General Terms and Conditions
1. General conditions
Our deliveries are made exclusively under the following conditions. The purchaser's conditions of purchase are hereby contradicted. They do not oblige us even if we do not object again when concluding the contract. Agreements that deviate from the terms of delivery and payment listed below require our written confirmation to be legally effective.
2. Prices
All prices quoted by us are non-binding. They are net plus the applicable value added tax, but without unloading. The price calculation is based on our currently valid price list.
3. Pricing
Unless otherwise agreed, the prices apply ex warehouse St. Florian. Any collection is at the expense of the customer. The pricing includes ring packaging. Clause 9 applies if the goods are shipped on drums or in boxes
4. Price basis
The prices valid on the day of delivery plus the applicable VAT apply.
The prices include a copper base of EUR 130.00 for 100 kg of copper, an aluminum base of EUR 100.00 for 100 kg of aluminum and a lead base of EUR 50.00 for 100 kg of lead. The final prices result from the metal surcharges and discounts in accordance with the MKÖ listings published on our website – www.meinhart.at.
5. Delivery reservation
All delivery commitments on our part are subject to timely delivery to ourselves. Partial deliveries are permitted.
We reserve the right to over- and under-delivery of up to 10% of the order quantity. All information about diameter and weight is given to the best of our knowledge; unless otherwise agreed, they are non-binding and apply approximately. Manufacturing and raw material-related deviations in the structure as well as other changes that do not affect the technical usability and usability are expressly reserved.
6. Delivery times
Unless expressly agreed otherwise, we generally do not conduct fixed transactions. If a delivery deadline set for us is not met for reasons for which we are responsible, the customer is obliged to set us a subsequent delivery deadline of 4 weeks in writing. If we are also culpable of not adhering to this deadline, the customer is entitled to withdraw from the contract.
Delivery periods set for us only begin to run on the day the order is fully clarified or on the date of our order confirmation. In the event of force majeure or unforeseen events on the world raw materials market, the delivery period set for us will be interrupted until the event has been remedied. If the interruption lasts longer than 3 months, both parties to the contract are entitled to withdraw from the contract. If the delivery period is extended in the above-mentioned cases or if we are released from the delivery obligation, any claims for damages by the customer derived from this shall lapse.
7. Terms of payment
Our invoices are due and payable in full within 30 days after the invoice date. Transgressions of the 30-day term of payment cause delay even without a reminder from our side. A discount which may have been agreed can only be claimed if the purchaser
Our invoices are generally payable 30 days after the invoice date without any deduction. Exceeding the 30-day target already causes default without a reminder on our part. Any agreed discount can only be claimed if the customer is not in arrears with his other payment obligations.
Offsetting, reduction or assertion of a right of retention against us are only permissible insofar as the counterclaim has been legally established or is undisputed. If the customer does not comply with our terms of delivery and payment or if there are concerns about punctual payment, this entitles us to withhold outstanding deliveries or to make them dependent on security or advance payment.
In the event of default, default interest is 3% above the Lombard rate, but at least 8%. In the event of default, the buyer also undertakes to reimburse us for any dunning and collection fees incurred. We reserve the right to assert further damages.
Bills of exchange and checks are only accepted as payment free of charge for us after agreement. We are not liable for punctual presentation of bills of exchange and for protesting.
Regardless of the term of any accepted and discounted bills of exchange and regardless of the agreed payment terms, all of our claims are due immediately if circumstances arise in the customer that reduce his creditworthiness, such as the unauthorized refusal to pay a due invoice.
Discounts from the applicable delivery price are granted subject to full and timely payment. In the event of composition or bankruptcy proceedings being instituted against the buyer, the rebates or rebates deducted by us are void. The buyer is obliged to pay the full list price according to the current gross price list.
8. Retention of title
Until the fulfillment of all (including balance) claims to which we are entitled for any legal reason against the customer or his group companies now or in the future, we are granted the following securities, which we release on request at our discretion, provided that their value exceeds our demand sustainably exceeds by more than 20%.
