written documents relating to the order, such as delivery note, invoices, etc.
3.5 Delays in delivery and possible amendments to contract must be announced without delay.
3.6 The Terms of Purchase shall become contents of the contract by the order confirmation. Irrespective there of Weitzer Parkett reserves the right to revoke the order for the event of thenon-hand-over within the deadline, of 3 workdays, of the acceptance.
3.7 All order confirmations are to be sent to the following address: email@example.com
4.1 All prices agreed in writing are fixed prices and are deemed without value added tax. The prices are further deemed free place of destination, unless otherwise agreed. The supplier shall accordingly bear the risk and the costs of the transfer to the destination address.
4.2 Future changes to prices are to be announced in time in advance together with the substantiation. Already placed orders are, in any case, to be carried out at the old prices until an agreement is reached.
4.3 If prices and conditions are not stated by us, but are announced by the supplier, then they shall only become binding for us by our explicit written acceptance.
4.4 In so far as no other agreements have been reached, payments are to be made, after receiptand maturity of the invoice, within 14 days with the deduction of 3% cash discount or within 60 days net. The respective term of payment will be determined by Weitzer Parkett. The payment deadline shall begin to run with the receipt of the invoice, if the goods delivery or the provision of the service has been carried out in full and free of defects and all necessary documents have been received. In case of incorrectly issued invoices or with complaints regarding prices and quality the payment deadline will only start with the receipt of the credit note.
5.1 The delivery or service deadline shown in the acceptance is binding and shall begin to run with the receipt of the accepted order confirmation by the supplier. If no deadline is agreed the goods are to be delivered or the service provided without delay.
5.2 A delivery or service before the agreed date is only permitted with the explicit consent of Weitzer Parkett. Weitzer Parkett may not suffer any disadvantage from such a delivery or service; in particular the payment deadline shall not begin to run before the agreed delivery date.
5.3 The supplier is not entitled to withhold or discontinue its services.
5.4 A foreseeable delay in delivery is to be announced to us immediately, by stating the reasons. Weitzer Parkett reserves the right, in case of a delay in delivery, by adhering to a reasonable extended deadline to refuse the late delivery and to cancel our order in full or in part without the supplier being entitled to damages. The other statutory rights to which we are entitled, including the claim for damages, will not be affected hereby. The assertion of higher damages which we suffer hereby shall also remain unaffected.
5.5 If a fixed term deal was agreed the necessity to set an extended deadline shall cease to apply.
5.6 Suppliers, which act as intermediaries with a legal transaction concluded with Weitzer Parkett, shall be liable for the proper fulfilment of the corresponding order.
6.1 The provision of the delivery or service as well as the shipment of the goods, together with the transfer of costs and risk, shall be carried out in line with the agreed delivery conditions. If no deviating delivery conditions have been agreed then deliveries shall be made DDP ( Duty Delivery Paid) pursuant to the INCOTERMS 2010 to the place of performance determined by Weitzer Parkett. Should no deviating contractual provisions have been agreed then the supplier shall thus, in particular bear the risk and the costs of the transport.
6.2 Should shipping regulations have been laid down by us these are to be precisely complied with by the supplier under its full liability. The supplier shall also bear the sole transport risk up to the place of destination in this case. The costs of transport insurance shall only be borne by Weitzer Parkett if it has been explicitly agreed.
6.3 Delivery notes are to be enclosed with each shipment, which are to be affixed to the parcelin a clearly visible position. Should this not be the case Weitzer Parkett shall be entitled to consider this as not accepted or to charge a flat rate in the amount of EUR 50.00 for the additional internal work.
6.4 Cash on delivery shipments will not be accepted by Weitzer Parkett.
6.5 The supplier shall be responsible for ensuring that its deliveries or services comply with the provisions of the Regulation (EC) No.1907/2006 concerning the registration, evaluation, authorisation and restriction of chemicals (“REACH Regulation”).
6.6 The goods shall be accepted at the following times:
Weitzer Parkett: (GPS: 47,132922; 15, 36823)
Parkett Company: (GPS: 47, 0785313; 16, 3215681)
If the supplier cannot deliver at the goods receiving times then it has to notify Weitzer Parkett without delay. The supplier shall not have any claims for damages whatsoever hereby.
