1. Provided the special terms and conditions do not state otherwise, these conditions of purchase shall apply. They shall also apply in the event that the contractor makes no reference to them in the order confirmation or solely refers to his own conditions.

2. Orders that have been arranged orally shall only be valid following written confirmation from us containing the order number.

3. Order confirmations must reach us within one week where possible, and only the copy or duplicate of our order will be acknowledged as such. Deviations from our conditions of contract, particularly regarding prices, shall be effective only upon our written confirmation prior to delivery or execution. We reserve the right to revoke the order if we do not receive confirmation of order acceptance within 2 weeks.

4. Unless alternative arrangements have been made, prices shall be fix and cannot be modified. In the case that a slip has been arranged, price modifications shall only apply to the aspects of delivery or execution carried out therafter which have not yet been paid for.

5. Order identification data (order number, facility, subject-matter of contract) shall be quoted on all written documents such as letters, packing lists, despatch notes, invoices, freight documents, etc. Detailed despatch notes shall be sent to us directly and in duplicate. All deliveries must include a packing list. Failure to include the packing list will delay order acceptance and payment.

6. Delivery will be made packed, free place of destination, and at the contractor’s own risk. Any costs resulting from noncompliance to the shipping instructions will be charged to the contractor.

7. Deliveries and services will be accepted only after thorough inspection at the place of delivery. In case defects are discovered subsequently, the conditions of paragraph 377 of the German Code of Commercial Law (Handelsgesetzbuch) shall apply.

8. The contractor undertakes to take back any empties which have been delivered against payment (e.g. cable drums, pallets etc.) as well as any packaging resulting from transport or sale that cannot be disposed of by a collection system in exchange for reimbursement of expenses at his own risk and expense.

9. Undamaged goods that have not been treated or processed by the client must be returned upon the contractor’s request and credited to the sum presented in the original invoice.

10. The delivery or completion dates stated in the order are binding. The contractor shall inform us of any potential delays as early as possible and request permission for an alternative date in writing. In case of a missed deadline without prior agreement, we reserve the right to deduct a penalty of 0.5% for each week of delay that has begun up to 5% of the total price. We reserve the right to refrain from charging this fine in case the delivery is made or the job is executed within what we consider to be an acceptable timeframe. However, we shall also be entitled to withdraw from the order in case of delayed completion.

11. Should the deliveries or order execution fail to comply with the order or the applicable specifications and standards, we shall be entitled to reject them and claim a proper delivery respectively execution, the rectification of the defects or an appropriate reduction in price, notwithstanding our statutory rights. The warranty period shall be three years, beginning with the acceptance of new parts respectively the time of assembly of any replacement part. Defects pertaining to faults in material, design, production or assembly that arise within the warranty period must be rectified at the expense of the contractor free delivery to the place of use, including any additional costs. In the case that the contractor does not comply with these requirements, we reserve the right to rectify any defects at his expense.

12. In case any drawings, operating instructions, lists of replacement parts or the like are necessary or customary for the deployment or maintenance of the object of purchase, these shall be an integral part of the order and shall be submitted to us in duplicate upon acceptance of the deliveries or services at the latest.

13. Invoices shall be submitted in triplicate. We reserve the right to return any invoices unprocessed that do not comply with our requirements or that cannot be checked due to missing shipping documents (see point 5). The submission of any such invoices shall not be acknowledged until their resubmission has been accepted.

14. Unless stipulated overleaf or separately agreed, payment following satisfactory delivery or completion will be made within 30 days of invoice receipt with a cash discount of 3%, or within 90 days of the full amount. Cash on delivery requests will not be accepted. Cessions shall be subject to written agreement. In the event that a down-payment or payment in part has been agreed, the contractor shall request it timely and in written form. For each payment made, the respective percentage of the order value will be satisfied.

15. Any sketches, drawings or templates provided to the contractor shall remain our property and shall not be used otherwise. They shall be returned to us upon acceptance of the delivery or order execution at the latest.

16. The contractor shall be liable for any defects of title and shall hold us harmless and indemnify us in the event of any patent disputes resulting from the order. In addition, the contractor shall guarantee us the unrestricted use of the delivered items and/or installed facilities.

17. The exclusive place of jurisdiction for both parties shall be the competent court at the place of the registered office of our company in St. Pölten.

18. By accepting this order you expressly declare your agreement in accordance with the German Data Protection Act (Datenschutzgesetz) that information from this business case may be disclosed to third parties (planning companies, proprietors, insurance, etc.), but not to any competing companies.