Our sales and deliveries are based on these general terms and conditions of business and delivery. These conditions remain binding even if individual provisions – for whatever reason – are not effective. They also apply to all further transactions concluded with us, as long as we do not establish new terms and conditions or do not expressly revoke the now underlying terms and conditions.
Deviations from these terms and conditions of delivery bind us only if they are expressly negotiated and confirmed in writing in each individual case. Otherwise, any terms and conditions of the purchaser are not binding on us even if the buyer has referred to them and we have not expressly objected to them in the individual case.
Purchasing conditions of the buyer are binding on us only if we expressly accept them in writing.
Dimensions, weights and performance specifications as well as illustrations and drawings are approximate and non-binding.
All agreements, subsequent amendments, supplements, ancillary agreements, etc. must be in writing to be valid, thus also the original signature or secure electronic signature.
We reserve the copyright for illustrations, drawings or other documents provided by us.
2. Offers and Order Acceptance
Our offers are subject to change. The contract shall be deemed concluded if the seller has sent a written order confirmation after receipt of the order and this is not demonstrably contradicted within 10 days by the buyer. By signing the order letter, the contractual partner also accepts our General Terms and Conditions of Business and Delivery in the currently valid version. We reserve the right to request a reconfirmation of our order confirmation from the customer. Changes to our order confirmation must be made in writing.
3. Prices and Terms of Payment
All prices quoted by us are exclusive of VAT / plus VAT, unless otherwise expressly stated. In the case of invoicing, the statutory sales tax will be added to these prices. We are expressly entitled to also make partial invoices, provided that the services are rendered in parts.
Our prices are ex works or ex warehouse of the supplier, and exclusive of packaging, freight and insurance. Should the wage costs change due to collective bargaining regulations in the industry or due to internal company agreements or other costs necessary for the provision of services (such as those for materials, energy, transport, external work, financing, etc.), we are entitled to adjust the prices accordingly.
Unless otherwise agreed, our claims are to be paid step by step against handover of the goods. Payments shall be made in accordance with the agreed terms of payment
. Unless payment terms have been agreed, the goods are payable “immediately upon receipt of invoice”. A cash discount deduction shall only be recognized within the scope and on the basis of corresponding written agreements. If a discount is agreed, it will only be granted if the payment is received by us in due time. The date on which the amount is received by us or on which the bank confirms receipt of payment shall be deemed to be the date of receipt of payment. The withholding of payments or offsetting against any counterclaims of the customer is excluded.
Checks are not accepted as a means of payment.
4. Place of performance, transport and delivery conditions
The place of performance for both our services and the consideration is the headquarters (CFS Cross Farm Solution GmbH, Stoitzendorf 130, AT-3730 Eggenburg) of our company. The costs of delivery and assembly are not included in our prices. These services can be provided on request against separate payment. The delivery costs and the risk of transport shall be carried by our contractual partner, unless otherwise agreed.
5. Reminder fees
If payments are deferred or made later than agreed, interest of 12% p.a. shall be charged for the interim period, without the need for the default notice.
6. Delivery period
The delivery period begins with the dispatch of the final order confirmation, but at the earliest after clarification of all technical, commercial and financial matters, provision of the documents, approvals, releases to be obtained by the customer, as well as after receipt of an agreed down payment. The delivery period shall be deemed to have been complied with if the delivery item has left the factory or notification of readiness for dispatch has been given by the time the delivery period expires. In the case of delivery with assembly, the deadline shall be deemed to have been met upon completion of the assembly, but no later than three months after the date on which the delivery item has arrived at the destination. The delivery period shall be reasonably extended in the event of unforeseen obstacles beyond our control, irrespective of whether they occur on our premises or those of our subcontractors. If the customer’s request for shipment is delayed, the customer shall be charged, beginning one month after notification of readiness for shipment, for the costs incurred for storage, but in the case of storage at our works at least half a percent of the invoice amount, for each month. However, we shall also be entitled, after setting and fruitless expiry of a reasonable deadline, to dispose otherwise of the delivery item and to supply the customer again with a reasonably extended deadline.
Compliance with the delivery deadline shall be subject to the fulfillment of the contractual obligation of the customer. The contractual partner must accept minor delivery deadline overruns without being entitled to a claim for damages
or a right of withdrawal.
We provide a warranty for the quantity and quality specified in the order confirmation. Minor deviations in the delivery that do not affect the intended use, e.g. in terms of weight, quality, color, etc., are not considered defects. Furthermore, we expressly reserve the right to make changes or improvements to our products that may result from new experience and knowledge.
