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General Terms and Conditions

The present general terms and conditions (hereinafter also the terms of delivery) apply to all of our (hereinafter Seller) business relations with our customers (hereinafter Buyer).
Alternative agreements must be confirmed in writing.

 

TERMS OF DELIVERY


1. All offers are non-binding and non-committal.
 

2. Delivery is carried out at the price indicated in the current price list.
 

3. Delivery is carried out at the cost and risk of the buyer, even when the goods are delivered carriage paid. It is indicated that the risk shall be passed from the Seller to the Buyer immediately, once the goods have been handed over to the transportation company. The Seller is not liable for goods that become damaged through improper handling or storage once the goods have been handed over to the Buyer. Delivered goods shall not be taken back or exchanged unless special provisions have been agreed in writing. Custom-made products (e.g. the Buyer's own corporate design) are generally excluded from cancellation and exchange. In the case of custom-made products, the Buyer shall accept any manufacture-related over-delivery and not request completion of any short shipment, in line with standard commercial practice.
 

4. Goods are subject to standard commercial variation in terms of size, design, colour, nature, thickness and printing.
 

5. Due to the tendency of the processed plastic films to become brittle in temperatures of less than 10°C, particular care should be taken when using the goods at this temperature. The warranty that we provide with regards to the plastic films is limited by our warranty rights as defined by the supplier and/or manufacturer within a period of one week. The Seller bears the cost of the return up to a merchandise value of €10.00. The refund of damaged goods (with scratches, fingerprints, dents or similar) is excluded.
 

6. Complaints about delivered goods shall only be accepted if these are notified to the Seller within 3 days of receipt of the goods. Complaints received outside of this time limit shall not be considered. Complaints shall be notified in writing, and shall include the invoice number and the type and extent of the shortcomings. The Buyer shall bear the burden of proof for the shortcomings of the goods. We are liable for the correct manufacturing of goods according to the corresponding technical standards and for the use of faultless materials. In the event of shortcomings, the Buyer has the sole right to receive goods that are free from defects, in direct exchange for the return of the faulty goods. Goods must be returned in their original state, with the exception of the quantity of goods required for ascertaining the claimed shortcomings. The Buyer shall not be entitled to claim for damages nor withdraw from the contract. The Seller is entitled to credit the Buyer with the full sales price paid instead of replacing the goods.

 

7. Any further liability, as well as indirect or direct claims for damages and consequential damages, is excluded.
 

8. Delivery does not include handling of the goods nor the removal of pallets.

9. By accepting delivery, the Buyer recognises that delivery has been carried out in compliance with our terms of delivery and any possible conflicting terms of purchase of the Buyer are not applicable.

10. It is the responsibility of the invoice recipient to ensure payment of the goods.

11. The delivery times stated are non-binding. Longer delivery times can arise due to cases of force majeure and other circumstances that are outside our control.

12. Delivery is based on the proviso that the Buyer has fulfilled all his incumbent obligations.

13. Claims for damages as a result of late delivery are excluded.

14. All prices stated are in Euros and are, unless otherwise stated, exclusive of VAT, miscellaneous charges, customs and excise dues, transport costs, packing costs etc.

15. Unless otherwise agreed, invoices shall be paid promptly, in cash and in full. In the event of late payment, interest charges amounting to 12% p.a. above banks' conventional debit interest rates shall be incurred, in addition to accrued late payment charges and other costs. Complaints do not entitle the Buyer to retain payment.

16. In the event of late payment, the Buyer undertakes to compensate the Seller for resulting damages, in particular any extra-judicial recovery costs that have been incurred.
 

17. We retain the right to withdraw from orders before delivery in the event that the creditworthiness of the Buyer appears doubtful. This does not entitle the Buyer to claims for damages, including in the event that a partial payment has been made. Delivery is carried out on the assumption that there is no reason to doubt the solvency of the Buyer. The Seller is entitled to demand all outstanding dues if, after the conclusion of the contract, circumstances become known to him that create a doubt about the Buyer’s solvency or willingness to pay.

18. Delivered goods remain the property of the Seller until payment of the goods has been received in full, including all interest and charges. The Buyer is entitled to resell the delivered goods in the course of his usual business operations. In the event of a resale on a cash sale basis, the proceeds obtained to the value of the purchase price outstanding at the time of resale shall not pass into the ownership of the Buyer. The Buyer must keep the resale proceeds separate and immediately transfer the amount of any purchase price still outstanding to the Seller. Whilst the goods remain subject to retention of title, the Buyer is obliged to immediately notify the Seller in writing of seizures or other infringements on the rights of the owner.
 

19. The place of fulfilment and jurisdiction for both contractual parties is Amstetten, Lower Austria.
 

20. Notice concerning the right of withdrawal and return, according to Section 3 Paragraph 1 and Section 4 of the Austrian Consumer Protection Act
You are entitled to return all products, with the exception of those with customised design (custom-made products), within a period of 7 days, in compliance with the Austrian Mail Order and E-Commerce Sales Act. Customised design shall be defined as goods printed exclusively for you (e.g. your own corporate design). The right to return these products if you are not satisfied is excluded. You are entitled to exercise your right of withdrawal and return.

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