Business Terms
General
The following terms are valid for all present and future sales, if not otherwise agreed with Ortner Ltd in writing. Divergent or verbal agreements are only valid if they are confirmed by Ortner Ltd in writing. Absolutely no rights can be derived from misspellings and other misunderstandings. The details contained in catalogues, leaflets, circulars, advertisements, illustrations and price lists on weights, measures, colours, price, performance and similar specifications are only approximate and are only obligatorily for Ortner Ltd if they were specified in the written order as a condition for transaction. The Business terms of Ortner Ltd are also valid, even when the buyer informs Ortner Ltd about divergent business terms of his own and does not receive any explicit contradiction from Ortner Ltd. Orders are only binding if accepted in writing. However, despite acceptance of the order Ortner Ltd is authorized to withdraw from the contract if there are justifiable doubts over the buyer’s ability to meet the agreed terms of payment.
Packing
The packing is carried out at the discretion of Ortner Ltd and with all advisable care. Special requests and special packing need to be accounted for by the buyer. Based on our license with ARA (Nr.: 16711) the ORTNER GmbH is not engaged to take bake the packaging material. This comes up to an environmental waste disposal. If standardized means of loading (pallets, bars boxes and the like) are not returned, these items will be charged to the customer.
Dispatching
The risk of dispatching/ transport is always carried out on the buyer’s risk from the distribution centre. Ortner Ltd is not liable to pay compensation for any damaged or lost goods. Any dispatching rules are observed. Insurances of any kind are only carried out if ordered and paid for by the buyer.
Retention of title
Goods will remain property of Ortner Ltd until all claims he is entitled to either on delivery or in the future are fully paid. By processing the product with other goods belonging to the buyer the buyer does not acquire the right of ownership of the new object; the processing is rather carried out for Ortner Ltd by the buyer. If the retained goods are further processed with other goods, belonging to the seller or having been bought under a simple retention of title Ortner Ltd becomes sole owner of the processed product. If the retained goods are processed with other goods having been bought under prolonged reservation of title likewise, Ortner Ltd acquires the co-ownership of the new object in proportion of the invoice value of the retained goods to the invoice value of the other finished goods. If the buyer sells the retained goods the buyer thus assigns all his future claims against his buyers to Ortner Ltd and obliges to add a cession mark on all invoices about retained goods, so that all payments with a debt exempting effect can only be made to Ortner Ltd. The buyer is obliged to immediately inform Ortner Ltd about any possible access of third parties to the retained goods.
Delivery times
The given delivery times are non-obligatory and are only to be treated as approximate. They start only once all technical and administrative delivery questions have been clarified. Unless special agreements have been made, Ortner Ltd is also entitled to conduct partial deliveries. Any kind of unforeseeable obstacle and cases of force majeure authorize Ortner Ltd to postpone the delivery times adequately or to cancel the delivery at all. Cancellation of the contract on part of the buyer because of a delayed delivery is only possible when an adequate extension of the delivery time was unsuccessfully granted to Ortner Ltd. Claims for damages due to late, ceased or partial delivery are impossible.
Prices
All prices quoted by Ortner Ltd are as of distribution centre. Unless agreed otherwise, the prices charged are those valid on the day of delivery. The legal value added tax is invoiced separately.
Payment
For first transactions, in principle, we only deliver if invoices are promptly paid. The complete purchase price is due without any deduction within 30 days as of invoice date or with a 2% cash discount within 14 days. For the time being, however, Ortner Ltd grants, a 2% discount if goods directly collected from the distribution centre are paid in cash. In special cases Ortner Ltd reserves the right to require a down payment representing the size of the order on order acceptance. Bills of exchange and cheques are only accepted for payment. The crediting of vouchers is subject to incoming payments and valuta value is credited on the date of income. With the encashment and discounting these papers' accumulating costs and taxes, interest and levies of any type are always debited to the buyer all. Ortner Ltd is authorized to decline the acceptance of bills of exchange and cheques without providing detailed reasons for this decision.
Delay in payment
If invoices are not paid in time, Ortner Ltd charges default interest which is 2 % higher than the respectively valid current interest rate, plus value added tax. Furthermore Ortner Ltd charges for those costs which accumulate as a result of reminders, extrajudicial collection of claims, registration or participation in the bankruptcy, compensation or coercive compensation proceedings.
Guarantee
warranty claims have to be made in writing and immediately after their observation, yet at the latest 8 days upon receipt of the shipment. The buyer’s warranty claims are limited in that Ortner Ltd can free themselves from claims to termination of the contract or to an adequate price reduction by exchanging of the unsatisfactory delivery by a satisfactory one within one months notice as of receipt of claims. The warranty claim expires a month after its rejection by Ortner Ltd at the latest. Any further warranty claims, the compensation of resultant damages in particular, are generally excluded.
Returns of goods
The buyer does not have any right to return any product duly delivered by Ortner Ltd. A return is only possible with previous consent of Ortner Ltd, if goods are still in the original package and if returned free of all charges to the distribution centre. On return of goods manipulation charges of 10% of the net goods value, but at least € 12.00 need to be paid. Specially manufactured models or material having been used cannot be taken back.
Date protection
The buyer acknowledges that the complete accountancy of Ortner Ltd is supported automatically. According to the regulations of the federal law of 18.10.1978, BGBl. 565 (data protection law), § 17 and 18, the customer hereby agrees to the necessary storage and processing of data arising from the business connection between the customer and Ortner Ltd, as well as to the transfer of these data to third parties, provided that these data neither concern the private nor the family life of the customer.
Place of jurisdiction -- place of performance
Place of performance and place of jurisdiction for all rights and all duties resulting from the transactions are St. Pölten; Austrian law has to be exclusively used for all disputes; this also applies to the interpretation of these business terms.