The goods or services are to be inspected in detail after delivery or performance and any defects are to be reported immediately in any case. Notices of defects can only be taken into account if they are made in writing immediately after receipt or handover of the goods or provision of the service, but no later than within 5 working days.
The notice of defects is excluded if the condition of the goods or services has changed after the transfer of risk. Defects in only part of a delivery or service do not entitle the customer to reject the entire delivery or service.
In the event of a justified notice of defect, we shall be entitled, to the exclusion of the customer’s right to choose, either
other further claims of the customer do not exist.
The raising of a complaint does not release the customer from the payment obligation; rather, the warranty obligations on our part shall expire in the event of non-compliance with the payment and other obligations by the customer. The customer accepts the usual warranty and exchange rates of the company CFS Cross Farm Solution GmbH.
In addition to this warranty, we shall not be liable for any damage of any kind recognizable at the time of acceptance of the delivery (the work) or arising in the future, unless such damage was caused intentionally. In particular, compensation for damage caused to the delivery item is excluded. We shall not be liable for the conduct of any pre-suppliers of goods or their individual parts.
The customer shall in any case do everything to avoid or mitigate any damage, provided that this does not cause him unreasonable costs or disadvantages.
Warranty and guarantee claims can only be made for goods that are already at the destination.
8. Liability, Product Liability
Except for personal injury, we are liable only if we are proven by the injured party at least gross negligence
. Claims for damages shall become time-barred within 6 months from the date of knowledge of the damage and the damaging party, in any case within 5 years after the performance of the service or delivery. The obligation to pay compensation under the Product Liability Act is excluded for property damage, unless the customer is a consumer within the meaning of § 9 Product Liability Act (PHG).
Any recourse claims made against us under the title “product liability” within the meaning of the PHG are excluded, unless the person entitled to recourse proves that the defect was caused in our sphere and at least grossly negligent.
9. Right of withdrawal of the purchaser
The purchaser has a right of withdrawal if we have allowed a reasonable period of grace granted to us for the fulfillment of our warranty obligations to expire fruitlessly, or if we refuse the warranty with regard to a defect proven to us.
10. supplier’s right of withdrawal
In the event of unforeseen events, insofar as they significantly change the economic significance or the content of the performance or have a significant impact on our operations and in the event that it subsequently becomes impossible to perform, we shall be entitled to withdraw from the contract in whole or in part. The customer shall not be entitled to claim damages on the basis of such a withdrawal. If we wish to make use of the right of withdrawal, we must inform the customer of this without delay after becoming aware of the consequences of the event, even if an extension of the delivery period had initially been agreed with the customer.
If, after concluding the agreement with the customer, we become aware that the customer’s financial situation has developed unfavorably, so that he is not in a position to fulfill his contractual obligations as agreed or is not in a position to do so immediately, we may demand payment in advance or securities to the value of the delivery. If the customer does not meet these demands, we are entitled to withdraw from the contract.
11. Retention of ownership
Until complete fulfillment of all financial obligations of the buyer, the seller reserves the right of ownership to the object of purchase. The seller is entitled to make his ownership externally recognizable on the delivery item. The buyer shall comply with the required formalities for the retention of title. In the event of seizure or other claims, the buyer is required to assert the seller’s right of ownership and to notify the seller immediately.
The customer has the obligation, for the duration of the retention of title, not only to take all measures to bring about the legal protection of the retention of title, but also, in particular, to maintain the delivery item in proper condition. It is left to us to make further agreements on the retention of title with the customer in individual cases.
12. Default of the customer
If the customer defaults on even one of the agreed payments or other services in the case of instalment transactions, loss of time shall occur with regard to the entire outstanding residual debt and we shall be paid default interest as defined in these General Terms and Conditions of Business and Delivery.
13. Data Protection
The Seller is entitled to store, transmit, revise and delete personal data of the buyer in the course of business. The parties undertake to maintain absolute secrecy with respect to third parties regarding the knowledge they have obtained from the business relations.
14. Jurisdiction, Applicable Law, Place of Performance
The place of jurisdiction for all disputes arising directly or indirectly from the contract is the Austrian court with local jurisdiction for the registered office of the seller. However, we shall also have the right to sue at the general place of jurisdiction of the contractual partner. The parties may also agree on the jurisdiction of an arbitration court. Austrian material law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. For delivery and payment, the place of performance shall be the registered office of the seller, even if the handover takes place at another location as agreed. The contract language is German.