GENERAL TERMS OF BUSINESS
A.O.G. SERVICE- UND BERATUNGSGES.M.B.H., SALZBURG
General terms of business
We supply exclusively only on the basis of these terms of delivery and payment unless other terms have been specified expressly in writing. These conditions shall apply for subsequent business even if no further reference has been made to the general terms of business.
Completion of the contract
Quotes - written or verbal - are free and not binding. No orders are accepted via the Internet.
Guarantee
The guarantee period for all purchased and supplied items and systems is 2 years with effect from the day of acceptance/transfer of ownership.
Prices
All prices are in EURO plus statutory VAT. Freight charges are to be paid by the customer. We reserve the right to charge a standard rate for delivery.
Changes to orders
Subsequent changes to orders, quantity changes and cancellations can only be accepted if no costs have been incurred. In this case the customer will be charged for the costs.
Delivery dates
Delivery dates and delivery periods, which may be agreed in binding or non-binding manner, must be indicated in writing. Delivery periods begin upon completion of the contract. In the event of delays in delivery (also including subsequent deliveries), we reserve the right to make partial deliveries. The delivery date confirmed by us is an expected delivery date and applies to shipment ex works. We will make every reasonable effort to ensure delivery on time. The customer is entitled to withdraw from the contract on grounds of failure to meet the delivery deadline only if an appropriate extension has been submitted in writing. Failure to comply with the agreed delivery deadline does not entitle the customer to file claims for damages. The customer may not cite a lack of concern for delivery.
Complaints and returns
The customer is obliged to examine the product immediately upon receipt for the quantity, condition and assured content thereof. Hidden defects must be reported within 14 days of discovery, and written notification must follow no later than 3 months after the delivery. If the customer intends to file a deficiency claim, the claim on grounds of obvious defects is only admissible within one week of delivery, otherwise the vendor is exempt from liability for defects. Work carried out under the terms of the warranty are performed free of charge for the customer. For the entire duration of the warranty period, the customer must send defective articles free of charge to the vendor or the manufacturer's authorised repair workshop. The customer is responsible for safe transport. After the device has been repaired, it will be returned to the customer free of charge. The shipment date and the date of receipt of the response letter shall determine the calculation of the return period. The customer must allow us - on the basis of reasonable judgement - the time and opportunity necessary to correct the defect. If the defect has not been repaired or a replacement has not been delivered after expiry of a set grace period, or if improvements or replacements are impossible or refused by us, the customer shall be entitled to choose between cancellation of the contract (annulment) or reduction of the purchase price (reduction). Custom-made goods cannot be exchanged. Unannounced returns and unfranked correspondence will not be accepted and will be returned to the sender. The customer is not entitled to make any claim for compensation on grounds of active breach of conditions or violation of obligations during contract negotiations or on grounds of forbidden action. The above shall not apply in cases of mandatory liability for intent or gross negligence on the part of the supplier, its legal representative or its vicarious agents. This limitation of liability applies also to the customer.
Damage during shipping and delivery
All goods are shipped at the cost and risk of the customer. The risk passes to the customer as soon as the goods have been deposited at Athens airport and been released as cargo. In the case of damages during shipment, please ensure that the packaging and all shipping papers are retained. Contact the relevant shipping company (e.g. British Airways, Olympic Airways) and have them confirm the damage in writing.
Terms of payment
The customer must pay 50% of the total cost to the vendor upon ordering and 50% upon receipt net cash unless other terms have been agreed. For new customers, we reserve the right to deliver only after pre-payment. Orders can only be made in writing, and with complete postal address and telephone number (no mobile phones), to our company address or by fax - each with a legally authorised signature. The delivered goods shall remain our property until they have been fully paid for. Until then, the customer is forbidden to mortgage or transfer ownership of the goods, and may only dispose of the goods to resellers under the conditions of a normal business transaction. Any costs arising from intervention must be paid by the customer. According to the prevailing legislation, interest and commission in an amount 5% above the respective basic rate become due upon default of payment without the need for dunning notice. In general, we only deliver abroad following pre-payment unless other terms have been agreed. Bank charges due to payment through a foreign bank are to be paid by the customer.
Retention of title
The goods shall remain our property until all claims, including anticipated and qualified claims arising from our business relationship have been paid.
Data protection
We store and use your customer data solely for purposes of performing our contractual obligations (under certain circumstances associated businesses for checking credit status) and for the delivery and performance of service contracts. Naturally, your details are treated as confidential.
Partial nullity
If one provision of these delivery and payment terms or of an underlying sales contract (order) is or becomes void, the validity of the remaining conditions - if in doubt - shall not be affected thereby. The invalid condition shall be replaced by a valid condition reflecting as closely as possible the spirit and purpose of the original.
Legal venue
Salzburg is sole legal venue.
A.O.G. Service- und Beratungsges.m.b.H.
Gut Oberdruckentann
Spumberg 19
A-5421 Adnet near Salzburg
as at 01/09/2002