(The supplementations 20 to 24 shall moreover apply to the delivery of timber)
7.1 As a deadline for complaints we reserve the right to 5 workdays from the day of delivery for processing.
7.2 If the supplier does not reply to us within 5 workdays from the announcement of the complaint it will be assumed that the proposal for the complaint is accepted.
7.3 Goods for which a complaint is made, which after agreement with the supplier will be collected and taken back by the supplier, are to be picked up from the delivery location within a maximum deadline of 4 weeks from the written agreement. After expiry of the deadline the goodswill be disposed of without prior information. Weitzer Parkett does not assume any responsibility for possible changes to quality during this period of time.
8.1 The supplier explicitly assures that the delivery or service will be provided in the contractually agreed quality and quantity and shall feature all explicitly required properties, characteristics and specifications. In addition, the delivery or service shall comply with the recognised rules of science, the status of technology, the applicable regulations in the fields of employee protection, the safety technology, the transport of hazardous substances, the handling of hazardous waste as well as applicable storage and operating regulations.
8.2 Weitzer Parkett will check the object of delivery or service for defects within a reasonable period of time after hand-over. Weitzer Parkett shall be entitled to the statutory warranty claims in full. The supplier explicitly waives the plea of the inappropriate, late report of defects.
8.3 The supplier shall be liable for the freedom of defects of the delivery or service irrespectiveof fault and over the entire period of liability. A liability of the supplier shall thus exist irrespective whether a defect had already existed at the time when the object of delivery or service washanded over or only appeared at a later time over the course of the period of liability insofar as the defect had existed upon hand-over already.
8.4 The deadline for the assertion is 2 years and shall begin to run with the proper hand-over of the object of delivery or service or the acceptance of the service by Weitzer Parkett. If an attempt at improvement is carried out by the supplier then the deadline shall begin to newly apply once again.
8.5 In case the object of delivery or service is defective Weitzer Parkett is entitled, at its own choice, to request improvement (free place of use) or exchange or a faultless new delivery of the object of delivery or service from the supplier.
8.6 With the delivery of false or faulty goods as well as with short falls in quantities we are at liberty either to cancel the order, by setting a reasonable final deadline, and to cover our requirements otherwise at the costs of the supplier. Weitzer Parkett is entitled to primarily request alternatively improvement or exchange from the supplier. Within the scope of the statutory provisions Weitzer Parkett is additionally entitled to a reduction in price or redhibition. The rightis explicitly reserved to claims for damages. The confirmation of the supplier’s delivery note shall not be deemed proof of the fact that the delivery complies with the conditions of Weitzer Parkett. Likewise, the payment shall neither represent the recognition of the appropriateness of the delivery, nor a waiver of the rights claimed by Weitzer Parkett.
9.1 Beyond the statutory warranty claims the supplier grants Weitzer Parkett guarantee for the fact that the delivery or service shall be carried out fault-free and in compliance with the contractual agreement. It guarantees that the delivery or service will be provided in the contractually agreed quality and quantity and shall feature all explicitly required properties, characteristics and specifications.
9.2 In addition, the delivery or service shall comply with the recognised rules of science, the status of technology, the applicable regulations in the fields of employee protection, the safety technology, the transport of hazardous substances, the handling of hazardous waste as well asapplicable storage and operating regulations.
9.3 The guarantee is granted to Weitzer Parkett for a period of 3 years from hand-over of the object.
10.1 Besides the claims based on the contractual and statutory warranty Weitzer Parkett shall reserve the right to assert damages for faulty delivery or service irrespective of fault owing tothe Product Liability Act [PHG].
10.2 Insofar as the cause of the damages lies in the supplier’s area of responsibility, it shall bearthe burden of proof for the fact that the damages were not caused by it or wear its fault. Weitzer Parkett shall merely bear the burden of proof for the existence of the damage and the causality.
