Sales and Delivery Conditions
The present Sales and Delivery Conditions shall apply to all present and future deliveries and services provided by us to companies, with the exclusion of our customers’ general business conditions and with the proviso of differing written agreements. The present Sales and Delivery Conditions shall also apply when we deliver to, or perform for our customer, without any reservation, aware of customers’ conditions, which are contrary to or differ from our conditions. In this case, too, our Sales and Delivery Conditions preclude our customers’ conditions.
- Quotations and Orders (Conclusion of Contract)
Our quotations, as well as the information contained in our catalogues, advertising material, circular letters, advertisements, graphic presentations and price lists, etc. shall not be binding unless we refer to them explicitly in an order confirmation. We reserve the right to correct errors, printing and calculating mistakes, as well as to make changes in services and prices in case of changes in exchange rates and other rates/charges. Extra charges for metals will be invoiced at current prices.
Contracts on the basis of delivery contracts and/or orders shall only have legal effect after we have issued a written order confirmation, exclusively for the specifications contained therein.
- Excess or Short Deliveries
Any excess or short deliveries, as well as any other standard commercial deviations regarding quality, weight and dimensions shall be deemed to have been accepted by buyer unless otherwise agreed upon explicitly.
Our prices do not include packaging and are exclusive of value-added tax. They shall apply ex warehouse, unless otherwise agreed.
- Payments and Due Dates
Unless otherwise agreed, payments have to be effected in advance. When defaulting on an agreed term of payment, statutory interest according to the Austrian Commercial Code (UGB) will be charged. In case of delays in payment, customer shall refund to us any and all dunning and collection expenses. We shall accept bills of exchange only on account of payment and not in lieu of payment.
- Reservation of Title
All goods delivered by us shall remain our property until we have received full payment for them. We have the right to clearly indicate our property title on the delivered goods.
If customer should sell any goods to which our reservation of title applies, he shall assign to us in advance his claims against third-parties arising from such resale. We hereby accept such assignments.
We shall be informed without delay, in writing and in detail of any attachment or other measure for the benefit of third parties, in relation to goods to which our reservation of title applies.
- Delivery Dates
The delivery dates indicated by us (in quotations, catalogues, advertising material, circular letters, etc.) are not binding. Liability for delays in delivery shall be limited to cases of intent and gross negligence. No liability is assumed for delays from suppliers.
All incidents of force majeure (this also includes restrictions on mobility imposed by official bodies) extend the delivery period to the necessary extent during their duration and after effects. If the duration of such incidents is unforeseeable, or if they lead to major consequences, we are entitled to terminate any contract in whole or in part, under exclusion of any liability. However, we will make every endeavor to meet the delivery date.
- Compliance with export-law-regulations and supplier’s declaration
Whenever customers export goods supplied by us, either in a processed or unprocessed condition, the respective exporter is responsible for compliance with all export-law regulations.
Our goods are generally delivered without a supplier’s declaration. When sending us an inquiry, customers must inform us that a supplier’s declaration is needed.
- Liability and Defects
We shall not assume any responsibility for the usability of the delivered goods for a specific purpose. As a trading company we only perform a visual inspection of the goods delivered to us. If you require specific material properties, you must perform specific material testing before using the goods. Upon delivery customer shall check the goods without delay. Whenever this is not possible during the ordinary course of business, customer shall check the goods prior to any processing or other use. Customer shall report any possible defects to us in writing immediately. We do not accept any liability for costs or damage caused by processing or using defective goods. The application of § 934 of the Austrian General Civil Law Code (ABGB) (reduction by more than half) is excluded. The warranty period shall end 2 years after delivery. The presumption rule according to § 924 of the General Civil Law Code (ABGB) is consensually excluded, as is the provision on the reversal of proof according to § 1298 of the Austrian General Civil Law Code. In the event of justified notices of defects, we have the right either to 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 consequential damage is excluded.
- Release from Contract Performance
In the event that we become aware of circumstances that increase a customer’s likelihood of constituting a credit risk, we have the right to call for securities or to withdraw from the contract. In such cases, claims for damages by customer are excluded. In the event that goods to be delivered are not in stock and cannot be obtained at the agreed price, we have the right to withdraw from any possibly concluded contracts without customer being entitled to any claims for damages.
- Applicable Law, Place of Performance and Jurisdiction
Austrian law shall exclusively apply, with the exception of provisions on conflict of laws. The application of UNCITRAL sales law is excluded. Schwechat, Austria, is agreed to be the place of performance. The court at Schwechat with jurisdiction over the subject matter is agreed to be the competent court.
- Data protection
Please find our Data Protection Declaration on www.mertl.com/en/gdpr/
Status: November 12th 2020