Unless expressly agreed otherwise, our general terms and conditions, which have been made known to the contractual partner, apply. Our contractual partner agrees that, in the event of his use of the general terms and conditions, our terms and conditions are to be assumed, even if the contractual partner's terms and conditions remain unchanged.

Offer / prices

Our prices are non-binding and subject to change and apply to the respective item or service offered. The contract is only considered concluded when we have sent a written order confirmation. In the event of deviations from orders in terms of packaging, minimum quantities and transport, we allow ourselves to charge a price surcharge. These are shown separately on the invoice. In the absence of any other agreement, we are entitled to invoice the work to be performed by us based on the actual occurrence and the expenses incurred by us. If no justified objection is made in writing to our invoice within 5 working days, it is in any case deemed to have been approved. We are expressly entitled to make partial invoices if the service is provided in parts. Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax. In the case of offsetting, the statutory sales tax will be added to these prices.

confidentiality 

Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular forwarding, duplication, publication and making available, including copying even in extracts, requires our express consent. All of the above documents can be reclaimed from us at any time and must be returned to us immediately without being asked if the contract is not concluded. In addition, our contractual partner undertakes to keep the knowledge gained from the business relationship confidential to third parties.

Terms of payment

The invoice is to be paid according to the specified payment conditions. Payment is only to be regarded as made on time if the amount has been received on the due date or has been credited to our account. Possible delays in payment are to be reported immediately. If the delay in payment is not remedied within a reasonable grace period, we are entitled to withdraw from the contract and / or to demand compensation for non-performance. This applies in particular to follow-up business that has been agreed but has not yet been carried out. If we become aware of facts from which it emerges that the buyer is no longer creditworthy, we are entitled to demand payment before delivery of the goods even if something else was previously agreed and to make our claims due. The withholding of payments due to alleged counterclaims not recognized by us or legally established by the purchaser is not permitted, nor is offsetting against such counterclaims.

Retention of title

The goods remain our property until the purchase price and all costs and expenses have been paid in full. In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract. We reserve the right of ownership to the delivered goods until they have been paid for in full. If the delivered goods are processed or processed before payment, the seller acquires aliquot co-ownership of the semi-finished or finished product.

Non-performance / delay in delivery and performance

In any case, the customer has to accept minor overruns of delivery times for goods without being entitled to a claim for damages or a right of withdrawal. The delivery date is fixed insofar as we can withdraw by a simple declaration in the event of default by the contractual partner without setting a further grace period. This declaration must be made within 3 days. We are entitled to assert all damages resulting from the delay. Delays in product developments will be communicated to the client and a new date will be given.

shipping

All goods are dispatched at the buyer's risk; incoterm EXW is agreed for deliveries abroad. Goods are only insured by us at the express request of the buyer and at his expense. The buyer holds us harmless for assistance in the context of loading activities.

freight charges

Our prices are carriage paid to the recipient's station. The prices for delivery abroad are based on the incoterm EXW (Austria, D, NL, PL, I, CH). Any freight or special travel costs incurred are shown separately on the invoice.

packagings

Packaging provided on loan must be handled carefully and returned immediately after emptying at your own expense. If this does not take place within one month after emptying or the best before date of the contents, we reserve the right to organize the retrieval and, if necessary, disposal of the contents ourselves, but to invoice them. For packaging that is damaged or can no longer be found, we will invoice the value as new.

Technological and legal advice

We do not assume any liability for technical assistance and legal advice; in particular, services and legal information do not release the buyer from carefully checking the suitability (through trial productions of the articles and legal advice from authorities, etc.) of the solutions and suggestions for improvement offered. The documents created serve as recommendations and must be checked and approved by official authorities. Schneilinger Consulting is not liable for any complaints due to incorrect documents. Production proposals are also created to the best of our knowledge and belief, but must be discussed and checked in advance in consultation with the contract manufacturing company. Schneilinger Consulting cannot accept any liability here either.

Product development

Developments are carried out on customer request. The requested composition is composed to the best of our knowledge and belief, legal information and documentation must be submitted to official authorities and offices to check for correctness. Schneilinger Consulting cannot be held liable for the stability of the products or, in the event of displeasure / complaint, be confronted with claims for damages. The legal admissibility must also be checked by the buyer. The buyer has the right to withdraw from the contract against payment of 30% of the invoice amount without giving reasons (§ 909 ABGB).

Unilateral changes in services

Objectively justified and appropriate changes to our performance or delivery obligation, in particular appropriate delivery deadlines or short-term overruns on our part, are deemed to have been approved in advance. Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to overruns of delivery times. If the actual time limit can be estimated, but no later than one week before the originally agreed delivery date, we will announce how long a delay can be expected.

Warranty / complaints

The transferee always has to prove that the defect already existed at the time of handover. The goods must be examined immediately after delivery. Defects detected in the process are also to be reported to the seller immediately, but no later than 2 days after delivery, stating the type and scope of the defect. Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty or damage claims as well as the right to avoid errors due to defects are excluded in these cases. We are not liable for damage resulting from incorrect use of the product or from processing unsuitable materials. Small fluctuations in quality as well as objectively justified and appropriate changes to our performance obligation are to be tolerated by the buyer and do not entitle the buyer to refuse acceptance or to claim damages.

Compensation

Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Claims for compensation expire within 2 months from knowledge of the damage and the damaging party. Apart from personal injury, we are only liable if the injured party can prove gross negligence. The applicability of the rules of the laesio enormis is excluded.

Product liability

Any recourse claims that contractual partners or third parties make against us under the title “product liability” within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.

Force majeure

Events of force majeure, legal dispositions, in particular regarding the supply of raw materials, non-compliance with delivery contracts on the part of our suppliers entitle the seller to withdraw from the contract or its unfulfilled part without any obligation to pay compensation.

Refusal of performance and prohibition of retention

Justified complaints do not entitle to withhold the entire, but only an appropriate part of the invoice amount.

Formal requirements

All agreements, subsequent changes, additions, subsidiary agreements, etc. must be made in writing to be valid, including the original signature or the secure electronic signature.

Choice of law

Austrian substantive law is to be applied to this contract, the applicability of the UN sales law is excluded. The contract language is German.

Place of jurisdiction

For the decision of all disputes arising from this contract, the competent court at the headquarters of our company is locally responsible (A-2100 Korneuburg, Lower Austria). However, we also have the right to sue at the general place of jurisdiction of the contractual partner.

Treasury clause

If individual provisions of these delivery and sales conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.

General

We expressly reserve the right to make changes of any kind. We are not liable for verbal information or promises by our employees. All of our offers are non-binding. Subject to prior sale. Oral agreements require written confirmation to be valid. As far as the use of our products is subject to special legal regulations, the buyer is responsible for checking and observing all related questions. Every recommendation about the use of our products is made to the best of our knowledge and is intended to provide advice. Due to the variety of possible applications and the conditions of use that are beyond our control, we cannot accept any liability for individual cases.

Electronic billing

Our customer agrees that invoices can also be created and sent to him electronically.

valid from 2021

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