1. TERMS OF CONTRACT: We sell exclusively along the following
terms:
Only legal rules or stipulations, which cannot be excluded
due to party-agreements, take precedence over our terms
of contract. The possible nullity of some individual terms
does not affect the legal validity of the other terms. Terms
of purchase pronounced by the ordering customer are not
binding for us, also if we don't explicitly reject them.
2. PRICES: Our offers and prices remain principally without
engagement. Contracts require a written confirmation by
us in order to attain legal validity. We reserve the right,
in the case of small orders with a value of goods to be
delivered of less than 250 Euro for domestic, or 300 Euro
(or its equivalent in foreign currency) for international
orders, to bill an additional low volume charge of 30 Euro
for domestic, or 50 Euro (or its equivalent in foreign currency)
for international orders. All prices exclude VAT (value
added tax.)
3. DELIVERY: We deliver, unless otherwise agreed in writing
- freight free, including packaging and without insurance.
Palettes, unless explicitly indicated, do not count as part
of the packaging and are to be returned or otherwise subject
to additional payment; all sent out orders travel, upon
leaving the delivery facilities, unless otherwise agreed,
at the risk of the ordering client. Our indicated delivery
dates are subject to delivery ability; an exceeding of the
delivery date does not entitle the ordering customer to
withdraw from the contract or make claim for compensation.
We are entitled, to perform part-deliveries. We reserve
the right to make changes in our product range as well as
deliver minimally modified - with respect to our at the
time valid catalogue - goods, without notification of the
ordering client.
4. RIGHT OF PROTECTION FOR THIRD PERSONS: The ordering
client is liable and legally obliged to ensure that, upon
delivery of goods that were manufactured according to his/her
specifications, third persons aren't harmed.
5. CLAIMS / COMPLAINTS of any kind must follow in writing
within at most 8 days after receiving the goods. An acknowledgment
of the claim/complaint has no effect on our right to assert
and enforce the consequences of the delay of the claim /
complaint. In the case of reasonable claims / complaints
we offer, the choice being at our discretion, either a replacement
of the goods, a correction / improvement of the good, or
credit that is in any case limited to the maximum value
of the goods in questions. We are liable for damages only
in a case of intent or gross negligence. We are - in any
event - explicitly not liable for lost revenue, indirect
mediate damages, frustrated expenditures as well as any
other consequential damages. Any kind of compensatory claims
elapse after one year following the delivery of services.
Our representatives are only entitled to forward claims
or complaints. A claim / complaint against a part or the
entirety of the delivered goods, does not give the purchaser
the right to delay or default on the payment in part or
total. Reclamations which were caused by the transport of
filled files can not be considered as deficiency of the
mechanism.
6. INDUSTRY SPECIFIC CUSTOMARY TOLERANCES are at our discretion.
With all products (except “A” products), we
reserve the right to under – or over- supply the order
by +/- 10%. We reserve the right, in individual cases -
deviating from the stipulations of the ordering client -
to deliver the goods with our brand name and the sign "MADE
IN EUROPE". Individual samples of products from our
standard program we offer free of charge; samples that we
must produce in individual production we deliver against
a charge. We refer in detail to our updated newsletters
regarding our samples.
Tools, forms, models and drawings / plans remain - even
if the creation and manufacture was paid by the contracting
client - in our property.
7. RE-ACCEPTANCE OF WRONGLY ORDERED GOODS: Specially manufactured
goods cannot be taken back. Goods from our standard program
that were wrongly ordered by the ordering client are taken
back only when the client comes up with the costs of transportation
to and from our delivery facilities, as well as a processing
charge of 10 % of the value of the returned goods.
8. PAYMENT, IN THE ABSENCE OF ANY OTHER AGREEMENT: Our
invoices are - if not otherwise agreed in writing - to be
paid in full within 14 days of the date indicated on the
invoice. Bills of exchange or checks are only accepted for
payment purposes, the acceptance of bills of exchange takes
place only after prior written agreement that is subject
to a discounting possibility.
