AGB´s

General Terms and Conditions of Sale and Delivery of Evamatic Handelsges.mbH COMMERCIAL TRADING Evamatic HandelsgesellschaftmbH (hereinafter referred to as EVAMATIC) delivers exclusively to customers who order for commercial purposes as well as to legal persons under public law or public law special funds. COLLIDING CONDITIONS 1. Unless otherwise agreed in writing and individual contracts, the legal relationships between the customer and EVAMATIC for the transactions described herein are based exclusively on the following conditions. Conflicting conditions of the customer shall not apply even if EVAMATIC does not expressly object in individual cases, especially if ordered goods are delivered without contradiction. This also applies if the customer refers to his general terms and conditions in his order or in the order confirmation. 2. If the customer does not agree with the above-mentioned handling, he must immediately point this out in a special letter. In this case, EVAMATIC reserves the right to withdraw the order without EVAMATIC being able to make claims of any kind. 3. These General Terms and Conditions of Business and Delivery also apply to future business, even if not expressly referred to, provided that they have only been received by the customer in the case of an order confirmed by us. PRICES 1. As the products offered are intended for commercial use only, all prices quoted in the catalog or other offers, unless expressly stated otherwise, are subject to change without notice in EURO plus the currently applicable statutory value added tax. 2. With the appearance of a new catalog / price list, previous editions become invalid, all older price details are no longer valid. 3. The price list valid on the delivery day applies. The prices are the legal value added tax applicable on that day. The prices are ex delivery warehouse. Shipping costs according to our freight cost conditions, if these are incurred, are for the account of the customer. SHIPPING COSTS, ACCEPTANCE 1. EVAMATIC charges within Austria from a net value of 100, - Euro shipping costs of € 7.90. For a value of less than 100, - EURO EVAMATIC will charge a minimum quantity surcharge of € 10,00. 2. Excepted from the regulation are all deliveries in the catalog with the note freight charges on request (freight forwarding charges). As well as all international shipments. International parcel shipping or freight forwarding shipments are generally subject to separate freight cost regulations. 2. EVAMATIC will only deliver to new customers cash on delivery or prepayment -2% discount. For COD shipments, we also charge a pro rata expenses allowance of € 9.90 per package. OFFERS, CONCLUSION OF CONTRACT, PERFORMANCE OBLIGATION 1. Orders will not be binding on EVAMATIC until they have been confirmed in writing or delivered by EVAMATIC. 2. For all deliveries or services, only the written order confirmation from EVAMATIC in conjunction with these General Terms of Delivery and Terms of Business shall prevail. 3. Changes or additions to the contract must be made in writing. The deviation from the written form must also be agreed in writing. 4. Offers are non-binding, unless a binding period has been specified by EVAMATIC. 5. Until receipt of the written order confirmation from the Buyer, EVAMATIC will not be bound by quantities, delivery times and intermediate sales. FIGURES, MEASURES, PRICE DETAILS 1. Illustrations, dimensions and prices in brochures and price lists correspond to the status at the time of printing. Changes to the design as far as they do not entail disadvantages for the customer or price increases are reserved by EVAMATIC. Unless otherwise stated, the prices refer to the items shown in the product description, but not to content, accessories or decoration. All illustrations are non-binding illustrations. Dimensions and weights may vary. Performance descriptions are generally to be seen within the framework of optimized framework conditions and may differ in practice. Especially for natural products no assurance can be given for a consistent surface finish or consistent color within a delivery. 2 We accept no liability for misprints in our catalogs or our internet shop. SPECIAL PRODUCTION, ADJUSTMENTS, PRINTING SESSIONS 1. Special productions and adaptations will only be carried out by EVAMATIC after the customer has confirmed in writing the correction deduction made by EVAMATIC. Prices and terms of payment are agreed separately here. Special designs are excluded from an exchange or right of return, provided that the printing or adaptation according to customer specifications / print approval has been made. 2. Costs for sketches and drafts, final artworks, samples, production of originals as well as services rendered for this purpose will be charged pro rata to the customer. The calculation also takes place if no further execution order is concluded. The designs, lithographs, printing blocks, punching knives and tools will in any case remain the property of EVAMATIC, even if the unit costs have been paid. 3. The duplication and other uses of the design created by EVAMATIC for the purposes of the customer and for third parties requires the approval of EVAMATIC. Designs enjoy the legal protection of intellectual property. If a design is made on the basis of a drawing template or an idea of the customer, the reservation of title refers only to the design as such, but not to the intellectual property of the customer. This restriction also applies to trademarks, equipment and other intellectual property rights of the customer or third parties. 4. When placing an order, the draft must be returned as it will then be required as a template for production. In this case the customer has to check in all parts, in particular the correctness of the text, mistakes have to be corrected. 5. EVAMATIC is not obliged to check whether components provided by the customer or templates are free of third party rights. The customer alone is responsible for this. 6. Production according to the proof copy returned by the customer shall release EVAMATIC from any liability for defects contained in the design and not corrected. 