General Terms and Conditions
General Terms and Conditions
of Neumann GmbH, Leithagasse 15, 2473 Potzneusiedl, Austria
Updated: 06/2012, version no. 2
1) Area of application
a. The following General Terms and Conditions apply to business relationships between our company and the customer.
b. A consumer transaction in accordance with these General Terms and Conditions is a legal transaction with a customer where the business does not come under the operations of his/her company (Section 1, KSchG [Consumer Protection Act]).
2) Contractual conclusion
a. Our offers are non-binding. A contract comes into effect with the approval of a written order confirmation. Order confirmations are deemed to be accepted as long as an immediate rejection is not provided by the customer or buyer. Alternatively, the contract also comes into effect by the fulfilment of the contractual offer, in particular by the supply of the goods ordered by the customer.
b. Deviating conditions. If the underlying business is not a consumer transaction, provisions which deviate from the contents of the contract (integral parts of the contract) must be made in writing in order to have legal effect.
c. If the order confirmation or another legally-binding declaration of our company contains typos or printing errors, or if the price calculation is based on errors arising from the transmission of messages, our company is permitted to dispute the declaration due to an error, whereby our company is obliged to provide evidence of the error. Any payments received shall be refunded immediately in this case.
a. Right of withdrawal. A customer can only withdraw from a contract if the underlying business is a consumer transaction, the customer did not initiate the business transaction itself to conclude the contract, no discussions preceded the contract coming into effect and for contracts about the delivery of goods, which have been produced according to the customer specifications or have been clearly tailor-made to the personal requirements of the customer. This withdrawal can be declared in writing within one week of the receipt of the order confirmation, including all business conditions (incl. instructions about the right of withdrawal). If a customer withdraws from the contract, he/she has to return already delivered goods immediately, although at the latest within 14 days, to our company at his/her own risk. The address for returns is: Neumann GmbH, Leithagasse 15, 2473 Potzneusiedl.
b. Cancellation fees. In case of a cancellation by the customer our company is permitted, regardless of the assertion of any further compensation or remuneration as per Section 1168 ABGB [Austrian Civil Code], to demand a cancellation fee of 10%, and for special productions 30% off the order total after the start of production work. In case of a written withdrawal from contract on time as per Section 3, KSchG [Consumer Protection Act] (see point 3a), fees are to be paid by the customer according to the specifications of Section 4, KSchG.
a. The prices stated in the contract are quoted unpacked ex-works (=EXW as per Incoterms 2010) Potzneusiedl, plus any applicable legal VAT, unless something else is agreed in the contract. The invoicing is done in Euros (EUR).
a. Term of payment. The payment conditions are explicitly specified in the contract. If the customer does not meet the agreed payment term, our company is permitted to withhold any partial or full deliveries. Any bank fees are to be borne by the customer.
b. Demand and bad debt fees. In case of a default in payment, the customer is obliged, by its contractual obligations, to reimburse our company for the demand and bad debt fees necessary for adequate legal prosecution.
c. Default interest. In case of a default in payment – even if it is not the fault of the customer - an interest rate of 8 percentage points above the respectively applicable base rate of the European Central Bank will be charged as compensation for the credit fees incurred by our company, subject to the assertion of any further damage. For consumer transactions an interest rate of 4 percent applies.
6) Place of performance
a. If a particular place of delivery is not specified, the place of performance is the registered office of our company.
a. Delivery deadlines. If fixed deadlines have not been explicitly agreed, the stipulated delivery deadlines apply as provisional deadlines.
b. Partial deliveries. The customer is obliged to accept partial deliveries, providing it is reasonable and full delivery was not agreed.
c. Surplus or short deliveries. In case of special productions or customised articles, the delivered quantity may be up to 10% greater or less than the contractually agreed delivered quantity.
