GTCs

General Terms and Conditions of Purchase

These Terms of Purchase shall apply exclusively to all current and future provisions of goods and services to us (the ordering party). In long-term business relationships, these Terms and Conditions shall apply even if no express reference is made to them. By accepting our order, the supplier accepts these Terms and Conditions. If the supplier confirms our order in a manner that deviates from these Terms and Conditions, our Terms and Conditions shall apply nevertheless, unless the supplier’s Terms and Conditions are accepted in writing.
Cost estimates, quotations and offers shall be provided to us free of charge, regardless of the preliminary work that was necessary for them. Only orders or contract amendments that are in writing and signed on behalf of the company shall be valid.
Samples, plates, models, drawings or other contrivances supplied by us shall remain our intellectual property. These contrivances may only be used to fulfill our orders and may not be made available or provided to third parties outside the company. They must be returned to us free of charge after delivery of the order. The supplier shall indemnify us and hold us harmless with respect to any patent, design protection or copyright disputes that result from the provision of goods and/or services and shall guarantee that we have unrestricted use of the items delivered or the services provided.
Labor disputes, such as strikes or lock-outs, work stoppages, -restrictions of operations and the like, which result in a reduction of consumption, shall be deemed to be force majeure and shall release us from the duty of acceptance for the duration of the disruption.
Non-compliance with agreed-upon delivery periods and deadlines shall entitle us to rescind the contract and/or demand damages for non-performance without providing a grace period. Force majeure shall only release the supplier if the supplier justifies the circumstances in due time, and a replacement can be obtained.
The delivery will not be accepted as fulfillment of the order in the absence of appropriate shipping documents. Rather, it will be stored at the risk and cost of the supplier. The delivery must be properly packaged, dispatched or delivered using the proper means of transportation. Any losses resulting from disregard of such instructions shall be borne by the supplier. The goods can only be accepted at the times specified by the receiving office.
Prices include packaging, free delivery to the reception point, and unloading and are fixed prices, which cannot be increased for any reason. Price increases must be expressly accepted by us in writing. We are not liable for any obvious mistakes, spelling or calculation errors.
Invoices shall be sent to us in accordance with the applicable formal requirements of value-added tax law, after proper delivery (performance). In general, we pay with a 3% discount or within 90 days net. Payment does not constitute acknowledgment of the propriety of the delivery (service) and therefore does not constitute a waiver of any warranty or damage claims based on defects in performance. Prepayments shall remain stable in value in proportion to the total value of the order. Payments shall be made solely to the supplier. There shall be no assignment of payments to third parties. The order placed may not be delegated to subcontractors, in whole or in part, without our written consent.
The supplier fully warrants and guarantees delivery (services) in accordance with the order and compliance with all relevant provisions, including the Austrian Standards. The supplier shall be equally liable for any goods and components it delivers but has not manufactured and for any such services provided.
The supplier shall promptly replace goods with existing defects that were not immediately detectable or whose usability could not be determined immediately after delivery due to their intended purpose and shall do so at any time, upon request, free of charge. The supplier expressly waives the defense of belated notice of defect. Notwithstanding our other statutory options, in case of liability, we shall have the right, at our election, to demand free replacement, rescission, free elimination of the defect or a price reduction or to have the defect eliminated at the expense of the supplier. When the defect has been eliminated, the warranty and guarantee period shall commence again.
If a grace period is required by provisions of law, a period of three weeks shall be considered reasonable. The supplier shall send us any storage and operating instructions with the delivery on its own initiative. Otherwise, the supplier shall be liable for any losses caused by ignorance of these provisions.
Unless a different liability provision is provided in these Terms and Conditions or in writing in an individual case, the supplier shall provide compensation for all losses that we or our customers directly or indirectly suffer due to a faulty delivery. A “faulty delivery” shall include goods subject to legal defects. As the ordering party, we need not prove fault. We need only prove that the loss occurred.
If claims are filed against us under the Product Liability Act or a comparable domestic or foreign provision in connection with a defective delivery by the supplier, the supplier shall be directly liable to us and our customers.
The supplier can only make a set-off against our claims or assert a right of withholding if its counterclaim is uncontested or there is a legally binding judgment with respect to it.
If individual provisions of these Terms and Conditions should be invalid, the remaining content of these Terms and Conditions shall be controlling. The place of performance shall be the reception point specified in the order. The delivery shall be made at the expense and risk of the supplier. Austrian law shall apply exclusively. The court in Vienna with subject-matter jurisdiction over the ordering party shall have jurisdiction over both parties.
The supplier consents to the electronic processing and storage of all personal data provided. The supplier can demand inspection or rectification of this data at any time and can revoke its use. The supplier shall comply with the EU General Data Protection Regulation, take suitable technical and legal measures for this purpose and impose this obligation on its processors and shall have a duty to indemnify us in this regard.

