Rabensteiner Präzisionswerkzeuge GmbH & Co KG
Gewerbestrasse 10, A-4522 Sierning
T +43 (0)7259 / 23 47-0, F +43 (0)7259 / 31 62
General terms and conditions RABENSTEINER Präzisionswerkzeuge GmbH & Co KG
1. These conditions form an integral part of all our offers, sales, services and deliveries. The General Terms and Conditions (GTC) of Rabensteiner Präzisionswerkzeuge GmbH & Co KG form the basis for all business transactions between us and our contractual partners.
Deviations from these terms and conditions shall only be effective in individual cases if they have been confirmed by us in writing. The General Terms and Conditions (GTC) of the contractual partner do not bind us – even if the validity of the same is stated as an express condition in these terms and conditions – even if we do not expressly object to them. We shall only be bound by the GTC of the contractual partner if these have been accepted by us in writing.
2. Our offers are always subject to change and non-binding. An order confirmation is not mandatory, but subject to change.
3. All agreements or ancillary agreements made shall only become effective upon our written confirmation.
4. Copyrights and other industrial property rights are not transferred or granted for use by Rabensteiner Präzisionswerkzeuge GmbH & Co KG in connection with offers, sales or deliveries.
II. Right of withdrawal and provision of security
If an offer has been accepted by Rabensteiner Präzisionswerkzeuge GmbH & Co KG and it transpires that the financial circumstances of the contractual partner are so poor that our claims are at risk or if it becomes known that the creditworthiness of the customer is reduced, these circumstances shall entitle us to refuse our performance until the counter-performance has been effected or security for the same has been provided.
We may demand the resale of the goods delivered under retention of title as well as their surrender or the transfer of indirect possession at the expense of the contractual partner. In this case, we may declare withdrawal from the contract and claim damages for non-performance.
III. Delivery times
1. Delivery dates announced by Rabensteiner Präzisionswerkzeuge GmbH & Co KG are subject to change. The specification or agreement of delivery times does not constitute a firm deal. The non-binding delivery period stated by Rabensteiner Präzisionswerkzeuge GmbH & Co KG shall commence at the earliest upon acceptance of the order (order confirmation), but never before clarification of the technical details. The contractual partner is entitled to withdraw from the contract by written declaration if the delivery date specified by Rabensteiner Präzisionswerkzeuge GmbH & Co KG is exceeded by four weeks and also the further grace period of four days granted by the contractual partner. Any further claims, in particular claims for damages, are excluded. If the contractual partner makes use of the above agreement in the case of an overall order, the contractual partner's declaration shall only apply with regard to those partial deliveries in respect of which the delivery period has been exceeded. Events of force majeure shall entitle us to extend the deadlines or cancel the delivery obligation to the exclusion of claims for damages by the contractual partner.
2. With regard to partial deliveries carried out by us, we are entitled to issue partial invoices.
3.In the event of default of acceptance on the part of the contractual partner, we shall be entitled at our discretion either to demand fulfilment or to withdraw from the contract by setting a grace period of 14 days. In this case, we are entitled to demand either a cancellation fee of 30% of the list price or the higher damage actually suffered and lost profit without concrete proof of damage.
4. If the contractual partner is in arrears with the payment of liabilities to Rabensteiner Präzisionswerkzeuge GmbH & Co KG, even if the arrears existed at the time of the new conclusion of the contract or the new contract was concluded before the due date of the previous contract, we shall be entitled to refrain from the performance of legal transactions already concluded. In this case, the contractual partner shall not be entitled to any claims for damages or other claims whatsoever.
5. Transport is always ex works for the account and at the risk of the contractual partner. The goods shall only be insured at the express request of the contractual partner and in this case at the latter's expense.
6. If the goods are to be delivered by Rabensteiner, the contractual partner undertakes to provide a suitable area at the delivery address where the goods can be delivered. Delivery shall be made exclusively at ground level and the contractual partner shall be obliged to ensure that a person authorised to represent the contractual partner can accept the delivery. If a further delivery is necessary due to behaviour of the contractual partner contrary to the agreement, the charging of a delivery fee in accordance with the respective valid price list of Rabensteiner Präzisionswerkzeuge GmbH & Co KG is agreed. In the event of agreed delivery free domicile, the transfer of risk shall occur upon unloading at ground level.
