Terms and Conditions - KOSA Strick

Terms and Conditions

1. General

By placing a written or oral order, our terms and conditions of business, delivery and payment shall also be expressly accepted by the customer for future business transactions. Other terms and conditions of business shall be rejected, even if we do not expressly object to them. A fundamental change of the ordered goods is not possible from the day of order, as the customer has received samples, tested the goods and found them to be good.

2. Offers

Our offers are subject to change. Information on dimensions, weights, colours, shapes, illustrations and performance are only approximate. Care properties are only valid insofar as they are provided by the raw material supplier in writing.

3. Prices

In the absence of a separate agreement, the prices according to the price list valid on the day of delivery shall be charged. The prices do not include VAT, are ex works and include packaging; invoicing in Euro.

4. Delivery

The offered or agreed delivery periods shall be complied with to the best of our ability. We reserve the right to make partial deliveries and partial invoices. Delivery periods shall only commence after final clarification of all technical and commercial issues and after receipt of any agreed down payment or advance payment or bank guarantee. In the event of delivery delays by force majeure such as strikes, catastrophes, government measures, etc., the delivery periods shall be extended by the duration of the same. Claims for compensation, for whatever reason, are excluded in the event of delivery periods being exceeded. Unless, that the seller is guilty of gross negligence. Unless otherwise agreed, the goods shall always be transported for the account and at the risk of the buyer. Any transport damages are to be claimed by the recipient of the goods from the respective carrier or freight forwarder immediately and directly and have them recorded.

5. Payment

All invoices are payable within 30 days of the invoice date without deduction. A cash discount may be granted on our part and will be explicitly stated on the invoice. There is no entitlement to a discount. Payments with debt-discharging effect shall be made exclusively to the account stated. In the event of late payment, we shall charge interest on arrears in the amount of the usual bank loan interest rate. Payments shall first be credited against the oldest debt or ancillary costs (interest, reminder charges, etc.).

6. Retention of title

We reserve the right of ownership until payment of the entire invoice amount including ancillary costs. In the event of seizures or other claims on our deliveries, the customer is obliged to assert the seller's right of ownership and to inform the seller thereof.

7. Warranty

We guarantee that the order corresponds to the size and quality of the samples previously received. We shall automatically provide compensation to the same extent for work defects which may occur during manufacture.

8. Liability

The seller shall only be liable for direct and indirect damage and costs incurred as a result of defective delivery or work, the seller is only liable insofar as his employees are at fault. Excluded are claims for compensation for interruptions of operation, overuse of the material, improper processing and consequential damage caused by defects.

9. Cancellation and withdrawal of goods

Cancellations of orders already placed can only be made by the buyer in special cases and with the express consent of the seller. In the case of goods which have been produced or manufactured to order, cancellation shall be excluded due to the lack of other usability. Goods that have already been cut or processed are generally excluded from return.

10. Place of fulfilment and place of jurisdiction

Place of fulfilment for payments is Ottensheim, place of jurisdiction is Linz.

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