Unless otherwise agreed in writing, P.G.F. Industry Solutions GmbH´sgeneral terms and conditions apply exclusively. Any customer conditions that contradict or deviate from P.G.F. Industry Solutions GmbH´s General Terms and Conditions will not be accepted unless P.G.F. Industry Solutions GmbHhas expressly agreed to their validity in writing. P.G.F. Industry Solutions GmbH´s terms and conditions also apply, without reservation, if P.G.F. Industry Solutions GmbH carries out the delivery to the customer, even if aware of terms and conditions of the customer that conflict with or deviate from our terms and conditions.P.G.F. Industry Solutions GmbH´sterms and conditions also apply to all future business with the customer and in the current version. All agreements, made between P.G.F. Industry Solutions GmbH and the customer for execution and implementation in this contract, are to be recorded in writing in this contract. Any deviation from the requirement of written form can only be set forth in writing. These terms and conditions apply to all business relationships betweenP.G.F. Industry Solutions GmbH and the business partner (company), so that subsequently the term “customers” does not include consumers, even if consumers are not explicitly referred to in later transactions.
Offer & Order
Orders become legally binding if an order is given to P.G.F. Industry Solutions GmbH by written or printed order confirmation,by sending an invoice or sending a delivery note. Offers shall be accepted byP.G.F. Industry Solutions GmbH within 2 weeks.P.G.F. Industry Solutions GmbH´s offers are non-committal and non-binding. The prices stated in the order plus the statutory value-added tax apply. The prices are in Euro “Ex works”, net. Verbal agreements, in addition to the order, are only valid if they are confirmed by P.G.F. Industry Solutions GmbHin writing.
Right of withdrawal
P.G.F. Industry Solutions GmbHis entitled to withdraw from the order, for important reasons, within 14 days after receipt of an order. Especially, if the customer is already in default of payment regarding previous orders, upon notification of general payment difficulties, the customer´s dubious business practices or violation of the customer against exclusive delivery. The declaration of withdrawal will be made by e-mail to the customer. The customer has no right, whatsoever, to claim indemnification, especially no compensation.
Shipping and transfer of risk
All deliveries are made by way of shipment from P.G.F. Industry Solutions GmbH´s warehouse to the customer. The risk of shipping is in all cases, even if P.G.F. Industry Solutions GmbH carries the shipping costs due to special agreement with provision of the goods in our warehouse,remains with the customer. The customer also bears the risk of accidental loss and accidental deterioration of the goods from the provision of the goods in P.G.F. Industry Solutions GmbH´s warehouse. The transfer is the same if the customer is in default of acceptance. The shipment of the goods is carried out by authorized third parties. The costs for packaging and transport will be charged to the customer. In addition,P.G.F. Industry Solutions GmbHis entitled, depending on the scope of the order or delivery, to charge a flat-rate administrative expense to the customer. The shipment of the goods is insured up to the amount of the sales value of the goods. The customer is not entitled to assert further claims against us. P.G.F. Industry Solutions GmbHis entitled to send goods by cash on delivery.
Unless otherwise agreed in writing, P.G.F. Industry Solutions GmbHis obliged to deliver only after receipt of payment. A payment is considered received, only if P.G.F. Industry Solutions GmbHcan dispose of the invoice amount. Payments by check are valid only after P.G.F. Industry Solutions GmbHreceiveda credit note. If we have committed ourselves to advance payment, we are entitled, if after conclusion of the contract justified doubts about the solvency or creditworthiness of the customer occur or become apparent, to refuse preliminary work until the consideration is effected or security has been provided. For events, e.g. force majeure, which leads to a deterioration of the ability to deliver, such as delay in delivery of producers, breakdowns, strike, theft and other cases of force majeure, P.G.F. Industry Solutions GmbHis entitled at any time, in addition to a reasonable extension of the delivery period wholly or partially to withdraw from the contract. The customer or third parties do not have any right to claim indemnification, especially no compensation. The customer or third parties do not have any right, whatsoever, to claim indemnification, especially no compensation. The customer ids also not entitled to withdraw from the contract. In case of destruction of the goods by force majeure, P.G.F. Industry Solutions GmbHis entitled to provide another, adequate delivery. P.G.F. Industry Solutions GmbHis also entitled to partial deliveries. If the customer is in default of acceptance or breaches other obligations to cooperate, P.G.F. Industry Solutions GmbHis entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the time at which the customer is in default of acceptance.