General terms and conditions of delivery and payment

Our General Terms of Delivery and Payment apply to all contractual relationships with all our customers. The relevant provisions of law apply in a subsidiary manner. The General Terms and Conditions of Business and/or any changes by the customer are not accepted unless we expressly confirm them in writing in advance.
Our offers are always subject to change. Contracts are only formed through our written order confirmation, delivery of the goods or other provision of services. Our prices are net prices, delivery from storage/ex works, excluding packaging, loading, transport and insurance costs, fees and other charges. We have the right to reasonable compensation for quotations and additional and/or modified performance ordered by the customer.
We reserve the right to adjust the agreed-upon price at a later date due to increased energy costs of any kind, wage or salary increases based on collective bargaining agreements, increases in the price of raw materials and supplies, tax increases and changes in currency exchange rates, if the changes take effect between acceptance of the order and the date of delivery. If small quantities or minor services are ordered, we reserve the right to charge quantity surcharges and/or handling fees.
The customer shall bear the costs of all expenditures, including ongoing expenses (especially for planning, drafting, and design activities, test runs, quality control and procurement, manufacturing, and maintenance work) in connection with materials supplied to the customer. These include but are not limited to special tools (pressing and injection tools) and devices of all kinds, drafts, samples, plates and engravings.
The customer shall acquire no rights of any kind in the materials supplied (such as ownership rights, rights of use, patent rights, design protection or trademark rights or copyrights). In particular, we shall be entitled to use the supplied materials at our own discretion if we do not receive a reorder or other written communication from the customer within two years of the last delivery.
The goods shall be shipped for the account of and at the risk of the customer. We can insure the goods at the expense of the customer. Delivery dates are approximate and subject to change. We shall be entitled to make partial deliveries. We reserve the right to deliver a quantity that is up to 10% more or less than ordered and to make minor changes in performance, particularly with respect to color deviations for lacquered and printed tubes and containers, for technical reasons, unless otherwise agreed with the customer in writing. The delivery period shall commence as soon as the customer meets all the technical, commercial, legal and financial prerequisites for which it is responsible and makes any advance payments.
The risk of damage, loss or other impairment of the goods shall pass to the customer when the goods are finished, but no later than when they are made available for loading. To the extent that our employees load the goods, they act at the risk of the customer and are not considered to be our agents. In the absence of specific instructions, we shall determine the mode of transport and the route. Our company assumes no liability for losses in connection with the transport of goods. In other respects, the acceptance of goods by a carrier shall be considered proof of proper loading and packaging.
Force majeure and unusual circumstances for which we are not responsible, particularly non-delivery by our own suppliers, labor disputes or government action, shall release us from the duty to perform for the duration of their effects and completely if they lead to impossibility of performance. Notwithstanding this, we shall have a right of rescission. We shall not be liable for any liquidated damages.
Complaints must be made in writing immediately after detection, but no later than eight days after receipt of the consignment (six weeks for hidden defects), notwithstanding any earlier statutory duty of notification. Otherwise, warranties and liability are excluded. Our warranty and other liability is limited to the goods being in conformity with our AQL (Accepted Quality Level) standard values at transfer of risk (Critical Defects: 0.65; Major Defects: 1.5; Minor Defects: 6.5), unless other AQL values have been separately agreed upon with the customer in writing. The customer only has the right to replacement of defective goods with non-defective goods. For any rejects that occur naturally in the case of mass-produced items, we will only make replacement if the rejects are returned free of charge.
The deliverable only offers the level of safety that can be expected based on Austrian Standards, licensing provisions and operating instructions. In general, we may only be held liable if our gross negligence or wrongful intent can be proven and the amount of damages does not exceed EUR 75,000. We disclaim liability, including but not limited to consequential damages, lost profit, pecuniary damages, unrealized savings, lost interest, and damages based on the claims of third parties. Claims of any kind on the part of the customer shall be time-barred after one year, notwithstanding any shorter statutory periods.
We are not liable, in particular, for the shelf life of the contents of our containers and tubes and for defects in our products caused by the contents thereof. Considering the diversity of contents, we must leave it to our customers to test the shelf life of their products in our products.
There shall be no obligation to pay compensation for property damage and personal injury for deliveries to persons who are not consumers within the meaning of Art. 9 of the Product Liability Act (PHG). If the customer delivers to commercial consumers or resellers, it must require them to agree to exclude product liability in the aforementioned sense in their contracts with buyers. If this contractual obligation is violated, the customer must indemnify us and hold us harmless.
Unless otherwise agreed, payment shall be made with a 2% discount after receipt of the invoice or C.O.D. delivery or net after 30 days. Any discount expenses shall be borne by the customer. In the event of payment default, we shall charge interest in accordance with bank practices. The customer must reimburse us for all dunning and collection expenses.
The goods shall remain our property until payment is made in full. Any resale of the goods by the customer is subject to our reservation of ownership. The customer hereby assigns to us its claim against the buyer based on the resale of the goods up to the amount of the still outstanding purchase price. If the buyer pays in cash, the customer shall immediately pay the proceeds to us up to the amount of our claim plus VAT. The customer shall be entitled to adapt or process the goods and/or mix them with its own goods. In this case, both parties waive any action for apportionment and agree that the goods must be sold as soon as possible at the best possible price. The customer can only make a set-off against our claims or assert a right of withholding if its counterclaim is uncontested or there is a legally binding judgment with respect to it.
The customer shall be liable to ensure that the goods to be delivered in accordance with its orders do not infringe any rights of third parties, particularly industrial property rights, or it shall have a duty to indemnify us in this regard.
The customer consents to the electronic processing and storage of all personal data provided during the business relationship. The customer can demand inspection or rectification of this data at any time and can revoke its use. The customer agrees to comply with the EU General Data Protection Regulation. Otherwise, it shall have a duty to indemnify us in this regard.
The customer may only transfer its rights under contracts with us to third parties with our consent.
If individual provisions should be invalid, this shall not affect the validity of the remaining provisions. A valid provision that comes closest to the legal and economic content of the invalid provision shall be deemed to have been agreed upon. Austrian law shall apply. The competent courts in Vienna shall have jurisdiction.