General Terms and Conditions 6/2012-12
d. Transfer of risk. All risk, including that of accidental ruin, is transferred to the customer at the time of performance (transfer of risk). For ex-works deliveries, the moment of fulfilment is the time of the transfer to the freight forwarder or, in case of free delivery, upon the transfer of the power of disposition to the customer.
a. The legal warranty provisions apply to consumer transactions. The following deviations apply to other transactions: if obvious defects are not reported immediately or if the parts affected by a defect are modified by a party other than our company, unless they concern emergency repairs or the delay of our company in the rectification, then the warranty claims of the customer expire. The warranty period is six months. The customer has to prove the presence of a defect at the time of the transfer contrary to the presumption rule from Section 924, ABGB [Austrian Civil Code]. Our company has the choice between rectification and exchange.
a. Minor changes to specifications. Changes to the agreed specifications or deviations are reasonable for the customer if they are minor and justified technically. A technically justified reason includes in particular material-related deviations in, for example, dimensions, colours, wood finish, grain pattern and structure. Our production-specific tolerances are +/- 1.5mm for all length measurements and +/- 1 degree for all angles.
b. Dimensions and data provision by the customer. If plans, sketches or printed data are provided by the customer or details are provided about dimensions, the customer is liable for the correctness, provided the incorrectness is not apparent. If information provided by the customer turns out to be incorrect, our company has to inform the customer immediately and request corresponding instructions from the customer. The costs incurred until this point are to be borne by the customer. If instruction is not received, or not received within a suitable deadline, the customer will be liable for the consequences of default.
c. Data transfer. For the production of imprints, customisations or printing tools, digital data templates are required. They should be transferred in original size in a vector data format (1c; 100% black) by e-mail or on a data carrier. Alternatively the data can also be provided as pixel data (1c; 100% black) in sufficient resolution (at least 300dpi in the original size). In case of multi-colour imprints the data is to be created in separate colours (again 1c or 100% black respectively). It has to be observed that the data is taken over 1:1 and the customer bears responsibility for any errors. In case of evidently defect data our company will contact you.
d. Certifications. Data for certification (e.g. PEFC, FSC, IPPC or ISPM) requested or required by the customer for any articles must be notified explicitly upon the conclusion of the contract by the customer.
e. Rights of ownership and disposal. Plans, sketches and other technical documentation as well as brochures, catalogues, samples and photos remain the intellectual property of our company. Any utilisation or reproduction requires the explicit approval of our company. Furthermore, printing and other tools produced for and invoiced to the customer are the property of our company and are only intended for internal reuse. In addition our company has the right to create photographs of the products produced for the customer and to use them where applicable in brochures, catalogues and on the internet.
10) Retention of title
a. All supplied articles remain the property of our company until full payment. In case of a default of payment by the customer, our company is permitted to take back the items in its retained ownership, without equating to a withdrawal from the contract.
b. Disposal and access to retained property. The customer is not permitted to a pledging or any other legal use of the retained property without the approval of our company. Third party access to the retained property (attachment or other legal or official disposals etc.) is to be reported to our company immediately. The customer has to take all measures to prevent the access. It has to bear the associated costs for this and indemnify and hold our company harmless if it caused the access of third parties.
11) Place of jurisdiction
a. In case of disputes arising from this contractual relationship, which are based on these General Terms and Conditions, the place of jurisdiction is agreed as the responsible court for the (main) registered office of our company. In case of consumer transactions this only applies if the customer has its residence, its normal place of residence or place of employment in the area of jurisdiction of this court at the time of the conclusion of this contract.
12) Choice of law
a. Austrian law applies exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, even if the customer or buyer has its place of residence or company residence abroad.
13) Contractual text of the General Terms and Conditions
a. These General Terms and Conditions can be viewed at any time on our company's website and can also be saved on your computer. You will also be sent the General Terms and Conditions together with the order confirmation.
14) Severability clause
a. If individual provisions of these General Terms and Conditions are invalid, all the others retain their validity.