Terms of Service

Terrms of Service of 
T.F.M. Technologie für Metallbearbeitung GmbH 4050 Traun, Ganglgutstraße 87b

1. General:

For all deliveries and services, our terms of delivery and payment apply. We can not recognize deviating regulations of the customer, even if we do not expressly contradict them.

2. Price:

All our prices according to written, verbal or telephone offer are non-binding. We are bound by the above prices for 3 months from the conclusion of the contract. If the delivery is made as agreed or for the sake of our customer after this period, we shall be entitled to increase the prices stated in our order confirmations accordingly if we make a general price increase as a result of the increase in our cost factors (eg cost prices, etc.). All prices are without VAT. They only apply within the Republic of Austria. When initiating insolvency proceedings over the assets of the partner, we are released from the fulfillment of the order or order remainders in any case.

3. Delivery:

The agreed delivery time is only to be considered as approximate in the absence of an agreement to the contrary. If this delivery time is exceeded by more than 2 weeks, our customer has the right to set us a reasonable period of grace and to withdraw from the contract or to demand fulfillment after expiration of this period. In the case of delayed delivery, our customer is not entitled to claim compensation if we or our bodies have acted with slight negligence. Packaging material will be charged and not taken back. For palletized delivered goods, we charge one pallet insert each, which we will refund in full after the pallets have been returned to our warehouse in perfect condition.

4. Delivery time:

• 1. Mangels abweichender Vereinbarung beginnt die Lieferfrist mit dem spätesten der nachstehenden Zeitpunkte:
  a. Date of the order confirmation 
• b. Date on which the client has transferred the agreed payment
• c. after definitive clarification of the design of the system
• d. after fulfillment of all agreed technical and structural conditions, which are the responsibility of the purchaser and which are necessary for the delivery or commencement of assembly
• 2. If, on request of the purchaser, changes in the execution are required, which require additional deliveries, then not only these additional costs will be charged separately according to the actual material or time required; It extends this additional service according to the agreed delivery or completion deadline.
• 3. The delivery period is fulfilled when the system is ready for operation. If a trial run is possible later on through no fault of the supplier, the resulting additional costs will be invoiced separately.
• 4. Disabilities such as strikes, breakdowns or similar circumstances beyond fault, which preclude timely and appropriate delivery and execution, release the supplier without claiming damages of the purchaser of compliance with the delivery deadline, without giving up the transactionn.

5. Shipment:

Shipping is always at the risk of the buyer. For timely arrival of the shipment, we assume no liability. For rail shipments, the price quoted is ex works or ex warehouse.

6. Payment:

Unless otherwise agreed, the payment of our delivery is due immediately upon receipt of the invoice. Payments in bills of exchange or checks must be expressly agreed and shall only be deemed fulfilled upon the irrevocable redemption. Without prejudice to any intended use, incoming payments are primarily used to cover generally incidental costs immediately due (arrears and bill discount interest, dunning, collection and other expenses, etc.). Remaining balances are credited to the oldest receivables for deliveries or services. Discountable invoices can only be treated as such if they are settled within the time allowed, if the deductions made correspond to the agreement made and there are no other due dates. In the event of late payment default interest in the amount of at least 8% above the relevant discount rate of the Austrian National Bank will be charged. In the event of the initiation of legal proceedings for late payment, assertion of the purchase price, compensation or bankruptcy, etc., for all individual claims, a delivery deadline occurs and the discounts, other discounts or reimbursements agreed upon in the invoices as well as subsequent credits - with the exception of rail freight reimbursement - become invalid.

7. Quality, Warranty und Damages:

We guarantee the quality of the products supplied by us only in accordance with the Austrian standard. In order to decide on the quality of the delivered products, certificates from the responsible, officially recognized test centers are to be used. All claims beyond that, in particular due to manufacturing defects, improper storage etc. are excluded. If we are legally obliged to provide warranty, we can exempt ourselves from the claims of our customer for cancellation of the contract or reasonable price reduction, that we exchange the defective goods for good within a reasonable period of time. Our customer is not entitled to assert claims for damages against us because of incorrect delivery, quality defect, delay in delivery, withdrawal of contract and the like, unless we are responsible for an intentional or grossly negligent cause of the damage.

8. Reclamantions:

Complaints of any kind can only be considered if they are brought to our attention within three days of the arrival of the consignment at their destination and officially confirmed on rail shipments. Even in the case of a complaint, the buyer is obliged to accept the goods first, properly unload and store. Condition for the complaint is that the goods are still at the place and in the state of delivery. In case of justified complaint, a reduction of the purchase price, conversion of the contract or replacement delivery comes into question. In addition, claims for damages of the buyer are excluded.

9.Returns and exchanges:

For returns or exchanges that have been agreed separately, we charge a processing fee. Any resulting transport costs will also be charged - justified factory complaints or incorrect deliveries on our part are excluded.

10. Breakages:

The dispatch takes place in all cases on danger of the orderer, also with freight-free delivery. In the event of collection by the buyer, the risk of accidental loss or damage is borne by the customer from the time the goods are made available. Insurance against the risk of breakage can be taken out by the customer.

11. § 3 Retention of title

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  1. The object of purchase or the goods remains our property until full payment of the purchase price and all associated costs and expenses.
• 2. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at its own expense. The customer must immediately inform us in writing of any access by third parties to the goods, in particular of foreclosure measures, as well as of any damage or destruction of the goods. A change of ownership of the goods as well as the own address change has and the customer to announce immediately. The customer must compensate us for all damages and costs that result from a breach of these obligations and from necessary intervention measures against third party access to the goods.
• 3. We are entitled, in case of breach of contract by the customer, in the case of even partial default in payment, to withdraw from the contract and to collect the goods without the consent of the buyer. In addition, we are entitled, in case of breach of an obligation according to para. 2 withdraw from the contract and to reclaim the goods if adherence to the contract can no longer be expected.
• 4. The entrepreneur is entitled to resell the goods in the ordinary course of business. He now assigns to us all claims in the amount of the invoice amount, which accrue to him through the resale against a third party and undertakes to affix a corresponding note in his books or on his invoices. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default of payment.
• 5. The processing and processing of the goods by the entrepreneur always takes place in the name and on behalf of us. If the goods are processed, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other objects not belonging to us.

12. Place of jurisdiction:

• 1. The place of jurisdiction for all disputes arising directly or indirectly from the contract is the relevant court at the head office of the seller.
• 2. The contract is subject to Austrian law.

13. Data storage:

We are entitled to exploit and store the personal data of the customer.