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TERMS & CONDITIONS

MASSIVHOLZPLATTENWERK EBEN [SOLID WOOD PANEL MANUFACTURER]
TERMS OF SALE AND DELIVERY

1. Offer and order confirmation
Our offers are non-binding. All agreements, including those of our sales representatives, only become binding for us upon written confirmation. The order is binding for the buyer.

2. Prices
Our prices are based on the most recently amended price lists. Special agreements only apply to the respective order.

3. Delivery
Delivery times are non-binding. Partial deliveries are permissible. In the event of force majeure, and if material changes occur for essential contractual components which lie outside our sphere of influence or respectively if circumstances emerge which impede delivery or render delivery wholly or partly impossible, we are permitted to withdraw from the contract. This shall not thereby establish any claims whatsoever to subsequent deliveries, replacement deliveries or other compensation claims for the buyer.

4. Dispatch, acceptance and transfer of risk
The good shall be dispatched in accordance with the agreed method of delivery. Risk shall be transferred to the buyer upon loading of the good or handover to the first carrier in our premises, irrespective of the transfer of ownership. The acquirer of the good is obliged to inspect the good upon acceptance and check for any transport damages.
Acceptances subject to reservation are not permitted. In the event of deliveries abroad, the most recent applicable version of INCOTERMS shall apply, unless otherwise agreed.

5. Insurance
Transport insurance shall only be taken out upon the express wish of the buyer.

6. Payment
Payment must be made in cash without any deductions, insofar as no other payment terms have been agreed. In the case of special productions, we reserve the right to charge an appropriate advance payment. Should the buyer withdraw from the order, we reserve the right to demand appropriate compensation. In the event of default on payment, the seller is permitted to assert its right of ownership (see Point 7) and remove the good at the cost of the buyer in default.

7. Reservation of ownership
The good provided shall remain our property until the buyer has settled all claims arising from the business relationship. The reserved good must be stored separately and sufficiently insured against fire, theft, breakage and weather damages (water) at the cost of the buyer. Pledging or transfer by way of security to third parties is not permitted. The buyer must inform us of the pledging or interventions of third parties with respect to the good delivered under the reservation of ownership immediately by means of registered letter – and by telecommunication in urgent cases. In the event that the good has been modified or processed by the buyer, our reservation of ownership shall also cover the new good.

8. Complaints of deliveries
In the event of complaints of defects, the buyer is obliged to accept the delivery in any case and treat the good with ordinary care. The complaints of defects must be made in writing, precisely indicating the individual defects, no later than eight days after arrival of the good at the destination and prior to its processing. Complaints received thereafter shall only be considered if the defect was hidden. Complaints of defects have no impact on the fulfilment of the agreed terms of payment. At the discretion of the seller, the defective good may be exchanged for a faultless good free of charge following the return to the place of fulfilment (including payment of carriage) or a price reduction shall be granted appropriate to the diminution in value.
Further claims, such as compensation for work, material, loss of earnings, in particular the right to transformation, reduction or compensation for damages due to non-fulfilment etc., are precluded. Non-compliance with the terms of payment shall release us from any warranty obligation.

Place of fulfilment and jurisdiction
The place of fulfilment is 5531 Eben im Pongau.
The jurisdiction is A-5600 St. Johann/Pongau.
This contract is subject to Austrian law.

Assignment
The seller may assign all its rights arising from the purchase contract wholly or partly to third parties or likewise arrange fulfilment of its obligations by third parties.

Validity of our terms of sale and delivery
Deviations from these terms of sale and delivery are only binding insofar as they have been expressly acknowledged and confirmed by both contracting parties in writing. Should one of the provisions be invalid, this shall not thereby affect the validity of the remaining provisions.

Right of ownership is reserved until payment in full.
Claims payable and enforceable at St. Johann im Pongau District Court.
Salzburg Regional Court, FN 44815f, DVR: 0682829

Our packaging is exempt under our ARA licence no.:
3195.

