Standard terms and conditions of sale
1. The terms and conditions mentioned hereinafter apply for all business relations (offers containing know-how as well as sales of goods) between Franz Martin Thurner, Sicherheitssysteme (hereinafter called "FMT") and our clients resp. purchasers. These conditions apply unless explicitely agreed upon otherwise and such agreement is made in writing
2. The products manufactured by FMT (in the following in short: "products") are technical high standard products manufactured in conformity with the applicable technical standards (such as ÖNORM DIN, EN etc.) as indicated in the offer of FMT. Over and above these standards, FMT will not accept any further liability. The purchaser bears the risk of insufficient or wrong specification. Furthermore the valid rules for "DUAL USE"-goods, as per "EG 1334/2000" (concerning any purchased goods as well as Know-How) apply .
3. The products are being manufactured according to FMT's own technology or according to technology of contractual partners. These technologies are individual property and as such protected. The products are manufactured as moulded parts, as panels or integrated in special solutions. Any imitation is strictly prohibited and will be prosecuted. FMT and the purchaser agree upon secrecy of all informations exchanged.
4. The purchaser must accept part deliveries as far as reasonable.
5. The delivery times quoted are approximations and non-obligatory. A cancellation of the purchase on the ground of delay in delivery will only be acceptable if made in writing and after expiry of an adequate additional period fixed by the purchaser. A compensation for delayed delivery can only be claimed in case of gross negligence of FMT.
6. All goods supplied by FMT shall remain the sole property of FMT until full payment thereof has been received by FMT.
7. In case of default of payment by the purchaser, FMT is entitled to take back all goods still in FMT's property, however, this act does not necessarily represent a withdrawal from the contract.
8. Payments have to be made net without any discount. Value added tax is not included in the price offered.
9. 50 % downpayment of the purchase value are due upon order; an agreed delivery time has to be counted from the date of receipt of downpayment. The balance is due upon delivery or partial delivery and receipt of invoice. Invoices are payable promptly upon their receipt.
10. If Payment is delayed, the outstanding amount will be subject to interests at the rate of 5% above the official bank rate in Austria.
11. Warranty: FMT warrants that the products to be supplied will be free of fault in material or workmanship according to Austrian Law "BGBL Nr. 1 48/2001". The warranty period will end 2 years after delivery ex works. In case any fault is revealed, the purchaser would have to notify FMT without delay and within the warranty period in writing. The warranty will not include damage resulting from improper use or maintenance by the purchaser, or any other cause for which FMT is not responsible. Any approved claims resulting from faulty components of FMT-deliveries or part deliveries under the warranty are limited to a free of charge replacement of those faulty comonents to the extent as agreed upon with the original order.
12. Liability: FMT will not resume any liability for equipment or goods containing the products as constructive components.
13. In case of cancellation of the order by the puchaser, FMT is entitled to charge a cancellation fee of 10 %, notwithstanding any claim for damage resp. for loss of profit, and after having started manufacturing the products a cancellation fee of 75 % of the order value.
14. FMT will only be liable for damages arising out of gross negligence or intent. Indirect or consequential damage is excluded. Product liability is excluded as far as permissible by common or civil law.
15. Invalid Conditions: Should any of the terms and conditions contained in an offer, in these general conditions, or in the ensuing order be invalid, this shall not invalidate the remainder, but a legally acceptable clause covering the intention of FMT and the purchaser shall replace the invalid clause.
16. Place of performance is FMT's domicile.
17. The place of jurisdication shall be the court at FMT's domicile.
Franz
Martin Thurner, Sicherheitssysteme
gwappnet@aon.at
Telefon
u. Telefax (+43) 06454 8402
Mobil (+43) 0664 153 7511
www.gwappnet.net
A
- 5550 Forstau Nr. 37 Austria