1. The prices quoted by us are calculated on the basis of the wages and material costs applicable at the time of conclusion of the contract. Should an increase in these costs have occurred between the preparation of the quotation and the delivery of the goods, these price increases shall be added to the agreed price. The prices quoted by Rabensteiner Präzisionswerkzeuge GmbH & Co KG are generally exclusive of VAT, assembly, shipping costs, insurance and other ancillary costs ex delivery warehouse.
V. Terms of payment
1. Unless otherwise agreed, deliveries and services are due for payment within 10 days net from the date of invoice. In the event of default in payment, we shall be entitled to demand interest on arrears at the bank rate of 10% p.a. in any case. In the event of default in payment, all reminder, collection and court costs shall also be reimbursed. In this case, the costs for a reminder are 35 euros and for a lawyer's letter of demand the costs according to RATG TP 3/A are to be paid.
2. In the event of default in payment – including partial payment – by the contractual partner, all existing claims of Rabensteiner Präzisionswerkzeuge GmbH & Co KG shall become due immediately and the latter shall furthermore be entitled to withdraw from all contracts not yet fulfilled without notice.
3. The offsetting of a counterclaim is only permissible by contractual partners if it has been established by a court or recognised by Rabensteiner Präzisionswerkzeuge GmbH & Co KG. The contractual partner, on the other hand, is obliged to set off all outstanding claims of Rabensteiner Präzisionswerkzeuge GmbH & Co KG against their own delivery claims from the existing business relations at the request of Rabensteiner Präzisionswerkzeuge GmbH & Co KG.
4. Bills of exchange shall only be accepted by Rabensteiner Präzisionswerkzeuge GmbH & Co KG if expressly agreed. Discount and bill charges in this respect shall always be borne by the contractual partner. A bill of exchange is only accepted if it is discounted by our banks. Such payments shall only be deemed to be guaranteed once the bill of exchange has been encashed and the acceptance shall only take place on account of payment.
5. Payments are first charged to incidental expenses, then to interest and finally to principal.
VI. Retention of title
1. All goods of Rabensteiner Präzisionswerkzeuge GmbH & Co KG are delivered under retention of title. They remain the property of Rabensteiner Präzisionswerkzeuge GmbH & Co KG until full payment of all claims, including future claims, arising from the business relationship with the contractual partners. In the case of a current account, the retained title shall be deemed security for the balance claim of Rabensteiner Präzisionswerkzeuge GmbH & Co KG.
2. The conditional buyer (contractual partner) is entitled to process and sell the goods. In this case, in the event of a cash purchase, the resale price shall not become the property of the reselling conditional buyer up to the amount of the outstanding purchase price. Rather, the latter shall keep the resale in safe custody separately and immediately transfer to us the amount of the outstanding purchase price. In the event of a credit purchase, the contractual partner hereby assigns to us as security the claim against their purchaser (second purchaser) to which it is entitled from the resale. The contractual partner is authorised to collect the assigned claim as long as they fulfil their payment obligation towards us in accordance with the contract. Upon request, the contractual partner shall immediately disclose the name and address of the customer as well as the amount of their claim and hand over all documents for the enforcement of the claims of Rabensteiner Präzisionswerkzeuge GmbH. Furthermore, the contractual partner is obliged to inform us immediately of any seizure or access to the goods by third parties. The contractual partner is obliged to bear the costs of measures to eliminate access by third parties to goods delivered under retention of title, in particular the costs of intervention proceedings, insofar as they cannot be recovered from the other party.
3. In the event of assertion of our retention of title, the conditional buyer (contractual partner) already now authorises us to withdraw possession of our goods without judicial assistance. Likewise, Rabensteiner Präzisionswerkzeuge GmbH & Co KG shall be entitled either to sell the object of purchase at the best possible price and to credit the proceeds obtained to the contractual partner against their outstanding obligations or to take back the goods at the invoice price and to charge the contractual partner a rental fee at the usual rental price for the period of their possession of the products delivered. This is subject to the assertion of further claims for compensation.
1. The warranty for professional execution is based on the applicable Austrian standards. The contractual partner is obliged to inspect each delivery for completeness and freedom from defects upon receipt. Notification of defects must be given by the contractual partner within eight days of receipt of the delivery, but in any case before installation and assembly. However, notices of defects by the contractual partner do not entitle them to withhold the invoice amounts. Defects which only become apparent after use and which are not due to defective assembly shall only be taken into account if the complaint is made in writing immediately after the defect has been detected, but at the latest within three months after receipt of the delivery.
