General Terms and Conditions of Purchase
General Terms and Conditions of Purchase of EKRO Bausystem GmbH
All orders are placed exclusively on the basis of our general terms and conditions of purchase. Any contrary provisions of the supplier or deviations from these provisions only ever come into effect in individual cases if we have recognised them expressly in writing. They then apply to this concrete business case only. Under no circumstances should lack of a reply on our part to documents sent to us, such as supplier confirmations, delivery notes, invoices, etc., for example, be considered as our acceptance of contrary provisions. Our general terms and conditions of purchase also apply to all subsequent business.
Orders that are placed in writing or on the telephone are effective; however, they always require the written confirmation of the supplier without delay. In all cases, delivery to us/carrying out our order/performing the service, is considered to be complete acknowledgement by the supplier of our general terms and conditions of purchase.
- PLACE OF PERFORMANCE
This is the orderer’s company headquarters, unloaded free warehouse (goods receiving point) or according to the orderer’s purchase order.
The specification of the product/service is defined in the order. It may only be modified with the written approval of the orderer. If the specification of the product/service is unclear or non-existent, the supplier is obliged to consult with the orderer in writing. Models, samples and any other specification documents remain our property and any and all use by third parties is prohibited.
- CONTRACTUAL COMMITMENT
Major breaches of the contractual commitment by the supplier, which result in serious disadvantages for the orderer, entitle the orderer to terminate the order without granting a grace period and claiming for damages.
The delivery dates stated in the order are fixed dates. In the case of delayed deliveries, the orderer is authorised
- to withdraw partially or completely from the contract at any time without setting a grace period,
- to cover their requirements somewhere else. The defaulting supplier bears the additional costs
- in the absence of any proof of fault or damage a contractual penalty amounting to 0.5% of the value of the goods or services per day of the delivery delay will be charged.
The orderer exclusively shall decide the procedure in each case.
- RIGHT OF CANCELLATION
The orderer is authorised to withdraw from the contract up to delivery with compensation for the verified costs that have actually accrued.
- INSPECTION OBLIGATIONS AND TRANSFER
Goods and services are transferred conditionally. Application of § 377 of the Austrian Commercial Code (Notification of Defects) will be cancelled by mutual agreement. Our payment does not mean that we accept the goods unconditionally. The supplier guarantees that the condition and execution of their services/deliveries are flawless and correct, that the order meets both the legal and official regulations that apply at the place of performance, the orderer’s standards, the relevant ordinances, guidelines and standards as well as typical and recognised regulations and the state of the art. The supplier also guarantees compliance with their own warranty obligations. The supplier is responsible for checking that the legislation, ordinances, guidelines and standards that apply after the order are suitable and up-to-date.
The warranty period is 24 months dating from complete delivery or commissioning. In the case of replacement deliveries or amendments, this period starts again. Defects are also considered to be not achieving assured/verified qualities/services. If defects occur during the warranty period, the supplier is obliged at our option to replace the default or to correct it free of charge or to reduce the price. Alternatively, we have the right of commutation. The supplier is liable to us for any and all disadvantages and damages resulting from the deficient delivery/performance; this applies in particular to consequential damages and loss of profits. There is no limit on the amount of claims for compensation. Exclusions or limitations of liability for faulty or defective performances or consequential damages are ineffective. The supplier is also liable for minor negligence. Complaints can be asserted in court within two years from the end of the warranty period.
- DELIVERY DOCUMENTS
Our order number must be on the delivery note and the invoice. If this is not the case, we will not accept the goods or the invoice will be returned to the supplier for our credit.
Submission of accounts must be carried out in accordance with the formal requirements of the Austrian Value Added Tax Act. We will not process invoices that do not comply with the Austrian Value Added Tax Act and will consider them as not having been submitted.
The payment period begins after reception of the delivery or invoice depending on which one arrives later. This applies to net payments as well as to cash discount payments.
- PROHIBITION OF ASSIGNMENT
The supplier may only ever assign their receivable to third parties with the express approval of EKRO Kronsteiner GmbH.
- PROTECTED TRADEMARKS
All names, trademarks and logos of the orderer or an associated company or firm are protected by copyright, trademark or other protective rights and must not be used in a business context by third parties without the previous written permission of the copyright holder. In particular, they must not be used in communications material of the supplier, e.g. in press releases, brochures or advertising without the previous written permission of the orderer’s business management.
- COURT OF JURISDICTION
The court of jurisdiction is at Leoben.
- APPLICABLE LAW
The law of the Republic of Austria as applicable to Austrian citizens applies exclusively. UN Sales Law is excluded.
If there are inconsistencies between the General Terms and Conditions of Purchase and the order, the order has priority. If any of the individual provisions of these General Terms and Conditions of Purchase are or become legally ineffective or unenforceable, this shall not affect the validity of the remaining provisions.