The acceptance of cheques with simultaneous creation of
a contingent liability (cheque – bill of exchange
payment) is only effected as conditional payment. The purchase
price claim only extinguishes upon the seller's release
from the accepted bill obligation.
Our representatives are authorized to undertake collections
only upon presentation of a written power of attorney. We
are entitled to request advance payment or sureties or to
rescind our participation in contracts already concluded
in the event that facts become know which may place in doubt
the credit standing of the buyer.
In the event that the buyer fails to make payment to us
or that cheque, bill protest or payment difficulties become
known, then all pending claims against the buyer on our
part will become due for payment, immediately and in full,
regardless of the payment conditions.
In the event of payment default we are authorized to charge
default interest of 6 % above the published EURIBOR (EURopean
InterBank Offered Rate for 1 month).
In the event that our claim is enforced by judicial or non-judicial
means, the debtor is required to pay all costs associated
with the party enforcing the claim.
9. PROPERTY PROVISO: The goods delivered by us to the purchaser
remain, until the full payment of the purchasing price including
all attendant costs, in our property.
While a bill is out-standing or running, the property proviso
applies to all goods delivered by us until the full payment
of the debit balance by the buyer. Therefore the property
proviso also applies to those goods that have already been
re-processed by the buyer.
Furthermore, our property proviso applies to all our delivered
goods until the complete satisfaction of any open demands
or claims resulting from all joint mutual legal transactions
with the buyer. The buyer is obliged to fulfil all necessary
formalities to the protection of the property proviso. Any
seizure of or collateral settlement involving the proviso
goods, to the benefit of third persons, is prohibited. In
the case of seizure due to insolvency or other claims on
the proviso goods by third persons, the buyer is bound to
assert our right of property and inform us immediately.
All future claims by the buyer resulting from the re-sale
of the goods delivered by us on the terms of the property
proviso, are under no circumstances to be relinquished to
third persons, and instead will be ceded by the buyer right
away, independent of whether the proviso goods will - without
or after further processing - be sold to one or more buyers.
The ceded claims serve as security in the amount of the
monetary value of the respective proviso goods delivered
to the insolvent buyer. So long as the buyer lives up to
his/her payment obligations, he/she can summon and process
the claims ceded to us him/herself.
From the moment that the buyer fails to fulfil his/her obligations
towards us in time, the aforementioned claims are ceded
to us for payment purposes. Upon our request, the debtors
of the buyer are to be immediately disclosed to us and informed
of the ceding of claims. The incoming payments settling
the buyer's claims that where ceded to us, constitute, in
the amount of the sold proviso property, a fiduciary good
that remains in the trust of the company, until the buyer
fulfils his/her payment obligations to us.
10. LOCATION OF EXECUTION AND COURT OF JURISDICTION: The
place of fulfilment for the mutual obligations resulting
from this contract is Vienna. Any quarrels resulting from-
or in connection with this contract fall within the jurisdiction
of either the Viennese Court for Trade and Commerce (Handelsgericht
Wien) or the Viennese District Court for Trade (Bezirksgericht
fuer Handelssachen Wien.) This contract is subject to Austrian
law, with the exception of the international Austrian Civil
Law. The application of provisions of the UN agreement on
contracts regarding the international sale of goods (UN
sales law) and comparable international agreements, is effectively
excluded.
11. The contents of the website are subject to change. We
reserve the
right to modify the contents anytime.
11. Bank info:
Erste Bank der österreichischen Sparkassen AG
BLZ: 20111
Kto: 02943182
BIC: GIBAATWW
IBAN: AT41 20 11 10 00 02 94 31 82
Ring Alliance Ringbuchtechnik GmbH
Guglgasse 15/4B/6.OG, 1110 Wien, AUSTRIA
Tel. +43 (0) 1 866 81-0 FAX +43 (0) 1 866
81-398