General terms and conditions (GTCs)
General terms and conditions (GTCs) | IFT GmbH, Gewerbestraße 9, A-6271 Uderns
1. General Information, Field of Application
IFT GmbH uses these general terms and conditions (AGB) as the basis for all their delivery contracts with the clients. As long as no special agreements or conditions have been negotiated and expressly confirmed by us, the following AGB are valid, to which then the clients expressly declare their agreement when the contract is awarded. IFT does not recognize the contract obligations provided by the clients.
2. Offer and Conclusion of the Contract
All offers of IFT are subject to change. IFT expressly reserves the right to replace, at any time, designated materials contained in the bidding documents and design drawings with other equivalents. At the same time, IFT obligates itself to promptly inform its clients in that regard.
IFT is entitled to the unlimited property and copyright on all documents appended to the offer. The transfer of these documents to a third party needs the prior written permission of IFT-GmbH.
Offers and cost estimates are non-binding; the contract comes into being after the receipt of the order, in that the written contract confirmation is sent off by IFT. All contracts and their amendments require to be in writing. The client cannot derive the rights, of whatever sort, from the contents of the catalogues, advertising brochures and web presence.
The IFT prices, as per the effective pricelist and as per all IFT-price offers, whether written or verbal, remain subject to change/ confirmation and are to be understood as net (after tax), ex works exclusive of statutory value added tax. All prices are calculated on the basis of the available drawings and data record and are based on the estimation of the immediate costs for the raw material and work., In case of changes in design and data record, as well as in material prices, IFT reserves the right of price adjustment. IFT obligates itself at the same time to immediately inform its clients about the necessary price adjustment. If there is a gap of more than three months between the preparation of the bid and its execution, and the prices change in that time period, IFT is entitled, at the time of delivery, to undertake a corresponding price adjustment. Cost overruns that occur due to the inappropriate condition of the materials supplied by the client, will be billed separately by us.
4. Payment Conditions
The payment terms/period for the clients will be indicated by IFT in the offer and the invoice. The granting of a cash discount will be defined for each client in the offer, in the respective confirmation of order and commercial invoice.
In the event that the credit period is overrun, we reserve the right to charge default interest at a premium of 5% to the currently valid EUIBOR. An offset or retention by the purchaser is principally ruled out, unless IFT has recognized expressly in writing a counterclaim or the right to offset, or that has been legally stipulated. In special cases, IFT reserves the right to undertake delivery against prepayment or charge forward. This is true especially when the circumstances are such that the credit worthiness of the purchaser is diminished; in that case, IFT is also entitled to a cancellation of contract without it giving rise to any claims on the part of the purchaser.
5. Delivery, transport risk and terms
The respective scope of delivery results from the offer documents and from the order confirmation.
5.2 Bearing or risks
In case of delivery free domicile the risk is passed on to the customer as soon as goods are on his premises. In case of delivery ex works the risk is passed on to the customer as soon as goods have been handed over for loading to the carrier.
The transport insurance for delivery and removal of goods is not covered by IFT. It is arranged only if IFT are requested in writing to do so; the costs accruing are paid by the customer.
5.3 Delivery terms
On all IFT offers and order confirmations the delivery terms agreed upon are shown in writing.
Only in case of a delay in delivery caused by us the customer is at liberty to repudiate the contract, setting a grace period of at least 15 working days. Other claims respectively claims in excess thereof are excluded as in particular claims for indemnification, unless the gross fault or intent for the delay in delivery is with IFT.
6. Reservation of ownership
Goods delivered remain the property of IFT until complete payment of the purchase price by the customer.
In general delivery of goods is performed in IFT-packings.
The period of guaranty for products and performances of IFT amounts to one (1) year.
8.2 Notification of defects
The products and performances of IFT have to be examined immediately after take-over. Defects have to be reported in writing without delay.
Delays in examination and objection result in loss of any guaranty and indemnification claims.
The reprocessing or alteration of the products delivered is regarded as recognition of the correctness of the delivery. The occurrence of a defect does not entitle the contract partner to remedy the defect himself or to have it remedied by third parties. IFT have previously to be given the opportunity for improvement within an adequate term.
Trivial differences in the degree of processing are not regarded as defects and have to be put up with.
9. Indemnification and product liability
IFT are subject to the legal product liability. IFT are liable towards third parties for the legally regulated extent and amount of damage only. The customer obliges himself to pass on all warning-, reference- and operation instructions, issued by IFT, to his customers.
IFT maintain a liability insurance, adjusted to the general business risk.
10. Place of performance, legal venue, applicable law
Place of performance for both parties is A-6271 Uderns.
For all disputes resulting from the contract indirectly or directly (including bill-based or check-based claims) the court, locally and factually competent for A-6271 Udern, is herewith agreed upon as legal venue. For disputes resulting from contracts, Austrian law has to be applied.
The application of the UN purchase law is excluded.
Contract language is German.
Any and all product information, put at the disposal by IFT, remains the intellectual property of IFT. Any and all information, put at the disposal of the customer has to be treated confidentially and must not be passed on to third parties by the customer.
12. Partial invalidity
Should individual provisions of the AGB (General Terms and Conditions of Trade) be or become legally ineffective, the validity of the remaining provisions of AGB is not affected by it. The ineffective provision will be replaced by an effective one, the economic content of which comes as closely as possible to the objective of the ineffective provision.