Terms of payment
The invoices provided by P.G.F. Industry Solutions GmbHmust be paid within 10 days of the date of invoice, net cash. In the event of default of payment, P.G.F. Industry Solutions GmbHis entitled to charge to default interest of 8% above the base rate p.a.. P.G.F. Industry Solutions GmbHis also entitled to assert further damages caused by default. P.G.F. Industry Solutions GmbHis also entitled to charge all costs associated with the monitoring and enforcement of the claim and necessary for the appropriate legal prosecution, such as collection charges. Partial payments apply first to additional charges, then to interest and only then to the oldest debt. In the event of default in payment, checks or bills of exchange deviating from all previously agreed agreements, all existing claims become due immediately. In addition, P.G.F. Industry Solutions GmbHis entitled to claim in advance or unsettled consignments of goods in advance or demand security deposits or withdraw from the contract without notice. The same applies if P.G.F. Industry Solutions GmbHbecomes aware that the customer is unreliable or untrustworthy by exceeding the customer’s target or by other circumstances. Furthermore, P.G.F. Industry Solutions GmbHis entitled to use the goods elsewhere without warning in the event of destination overruns or unreliability of the customer. In addition, P.G.F. Industry Solutions GmbHexpressly reserves the right to assert the damage incurred beyond that against the customer.
Compensation ban and retention right
The customer is not entitled to set off or exercise a set-off or a right of retention due to any counterclaims or claims of the customer against our claims.
Complaints and warranty
The customer is obliged to inform P.G.F. Industry Solutions GmbH in writing of any defects within 5 working days of receipt of the goods at the place of destination. Hidden defects must be reported to P.G.F. Industry Solutions GmbHin writing within 5 working days of discovery, at the latest within six months after delivery in writing. In the case of defects that are not appropriately and timely, the assertion of any warranty and claims for damages is excluded. In the first six months after delivery of the goods, the customer must also prove the existence of a defect at the time of delivery. In the case of proper and justified complaints, the customer has the right of return against replacement within the scope of the contractual agreements. If a replacement delivery is not possible, the customer is entitled to issue a credit note for the invoice value of the returned goods. Other warranty claims do not exist. In addition, the customer has no further claims for compensation, in particular claims for damages are excluded. Returned goods will only be taken by P.G.F. Industry Solutions GmbHif the customer notifies the shipment in advance in writing. The customer has the full burden of proof for all claims, for the defect itself, the time of the discovery of the defect and the timeliness of the complaint.
Limitation of liability and exemption
The provisions on the statutory warranty apply. The warranty period is one year from handover unless otherwise agreed. Our liability is limited to intent and gross negligence outside of the product liability law. Excluded are the liability for slight negligence, the replacement of consequential damages and financial losses, unrealized savings, interest losses and damages from claims of third parties against the customer.
The above limitations do not apply to damage to persons. In any case, any liability P.G.F. Industry Solutions GmbH may incur is limited in amount to the amount of the agreed fee or the purchase price for the respective order. Any further liability is expressly excluded.
Retention of title
All deliveries of goods remain the property of P.G.F. Industry Solutions GmbH until full payment of the purchase price and until settlement of a debit account balance, for example, at the expense of the customer. The customer is entitled to dispose of the goods in the proper business area. A seizure or other seizure by third parties must be notified to us immediately. The customer is obliged to insure the delivered products against damage. The customer hereby assigns his claims under these insurance policies to us. If the customer is in default of payment or if the customer does not fulfil any other essential contractual obligations, P.G.F. Industry Solutions GmbH can demand the surrender of the reserved goods and then utilize them. The customer must tolerate the removal and grant P.G.F. Industry Solutions GmbH access to the customer´s business premises for this purpose. This procedure does not represent a withdrawal from the contract. The customer is liable in this regard for the difference between the surcharge and the actual realization proceeds.
Place of fulfillment
The place of performance for deliveries and payments is the respective registered office of P.G.F. Industry Solutions GmbH. The place of jurisdiction for all disputes arising directly or indirectly from the contracts or these terms and conditions is the Austrian court with jurisdiction for P.G.F. Industry Solutions GmbH´s registered office.
Austrian law applies, excluding the reference standards. The provisions of the UN Sales Convention do not apply.
The customer is obliged to keep all information provided byP.G.F. Industry Solutions GmbHconfidential. Any further use or transfer to third parties must be granted or approved by P.G.F. Industry Solutions GmbHin writing. Excluded are advertising and marketing materials that are described by P.G.F. Industry Solutions GmbHor designatedfor the customer.
The customer must inform P.G.F. Industry Solutions GmbH immediately in writing of any changes of the customer´s name, the company, address, legal form or other relevant information, the customer has to inform P.G.F. Industry Solutions GmbH immediately in writing.
Should one or more provisions of these terms and conditions be or become void or invalid, this shall not affect the validity and legal validity of all other provisions. In place of the non-applicable provisions, such provisions shall be deemed to have been agreed that most closely approximate and most closely correspond to the original purpose of the void or ineffective provisions.
As of 2018/03