10.3 The supplier shall assume all costs and expenses, including the costs of a possible assertion of rights or recall action in the aforementioned cases. Incidentally, the statutory provisions shall apply.
10.4 For the event that a claim is asserted against us owing to product liability or otherwise owing to defects or damages the supplier undertakes to indemnify us from such claims if and as faras the damage (defect) was caused by a fault of the object of contract delivered by the supplier.
11.1 Invoices have to comply with the statutory parts according to Section 11 UStG [Value AddedTax Act] and are to be sent to the following billing address without exception: firstname.lastname@example.org We accordingly request you to pay attention to the following invoice features: Points 1-7 are to be cited for small amount invoices (up to EUR 400.00 incl. VAT), for invoices of more than EUR 400.00 additionally points 8-11. In case of a gross invoice amount of more than EUR 10,000.00 point 12 is also to be cited.
11.2 Invoices, which do not have the respective features, which are obligatory by law, will be returned to the supplier and shall not be deemed as received. It is more over pointed out that the unloading and processing of the delivered goods may be delayed or interrupted if the associated invoices have not been issued correctly.
11.3 Disadvantages by incorrectly issued invoices must be reimbursed by the supplier.
12.1 The supplier is not entitled to refuse its delivery or other service within the meaning of Section 1052 ABGB [Austrian Civil Code]. With the existence of a faulty delivery Weitzer Parkett is entitled to withhold the payment from the contract until the full, fault-free provision. The supplier is only entitled to offset if its claim has been recognised by Weitzer Parkett in writing or has been declared final and binding.
12.2 The supplier has to report an impending insolvency or the opening of insolvency proceedings to Weitzer Parkett without delay.
13.1 The supplier is not entitled, without the prior written consent of Weitzer Parkett, to use trademarksor the corporate designation or in connection with products, services, acquisition, advertisingor publications to directly or indirectly make reference to Weitzer Parkett.
14.1 Weitzer Parkett reserves the right to resell or forward purchased goods or agreed prices to other component suppliers as well as to each company.
15.1 The employees of Weitzer Parkett and their family members may not accept any personal benefit from suppliers or interested parties. Offers of this kind could be understood as an attempt to influence the business relationships to the supplier.
16.1 The supplier guarantees that it has acquired all rights of third parties necessary in this respect in connection with its delivery and service and no rights of third parties shall be infringed by the delivery and service. The supplier shall indemnify and hold Weitzer Parkett harmless from disputes under intellectual law owing to rights of third parties, in particular disputes under patent law, copyright, trademark and design protection law in full and guarantees the unlimited use of the object of delivery and service.
16.2 Weitzer Parkett undertakes to give third party notice to the supplier in a lawsuit initiated against Weitzer Parkett. If the supplier does not enter into the proceedings to form a uniform party in the dispute with Weitzer Parkett, then Weitzer Parkett is entitled to recognise the action claim.
16.3 Samples, models, drawings, etc. shall remain, even if such aids were produced by the supplier at the costs of Weitzer Parkett, in the free ownership of Weitzer Parkett, which can be disposed over by Weitzer Parkett at all times. The statutory patent, originator or design protection will be claimed for documents, which were produced by Weitzer Parkett. These may neither be reproduced, nor made accessible to third parties. After the delivery or service has been carried out all stated documents are to be returned immediately. The supplier will be liable in full for all harmful consequences, which are suffered by the disregarding of this provision.
17.1 Events of force majeure, further interferences to operation of all kinds, industrial disputes with the workforce or lockouts and other causes and events, which cause a discontinuation or restrictionto the ongoing business of Weitzer Parkett, shall entitle Weitzer Parkett to postpone the fulfilment of assumed purchase obligations or to cancel the order in full or in part. Claims for damages cannot be derived from this situation.
18.1 The supplier undertakes to treat all non-obvious commercial or technical details, of which it becomes aware through the business relationship as a business secret and to maintain silence regarding such secrets.
18.2 The supplier is forbidden, without the prior written consent, from advertising with the business relationship to Weitzer Parkett.
19.1 Deemed as place of performance for the delivery and service is the place of destination as stated by Weitzer Parkett. Deemed as place of performance for the payment is Weiz.
