Terms and Conditions
Vossen GmbH & Co. KG
A - 8380 Jennersdorf
Tel: +43 (3329) 400 - 0
Fax: +43 (3329) 400 - 175
UID Nummer: ATU 58154455
§ 1. VALIDITY
These General Terms and Conditions of Business apply to all deliveries and services performed by our company.
§ 2. QUOTATIONS, ORDER ACCEPTANCE
Our quotations and price lists are without obligation. Any orders, quotations, contracts, order amendments, cancellations and other agreements shall be binding on us only upon written acknowledgement. Extent and content of the contractual relationship are established exclusively by our written acknowledgement; additional oral agreements are invalid. We reserve the right to refuse orders without giving reasons. Orders for end of season sales or clearance sales will be acknowledged by us, as strictly ‘subject to prior sale’.
§ 3. DELIVERY, SHIPPING COSTS
Confirmed delivery dates will be kept as far as possible, but are without obligation. Shipment will be made at the Buyer’s expense and risk, if not expressly otherwise agreed in writing between the contracting parties. If due to force majeure, strike, political unrest, changes in the manufacturing basis due to increased expenditure, official intervention or any other circumstances completion of the above order is impossible or unreasonable, then we are entitled to cancel the order. If our receivables are not secured by our credit insurance, the order will be deemed unacceptable.
§ 4. PAYMENT, ARREARS, TRANSFER OF RISK
If not expressly stated otherwise in the invoice, payment is due net cash on receipt of invoice. Payments will in each case be set off against the oldest debt. In the event of arrears against one order, all open invoices will become due without the period allowed for payment and in addition to our claim for damages interest of 12 % on arrears and any other costs incurred in the collection or attempted collection will be charged. Until the time of fulfilment of his obligations by the Buyer we are entitled to refuse any further deliveries despite order acknowledgement.
If bills of exchange are accepted in payment, payment will be effective after settlement of all bank, discount and collection charges. Bills of exchange with a period of validity exceeding three months will not be accepted. Cheques are accepted subject to payment being credited to one of our bank accounts. In the case of instalment agreements, arrears with one instalment will result in cancellation of the instalment agreement. The transfer of risk to the Buyer for the goods or services supplied or processed will in the event of default of the Buyer become effective immediately.
§ 5. RETENTION OF OWNERSHIP
Until full payment of all the Buyer’s obligations to us, the goods supplied will remain our property. The Buyer shall be liable for all detriment incurred by us in the assertion of the retention of ownership. The Buyer shall insure the goods supplied against any damage during the period of retention of ownership. The Buyer may sell or further process the goods within the bounds of a proper business. Any claims against third parties arising from the sale of the goods, including from the insurance contract for the goods, shall herewith expressly be ceded to us by the Buyer. The proceeds of the sale replace the goods and shall be kept separately. The Buyer is obliged to on demand disclose third party debtors to the Vendor and notify him of the assignment. The Buyer shall be entitled to collect the debt himself, as far as not otherwise instructed by us. Any contractual mortgaging of the goods to third parties requires our agreement and shall be notified to us immediately. Any executive distrait of the goods by third parties shall be notified to us immediately and the distrait protocol be forwarded to us by registered mail to enable us to assert our claims from the retention of ownership.
§ 6. WARRANTY, RETURN OF GOODS
In the event of delayed acceptance, warranty claims for hidden defects shall also be void. Complaints shall be notified in writing within eight days. No claims can be accepted after expiry of this period. For seconds and sales goods any liability for material defects is excluded. Returns by the Buyer shall be effected under consideration of reasonableness and the costs involved. Payments due may not be withheld due to any claims under the warranty.
For subsequent deliveries we accept no liability for uniformity of colour with the initial delivery. Number changes in the raw yarn supply are subject to quality changes.
§ 7. GENERAL
General Terms and Conditions of Business of the Buyer contradicting the above terms and conditions have no legal validity. Invalidity of individual sections of these General Terms and Conditions of Business do not affect the validity of the remaining conditions. Invalid conditions are replaced by those legal regulations nearest to the legal and commercial sense of the invalid conditions. The Buyer may assign the rights from this contract to third parties only with our express agreement.
§ 8. COURT OF JURISDICTION, APPLICABLE LAW
Place of fulfilment for all obligations of both contracting parties shall be Jennersdorf. The exclusive jurisdiction for all disputes shall be the competent court in whose district Vossen has his registered seat. The contractual relationship shall exclusively be governed by Austrian law.