German
Allgemeine Geschäftsbedingungen
GENERAL
TRADING CONDITIONS AND TERMS OF DELIVERY
of company:
PAUL GREEN GMBH
Haag 10
5163 Mattsee
Austria
1) CONCLUSION OF CONTRACT
These general trading conditions and terms of delivery are valid for all delivery contracts and other services. Terms of purchase of the buyer are hereby contradicted.
Our offers are without engagement. Agreements, in particular oral sub-agreements and assurances with our commercial agents only become binding by our written confirmation.
In case any disputes and differences which may arise the INCOTERMS 2000 are in force for the interpretation of the trade clauses.
2) TERMS OF PAYMENT
Special agreements made by contract are valid. The invoice is due 60 days after receipt of the goods and payable at once. A discount of 3 % can only be granted if payment effected 10 days upon receipt of the goods if no other deductions have been made. In case of cheque-payment the date, seller’s account has been credited is valid and not the date when the cheque was mailed.
The seller has the right to ask for a settlement in the currency agreed upon in contract or by the national currency of the buyer, i.e. where the firm’s headquarters are situated. The exchange rate is calculated on maturity date and not on actual date of payment.
3) SHIPMENT, PASSING OF THE RISK, PARTIAL SHIPMENTS
The seller is entitled to stipulate the route, the method of shipment, the forwarder and the carrier. Goods declared ready for despatch according to contract are to be immediately called off, otherwise the seller has the right to ship them to his own discretion for buyer’s risk and account, or seller can store the goods and invoice them immediately.
In case the transport on the stipulated route or to the stipulated destination or in the stipulated time becomes impossible - without seller’s fault - the seller is entitled to ship the goods by a different method, to a different destination, additional charges which may arise are for buyer’s account. Before that buyer must be given the opportunity to give his point of view.
For all transactions the goods are at the risk of the buyer when they are delivered to a forwarder or carrier at the latest when they are taken out of the warehouse or have left the supplier. Also in case of seizure of the goods, it is at buyer’s risk..
The seller is allowed to effect partial shipments in agreeable lots.
4) TIME OF DELIVERY
The obligation of delivery is subject to a prior complete and correct supply to the seller unless the seller is to be blamed for non delivery or delay in delivery. Delivery time is calculated from the date of the confirmation of order or the date of contract but before all details of the contract have been clarified.
Delivery time is extended by the time the buyer does not fulfil seller’s obligations, also in case of strike, by the duration of this interference. This is also valid for the date of delivery, accordingly.
For the observance of delivery time and date, the time the goods leave the factory or the warehouse is decisive. Delivery time is regarded as adhered to, from the time goods are declared ready for despatch, if the goods cannot be shipped in time, without seller’s fault.
In case of delay in delivery the buyer is only entitled to cancel the present contract, if he has demanded a cancellation in writing before and if the goods are not shipped within 15 working days from receipt of this letter by the seller.
5) NOTICE OF DEFECTS AND GUARANTEE
The buyer is to inform the seller by a registered letter about visible defects within 10 days from receipt of the goods and hidden defects within 10 days after he discovered them.
The buyer is not allowed to return the goods without having a written consent of the seller. The returning of the goods being approved by the seller is to be effected free of charge and at buyer’s risk.
6) COMMERCIAL AGENT
The agents acting on behalf of the seller are merely authorized to conclude sales contracts. They are not entitled to amend the contract and I or to accept notices of defects.
They are not allowed to collect money without having a written collection authorization.
7) RESERVATION OF PROPRIETARY RIGHTS
All goods delivered remain the property of the seller until all outstanding payments are settled, in particular, also until all open balances are paid which have occurred in the course of all transactions between the seller and the buyer. This applies as well to future claims and claims resulting from accepted drafts, also if payments are based on and against certain claims.
Buyer’s claims from re-sales of the privileged property, are now assigned to the seller. They serve to same extent for collateral security as the privileged goods.
The buyer is bound to notify the seller immediately of a distrait or another interference by a third party. The seller has the right to set off all claims he has against the buyer with all claims the buyer has against the seller, for whatever cause in law.
It is not admissible to set off with counterclaims which are objected by the seller or which are not proved final and conclusive. To make use of the right of retention due to such counterclaims is not allowed, unless these claims are not part of the contract itself.
8) GENERAL LIMITATION OF LIABILITY AND LIMITATION OF TIME
Unless otherwise stipulated herein, the seller is only liable for compensation claims if he fails to meet contractual and sub-contractual obligations wilfully and with gross negligence. The liability does not include damages - except with intent - which are most unlikely to be expected when executing the concrete transaction or damages for which the buyer is insured or can usually be insured for.
All contractual claims against the seller fall under the statute of limitations 6 months after they were surrendered, unless otherwise stipulated.
9) IMPERMISSIBLE DELIVERY TO A THIRD PARTY AND CONTRACTUAL PENALTY
The buyer is not allowed to deliver the goods, produced and delivered by the seller, to re-sellers - without having a written agreement from the seller - against payment or free of charge.
In case the buyer or the subsequent reseller does not adhere to this obligation the buyer is bound to pay a contractual penalty of 30 % of the contractual price for each case.
10) PLACE OF PERFORMANCE, ,
PROPER LAW OF THE CONTRACT PLACE OF JURISDICTION
Place of performance as to seller’s deliveries basis ex works is the supplying plant.
For whatever disputes which may arise between buyer and seller the CISG (the United Nations Convention on Contracts for the International Sale of Goods) is in force, unless otherwise stipulated in these General Terms and Conditions of the seller.
