general sales and delivery terms ALB201-filtex AG
Following sales terms and delivery terms are valid for our offers, deliveries and other performances as well as for payments to us, also for shops in the future. Deviant purchase conditions of the buyer are obliging for us only if we confirm them expressly in writing.
All our offers are not binding. The offered prices and conditions are valid in the absence of other arrangements for the duration of 4 weeks from date of the offer. Nevertheless, we reserve ourselves, the right to sell to the offered goods meanwhile to others.
In case prices and data deviate from catalog or other prospectuses the data in our order confirmation are obligatory.
The specifications belonging to our offers, like illustrations, subscriptions, weight, dimension, performance specifications and life time, etc. are only approximate specifications. Construction details are subject to change. In quotations, subscriptions, illustrations and all other specifications we reserve ourselves the property right and copyright; they may be made to third neither accessibly, nor be used for their purposes. By abusive use we reserve ourselves the right to charge for at least 6% of the quotation price for our the project planning expenses.
2.Contract / acceptance of order
The act of sale comes about either by our explicit written confirmation of order or by the delivery of the ordered goods. That means the contract comes about not by signature of the sales representative, but only after our audit of the conditions and if necessary checking the credit rating. Commitments, changes and additions in spoken form, by telephone or fax or email etc. become only obliging for us if filtex AG confirms this in writing.
Correspondence by means of fax or e-mail fulfill the requirement of the written form for both shares. Should one of the cited conditions not be valid - for whatever reason - the validity of the remaining regulations is not touched. Contracts for recurring periodical shipments an services can be terminated by the end of the year however 8 weeks in advance in written form.
Samples which are not sent back within 8 weeks will be invoiced to the customer.
3.Price / terms of delivery
The net prices are valid from stock for our delivering office or the delivering plant. We reserve ourselves price changes as a result of general price rises and pay raises in ours or in the area of manufacturers or suppliers. Shipment is done due to of the valid prices at the day of the delivery. For orders with a net commodity value under 70,- euros a small amount surcharge of 36,- euros, is settled. The change of the exchange rate of foreign currencies or other factors, go to costs of the client, even if they enter or increase after contract conclusion.
Standard term is ex works. filtex organizes the fraight and charges to customer.
In every case a minimum packaging- commission fee of 11,8-€ is to be charged. The condition "ex works" means 11,8- € per packing. Maximum 8% of the net value.
Packaging is not taken back. Waste disposal costs for packaging material or for over delivery, bears the customer. To determine the conditions of delivery, INCITERMS should be used primarily.
Additional freight charges of 28-/pack for "express shipments within 24 hours" or "fixed delivery dates" or "cash on delivery".
If [pac]prices are aggreed but the customer places an order deviating in quantity from full package units, he price for this aricles will be 20% higher.
"delivered duty paid above 600.-DDP" or equal, this means charge for carriage will be calculated up from this value.
4.terms of payment
Our invoices are payable within 30 days net, provided that nothing was agreed the deviant. With aim excesses we are entitled to calculate interest at the rate of 5% about the short-term Euribor for the time of the day of maturity up to the payment entrance. Furthermore all expenses for reminding and the collection fees are to be paid like the main debt. The restraint of payments or the compensation with counterclaims denied by us are excluded. We are entitled to charge any time the demands which we have against the buyer. Part payment agreements have validity only as long as the buyer makes his payment in time. When disregarding we have the right to demand immediate payment. If the buyer does not follow the payment obligations or if a petition for bankruptcy or compensation ist made the, the whole rest debt becomes due. Also if in this respect runs an acceptance with a later maturity date. If the rest of the debt is not paid immediately, we are entitled to return the purchased goods completely.
If open invoices are in default to the 2nd reminder level, the payment terms will be changed to "14days net" in all current offers and orders or if already in the collection list to "pre-cash"
The dispatch follows "freight forward" to the address of delivery stated by the buyer.
Not orderd as a commission, can be sent in different shipments.
The danger goes over on the buyer, as soon as the object of delivery is handed over to the respective forwarder. In case of acceptance default we are entitled to charge for the commodity value and to store at the expenses of and danger of the buyer.
6. Delivery dates
The stated delivery deadlines are always valid as a roughly limited delivery time. Fixed delivery dates can be promised by us only in special cases and need a written confirmation. Delivery in advance can be up to 10 workdays. The delivery time runs from the final receipt of necessary specifications or technically and commercially data subject to the order. In case of non-observance of delivery deadline we are entitled to a post delivery deadline of at least one month. Delays in the delivery do not entitle the customer to withdraw from the contract or to require substitute or claims originating from it. In all cases in which to us the delivery or performance is not possible or not possible in time, for reasons of which we do not have to represent(contingency, force majeure, difficulties in the raw material purveyance, default of the supplies, operational disturbances, strike, lockouts, relation restrictions etc.) an appropriate post delivery deadline of at least two month is due to us. Nevertheless, we are entitled in these cases to withdraw from the contract.
