Delivery conditions of the Austrian folding box industry
1. Area of application
These delivery conditions apply exclusively for business transactions between companies. They are not applicable to legal transactions with consumers in accordance with § 1 Para. 1 line 2 of the Consumer Protection Act (BGBl). No. 140/1979.
a) Prices are only binding if they are provided by the supplier in writing or have been confirmed on a written order confirmation of the supplier.
b) The price commitment of the supplier shall not apply:
- in the event of collective agreement regulations for wage or salary increases
- if there is an increase in public tariffs
- if there is an increase in raw material costs
c) The prices are quoted 30 days net cash. If payment of the complete invoice amount is made within 14 days of the date of invoice, 2% of cash will be refunded.
d) Delay of payment from the due invoice deadline date will result in charges and interest of the minimum lending rate of the Austrian national bank, increased respectively by 2 percentage points.
3. Order processing
a) Conclusion of the contract and deviations
The buyer shall verify the proofs and samples produced by the seller regarding all essential and required characteristics used for the production of the packaging. To the extent that corrections are necessary, they must be clearly marked.
Any deviations from the order confirmation of the order must be the subject of an immediate complaint in writing within 6 days of the issue of the confirmation of order. Otherwise the contents of the confirmation of order, including the terms of delivery, are deemed as confirmed.
The quality of the raw and auxiliary materials used by the supplier is deemed to be perfect if it corresponds with the delivery conditions of the paper industry, the chemical industry or any other relevant industrial group. The supply of defective goods up to a total amount of 2 % of the total quantity supplied may not be the subject of complaint.
Corrected proofs and print proofs shall be checked by the client and shall be returned to the supplier with the declaration "ready for print". The supplier shall not be liable for any errors caused by, or due to, the client. Changes communicated by telephone must be confirmed in writing.
In the event of changes following print authorisation, all charges shall be paid by the client, including the costs of machine downtime.
Divergences between proof and production ascribable to the printing process cannot be considered as faults.
The supplier guarantees the proper printing of the EAN barcode in accordance with fair merchantable quality and according to the specifications of ÖNORM A 5410 provided the code print stipulated in the order corresponds with the recommendations of this standard.
The supplier cannot accept responsibility for any warranty that goes beyond this.
If the customer provides the print originals, including the master films as barcode originals, he shall bear responsibility for their quality and correctness.
c) Quantity tolerance
With the receipt and payment for surplus or deficit shipments up to +/- 10 % of the ordered quantity, the customer declares his agreement. For orders with packaging consisting of several elements, the supplier is entitled to supply pieces with missing supplementary parts within the boundaries of the quantity tolerances up to +/- 2 % of the total amount.
d) Delivery deadline
In the absence of any agreed date of delivery, the delivery period counts as the period of time between the date of order confirmation and the date of the announcement of readiness to deliver to the customer on the basis of the agreed deadline. The delivery deadline shall only begin after approval of the sample prints by the customer and after transferral of all work documents required for carrying out the order by the supplier. The delivery deadlines do not include the times the customer uses to examine printed materials, samples, printing plates, etc. In the event of changes to the contents of the order, a new delivery time shall be agreed in writing.
e) Call orders
The acceptance of the complete order must be carried out within 6 months after the agreed first call date. For every started month which the customer exceeds with a call or payment, 1 % shall be added to the respective invoice value for storage and for value of goods interest payments.
In the absence of agreements to the contrary, calls shall be made monthly. If the customer wishes to make several calls each month, the supplier has the right to bill any additional costs incurred.
Goods not accepted on schedule can also be stored at the supplier's, or otherwise also in a public warehouse at the cost and risk of the customer, after a repeated request for acceptance.
g) Hindrance clause
Cases of force majeure, as well as strikes and lock-outs from work, unforeseen machine damage, impossibility of raw material procurement, delay in the delivery of raw materials and similar, shall partly or completely release the supplier from compliance with its delivery liability.
h) Delivery delay
In the event of delivery delay, the customer shall grant the supplier a reasonable extension of time.
4. Property rights and copyright
a) Property rights
Typesets, printing plates, lithographs, films and plates, matrixes, stamps, stereos and masters as well as all other tools required for the production process manufactured by the supplier remain his property, even if the customer has made payment for them. This also applies to work tools which were manufactured by the supplier or by a third company on its behalf. The costs accrued for this by the supplier shall be charged to the customer. Draft designs and idea specifications must not be made accessible to third parties for commercial use.
The customer shall bear full responsibility for violations of the copyright law and shall indemnify the supplier from damage and liability if there are any copyright claims from third parties. The supplier has not obligation to make enquiries concerning the circumstances of copyright.
5. Receipt of goods and warranty
a) Apparent defects must be announced within eight days, hidden ones within three months of acceptance of the goods. If only part of a delivery is defective, rejection cannot be asserted in respect of the entire delivery.
b) In the case of defective goods, the customer only has the right to demand a reduction in price or delivery of goods without defect in exchange under exclusion of any other rights.
6. Product liability
Liability for material damages resulting from the product liability law, BGBI. 99/1988, as well as any product liability claims that could be derived from other provisions are excluded.
These limitations of liability must be completely adhered to by all purchasers, with the obligation of further adherence.
The delivery item only offers the level of security that can be expected, under consideration of the material-specific characteristics.
The supplier reserves the right to affix its company name, company text or plant identification number and the product symbol to all deliveries in accordance with the space available and without affecting the printed image.
8. Place of implementation and jurisdiction
Seat of the supplier.