General terms and conditions
1. General Overview:
Our sales and deliveries are subject to the following General Terms and Conditions. Our conditions remain valid and obligatory even if individual stipulations - for whatever reasons - may not be effective. They also apply to all further contracts, even if we do not expressly refer to them, and as long as we do not have any new Terms and Conditions.
Furthermore, any former General Terms and Conditions are still applicable as long as we have not expressly retracted them. Deviations from these terms are only valid if they have been individually negotiated and confirmed by us in writing. Otherwise, no General Terms and Conditions of the buyer are binding, even if we have not expressly contradicted these referred terms in individual cases. We hereby expressly reject the purchasing conditions of the buyer. Our offers are non-binding. The order is only considered to be accepted if it has been confirmed in writing. Alterations to our confirmation is required in
2. Prices and Payment Conditions:
All our specified prices are, unless expressly stated, net prices plus value added tax / purchase tax. Our prices apply ex works or deliverer‘s storehouse, excluding packaging and freight. The prices are non-binding, as far as they are dependent on the initial costs. We are entitled to price adjustments if there are any changes up until delivery. Due to a lack of deviating terms, we will grant a 2% discount to advance payments or cash on deliveries. Otherwise, the net payment must be made within 8 days. All payments are to be made in the agreed upon currency. If we do not receive a justified, written objection regarding our calculated invoice, then we will assume that the buyer has acknowledged the invoice. We are entitled to partial payments for partial deliveries. The retention of payments or the charging of any counterclaims by the buyer is barred. The acceptance of cheques can only take place as payment. Costs of discounting or collection are carried by the buyer. If payments are deferred or are made later, then interest rates of 6% over the discount rate of the Austrian National Bank are calculated, without it necessitating the default charge. In the case of late payment - even it is default late payment - all discount agreements and granted price deductions cease to apply. This is also applicable to partial payments. Buyer payments are only considered duly received if it enters our business bank account on time. With delay of buyer payment, we are relieved of any further service and supply liabilities. Furthermore, we are entitled to keep any pending services or supplies, may demand advance payment and/or indemnifications, or we may completely withdraw from the contract after setting an appropriate period of grace. Moreover, if the buyer payments are delayed, we are entitled to demand compensation for damages or default interest. Point 2 is not applicable to private consumers.
3. Delivery Period:
The delivery period begins with the submission of the final acceptance of order. However, at its earliest, it begins after all technical, commercial, and financial concerns have been made, as well as all necessary buyer‘s documents, permissions, releases, and receipt of an agreed upon advanced payment have been presented. The delivery period is considered to be met if the delivery has left the factory before its expiration or if the readiness for shipment has been communicated. If delivery is connected with installation, then the delivery period is met after the product has been installed; at latest, three months after the product‘s arrival at its specified location. Partial deliveries are accepted. The delivery time period is suitably extended if unexpected obstacles and barriers, regardless if they occur on our operating premises or if they occur with our sub-suppliers, arise. If the original shipment method preferred by the buyer is delayed, then he will have to bear the storage costs, which amount to at least half a percent of the invoice, every month. However, we are also entitled to extend the grace period of the delivery, and re-deliver the product to the buyer, even after the normal grace period has ended. The adherence to the delivery period presupposes the fulfilment of the contractual obligations of the buyer. We retain the copyrights for illustrations, sketches or other documents, which we have supplied; the buyer does not have any rights of utilization or exploitation rights. Such documents only have appellative character; the design and the information of the respective confirmation of orders are decisive.
4. Liability, Guarantee, Damages:
4.1. The risk passes to the buyer as soon as the delivery leaves the premises (ex works), even if the delivery is carriage-free. If delays occur on the buyer‘s side, then the risk passes to the buyer as soon as the delivery is reported to be ready for shipment.
4.2. We guarantee the product‘s quality as described in the confirmation of order. Minor deviations, which do not impair the intended purpose of the delivery, (e.g. in weight, quality, colour, etc.) are not considered to be faults. Furthermore, we reserve the right to alter or improve the products, which can arise from new operating experiences and findings. The warranty period for mobile items is 6 months, and for immobile items 12 months from date of delivery or service.
4.3. Notices of defects can only be taken into account, if they are immediately reported after receipt and/or delivery of the goods and/or services. However, this notice must be made in writing within 5 (five) working days after the passing of risk to the buyer. The notice of defects is barred, if the condition of the products or services has changed after the passing of risk.
4.4. Defects of a part of delivery of service do not entitle the customer to completely reject the whole delivery or service.
4.5. In the case of a justified notice of defect, either from a purchase or a contract for services, we are entitled to select (the selection right of the buyer is completely barred) if the defective product is to be returned in exchange for a new one, if we withdraw from the contract and reimburse the purchase price, repair or supplement the product within an appropriate period of grace, or if we only reimburse the defective part of the product while keeping the contract in effect; no other claims can be made by the buyer. The levy of a notice of defects does not relieve the buyer of his payment obligation, and the warranty deeds will be forfeited if the buyer does not pay and/or adhere to the agreement. The buyer accepts our warranty and exchange tariffs.
4.6. Apart from this guarantee, we are not liable for any damages, which are recognizable upon acceptance of the delivery or damages, which are incurred in the future, unless these damages were deliberately caused. In particular, the replacement of damages, which incurred on a different product, is barred.
4.7. The buyer must do everything possible to avoid or reduce any damages, provided that no unreasonable costs or disadvantages may result from it.
