General Terms and Conditions of MSW Gesellschaft mbH, 5201 Seekirchen, FN: 430853 LG Salzburg

I. General:

These conditions of sale and delivery apply to the contract in question as well as to all subsequent contracts. We object to conflicting terms or restrictions for both physical and consequential business. There are no further agreements. Changes in our conditions or deviating conditions are only binding for us in individual cases if we expressly agree to these changes or deviations in writing.

II. Offer, orders:

Our offers are non-binding. Orders, orders, etc. are only binding for us by written confirmation (also on invoice or delivery note).

III. Delivery:

Deliveries are always made at the confirmed prices and conditions. If we can not deliver, the customer can withdraw from the contract; Any further claims of the customer are excluded. We are also entitled to deliver the deliveries in parts. The customer is not entitled to reject partial deliveries. A delivery obligation does not exist if we ourselves were not supplied in accordance with the contract, not correctly or not on time.
Deliveries are made on account and at the risk of the recipient of the goods.

IV. Quality of goods:

The condition of the goods as well as their purpose of use / use results from the goods description. Each sale of goods is therefore based on these parameters. Any further properties are only accepted if expressly confirmed in writing.
Application, use and processing and use of the delivered goods are beyond our control and are the sole responsibility of the customer. Our advice in writing or in writing is only a non-binding note.

V. Shipping:

Unless otherwise agreed in writing, the risk of loss, loss, damage or deterioration of the goods shall pass to the customer upon delivery / handover to the transporter / carrier or upon collection from the customer.

VI. Payment:

Deliveries shall be payable on the basis of the notices on the invoices, excluding any compensation. If there are reasonable doubts as to the customer's solvency or creditworthiness, we may rescind all ongoing contracts for unfulfilled deliveries or make further fulfillment of our seemingly appropriate collateral, including cash in advance. Payments are deemed to have been made only when the amount is finally available in our account.
In the event of late payment default interest in the amount of 9% above the respective base interest rate shall be deemed agreed; the assertion of further default or non-performance claims remains reserved.

VII. Retention of title:

The ownership of the delivered goods shall only pass to the customer after full payment of the liabilities, up to this time the delivered goods remain our property. The customer hereby assigns to us the claims arising from the resale or any other legal reason regarding the reserved goods in the full extent to us as security. In the case of access by third parties to the reserved goods, the customer is obliged to point out our ownership and to inform us immediately.

VIII. Force majeure, contractual impediments:

Cases of force majeure include, for example, loss of production, operational or traffic disruptions, fire damage, flooding, failure of upstream suppliers or other obstacles which prevent, delay or render unacceptable the manufacture, delivery or acceptance. For the duration and extent of the disturbances due to force majeure, we are exempt from delivery and acceptance. If the delivery and / or acceptance is exceeded by more than eight weeks due to the disruption, both parties are entitled to dissolve the contract. In the case of dissolution, the customer is not entitled to assert claims for damages against us.

IX. Warranty and damages:

Notification of defects must be made in writing immediately after delivery of the goods under a concrete description of the defect as well as by submitting invoice numbers or batch numbers. The customer is obliged to inspect the delivered goods immediately for any defects. Duly substantiated and justified complaints we will comply with our choice by price reduction, exchange or return of the goods complained of. The objected goods are to be kept by the customer for inspection. The warranty period is one year from date of delivery. Claims for damages and claims for recourse by the customer, claims for damages resulting from consequential damage or breach of contractual ancillary obligations are completely excluded in the event that we or the persons acting on our behalf are only responsible for slight negligence. Each type of compensation claim is limited in height to the respective invoice value of the goods affected by the defect.

X. Place of Performance and Jurisdiction; Effectiveness clause:

The place of performance for the delivery is our registered office, for the payment, the billing address indicated on the billing document. The place of jurisdiction is the court of competent jurisdiction in Salzburg / City, which has been agreed as exclusively competent. However, we are entitled to assert our claims at the general place of jurisdiction of the customer. Austrian law applies excluding the UN sales law.

If some clauses of these General Terms and Conditions of Sale and Delivery are invalid in whole or in part, this shall not affect the validity of the remaining clauses. The ineffective provision is replaced by such, effective, which comes closest to the economic purpose of the invalid provision.
Verbal side agreements were not made, additional services or liabilities were not agreed. Contract changes must be made in writing. Agreements that are not confirmed in writing have no validity.

These General Terms and Conditions of Sale and Delivery, with the exception of the agreed retention of title, do not apply to consumers.