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Terms of delivery
A. Liabilities concerning general terms of delivery :
  1. The delivery is carried out in compliance with the following conditions, which are considered to be accepted during the order placement and are obligatory for the supplier and customer. For actions determined by differed agreements a confirmation letter is required. Installation of the supplied items is carried out in compliance with the construction conditions of Austrian Union of Machine Industry and Steelwork and Iron Structures.

B. Prices and terms of payment:

  1. The prices are based on the cost effective at the moment of price setting. In case the changes in prices occur before the delivery, they are made in favour of or not in favour of the customer.
  2. When concluding the contract with unspecified prices, the prices are calculated in accordance with the effective transfer price as of the day of delivery.
  3. The prices are ex-works prices excluding package unless otherwise agreed. The package is standard at the customer’s cost and is resumed only by agreement.
  4. In case the time limits and payment were not agreed in the written confirmation, 50% of the amount shall be paid with the order and the rest of the amount with the announcement of the readiness for shipping.


C. Dimensions, weight and quantity:
Images, drawings, copies, dimensions and weight data in catalogues, offers, advertising publications, booklets, etc. are approximate, i.e. the changes may occur. The schemes, drafts, other technical documents, samples, catalogues. booklets, images, and other materials remain the intellectual property of the supplier and are protected in accordance with the correspondent legislative instruments concerning distribution and business rivalry.


D. Fulfillment:

  1. The accepted order is fulfilled by the supplier:
  2. a) for delivery from the works after the announcement of the readiness for shipping;
    b) for delivery due to agreed terms of payment:
         1) in case payment is made by the customer with the shipping of goods from the 
              sullying-factory;
         2) in case the payment is made by the customer with the delivery of the goods to the agreed          place;
    c) for the delivery and installation of the items after the construction is completed.
  3. In case shipping form the supplying-factory or the construction is delayed not due to supplier’s fault, the announcement of the readiness for shipping is considered the date of order fulfillment.

 

E. Transfer of risk:
The supplier bears the risk for delivered goods only on the territory of the supplying-factory. When the goods leave the supplying-factory the risks are transferred to the customer excluding the fate of order fulfillment (paragraph D). The customer shall provide appropriate protection and unless otherwise agreed shall also provide the insurance protection at its own discretion and expense. The supplier provides the insurance protection only if there is a written confirmation concerning this matter.

 

F. Delivery time:

  1. Delivery time is considered to be approximate and is set after the final approval of the technical, commercial and financial matters of the delivery. The customer shall accept the supplier’s services before the expiration of the delivery time.
  2. Delivery time compliance depends on the performance of the obligations under the contract by the customer.
  3. Force-majeure circumstances and other encumbrances during production or delivery that cannot be predicted or influenced by supplier or its contractor increase the delivery time without any claims form the customer.
  4. In case the delivery delay is due to the supplier’s fault, the customer has the right to claim the fulfillment of the order or the termination of the contract with setting the proportionate delivery time. The contract is terminated only in case the customer did not use the set respite. Other claims filed under other pretexts are excluded. The termination of the contract at the customer’s initiative in case purpose-made equipment was manufactured is also excluded.


G. Supplier’s responsibilities for defective products:

  1. The supplier is responsible for defective products in case the customer is not bound by the obligation to appeal them at once in compliance with the law. The supplier shall at the customer’s option either remedy the defects or deliver new hardware form the factory which became wasted within six months from the date of fulfillment (paragraph D) due to poor-quality construction or operation deficiency.  
  2. The information about these defects shall be submitted to the supplier in written form. The corresponding hardware at its request are also sent to the supplier at the customer’s cost.
  3. The supplier is not liable for damage due to wear, improper servicing, beyond the normal operating conditions.
  4. In case the customer eliminates the defect within the warranty period, the supplier covers the expenses if it was agreed upon.
  5. In case of delivery with installation, the supplier is liable only if the breaking-in and putting into service processes are carried out by its own experts after finishing the installation. If the delivery is delayed without the supplier’s fault, see paragraph D2 for liability terms for defective products.
  6. The customer is liable in accordance with the abovementioned terms. In case the products for delivery are manufactured by the supplier on the basis of data, drawings and models provided by the customer, the customer is liable to the supplier for all the damages and legal consequences concerning patent law. In such cases the supplier is liable not for the accuracy of the construction, but for the compliance with the data provided by the customer.
  7. Liability of the supplier applies only the elimination of the defects due to the supplier’s fault and excludes all other customer claims including those concerning consequential damage.
  8. The supplier does not provide a warranty for repair works or modification or remodeling of all (and external) machines. 


H. Retention of title clause:
Before the complete repayment of financial liabilities by the customer, the supplier reserves the property rights concerning the ordered object. The customer agrees to enter this clause in the registry book before the shipping date. In case of seizure of property or other restriction of rights the customer shall use the supplier’s property right and promptly inform the supplier about this.
In case the ordered object under the retention of title clause is operated by the supplier or is connected with another object, common share ownership of the supplier and customer is applied to this object. Thus the newly formed object cannot be realized by the customer without sanction of the owner with the property right. In case the object under the retention of title clause is sold by the customer, the customer shall point out the right of property of the supplier and the fact that a retention of the title clause in favour of the latter. The second customer takes the possession of the ordered object only in case it pays the purchase price share for the object to the supplier.



I. Delay in payment:

  1. In case the customer permits the delay in the agreed payment or any other payments, it shall pay a fine for the delay at a rate set by top Austrian banks for interests and expenses for blank credits.
  2. At the same time the supplier has the right to announce the delay in payment for the unpaid balance with granting of indulgence in case the goods are already delivered, and call for payment of the rest amount or call for return of goods and compensation, which comprises compensation for price decline and breakup fee in the amount of 10% of the transfer price and which is calculated based on the repayable amount received from the customer.
  3. In case the goods are not delivered, the supplier has the right to announce the termination of the contract instead of calling for fine. If the goods are tradable, the supplier receives the termination fee in the amount of 10% of the termination fee with the received payment; if goods are non-tradable, the additional reimbursement of the manufacturing expenses is received by the supplier, while the half-finished items are shipped to the customer. 

 

J. Location and court jurisdiction:
The delivery and payment location is the legal address of the supplier. All the questions at issue concerning the contract are subject to the jurisdiction of the court in Kufstein. The supplier has the right to file a lawsuit at the domicile of the customer. For the benefit of the customer and supplier the provisions of the Austrian civil law are in force, in case they are not regulated in the above-mentioned terms of delivery or differed written agreements were not made.

Contacts

Seiwald Blechform GmbH

Achenstraße 14
A-6322 Kirchbichl

Tel.: +43 (0)5332 / 77491-0
Fax: +43 (0)5332 / 77491-50
E-Mail: office@seiwald-blechform.at

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