General terms and conditions in plastics processing

I. Offers
Offers, including all associated attachments and samples, are the property of the provider if they do not match the request. Third parties may not be informed of the content of the offer without the consent of the provider, nor may the offer be misused in any other way.

If an offer does not lead to the placing of an order, the provider reserves the right to reclaim the offer including all associated enclosures and samples. Samples or drawings sent in by the enquirer will only be returned if requested. If no order is placed, the provider is entitled to destroy the offer documents (drawings, samples, etc.) after 3 months from the date of the offer. In the case of goods in stock, we reserve the right to sell off the delivery items offered in the meantime. Quotations given by the supplier are  subject to change.

II. Order Acceptance and Scope of Delivery Obligation

Orders only become binding for the supplier once they have been confirmed in writing.

The present delivery conditions apply exclusively to the execution of the order. Purchasing conditions of the customer or amendments to these sales and delivery conditions as well as all other agreements are only binding for the supplier if they are recognized by him in writing. The supplier has the right to deliver up to 10% more or less than the order quantity.

III. price
The prices apply ex works or warehouse of the supplier, excluding packaging and freight.

If events occur during the execution of an order which make it impossible to fulfill the order under the agreed conditions or result in an unreasonable increase in the production costs for the supplier, the supplier is free to withdraw from the delivery if the customer does not accept the new prices or does not agree to the change of the terms. In the event of withdrawal, the customer is obliged to accept the goods that have been completed or are still being manufactured in accordance with his order at the previously applicable prices.

IV. Terms of payment
For moulds, tools and fixtures:

Payment of the agreed proportionate costs when the order is placed, in the case of a special agreement down payment when the order is placed, payment of the balance immediately after approval of the reference sample.

​

For finished parts:

Down payment of one third of the expected total delivery value when the order is placed or in the case of initial production upon confirmation of the reference sample, payment of a further third upon notification of readiness for dispatch, final payment according to payment agreement. The supplier grants a 3% discount for advance payment or cash on delivery, 2% discount for payment within 14 days; if payment is made after 14 days, this must be made net after 30 days at the latest without any discount being deducted. The discount is granted on the delivery price for finished parts, excluding additional costs.

Compliance with the agreed terms of payment and payment deadlines is an essential condition for the performance of the deliveries and work. The supplier retains ownership of all delivery items until full cash payment of the entire invoice amount including ancillary fees. In the event of a delay in payment, the supplier is entitled to charge interest on arrears at a rate of 6% above the base interest rate of the Austrian National Bank. In the event that the customer incurs a loss due to non-fulfillment of the agreed payment obligation, the supplier reserves the right to freely dispose of the manufactured moulds, tools, devices and finished parts.

V. Delivery time
The specified delivery times are always delivery times ex works. The delivery period only applies after receipt of all commercial and technically ordered and final information required to complete the order and is also dependent on compliance with the payment terms to be fulfilled for the delivery. Force majeure or other unforeseen obstacles in the supplier's works or its main subcontractors release the supplier from adhering to the agreed delivery time if this affects the completion of the delivery item. In the event of late delivery, the supplier is not liable for any damage that the customer could possibly assert, unless this damage was caused by the supplier's intentional or grossly negligent behavior. The essential condition for compliance with the agreed delivery period is that the press-in or fitted parts to be made available to the supplier by the customer and all other materials required to complete the delivery are provided in good time and in a quantity and quality appropriate for the fulfillment of the entire order, whereby an excess quantity of 5% to 20% of the required quantity is to be delivered as a scrap precaution. The supplier is not obliged to start production before the specified parts are available. Documents which must be made available when the order is placed and the lack of which impairs compliance with the delivery deadline are in particular: At least 2 binding drawings that are complete in every respect or at least 2 binding samples. These documents become the property of the supplier.

Binding samples of pressed-in parts, fitted parts and other supplements in the required quantity. For parts that should fit together with other parts, the obligatory counterparts or obligatory fitting gauges twice. Counterparts and fitting gauges will be returned to the customer at his request after the order has been completed.

VI. delivery and shipping
The delivery is deemed to have been carried out when the delivery items are ready for dispatch in the delivery works and the customer has been informed of the readiness for dispatch.

At this point in time, the delivery item has passed into the customer's power of disposal within the meaning of Section 6 of the Production Liability Act and has therefore been placed on the market.

The delivery items are loaded and dispatched at the customer's risk, even if carriage paid delivery and any type of dispatch have been agreed. Loading and shipping of the delivery items are at the expense of the customer. Claims for damages for breakage occurring during shipping will be rejected if the goods are properly packaged, and no money will be paid or reimbursed if the goods are lost, mixed up or damaged during transport. In the event of loss or damage during transport, the complaint to the carrier is the responsibility of the customer, who is recommended to immediately file an official complaint
to arrange for a factual record with number of items and net weight. In the case of call-off orders, after the call-off period of 2 weeks has expired, the supplier
to demand acceptance and payment of the ordered goods. All types of insurance are only taken out on the order and at the expense of the customer to the extent desired by him.

VII. Warranty
In the case of initial production of compression molded parts, injection molded parts or other plastic goods, samples are made available to the customer before the start of series production. If the sample is approved, the supplier receives a sample from the customer that has been confirmed on a label or by means of a seal or in another suitable manner, which serves as a basis for comparison for future deliveries. If the supplier has not received any comments within 3 weeks from the day the samples were sent, it is assumed that the samples have been approved and the supplier can start serial production.