The seller has the right to choose as place of jurisdiction a court which is competent in respect of the location of the headquarters of his firm or a court which is competent in respect of the location of buyer’s firm.
of company:
PAUL GREEN GMBH
Haag 10
5163 Mattsee
Austria
1) CONCLUSION OF CONTRACT
These general trading conditions and terms of delivery are valid for all delivery contracts and other services. Terms of purchase of the buyer are hereby contradicted.
Our offers are without engagement. Agreements, in particular oral sub-agreements and assurances with our commercial agents only become binding by our written confirmation.
In case any disputes and differences which may arise the INCOTERMS 2000 are in force for the interpretation of the trade clauses.
2) TERMS OF PAYMENT
Special agreements made by contract are valid. The invoice is due 60 days after receipt of the goods and payable at once. A discount of 3 % can only be granted if payment effected 10 days upon receipt of the goods if no other deductions have been made. In case of cheque-payment the date, seller’s account has been credited is valid and not the date when the cheque was mailed.
The seller has the right to ask for a settlement in the currency agreed upon in contract or by the national currency of the buyer, i.e. where the firm’s headquarters are situated. The exchange rate is calculated on maturity date and not on actual date of payment.
3) SHIPMENT, PASSING OF THE RISK, PARTIAL SHIPMENTS
The seller is entitled to stipulate the route, the method of shipment, the forwarder and the carrier. Goods declared ready for despatch according to contract are to be immediately called off, otherwise the seller has the right to ship them to his own discretion for buyer’s risk and account, or seller can store the goods and invoice them immediately.
In case the transport on the stipulated route or to the stipulated destination or in the stipulated time becomes impossible - without seller’s fault - the seller is entitled to ship the goods by a different method, to a different destination, additional charges which may arise are for buyer’s account. Before that buyer must be given the opportunity to give his point of view.
For all transactions the goods are at the risk of the buyer when they are delivered to a forwarder or carrier at the latest when they are taken out of the warehouse or have left the supplier. Also in case of seizure of the goods, it is at buyer’s risk..
The seller is allowed to effect partial shipments in agreeable lots.
4) TIME OF DELIVERY
The obligation of delivery is subject to a prior complete and correct supply to the seller unless the seller is to be blamed for non delivery or delay in delivery. Delivery time is calculated from the date of the confirmation of order or the date of contract but before all details of the contract have been clarified.
Delivery time is extended by the time the buyer does not fulfil seller’s obligations, also in case of strike, by the duration of this interference. This is also valid for the date of delivery, accordingly.
For the observance of delivery time and date, the time the goods leave the factory or the warehouse is decisive. Delivery time is regarded as adhered to, from the time goods are declared ready for despatch, if the goods cannot be shipped in time, without seller’s fault.
In case of delay in delivery the buyer is only entitled to cancel the present contract, if he has demanded a cancellation in writing before and if the goods are not shipped within 15 working days from receipt of this letter by the seller.
5) NOTICE OF DEFECTS AND GUARANTEE
The buyer is to inform the seller by a registered letter about visible defects within 10 days from receipt of the goods and hidden defects within 10 days after he discovered them.
The buyer is not allowed to return the goods without having a written consent of the seller. The returning of the goods being approved by the seller is to be effected free of charge and at buyer’s risk.
6) COMMERCIAL AGENT
The agents acting on behalf of the seller are merely authorized to conclude sales contracts. They are not entitled to amend the contract and I or to accept notices of defects.
They are not allowed to collect money without having a written collection authorization.
7) RESERVATION OF PROPRIETARY RIGHTS
All goods delivered remain the property of the seller until all outstanding payments are settled, in particular, also until all open balances are paid which have occurred in the course of all transactions between the seller and the buyer. This applies as well to future claims and claims resulting from accepted drafts, also if payments are based on and against certain claims.
Buyer’s claims from re-sales of the privileged property, are now assigned to the seller. They serve to same extent for collateral security as the privileged goods.
The buyer is bound to notify the seller immediately of a distrait or another interference by a third party. The seller has the right to set off all claims he has against the buyer with all claims the buyer has against the seller, for whatever cause in law.
It is not admissible to set off with counterclaims which are objected by the seller or which are not proved final and conclusive. To make use of the right of retention due to such counterclaims is not allowed, unless these claims are not part of the contract itself.
8) GENERAL LIMITATION OF LIABILITY AND LIMITATION OF TIME
Unless otherwise stipulated herein, the seller is only liable for compensation claims if he fails to meet contractual and sub-contractual obligations wilfully and with gross negligence. The liability does not include damages - except with intent - which are most unlikely to be expected when executing the concrete transaction or damages for which the buyer is insured or can usually be insured for.
All contractual claims against the seller fall under the statute of limitations 6 months after they were surrendered, unless otherwise stipulated.
9) IMPERMISSIBLE DELIVERY TO A THIRD PARTY AND CONTRACTUAL PENALTY
The buyer is not allowed to deliver the goods, produced and delivered by the seller, to re-sellers - without having a written agreement from the seller - against payment or free of charge.
In case the buyer or the subsequent reseller does not adhere to this obligation the buyer is bound to pay a contractual penalty of 30 % of the contractual price for each case.
10) PLACE OF PERFORMANCE, ,
PROPER LAW OF THE CONTRACT PLACE OF JURISDICTION
Place of performance as to seller’s deliveries basis ex works is the supplying plant.
For whatever disputes which may arise between buyer and seller the CISG (the United Nations Convention on Contracts for the International Sale of Goods) is in force, unless otherwise stipulated in these General Terms and Conditions of the seller.
The seller has the right to choose as place of jurisdiction a court which is competent in respect of the location of the headquarters of his firm or a court which is competent in respect of the location of buyer’s firm.