7. Deviations in color and material are reserved for production reasons, as well as changes which are necessary for technical or other technical reasons or if they are obvious defects that have been overlooked by the customer and are discovered during processing. 8. For printed matter and promotional items, EVAMATIC reserves a short or extra delivery of up to 10% for technical reasons. Incidentally, the conditions customary for the printing and paper industry apply. DELIVERY PERIODS, DELAYS 1. Delayed delivery times are approximate and are non-binding; they exclude claims for damages. If the delivery is not possible immediately from stock, the delivery time is usually 4-6 weeks. EVAMATIC will notify the customer in good time if delays or impossibility of performance and delivery occur. 2. With regard to the period for deliveries or services, otherwise the order confirmation from EVAMATIC shall prevail. The observance of the deadline presupposes the timely receipt of all documents to be supplied by the customer, necessary approvals, approvals, the timely clarification and approval of drafts, the observance of the agreed terms of payment and the settlement of all outstanding payments. If these conditions are not met in time, the deadline will be extended accordingly. 3. The deadline is deemed to have been met if the consignment has been dispatched or picked up within the confirmed delivery or performance period. If the delivery is delayed for reasons for which the customer is responsible, then the deadline for notification of readiness for shipment within the agreed deadline shall be deemed met. 4. If the failure to comply with the deadline for deliveries or services is demonstrably due to mobilization, force majeure, breakdowns of any kind, performance disruptions of our suppliers, war, riots, strikes, lockouts or the occurrence of unforeseeable obstacles, the deadline shall be extended appropriately. PACKAGING, INSURANCE 1. If the shipment is damaged or incomplete, a written complaint report must be made to the carrier / delivering freight forwarder immediately upon acceptance of the shipment in order to meet deadlines and the possibility of recourse under the General Freight Forwarder and Transport Insurance Conditions. SHIPPING, HAZARD The risk passes to the buyer as soon as the delivery has left our building or our warehouse. ACCEPTANCE OF REFUSAL 1. If shipment or delivery is delayed at the customer's request, storage fees may be paid to the customer starting one month after the readiness for shipment in the amount of 1/2 v. The invoice amount for each started month; the storage fee is reduced to 5 per cent. H., unless higher costs are proven. 2. In addition, EVAMATIC is entitled to dispose otherwise of the delivery item after setting and fruitless expiry of a reasonable period of time and to supply the customer with a reasonably extended deadline. 3. EVAMATIC is also entitled to withdraw from the contract after the expiry of the deadline and to refuse delivery to the customer. 4. Damage claims by EVAMATIC are not affected by the exercise of the right of withdrawal. PAYMENT TERMS, SET-OFF, RETENTION 1. Payments must be made in euros and must be made free of postage and expenses. They are due upon delivery on account with receipt of the invoice. COD charges are borne by the buyer. 2. Bills of exchange and checks are only valid after redemption and if EVAMATIC can dispose of the amount as payment. Bills of exchange and checks are accepted without obligation for timely presentation and protests. 3. If the agreed payment dates are not met, the customer will be in default without the need for a special notice of default. In the event of default, EVAMATIC shall be entitled to charge interest at the rate of 8% above the base interest rate of the European Central Bank from the relevant date. They are to be set higher if EVAMATIC proves the charge with a higher interest rate, in particular the interest rate for open overdraft facilities calculated by the commercial banks. They are to be set lower if the customer proves a lower load of EVAMATIC. The assertion of further damages caused by delay is not excluded. 4. In addition, EVAMATIC is entitled in the event of default to refuse all deliveries to the customer from other contractual relationships. EVAMATIC is not liable for any damages resulting from this non-delivery. 5. If EVAMATIC becomes aware of circumstances which are likely to significantly reduce the creditworthiness of the customer, EVAMATIC shall be entitled to immediately make all outstanding claims - also from other contractual relationships with the customer - due. Such circumstances include, in particular, the cessation of payments, the opening of insolvency or court settlement proceedings, the rejection of the application for insolvency proceedings for lack of assets, bills of exchange or checks, or other specific indications of deterioration in the client's assets. In these cases, EVAMATIC is also entitled to make further deliveries dependent on advance payments or security deposits or to withdraw from the contract. 6. The customer is only entitled to offsetting, retention or reduction, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. OWNERSHIP OF TITLE 1. Until all claims (including all balance claims from current accounts) that EVAMATIC is entitled against the customer and its affiliates for any legal reason now or in the future, EVAMATIC will be granted the following securities, which it will release upon request at its discretion, insofar as so their value exceeds the claims sustainably by more than 20%. 2. The goods remain the property of EVAMATIC Processing or reshaping is always carried out for EVAMATIC as the manufacturer, but without obligation for them. If the (co-) ownership of EVAMATIC lapses due to a combination or mixture, it is already agreed that the (co-) ownership of the customer in the unified object will be transferred to EVAMATIC in terms of value (invoice value). The customer holds the (co-) ownership of EVAMATIC free of charge. Goods in which EVAMATIC owns (co-) ownership are referred to below as reserved goods. 