It lies in the judgment of filter express to deliver, for example, for the protection of delivery dates, equivalent alternative products like in the order, or confirmation of order stated.
The consignee has to inform about defects of the product immediately and detailed after taking over the products, invisible defects must be reported when detected. specifies after their knowledge to reprimand. For all objects of purchase we provide only and in the extent guarantee as this of the concerning manufacturer's plants or suppliers is recognized on account of her guarantee commitments. Interventions on the purchase by one`s own hands leads to a loss of every guarantee claim, if the damage stands in causal connection with these changes. This is also valid if directive statements or servicing instructions are not obeyed. The buyer recognizes to know all appropriate prescriptions about the use of the object of purchase and makes all necessary arrangements to fulfill these prescriptions. Protective effects from this contract in favor of third are excluded.
8.Compensation – product liability
The object of purchase offers only that security which can be expected on the basis of norms, manuals, prescriptions or other tips of the seller about the treatment of the object of purchase – in particular in view of most common inspections.
The buyer renounces (excluded intention) expressly the assertion of compensation claims of every kind, in particular because of faults, non-fulfillment, delay in delivery or shortage secondary damages. Our liability according to the product liability law does not apply to damages to property of a commercial user.
Returns may follow only by our consent and to the conditions in particular cases agreed by us post-free and without cash on delivery. Returns of samples must be done within 8 Weeks after receive, unused an in original packing.
Returns of products, which we take back voluntarily and there is no fault on our side, we charge manipulation business expenses min. 30, - euro. In such case no credit advice follows for returns up to a net commodity value of 30, -euros (excluding VAT). The credit note is credited on future deliveries of goods. On returns the customer must note no. of delivery note and the invoice number. Only original packed products can be returned or be exchanged.
Special design or custom made products (not on stock) or products with individual measures are not taken back. Cancellations or share cancellations of an order are not possible. Should be agreed a contract abatement, the buyer takes note that he is thereby obliged to the payment of a cancelation fee of height of the occurred expenses, however, of at least 20% of the order sum. (min. amount 30€)
10.Reservation of title
The property right on the delivered products remains to us up to the entire payment of the purchase price incl. all costs . If the buyer pays with cheque or acceptance , the obligation is covered when these papers are cashed. We are entitled to assert this property right even by collection or by other disposal. We are entitled furthermore to use possible proceeds out of this disposal also for all other demands against the buyer.
The return of the object of purchase is no resignation of the contract. If there is accesses of third to the reservation product the buyer will point to our property and inform us immediately. mortgages, pledging or protective conveyances are inadmissible. Commercial sellers are entitled to resale. For the case of default of payment the buyer resigns his claim from the resale to us for collection.
Also the buyer resigns to us his own entitled claims concerning the reservation- products, from which legal argument ever (amend, enrichment, expenses substitute, balance claim, contract of insurance, etc.) and we accept all these assignments. When treatment of the reservation product the product goes over in our property.
When a new product is created by implementation of a product which stand in the property of third, ownership is entitled to us. In this case we have the choice to acquire the whole product recompensed the foreign interest or to leave them to the other against substitute of our interest. In this case the property goes over after receiving the full compensation amount. The objection of the limitation of our electoral law it is renounced. The buyer is obliged to insure of the delivered objects against fires and theft.
11.Know how protection
Detailed concepts / offers, plans or project subscriptions are our know how. This may not be transmitted to third parties, in particular to competitor, without written approval on our part. In case of abusive use we reserve ourselves the right to claim for compensation, at least, 6% of the offered price.
filtex AG obligates himself to treat customer data strictly confidential and only for internal use.
On the other hand the customer obligates himself to treat the overhanded documents and know how ( especially during a TFM total filter management optimisation project) strictly confidential and only for the internal use, stated in the project. It is not allowed to be used by third parties.
All documents remain in property of filtex AG and are to be returned on demand.
The design data of products such as specifications, applications or descriptions developed in the course of quotations and optimizations - which you can find in our docuents - remain the intellectual property of filtex and may in no case be passed on to third parties without written consent. In the event of misuse, 5 times the offered value will be invoiced and we reserve further claims.
12. Place of fulfillment and jufisdiction
Place of fulfillment for deliveries is the place of the delivering office or plant of delivery, place of fulfillment for payments is the seat of “filtex AG“ in all cases. For all differences an disputes from this contract the court for jurisdiction in A-6800 Feldkirch is agreed. Austrian right is to be applied completely, in any case, also concerning the way of the fulfillment and the measures to be met in case of defective fulfillment. The appliance of the United Nations Convention on Contracts for the International Sale of Goods CISG is excluded.
For buyers who are consumers in the sense of the consumer's protective law, these general sales terms and terms of delivery are valid in respect of the consumer's protective law. If shares of these regulations are invalid this does not touch the validity of the other points.
14. Processing of personal data
filtex and also the customer follow the applicable data protection regulations (DSGVO) in accordance with their respective roll and responsibility.
filtex confirms in particular only to use the data in mutual interest and business relation. The use of third parties is prohibited.