Bank: Raiffeisenverband Salzburg, IBAN: AT40 3500 0000 0006 5649, BIC: RVSAAT2S

HOBELWERK BISCHOFSHOFEN [PLANING MILL]
TERMS OF SALE AND DELIVERY

1. Offer and order confirmation
Our offers are non-binding. All agreements, including those of our sales representatives, only become binding for us upon written confirmation. The order is binding for the buyer.

2. Prices
Our prices are based on the most recently amended price lists. Special agreements only apply to the respective order.

3. Delivery
Delivery times are non-binding. Partial deliveries are permissible. In the event of force majeure, and if material changes to essential contractual components occur which lie outside our sphere of influence or respectively if circumstances emerge which impede delivery or render delivery wholly or partly impossible, we are permitted to withdraw from the contract. This shall not thereby establish any claims whatsoever to subsequent deliveries, replacement deliveries or other compensation claims for the buyer.

4. Dispatch, acceptance and transfer of risk
The good shall be dispatched in accordance with the agreed method of delivery. Risk shall be transferred to the buyer upon loading of the good or handover to the first carrier in our premises, irrespective of the transfer of ownership. The acquirer of the good is obliged to inspect the good upon acceptance and check for any transport damages. Acceptances subject to reservation are not permitted. In the event of deliveries abroad, the most recent applicable version of INCOTERMS shall apply, unless otherwise agreed.

5. Insurance
Transport insurance shall only be taken out upon the express wish of the buyer.

6. Payment
Payment must be made in cash without any deductions, insofar as no other payment terms
have been agreed. In the case of special productions, we reserve the right to charge an appropriate advance payment. Should the buyer withdraw from the order, we reserve the right to demand appropriate compensation. In the event of default on payment, the seller is permitted to assert its right of ownership (see Point 7) and remove the good at the cost of the buyer in default.

7. Reservation of ownership
The good provided shall remain our property until the buyer has settled all claims arising from the business relationship. The reserved good must be stored separately and sufficiently insured against fire, theft, breakage and weather damages (water) at the cost of the buyer. Pledging or transfer by way of security to third parties is not permitted. The buyer must inform us of the pledging or interventions of third parties with respect to the good delivered under the reservation of ownership immediately by means of registered letter – and by telecommunication in urgent cases. In the event that the good has been modified or processed by the buyer, our reservation of ownership shall also cover the new good.

8. Complaints of deliveries
In the event of complaints of defects, the buyer is obliged to accept the delivery in any case and treat the good with ordinary care. The complaints of defects must be made in writing, precisely indicating the individual defects, no later than eight days after arrival of the good at the destination and prior to its processing. Complaints received thereafter shall only be considered if the defect was hidden. Complaints of defects have no impact on the fulfilment of the agreed terms of payment. At the discretion of the seller, the defective good may be exchanged for a faultless good free of charge following the return to the place of fulfilment (including payment of carriage) or a price reduction shall be granted appropriate to the diminution in value. Further claims, such as compensation for work, material, loss of earnings, in particular the right to transformation, reduction or compensation for damages due to non-fulfilment etc., are precluded. Non-compliance with the terms of payment shall release us from any warranty obligation.

Place of fulfilment and jurisdiction
The place of fulfilment is 5500 Bischofshofen.
The jurisdiction is A-5600 St. Johann.
This contract is subject to Austrian law.

Assignment
The seller may assign all its rights arising from the purchase contract wholly or partly to third parties or likewise arrange fulfilment of its obligations by third parties.

Validity of our terms of sale and delivery
Deviations from these terms of sale and delivery are only binding insofar as they have been expressly acknowledged and confirmed by both contracting parties in writing. Should one of the provisions be invalid, this shall not thereby affect the validity of the remaining provisions.

Right of ownership is reserved until payment in full. Claims payable and enforceable at St. Johann/Pg.
District Court. Salzburg Regional Court, FN 327607a, VAT ID no.: 64958166. 

Our packaging is exempt under our ARA licence no.:
3195.

Bank: Raiffeisenbank Bischofshofen, IBAN: AT10 3501 0000 0005 6051, BIC: RVSAAT2S010