2. Rabensteiner Präzisionswerkzeuge GmbH & Co KG may, at their option:
a. Carry out a rectification of defects with regard to a defective product.
b. Replace the defective product or the defective parts thereof, or
c. Take back the goods against reimbursement of the invoice amount paid and withdraw from the contract. Replaced parts become the property of Rabensteiner Präzisionswerkzeuge GmbH & Co KG.
3. Only if Rabensteiner Präzisionswerkzeuge GmbH & Co KG refuses in writing to remedy the defect shall the customer be entitled to have it remedied by third parties.
4. The warranty period shall not be extended by the rectification of defects.
5. The contractual partner shall only be entitled to rescission or price reduction if Rabensteiner Präzisionswerkzeuge GmbH & Co KG does not provide replacement or improvement according to item 3.
6. Rabensteiner Präzisionswerkzeuge GmbH & Co KG shall be liable for claims for damages only in the event of gross negligence, but not for consequential damages or other incidental damages, nor for other indirect damages.
VIII. Cancellation fee
If an exchange or cancellation of the ordered or delivered goods occurs due to an agreement between the contracting parties, the contractual partner shall in any case be obliged to pay a cancellation fee in the amount of 30% of the list price.
IX. Liability under the Product Liability Act (Produkthaftungsgesetz, PHG):
1. The contractual partner expressly waives the right to assert claims for compensation for property damage suffered in the course of their business (§ 2 number 1 PHG).
2. In the event that the contractual partner resells the goods that are the subject matter of the contract to another entrepreneur, they undertake to transfer the above waiver to the other entrepreneur.
3. In the event that such a transfer should fail to materialise, the contractual partner undertakes to indemnify and hold Rabensteiner Präzisionswerkzeuge GmbH & Co KG without damage and complaint and to reimburse all costs incurred by us in connection with strict liability.
4. Should the contractual partner themselves be held liable under the PHG, they expressly waive any right of recourse against Rabensteiner Präzisionswerkzeuge GmbH & Co KG.
X. For consumers
1. If the contractual partner is a consumer within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz, KSCHG) and if they have not made their contractual declaration either in the premises permanently used by the entrepreneur for their business purposes or at a stand used by them for this purpose at a trade fair or market, they may withdraw from their contract application or from the contract. This withdrawal may be declared up to the conclusion of the contract or thereafter within one week. The withdrawal must be in writing to be legally effective (§ 3 KSCHG).
2. The consumer may also withdraw from their contract application or from the contract if, without their instigation, circumstances relevant to their consent, which the entrepreneur has presented as probable in the course of the contract negotiations, do not occur or only occur to a significantly lesser extent.
Relevant circumstances are:
a. The expectation of the cooperation or consent of a third party that is necessary for the trader's performance to be provided or for the consumer to use it.
b. The prospect of tax advantages
c. The prospect of public funding
d. The prospect of a loan
3. The withdrawal can be declared within one week. The period starts as soon as it is apparent to the consumer that the above-mentioned circumstances do not occur or occur only to a significantly lesser extent. A declaration of withdrawal in this respect must be made in writing.
4. Cost estimates are subject to a fee and their accuracy is not guaranteed.
5. a. Rabensteiner Präzisionswerkzeuge GmbH & Co KG may withdraw from the contract without factual justification.
b. It is granted the right to assign their obligations or the entire contract with debt-discharging effect to a third party who is not named in the contract.
c. Rabensteiner Präzisionswerkzeuge GmbH & Co KG may unilaterally change or deviate from a service to be provided by them.
d. Rabensteiner Präzisionswerkzeuge GmbH & Co KG may demand a higher fee than the originally determined fee for their performance to be rendered within two months after the conclusion of the contract due to the above-mentioned reasons.
e. The obligation of Rabensteiner Präzisionswerkzeuge GmbH & Co KG to compensate for damage to an item that they have taken over for processing is excluded.
f. Claims of the consumer under § 908 ABGB are excluded.
XI. Invalidity clause
Should one of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
XII. Place of performance and jurisdiction
1. The place of performance for all deliveries and payments shall be A-4400 Steyr, even if the handover takes place at another location as agreed.
2. The competent court for all legal disputes arising between us and the contractual partner shall be the court in A-4400 Steyr. However, Rabensteiner Präzisionswerkzeuge GmbH & Co KG may at any time also bring an action before another court having jurisdiction over the contractual partner.
ONLY AUSTRIAN LAW IS APPLICABLE!