19.2 Austrian law shall apply exclusively for all rights and obligations resulting from an order. The UN Convention on Contracts for the International Sale of Goods is explicitly excluded. It generally applies that the competent responsible court in Graz shall have jurisdiction for ruling in all legal disputes from a contract, upon which the General Terms of Purchase are based.
20.1 All agreements between Weitzer Parkett and the supplier shall require a written form. Oral collateral agreements are invalid. Changes and supplementations to these Terms of Purchaseare accordingly only valid if they are agreed in writing.
20.2 Should individual provisions of an individual contract or of these Terms of Purchase be invalid in full or in part or subsequently lose their legal validity the other provisions shall thus remain valid. The contractual partners undertake, in the event of the partial invalidity, to replace the invalid provisions by provisions, which shall as far as possible correspond with the purpose of the invalid provisions.
21.1 The following documents are to be sent for each delivery, before arrival of the goods at the respective delivery address:
All necessary documents are to be sent to the following e-mail address and the respectivelocation address: email@example.com
For deliveries to Weitzer Parkett: firstname.lastname@example.org
For deliveries to Parkett Company: email@example.com
21.2 Notification of despatch is to be given for timber deliveries one week in advance, respectively on the Thursday by 12:00 (noon). For each truck load a notification of despatch must contain the following details:
The acceptance of non-ordered articles or quantities, which do not correspond with the agreed delivery plan at the time of the notification of despatch, can be postponed or refused by Weitzer Parkett.
21.3 A consignment/a delivery note is to be created for each load and to be sent by e-mail to thee-mail addresses listed in Point 20.1. If a load consists of articles for both locations, two separate consignments notes are to be created (one each for the parcels of the respective location).
21.4 Loads, whose notifi cation of despatch/consignment note has not been sent to the associatedlocation, cannot be accepted.
22.1 The supplier assures that the delivered timber stems from uses, which comply with the respective valid statutory provisions. All necessary official approvals are available and can be proven.
22.2 The provisions of the EUTR (European Timber Regulation EU-Regulation 995/2010) shall apply to deliveries that are imported from third countries:
22.3 Deliveries from third countries will only be accepted by Weitzer Parkett if all required documents are available upon delivery and thus the entire supply chain can be presented by means of documents
22.4 The required documents must be sent before each delivery. The delivered goods will only be taken over and the invoice run released in case of proper goods and completeness of therequired documents.
23.1 If a truck load consists of parcels (pallets) for both locations these must be positioned on the vehicle, separately according to locations. No additional work should be caused hereby during the unloading of the truck.
23.2 If parcels for both locations are included in one load these can be unloaded at the location collectively, for which the majority share of the parcels is intended. This shall however apply for a maximum of 4 pallets.
23.3 Protection and labelling of the goods
23.3.1 The pallets must be delivered unmixed with regard to types (per pallet one type of timber, quality and dimension). In the event of the non-compliance the incurred sorting costs will be charged to the supplier.
23.3.2 The pallet set-up, the stacking and the numbers of units per pallet must comply with our current stacking plans.
23.3.3 The load must be secured so that no damages are caused to the loaded goods and a problem-free manipulation is guaranteed for Weitzer Parkett. Exclusively straps made of plastic may be used.
23.3.4 The individual pallets must be fitted with the designation of the article (quality) and the number of units per pallet.
23.3.5 The goods on each pallet must be treated on the front side with wood preservatives (except KD). Exclusively “WOOTEC” or a comparable agent is to be used for this purpose. “WOOTEC” can, upon request, also be procured through Weitzer Parkett. In the event of the non-application or improper use of the wood preservative EUR 10 will be deducted per m³ of the affected goods.
24.1 The following documents shall apply with regard to the compliance with the required quality:
a) Weitzer Parkett sorting regulations in the currently valid version
b) Weitzer Parkett stacking regulations in the currently valid version
c) Weitzer Parkett delivery plan
Should these regulations not be complied with, Weitzer Parkett reserves the right to deduct incurred costs for follow-up work from the invoice.