General Terms and Conditions (GTC) JETFLOAT INTERNATIONAL GMBH
1. Offers and order confirmations
Our offers are subject to change; in particular, intermediate sales and economically justified price increases are reserved. All orders and agreements, in particular those brokered by our representatives or other agents, only become effective with our written confirmation. The full content of our order confirmation is deemed to have been accepted if the buyer does not complain to us within three days of receipt of the confirmation. The postal route is not included. Any change in the cost situation, in particular raw materials, wages, etc. allows us to adjust the prices to the buyer without prior information.
2. Purchasing conditions of the buyer
The purchasing conditions of the buyer are hereby contradicted. You do not commit us.
Unless expressly agreed otherwise, the following applies: Our prices apply unpacked ex works or warehouse. The dispatch of the goods by us is always at the cost and risk of the buyer. Unless the buyer specifically requests a specific shipping method, we choose the shipping method.
4. Delivery time
Basically, our information about delivery times and dates in offers, order confirmations, contracts and other communications are non-binding and without guarantee. If, based on a special agreement, we have committed ourselves in writing to an expressly binding promise of certain delivery times and dates, the following applies:
Slightly delayed deliveries – as such all delays by no more than 7 days are always irrelevant and do not entitle the buyer to withdraw from the contract or to assert other consequences of delay (compensation, etc.);
Claims for damages due to late delivery, which are based on slight negligence on our part, are completely excluded;
Claims for damages due to late delivery based on gross negligence on our part are limited to a maximum of 15% of the order value;
Delayed deliveries due to force majeure (e.g. natural disasters, strikes, sabotage, traffic disruptions, war, civil war, riots, revolutions) do not constitute grounds for the purchaser’s claims against us.
5. Guarantee, compensation
The buyer is obliged to examine the goods immediately upon receipt. He must notify us of any defects immediately, but at the latest on the working day following the delivery, by fax or email. The individual defects must be clearly identified in the advertisement. An omitted, late or improper notice of defects leads to the expiry of all warranty and damage claims of the buyer from the delivery in question.
After the complaint has been made, the buyer must cooperate in good faith in clarifying the cause of the defect and securing evidence. In particular, he must enable the persons commissioned by us to examine the delivered goods. Violations of this obligation to cooperate lead to the loss of all warranty and damages claims of the buyer.
Claims for compensation by the buyer against us based on slight negligence are excluded. Claims for compensation by the buyer against us based on gross negligence are limited to the value of the goods as per the invoice. Claims by the buyer based on consequential damage and claims by the buyer due to loss of profit are excluded in any case. Claims by the buyer for compensation against us become statute-barred one year after becoming aware of the damage and the damaging party, but in any case three years after delivery.
Insofar as claims from the buyer’s warranty and / or compensation for damages are excluded or limited, this also applies mutatis mutandis to claims for contesting errors and shortening by more than half.
6. Payments, interest on arrears, offsetting
Unless expressly agreed otherwise, outstanding invoice amounts are due for payment within 30 days of the invoice date. In the event of late payment, the buyer must pay default interest in accordance with Section 352 UGB.
Payments must be made either in cash or by bank transfer to the bank account shown on the invoice. Bills of exchange and checks are only accepted after separate agreement; the mere handing over of a bill of exchange or check does not count as payment.
If the buyer is in arrears with the payment of due invoices, we are entitled to make further deliveries and services to the buyer dependent on advance payment or the ordering of collateral or to completely stop further deliveries to the buyer. Offsetting against counterclaims of the buyer is excluded, unless the counterclaims have been expressly recognized by us or have been legally established by a court.
For deliveries abroad, unless otherwise agreed, the buyer has to deposit an irrevocable and confirmed letter of credit in the amount of the pro forma invoice relating to the order with UniCredit Bank Austria AG, Vienna, to secure payment.
7. Retention of title
The delivered goods remain our property until they have been paid for in full. A pledge or transfer of ownership of this goods in favor of third parties is excluded without our consent. In the event of attachment by third parties, the buyer must notify us immediately. In the event of mixing or processing of goods that are still our property, co-ownership also arises in cases of § 416 ABGB, whereby we have the right to choose whether we take over the goods under compensation or transfer ownership to the buyer and assert a compensation claim .
In the event that the goods we deliver are resold to third parties, the buyer hereby assigns to us any claims that may arise from the resale to third parties (“extended retention of title”). In the event of a resale, the buyer undertakes either to properly record the assignment to us in his books (“book note”) or to provide the third party debtor with evidence of the assignment. Any assignment fees are borne by the buyer.
8. Commercial customs
In addition to these terms and conditions, the commercial customs established by the Austrian Chamber of Commerce are deemed to be agreed. You and these General Terms and Conditions are the content of every purchase contract concluded by us with the buyer. In the event of contradictions, our terms and conditions take precedence over the commercial customs established by the Austrian Chamber of Commerce.
9. Written form requirement, severability clause
Deviations from these terms and conditions and other contractual content only apply if they have been agreed with us in writing. This also applies to a departure from this written requirement. The ineffectiveness of one or more provisions of these terms and conditions or other contractual provisions does not affect the effectiveness of the remaining provisions. Such ineffective conditions are to be replaced by conditions that come as close as possible to the content of the ineffective conditions.
10. Place of performance, place of jurisdiction, applicable law
The place of performance for the services of both contracting parties is Salzburg. The Salzburg court is responsible for all disputes arising from or in connection with our contractual relationship with the buyer. Regardless of this, we have the right to use any other legally required place of jurisdiction instead of the place of jurisdiction mentioned above.
Austrian law is applicable to the entire contractual relationship with the buyer; this to the exclusion of the UN sales law.