The order confirmation must be sent to us no later than 14 days after placing the order, or our General Terms and Conditions of Purchase are fully recognised by the partial or complete execution of the order. General contract terms and conditions of the Supplier / Seller do not apply unless they have been expressly acknowledged by us in writing.
The agreed delivery times must be complied with punctually. Repeated non-compliance with the delivery date gives us the right to withdraw from the contract without setting a grace period, insofar it has not already been fulfilled, even if a delayed partial delivery has been accepted by us unreservedly.
The Supplier is obligated to pack the delivery in a manner suitable for transport at their own expense. In the event that a package or transport aid must be returned to the Supplier, it is done at the Supplier’s risk and expense. The project name and the number of packages must be noted on the packaging. Example: Project “König”, package 1 of 3, package 2 of 3, package 3 of 3.
The Supplier is liable for all defects of the goods, even without notification of defects, within the meaning of § 377 UGB [Unternehmensgesetzbuch (Entrepreneurial Code)]. However, if no notification of defect is made within 14 days after receipt of the delivery, the goods shall be deemed to have been approved, unless it is a defect that is only discernible when the goods are used or operated. There is no immediate obligation to perform a check.
Apart from the general liability for defects, the Supplier undertakes, for the duration of one year after commissioning or use of the goods, to immediately deliver a replacement relating to everything that has proven to be unsuitable or defective due to materials, work or design faults free of charge at the place of use, or to arrange for the elimination of the defects at their own expense. If the defect is not remedied within a reasonable period of time, we are entitled to withdraw from the contract or to demand compensation for non-fulfilment.
In the absence of mutual agreement, prices and transfer of risk are understood to be “delivered to Berndorf Metall- und Bäderbau GmbH” according to Incoterms 2010. The shipping regulations specified in the order letter must be strictly followed. The Supplier shall be liable for any costs incurred as a result of non-compliance with these regulations.
All invoices must be sent immediately after delivery (unless otherwise stipulated by special instructions) via post or email to buchhaltung@berndorf-baederbau.com. Each daily delivery must be listed separately in the invoices. In the shipping notes, invoices, and the related correspondence, the order numbers must always be indicated.
Unless otherwise agreed, we shall make payments within 30 days after receipt of goods, verification, and receipt of a properly issued invoice with a 2% discount or 60 days net, at our discretion by transfer. Discount deduction is also permissible if we offset or withhold payments in an appropriate amount due to defects. The payment period begins after complete rectification of the defects. In the case of all fees agreed in euros, the Seller shall bear the risk of a possible devaluation of the euro or a possible appreciation of the currency of the country of its registered office.
The assignment of the invoice amount without our written approval is excluded. If the request is nevertheless assigned and the invoice amount is transferred by us to the assignee, this is deemed to be our consent to the assignment.
If we are entitled to counterclaims against the Supplier, then we are entitled to assert the right of retention. The Supplier agrees to a compensation of claims and liabilities of every kind, including those of our subsidiaries and affiliated companies.
Drawings, static calculations, and cost estimates, if requested by us, must be submitted in the required number, free of charge. The drawings provided by us remain our property and may not be reused, reproduced, or made accessible to third parties by the Supplier without our express consent. Excerpts from these and the production of individual parts for third-party invoices are also not permitted. Claims arising from violations of copyright or other provisions for the protection of intellectual property shall remain unaffected.
War, labour disputes, fire damage, flooding, traffic disruptions, insufficient provision of railway cars, and similar cases are deemed to be force majeure and release us from the purchase obligation for the duration of the disruption to the extent that they prevent the use or processing of the ordered goods. In the event of force majeure, we are also entitled to cancel the purchase.
The competent court in Wiener Neustadt is solely responsible for any disputes arising from the contract. At our discretion, claims against the Supplier can also be made at its registered office. All disputes shall be governed solely by Austrian formal and material law under exclusion of all conflicts of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods.
In the case of larger deliveries, we have the right to occasionally send a representative to the manufacturing plants so that we can personally convince ourselves on the status and the progress of the work assigned to the Supplier.
The complete or partial transfer of this contract to third parties requires our prior written approval.
The use of placed orders for advertising purposes is not permitted.
Doc. No. AD0004-AT-E | Version 03-2021