Sales and delivery conditions
The present General Conditions of Sale and Delivery shall apply to all deliveries and sales
made by the firm Karl Mertl Handelsges.m.b.H., unless otherwise agreed to with a contracting party in writing.
1) Quotations and Orders (Conclusion of a Contract):
Quotations by Karl Mertl Handelsges.m.b.H., as well as the information contained in its catalogues, advertising
material, circular letters, advertisements, graphic presentations and price lists, etc. shall not be
binding, until Karl Mertl Handelsges.m.b.H. refers to them explicitly in an order confirmation. Karl Mertl Handelsges.m.b.H. shall
reserve the right to correct errors, printing and calculating mistakes, as well as to make changes in
performance and prices in case of changes in exchange rates and other rates/charges.
Contracts on the basis of delivery contracts and/or orders shall only have legal effect once Karl
Mertl Handelsges.m.b.H. has issued a written order confirmation.
2) Additional or Short Deliveries:
Any additional or short deliveries, as well as any other customary commercial deviations regarding
quality, weights and dimensions shall be deemed to have been accepted by buyer unless otherwise agreed
upon explicitly.
3) Prices:
The prices of Karl Mertl Handelsges.m.b.H. shall not include packaging and loading, and shall be exclusive of
value-added tax. They shall apply ex warehouse, unless otherwise agreed.
4) Payments and Due Dates:
In the absence of other agreements, payments has to be effected in advance. It shall be deemed to have been agreed that interest is charged in the amount of 8% above the respective basic interest rate of the European Central Bank, calculated for the unpaid amount, when the period of payment is exceeded. In case of delays in payment, any and all dunning expenses shall also be refunded to Karl Mertl Handelsges.m.b.H.. The firm Karl Mertl Handelsges.m.b.H. shall accept bills of exchange only on account of payment and not in lieu of payment.
5) Reservation of Title:
All goods delivered by Karl Mertl Handelsges.m.b.H. shall remain the property of the firm until they have been paid for
in full. Karl Mertl Handelsges.m.b.H. shall be entitled to clearly indicate the firm's property title on the delivered
goods.
6) Delivery Dates:
The delivery dates indicated by Karl Mertl Handelsges.m.b.H. (in quotations, catalogues, advertising material, circular
letters, etc.) shall not be binding. The liability for delays in delivery shall be limited to incidents
of intent and gross negligence. No liability is assumed for delays from suppliers.
7) Liability and Defects:
The firm Karl Mertl Handelsges.m.b.H. shall not assume any responsibility for the usability of the delivered goods
for a specific purpose, unless the order confirmation provides otherwise. Customers shall check the
goods upon delivery without delay; complaints for possible defects shall be submitted in writing within
5 working days. Karl Mertl Handelsges.m.b.H. does not assume any liability for costs and damage that are/is caused
when processing defective goods. The warranty period shall end 2 years after delivery. The parties
agree by common consent to exclude the provision on presumption according to § 294 of the Austrian
General Civil Law Code, as well as the provision on the reversal of proof according to § 1298 of
the Austrian General Civil Law Code.
In the event of justified complaints regarding defects, Karl Mertl Handelsges.m.b.H. shall be entitled to either make
the necessary improvements on the delivered goods, to replace these, to grant a price reduction
corresponding to the defect, or to refund the purchase price. Any liability for loss of profits or
any direct or indirect consequential damage shall be excluded.
8) Release from Contract Performance:
In the event that Karl Mertl Handelsges.m.b.H. becomes aware of circumstances that increase a customer's likelihood
of constituting a credit risk, the firm is entitled to call for securities or to withdraw from the
contract. In such cases, customers may not claim damages.
In the event that goods to be delivered are not in stock and cannot be procured at the agreed price,
Karl Mertl Handelsges.m.b.H. shall have the right to withdraw from any possibly concluded contracts without the
customer being entitled to claim damages.
9) Place of Performance and Jurisdiction:
Schwechat, Austria, shall be agreed to be the place of performance. The court
at Schwechat, Austria, has jurisdiction to deal with any legal matters under
use of Austrian law.
Edition October 2008
Change of operation and price, correction of mistakes, typographical errors, calculating errors,
the exchange rate, tariff changes, especially by transport operators, are reserved.
Last update: 05.07.2010