The supplier is obliged to carry out the delivery in accordance with the confirmed sample, whereby sample accuracy of the dimensions is guaranteed to the extent that this is technically possible within the material used and the type of workpiece relevant dimensional limits (tolerances).

The supplier guarantees that the material used will be processed properly. The supplier is not liable for the selection of the material itself or for the material-specific shaping of the workpiece if the customer does not provide all relevant information about the use of the workpiece and the requirements placed on it in good time. This also applies if the supplier makes suggestions for the choice of material and material-specific design of the workpiece or if the supplier suggests changes to drawings and samples provided by the customer. Dimensions (tolerances) of the workpieces are to be expressly agreed with the supplier when the order is placed. Dimensions without indication of dimensions are complied with with the possible dimensional accuracy corresponding to the material and the shape of the workpiece or in accordance with the largest dimensional limit of applicable standards (e.g. DIN 7710).

Special tests of the finished parts (e.g. electrical, mechanical, etc.) must be specially agreed, and the costs are generally borne by the customer.

The supplier only guarantees the suitability for use of the delivery items with regard to the technically correct processing of the material. If a workpiece becomes defective due to improper processing of the material by the supplier and a complaint is made within the statutory warranty period, the supplier will either provide a replacement by credit or by replacing the parts sent back to the supplier. Claims for damages of any kind by the customer going beyond this will not be recognized unless the supplier is grossly at fault for the improper processing. Complaints relating to delivery defects that are recognizable without installation or use of the workpiece (complaints about the delivery quantity, workmanship errors) can only be taken into account if they are brought to the attention of the supplier immediately within the meaning of § 377 UGB and the supplier is also informed of all The documents (packing slips, samples) required for processing the complaint have been made available.

For forms, devices, gauges and other production aids provided by the customer, the supplier assumes the obligation to use and store these provisions with professional care. Further guarantee for this is not accepted. In particular, the custodian of these Providents shall not be liable for any loss or damage caused by any event. The customer is responsible for insuring against all cases of damage while remaining in the area of the supplier's business. The supplier warrants that finished parts made from the customer's tools will not be delivered to other customers without the customer's knowledge of the tools.

The supplier protects drawings, samples and all other documents, which are handed over to the supplier by the customer for the execution of the order, to the best of his ability against third-party knowledge, but without the supplier assuming any guarantee for himself or his sub-suppliers.

a. damages and product liability
1. The entrepreneur is only liable for damage caused by gross negligence or intent.
2. In the case of deliveries to commercial users, the obligation to compensate for damage resulting from the Product Liability Act, BGBl. No. 99/1988, as well as product liability claims that can be derived from other provisions, is excluded.
3. If goods are delivered to commercial consumers or resellers, they are obliged to exclude product liability within the meaning of VII.a.2. to be agreed in the contracts with their customers. If this contractual obligation is not met, the customer is liable for all resulting damage.
4. The delivery item only offers the safety that can be expected on the basis of ÖNORM standards, approval regulations, operating instructions, the delivery works' regulations on handling the delivery item, maintenance contracts and other information provided.

VIII. Pressing tools, injection molding tools and other tools and devices
Pressing tools, injection molding tools, other tools and devices that are manufactured for the customer always remain the property of the supplier, even if the production costs are invoiced separately. The invoiced production costs for the tools represent only a portion of the higher total production costs. The expenses for the preparatory work, the draft, the construction, the testing and maintenance are not covered by this. Tools may still be handed over to the customer, with due regard for the property rights attached to them. Business secrets and many years of experience are excluded in any case, even if the order is canceled by the client.

If no repeat order or other communication is made within 2 years of the last delivery, the tools can be used elsewhere by the supplier at his discretion. Deliveries from existing tools can only be made without charging tool repair costs as long as the condition of the tools allows them to be used properly.

Repair costs for damage caused by the natural wear and tear of the tools or devices will be remedied at the expense of the customer, and the customer will also bear the costs of all tool changes he has made. In the case of tools of all kinds provided by the customer to the supplier, all costs incurred by the supplier for repair and maintenance of the tools provided shall be borne by the customer.

IX. property rights
For delivery items, which the supplier manufactures according to documents provided by the customer, the customer exclusively assumes the guarantee that the production of these delivery items does not infringe any property rights of third parties. If any property rights of third parties are nevertheless asserted, the supplier is not obliged to check the correctness of these claims, but is entitled to stop the production of the delivery items and to claim reimbursement of the costs incurred by the customer, excluding all claims for damages by the customer. The purchaser is fully liable for direct and indirect damage incurred by the supplier as a result of infringements or the assertion of property rights, and the supplier is entitled to claim a reasonable advance payment for any legal costs. The supplier is free to publish all delivery items or goods of his production in any way.

X. Packaging
The packaging is not included in the price and will be charged separately. With the exception of crates, the packaging materials will not be taken back. For crates that are returned free of charge to the delivery plant in perfect, reusable condition, the supplier shall reimburse 2/3 of the invoiced value if the crates arrive at the delivery plant within 2 months of the date of delivery of the goods. If the crates are returned, the invoice date and invoice number with which the crates were originally charged must be given.

If the crates are returned to the supplying plant in a condition that is only partially reusable or not reusable, the supplier is entitled to a corresponding reduction in the rate of payment.

XI. Place of fulfillment
The place of performance for delivery and payment is the location of the delivery works.

As of September 2019

​

​