TERMS AND CONDITIONS OF BUSINESS
I. SCOPE OF THE TERMS AND CONDITIONS OF SALE
All deliveries and services of Gebol are provided solely on the basis of these Terms and Conditions of Sale and Delivery.
These also apply to future business transactions. It should be noted that the Terms and Conditions of Sale and Delivery are also provided on the company`s website www.gebol.at
However, these Terms and Conditions of Sale and Delivery only apply to business transactions with business persons (i.e. to trade and industry, including resellers); however, they do not apply to persons who are consumers as defined by consumer protection law.
With the handover of the ordered goods to the dispatch company the risk transfers to the customer. If the quantities ordered by the customer do not match the packaging and order units deliverable by Gebol, Gebol is entitled to round the order quantity up or down to the respective available packaging and order units. For individual orders with a total value up to € 140.- net, customers in Austria will be billed separately for the dispatch costs. If the order sum exceeds this amount Gebol will pay the dispatch costs. For deliveries to other countries, customers will be billed for the actual freight costs, if agreed freight-free limits are not reached. 2% of the net goods value will be shown separately on the invoices as an ARA and RP markup.
Provided the customer does not expressly instruct otherwise in writing, Gebol is entitled to have the goods dispatched by a company of its choice.
Invoices issued to customers by Gebol are payable within 14 days of the invoice date with 2% discount, within 30 days net,
also from the invoice date. If the delivery is to be sent abroad, Gebol is not obliged to send the delivery until it has received advance payment. Gebol is also free to send deliveries by cash on delivery (COD). In case of late payment or payment arrears, Gebol is entitled to invoice +8% late payment interest. In accordance with the agreement, in case of payment arrears the customer pays any reminder and collection expenses incurred by Gebol, including the costs incurred by Gebol for out-of-court collection of receivables by a lawyer.
IV. DELAYED DELIVERY
Gebol makes every reasonable effort to keep to agreed delivery periods / delivery dates punctually. Should, for whatever reason, Gebol is unable to deliver on time, the customer is not entitled to withdraw from the contract until they have set a written grade period of
at least 14 days in writing. Claims for compensation due to delayed delivery and the consequences of defects are excluded
by mutual agreement.
V. RESERVATION OF TITLE
All deliveries by Gebol are made subject to reservation of title. Only when full payment for the goods, including interest and any costs of collecting receivables, has been made is title to the delivered goods transferred to the customer.
VI. GUARANTEE AND COMPENSATION
Gebol provides a guarantee for delivered goods for a period of three months from delivery. Under commercial law provisions the customer is obliged to check for and report any defects immediately. Following expiry of the three month guarantee period, in accordance with the agreement, no claims to recourse can be made against Gebol, if the customer´s principal makes guarantee claims. Differences in the colour of the product and minor other differences do not constitute a defect, provided the functionality of the product is not impaired.
Gebol´s liability for consequential damages which can result from defects or faults in the product is expressly excluded. In this context it is clearly stated that Gebol does not produce the products itself. If a fault occurs, Gebol will provide the customer with the name of the producer (importer). In this regard it is agreed that the customer can also not make claims against Gebol under the provisions of the product liability law.
VII. OFFSET OF COUNTERCLAIMS
The customer is not entitled to offset their own accounts receivable against the receivables of Gebol, unless Gebol has expressly recognised the counterclaims or they have been finally established by a court of law.
VIII. CUSTOMER DATA AND ADDRESS CHANGE
If their address changes, the customer assures that they will inform Gebol of their new address in writing immediately. The customer declares that they agree to the saving of their disclosed personal data mechanically by Gebol and that Gebol may process such data within the scope of the business relationship.
IX. APPLICABLE LAW, PLACE OF JURISDICTION AND PLACE OF PERFORMANCE, OTHER AGREEMENTS
The legal relationship established between Gebol and the customer is subject to Austrian law. The agreed place of jurisdiction and place of performance is Steyr. Deviations from these Terms and Conditions of Sale and Delivery require the written confirmation of the Gebol management in order to be effective. This applies in particular if deviations are promised and declared by employees, agents and other representatives.
If the customer use their own terms and conditions of business on business documents sent to Gebol, these Terms and Conditions of Sale and Delivery of Gebol nonetheless remain valid.