Sales, Delivery, and Payment - Terms and Conditions    


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