The goods remain our property until full payment. Processing or transformation is always carried out for us as the supplier, but without any obligation for us. If our (co-)ownership expires through connection, it is already agreed that the customer's co-ownership of the uniform item shall pass to us in proportion to the value (invoice value). The customer keeps the goods delivered by us or (co-)ownership of processed goods for us free of charge
The customer is entitled to process and to process the reserved goods [=under retention of title or processed goods - (co-) ownership share ] in the ordinary course of business sell as long as he is not in default. Pledging or security transfers are prohibited. The purchaser assigns to us as security the claims arising from the resale or any other legal reason (insurance, etc.) with regard to the reserved goods in full. The customer irrevocably authorizes us to collect the claims assigned to us for his account in his own name. At our request, the customer must disclose the assignment and provide us with the necessary information and documents. The customer is obliged to inform us of any existing global or partial assignments, in particular to a bank or factoring bank.
In the event of breach of contract by the customer - in particular default in payment - we are entitled to take back the reserved goods at the customer's expense or, if necessary, to demand the assignment of the customer's claims for return against third parties. Taking back or pledging the goods subject to retention of title by us does not constitute a withdrawal from the contract, unless the installment law applies.
If third parties access the reserved goods, the customer must inform us immediately.
If, according to the agreements made between the customer and his customer, the customer's claims against his customer can only be assigned with the customer's consent, the customer is expressly obliged to inform us of this aspect before the delivery is made. If, in such a case, the purchaser's customer refuses to consent to the security assignment made to us, we are entitled to make our deliveries dependent on the granting of consent or the provision of another security.
9. Packaging
Drums from Kabeltrommel GmbH & Co KG (KTG)
The currently valid conditions for the provision of cable drums from Kabeltrommel GmbH & Co KG apply. (www.kabeltrommel.de)
Meinhart drums
If no KTG drums are used, our terms and conditions for loaning Meinhart drums with a deposit and calculation of fees apply. (www.meinhart.at)
10. Transfer of risk
All risk is transferred to the customer when the goods leave our delivery or distribution warehouse or are reported as ready for dispatch or collection, even if the place of dispatch is not the place of performance.
11. Warranty
Only goods that correspond to the current state of technical development will be delivered. If there are standards (DIN) or other regulations (VDE), we deliver based on these regulations.
Upon arrival, the customer must inspect the delivered goods immediately. Defects found in this way must be recorded in writing on both the bills of lading and the delivery notes. Other defects that are not obvious must be reported in writing within 2 weeks of their first occurrence. If the above-mentioned regulations are not observed by the customer, all warranty claims against us expire. Such claims are generally excluded if more than 6 months have passed since delivery from our warehouse. The burden of proof that the defect already existed at the time of handover always lies with the customer. All claims arising from notices of defects presuppose that the defect is reported to us in writing immediately after it is discovered and that a sample of the goods complained about is made available free of charge and without obligation.
If tests are to be carried out on the goods delivered by us, they must be carried out before they are moved. The test must cover whether the properties required by the ÖVE regulations or the otherwise agreed design are available. We shall bear the costs of the inspection if the goods are found to be unsatisfactory, otherwise the customer shall bear them. Replaced goods become our property.
In the case of justified complaints, we will deliver a replacement free of charge within a reasonable period of time, which must be at least 6 weeks, improve it or refund a credit note in the amount of the order value. Multiple subsequent deliveries are permitted. Instead of the replacement delivery, we can also grant the customer an appropriate reduction in the purchase price to be paid by him. Only the customer is directly entitled to warranty claims, they are not assignable. If the improvement or replacement delivery fails after a reasonable period of time, the customer is entitled to demand a reduction in the value invoiced by us or the order value or to withdraw from the contract.
In the case of the previous paragraph and claims for damages due to impossibility of performance, non-performance, positive breach of contract , culpa in contrahendo and tort, claims of all kinds against us as well as against our vicarious agents or vicarious agents are excluded, unless that the damage was caused intentionally or through gross negligence. Accordingly, claims for damages in cases of slight negligence are excluded, unless personal injury is involved. Apart from personal injury, we are only liable if gross negligence can be proven by the injured party. Claims for compensation become time-barred 6 months after knowledge of the damage and the damaging party, in any case 4 years after the service or delivery has been rendered.
12. Returns
Goods can only be returned after prior agreement, taking processing costs into account.
13. Place of delivery and jurisdiction
The law of the Republic of Austria applies to these terms and conditions and the entire legal relationship between the customer and us.
As far as legally permissible and our contractual partner is an entrepreneur, Linz is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Should one of the aforementioned provisions be void, this shall not affect the effectiveness of all other provisions.
Insofar as they do not conflict with the above terms of delivery and payment and individual points are not already regulated there, the general terms of delivery for products and services of the electrical industry also apply.