General Terms of Use

Valide from January 2017

Gustav Schmiedl Ges.m.b.H & Co KG

  1. All offers are free. For obligations arising from this contract, our written order confirmation shall prevail. The prices are ex works and apply only to the requested quantity.
  2. The type of shipment can be chosen by the contractor. Deliveries are not free. Express deliveries are charged separately. Special agreements apply to deliveries outside of Austria. All information about delivery time is only approximate and without obligation. Claims for damages in case of late delivery are not accepted.
  3. Complaints must be made in written form within eight days after receipt of the goods. Compensation claims for complained damage or loss of profit due to delay in delivery, etc. are excluded. For the quality of the goods the guarantee is given that in the case of proven defective pieces, replacement will be delivered or amounts calculated for the return of the defect pieces refunded. All other claims, such as remuneration of working wages, transportation costs, delay penalties are expressly rejected. Color deviations are due to the manufacturer and do not entitle the customer to complain.
  4. In the case of custom-made products which are not usable, we reserve the right to increase or reduce the delivery amount by up to 10%. We are not responsible for typographical or calculation errors.
  5. Force majeure, operational disturbances of all kinds, in particular strike, machine defect, work setting, lack of the necessary raw materials for the production of the commodity and all circumstances not mentioned here which hinder us from timely and correct execution entitle us to the delivery obligations at our discretion In whole or in part, or to delay the delivery time. Delays caused by means of transport, blocking of rail, shipping or postal lines will in any case release us from the delivery periods. If the delivery periods are exceeded, the purchaser shall remain obliged to receive the goods.
  6. Unsere Rechnungen sind, falls nicht anders vereinbart, nach 30 Tagen ohne Abzug zu begleichen.If not agreed, our invoices shall be settled without deductions after 30 days.
  7. The goods are until full payment of the purchase price, interest and related costs associated with its enforcement, in property of the contractor. In the case of default of payment default interest in the amount of 12% p.A. charged. For foreign countries or unknown purchasers the agreement is reserved for special terms of payment. Non-compliance with our terms of payment or uncertainty of payment entitles us to terminate the purchase contract without setting a time limit; it also entitle us to demand immediate payment of all our claims, subject to our possible rights to compensation for damages and to the demand for prepayments for resale. In this sense, the following shall be considered as payment uncertainties:
    a. If after the conclusion of the contract a substantial deterioration occurs in the purchaser’s assets.
    b. If the agreed payment conditions are not met.
  8. The Austrian law is valid. Place of delivery is the place of business of the contractor. As place of jurisdiction is the regional court in Hall in Tirol. These terms and conditions will remain binding even in case of legal invalidity of individual items or other parts.
  9. All verbal commitments or agreements which contradict or exceed one of the above conditions require, if they are to be valid, a written confirmation by us.
  10. In the case of deviations from the preceding conditions from the terms of purchase of our customers, only our terms and conditions apply, unless otherwise expressly confirmed by us in writing.
  11. Return of goods is subject to our prior consent in principle; without our consent will not be accepted. Return items must be in an impeccable, resalable condition and must not have been in use (original packaging). We charge a processing fee of at least 20% of the net product value; Price basis according to delivery date, therefore the specification of the delivery (invoice and delivery note number) is essential. The return must be free of charge to our factory in Hall i. T. Necessary processing costs are calculated separately. Certain items (custom-made, special surfaces, discontinued models, spare parts, seals, etc.) are excluded from the return.