3. The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. If the customer pays the purchase price to his buyer, he must reserve the ownership of the reserved goods to him under the same conditions under which EVAMATIC has reserved the property upon delivery of the reserved goods. Pledges or chattel mortgages of the reserved goods are inadmissible. The customer hereby assigns all claims resulting from the resale or any other legal reason (insurance, unlawful act) regarding the reserved goods (including all balance claims from current account) to EVAMATIC in full, including value added tax. If the reserved goods are sold by the customer together with other goods not supplied by EVAMATIC at a total price, the assignment of the claim from the sale shall be made in the amount of the invoice value of the reserved goods sold by EVAMATIC. EVAMATIC revocably authorizes the customer to collect the claims assigned to EVAMATIC for their account in its own name. This collection authorization can only be revoked if the customer fails to duly fulfill its payment obligations or if EVAMATIC becomes aware of circumstances that could significantly reduce its creditworthiness. These are in particular the suspension of payments, the opening of insolvency or judicial settlement proceedings, the rejection of the application for opening insolvency proceedings for lack of assets, bills or check protests or other specific indications of deterioration in the assets of the customer. 4. In the case of access by third parties to the reserved goods, the customer will point out the property of EVAMATIC and inform them immediately. This applies in particular to seizures of third parties. Intervention costs and damages are borne by the customer. 5. EVAMATIC may demand the surrender of the goods secured by the reserved property if the customer has not paid the outstanding claims within a payment period set by EVAMATIC and EVAMATIC therefore withdraws from the contract. It is not necessary to set a period of grace if the customer seriously and finally refuses the payment. The right of the customer to own the reserved goods expires if he does not fulfill his obligations under this or any other contract. Irrespective of this, EVAMATIC may demand the return of the goods if it is entitled to claim damages from the customer or the customer has improperly handled the goods or if the same behavior has been committed in breach of contract, such as the improper transfer of the goods. COPYRIGHTS, RIGHTS OF VALUABILITY All copyright, exploitation rights reserved for all samples, drawings, plans, illustrations and other documents provided by EVAMATIC remain unrestricted. CLAIM OF THE CUSTOMER, COMPLAINTS 1. Any manufacturing or material defects which can be detected without special examination must be reported in writing to EVAMATIC immediately, no later than 2 working days after receipt of the goods. This also applies to wrong deliveries and shortages as well as other obvious complaints. 2. Failure to meet the deadline will result in the exclusion of all claims. Wrong deliveries and shortages are to be paid. 3. Otherwise, a free return by contract carriers or contract package services of EVAMATIC will take place after written notification. In the case of orders for return to any transport company commissioned by the customer, there will be no reimbursement of the costs for the return transport by EVAMATIC. WARRANTY, LIMITATION OF LIABILITY 1. Insofar as a defect for which EVAMATIC is responsible is known, it shall be obliged to rectify the defect or to replace it as far as the supplementary performance right is concerned, at the discretion of EVAMATIC. If EVAMATIC is unable to remedy the alleged deficiencies within a reasonable period, the customer may demand a reduction of the purchase price or a cancellation of the contract. If repair is required by the buyer at the exhibition venue, this can only be done for a charge of the resulting additional costs. The warranty period is - unless otherwise agreed - 12 months and begins as provided by law. 2. Unless expressly agreed, further claims of the purchaser - for whatever legal reason - are excluded. EVAMATIC is therefore not liable for damages that are not directly incurred in the delivery item; In particular, EVAMATIC is not liable for lost profits or other pecuniary losses of the customer. This limitation of liability does not apply insofar as EVAMATIC or its vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of essential contractual obligations or claims according to §§ 1, 4 of the Product Liability Act. Furthermore, the limitation of liability does not apply to claims for injury to life, limb or health that are based on a culpable breach of duty by EVAMATIC. The claims of the customer arising from a warranty granted or guaranteed by EVAMATIC or the manufacturer remain unaffected by the disclaimer. For claims for damages, which are not subject to any limitation of liability, the statutory periods of limitation apply. 3. Insofar as the liability of EVAMATIC is excluded, this also applies to the personal liability of our employees, employees, representatives and vicarious agents. DATA PROTECTION The address data and order data required for the transaction are stored electronically. In individual cases, we reserve the right to use the address data for the credit check. Otherwise, EVAMATIC uses the collected and stored data for sending and for its own advertising purposes. The customer may object to EVAMATIC at any time for advertising purposes. DISCLAIMER FOR FOREIGN LINKS We refer to our pages with links to other sites on the Internet. For all these links applies: Evamatic expressly declares that it has no influence on the design and content of the linked pages. Therefore we dissociate ourselves from all contents of linked third-party sites on www.evamatic.at and do not adopt these contents as our own. This declaration applies to all displayed links and contents of the pages to which links lead. PLACE OF FULFILLMENT, JURISDICTION, RIGHT OF LAW 1. Place of performance for deliveries and payments as well as place of jurisdiction is the registered office of our company. When concluding contracts with foreign contractual partners, Austrian law applies. LIABILITY OF THE CONTRACT Should any provision of these terms and conditions or any provision of any other agreement be or become invalid, this shall not affect the validity of any other terms or conditions. The contracting parties are then obliged to adopt a new provision that comes close to the ineffective provision.
Share by: