GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF FEIFAR BEFESTIGUNGSTECHNIK GMBH

1. General Validity

The following conditions form the basis for all transactions, excluding other conditions not explicitly approved in writing by us, even if the following wording is not specified in each individual subsequent transaction. We only recognize the buyer's purchasing conditions insofar as they do not deviate from our contractual conditions, even if the former contains the opposite provision. Any legal invalidity of individual provisions of these terms does not affect the validity of the remaining provisions.

2. Offer and Conclusion of Contract

All deliveries, services, and offers to our customers are exclusively based on our general delivery and payment conditions and are solely based on the drawings provided by the customer and any deviations indicated by us therein. No verification of all norms cited in the customer's drawings for actual complete conformity and/or compatibility with other drawing-specific dimensional and/or functional parameters is carried out and is thus merely assumed. Should this assumption prove factually incorrect, any compensation for resulting damage to the customer is excluded. Orders are only considered accepted when confirmed by us in writing. Until then, our offer is non-binding. Verbal or telephone agreements, additions, or changes also require our written confirmation to be effective. We reserve the right to sell the offered goods to third parties during the validity of our offer (interim sale). If details in our written order confirmations deviate from our catalog, brochure, or other information, the order confirmation details are binding.

3. Prices

All prices are plus statutory VAT and per 1000 pieces or per piece for machines, tools, and spare parts. Our prices are based on current economic conditions and can be adjusted in case of significant changes in certain cost components such as raw material, energy costs, etc. The minimum value for orders or individual call-offs is 30 euros. For orders or call-offs below the aforementioned values, we are entitled to charge a minimum quantity surcharge of 6 euros each.

4. Delivery Times

All delivery times and dates are subject to unforeseeable production disruptions and timely self-delivery with required raw materials concerning any claims from the customer due to delayed delivery. Furthermore, all delivery times are expressly subject to force majeure events such as strikes, lockouts, fires, natural events, and other unforeseen operational disruptions, raw material, and energy shortages. The delivery delays arising from the aforementioned events release us from adhering to the confirmed delivery time. However, this does not entitle the customer to withdraw from the order or refuse acceptance of the shipment. In all these cases, we do not recognize any delay penalties or damage claims of any kind. In case of a delay in acceptance of an already scheduled delivery, the customer is liable for any storage or demurrage costs. The delivery will be invoiced in these cases and is payable according to the agreed conditions.

5. Call-off Orders

Unless otherwise agreed, call-off orders must be accepted within 6 months after the contract period without requiring a request for acceptance or setting a delay on our part. If this period has expired, we are entitled at any time to either invoice the goods or cancel the order at our discretion.

6. Delivery Prevention

Operational disruptions of any kind, force majeure events, strikes, lockouts, etc., at our premises or those of our suppliers, as well as any other causes or events that prevent delivery, production, or shipping, release us for their entire duration and concerning their consequences from adhering to delivery commitments and entitle us, if circumstances require, to wholly or partially cancel delivery commitments without the buyer being entitled to withdraw from the contract in these cases.

7. Shipping

Shipments are generally made from the Gleisdorf-Albersdorf warehouse. Deliveries with an invoice value of 250 euros or more are made free of packaging (excluding special packaging) and freight-free to the receiving station by our forwarders. Express and rush deliveries are made at the customer's expense.

8. Warranty

Without special agreement, we deliver materials of commercial quality and condition with statutory warranty. Warranty services lapse with own repair attempts and improper storage or use of the delivered goods, excluding any claims of any kind. In the industry, an over- or under-delivery of +/- 10% is standard for fasteners and mass parts. Please consider deviations from the order quantity in your next order.

9. Returns

We only accept and credit the return of incorrectly ordered or no longer needed goods if we have explicitly declared our willingness to accept them in advance in writing and a copy of this return confirmation is included in the shipment's accompanying documents. Otherwise, the goods will be returned at the sender's expense. Shipping costs are borne by the customer! A processing fee of 15% will be deducted.

10. Advice

Technical advice, information, and statements on application and processing possibilities of our products, as well as all related statements made by us or on our behalf, are provided to the best of our knowledge but are non-binding and exclude any liability.

11. Payment Terms

We reserve the right to invoice the agreed service electronically via email. Unless otherwise agreed, our invoices are payable within 14 days of the invoice date with a 2% discount or within one month without any deduction. The customer has no right to offset counterclaims without our written consent.

12. Retention of Title

The buyer only acquires ownership of the contract subject matter upon full payment of all claims arising from this contract and our business relationship (retention of title). In the case of a current account, the property serves as security for our balance claim. The buyer may only sell the reserved goods within the framework of ordinary and proper business operations. In this case, he already assigns to us the claims against third parties arising from this to the extent of our claims, including all ancillary rights. The buyer already authorizes and empowers us to assert the rights from the ABGB against his contractual partner in his or our name but on his account and assigns us the exercising rights from the ABGB against the contractual partner for this purpose, as well as the new rights arising from this. We accept the aforementioned assignments but are always willing to allow the buyer to collect and assert the assigned claims. If we disclose the assignment, the buyer must promptly provide us with all necessary information and documents for enforcing our claims, at least in copy, at his expense. Pledges and transfers of security of the reserved goods are excluded; the buyer must promptly notify us of any pledges or other third-party interference with our reserved goods.

13. Special Provisions

Any changes to these sales and delivery conditions and agreements contradicting our conditions are only valid if confirmed by us in writing.

14. Contract Language

The only relevant language for business transactions is German. This includes all documents and descriptions.

15. Place of Jurisdiction and Performance

Austrian law applies. The place of performance is Gleisdorf-Albersdorf, and the court of jurisdiction is the competent court in Graz.