4.8. The place of delivery for warranty claims is generally the headquarters of our company in Austria. In individual cases and according to the most costeffectice form, we may also freely fulfil justified warranty claims in another country or place of the buyer. No claim of the relocation of the general place of delivery can be made. In any case, the claim of warranty fulfilment at a location, which generally is not our typical place of delivery or in mentioned individual cases of the buyer‘s respective country, is barred.
4.9. Arbitrary re-working or inappropriate handling lead to a loss of all rights to claim damages for any defects. The buyer is only justified to modify the product if this will prevent larger damages, and only after he has informed the supplier, and has received the supplier‘s permission to alter the product, and can request the appropriate reimbursement for the replacement.
4.10. The liability to pay damages in accordance with the product liability laws is excluded for damages to property, unless the buyer is a consumer in accordance with § 9 of the product liability laws. Possible recourse receivables, which contractual parties or third parties from the „product liability“ in the sense of the product liability laws, are barred, unless the one entitled to recourse can prove that the error was our fault and was at least grossly negligent.
4.11. Claim for damages in slightly negligent cases are completely barred; this does not apply to personal injuries. Apart from personal injuries, we are only liable if the damaged party can prove that we were grossly negligent. Claim for damages become time-barred after 6 months from the date of damage awareness, and in any case, 5 years after the delivery or service.
5. Buyer‘s right to cancel contract:
The buyer has a right to cancel the contract, if we have not met our warranty performance obligations even after a suitable period of grace or if we refuse to obligate our warranty despite a proven defect or fault.
6. Seller‘s right to cancel contract:
In the case of unexpected events, given that they would substantially affect the economic meaning or contents of the service, or if they would substantially affect our operations, we are entitled to partially or entirely cancel the contract. Damage claims made by the buyer are not acceptable. If we want to cancel the contract, then we have to communicate this to the buyer as soon as we are aware of the consequences of the event; this is applicable even is we have to prolong the delivery period at first. If the financial position of the buyer has developed unfavourably after the conclusion of our agreement, and thus, the buyer has a justified reason not be able to meet and fulfil his contractual obligation, then we can demand prepayment or secure the delivery. If the buyer does not meet these demands, then we are entitled to cancel the contract. If the buyer cancels the contract without being entitled to do so or if the buyer wants to terminate the contract, then we have the choice of either insisting upon the fulfilment of the contract or agreeing to terminate the contract; in the latter case, the buyer is obligated to pay a lump sum compensation of 15% of the gross invoice amount or the actual incurred damage.
7. Conditional sales contract:
We retain the ownership of the delivered item, including the extension of the retention of title, as long as these rights correspond to the laws of the respective country, until the receipt of all payments from the delivery contract. We are entitled to insure the product - at the expense of the buyer - for damages caused by fires, water, and other damages; as long as the buyer is evidently not insured (he is required to be insured). The buyer is entitled to use the delivered goods in his normal business operations and in the scope of regular business management, despite the retention of title. Extraordinary regulations such as hypothecation, transfers by way of security and such, can only be permitted with our expressly stated permission given in writing. The buyer is entitled to process and sell the goods, under the retention of title, in his normal modes of operations. In the case of the resale of goods subject to retention of title, the buyer hereby commences his purchase price requests to his buyer/customer, if necessary also in the amount of our co-ownership share - as a collateral - and is required to immediately provide us with the name and address of the second buyer, as well as the amount and of the sale. He is also required to inform his buyers and/or customers about the release of covenant to us as well as the amount of the claims. Furthermore, the conditional buyer must appropriately note („extended retention of title“) the amount of our claims. The release of covenant has to take place, regardless if our goods subject to retention of title without or after treatment or processing or whether it is sold to one or more buyers. The buyer has the obligation not only to meet all measures to activate the legal protection of the retention of title, but to also maintain the item in a normal condition. It is our choice if we decide to make further agreements regarding the retention of title with eh buyer. The same applies to delivery outside of the geographical limits of these sales conditions, if a retention of
title and/or an extended retention of title in a country, where the commodity is at present, is legally possible. Otherwise, the buyer obligated to provide the supplier with all legal rights, which are required by the legislation in the country of the supplier in order to secure the claims.
8. Buyer‘s default:
If the buyer falls behind in payment - even if it is only one agreed payment - or in other agreed upon conditions, then the buyer must pay the entire outstanding amount. Furthermore, default interest in accordance with these General Terms and Conditions are to be paid additionally.
9. Refund policy
Cancellation of orders placed with our company entitles GEOplast to charge a cancellation and processing fee. The customer hast to bear the costs of returning the goods.
For returned goods a credit note will be provided. The repayment of credit is generally excluded.
We only take back undamaged, dry, complete and unopened packages to our store at Bahnstrasse 45, A-2604 Thereseinfeld.
For custom-made products no return is possible.
10. Data protection, change of addresses, and copyright:
The buyer gives his agreement that the personal data provided in the purchase contract will be saved and processed in our database. The buyer is obligated to provide us with any changes in his addresses, as long as the contractual obligations have not yet been completely fulfilled. If the buyer fails to do this, then any declarations and statements addressed to the provided addressed are assumed to be acknowledged.
11. Place of fulfilment, jurisdiction, legal foundation:
Our headquarters in Austria is the place of fulfilment or delivery for our services. Austrian law is to be applied. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly barred. The contractual language is German. The contractual parties agree upon domestic Austrian jurisdiction. If it is not a consumer contract, then the local (where the headquarters of our company is located), applicable courts will be exclusively responsible for all legal matters.