Delivery and payment conditons for online sales

(as of Juni 2015)

I. GENERAL

These conditions shall apply to all contracts for the sale of Goods by the DIng. Silberbauer Ges.m.b.H. & CO KG to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may seek to apply under any purchase order, order confirmation or similar document. Any variation to these conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the DIng. Silberbauer Ges.m.b.H. & Co KG.
These conditions apply with mutual agreement to the entire current and future business up to a written contrary agreement, even if in the case of an individual order placement within the framework of an existing business contact no special reference is made to these conditions.
Orders exceeding a value of 100,- € in Austria and 140,- € in EU-countries, respectively, are sent postage free!
For orders below a value of 45,- € we compute a minimum quantity surcharge of 6,- €
The prices stated are fixed prices. Unless otherwise agreed in writing, the prices stated are valid in Euros, including VAT, duty unpaid abroad excluding haulage costs, customs charges or any other tax or duty.
For goods imported into countries outside the European Union import duties can be due and these must be borne by the buyer. These import duties vary in different customs territories. The customer shall be responsible for paying all the necessary customs dues and fees in a proper manner.
Partial deliveries are permissible. The buyer will be informed in case of any delivery delays.
The acceptance and execution of orders can be made dependent on a guarantee or a payment in advance.

II. PAYMENT CONDITIONS

Unless otherwise agreed in writing, invoice amounts are payable at the latest 14 days after the invoice date net without deduction.
Bank transfer/ payments to:
Holder: DIng. Silberbauer VertriebsgesmbH & CoKG
Bank: Bawag-PSK
IBAN: AT126000000093033314
BIC: OPSKATWW
The withholding of payments due to any, either from us respectively from our suppliers, acknowledged counterclaims of the buyer is not permissible, nor the set-off against such counterclaims.
For payments after due date, default interest of 1% per month plus VAT will be charged. VAT is not applicable to VAT-exempt invoices.
We have no obligation to make further deliveries before the complete payment of outstanding invoice amounts, default interest and discount charges. If the buyer is in delay with a due payment, the seller is legitimated to require the cash payment of all outstanding deliveries before the supply of the goods.
In case of payment delay all reminder costs and collection expenses shall be reimbursed by the buyer, in particular the entire expenses incurred by us through the appointment of a debt collection agency as well as any court or execution costs.
In case of collection (purchase, order with collection date) at our office, payment shall be made in cash or with credit/cash card.

III. RESERVATION OF TITLE

Title to our goods only transfers to the buyer once the purchasing price of delivered goods is paid in full. In case of resale the buyer shall be obliged to assign claims of the purchase price arising from the resale to us.
With regards to the goods that are deliverd buy us shall remain our property also in the case of further processing. Joint ownership arises on our part and on the part of the processor relatively to the mutually processed parts of goods at the date of processing.

IV. DEILIVERY PERIOD

Specified delivery times ar non-binding. No responsibility can be attributed in case of delay of delivery of goods orderd caused by unforeseen events. Could the goods as a result of such events at all or only be delivered late, so grown up to the buyer by any sort of any claims.

V. PACKAGING, DISPATCH AND TRANSFER OF RISK

Packaging / dispatch is included in the price. Packaging will not be taken back. Due to environmental protection considerations, we also use used over-packaging to avoid putting new packaging into circulation.
With the conclusion of the purchase agreement respectively with the package leaving our distribution company the risk is passed to the buyer.
Tranpsort insurance is only provided on specific request of the buyer and at his/her expenses. Deliveries with signs of transport damages must be accepted with reservation and reported to the transport firm concerned for factual statement within the legal time period.
Complaints have to be made in writing and within 14 days of the receipt of the delivery, otherwise the delivery will be regarded as accepted.
Returning of goods requires our prior agreement.

VI. WARRANTY

The statutory warranty conditions shall apply.
According to the product liability law, general conditions apply to liability insurance (AHVB), supplementing general conditions for the liability insurance (EHVB) and the special conditions NR. 3401 valid in each case version at the time of signing of the purchase agreement.
During the processing of our distributed devices the relevant legal safety regulations and editions valid in each case version are to be followed.
Warranty:
All recently manufactured Silberbauer products: 3 years
All other recently manufactured products: 2 years
All used products: 1 year
Excluded from the warranty are batteries, accumulators and damage of the laser tube as well as damage by effect of mechanical foce (e.g. dropping) or by too high or too long working- or storage- temperature and damage by inappropriate handling.

VII. PLACE OF PERFORMANCE AND JURISDICTION

The place of performance shall be Vienna.
The Austrian law is exclusively applicable for any disputes arising.
The place of jurisdiction shall be Vienna.
Before judicial intervention the court of arbitration of the Chamber of Commerce of Vienna shall be contacted.

DIng. Silberbauer Vertriebsges.m.b.H.&Co.KG
Hießgasse 13 - 15
A - 1030 Wien

Telefon: +43 1 714 61 36
Telefax: +43 1 714 61 36 - 5
E-Mail: office@silberbauer.at
www.silberbauer.at