The general terms and conditions apply to all deliveries and services of Haberkorn hi-tec-textiles, A. Haberkorn & Co. GmbH, Werndlstraße 3, 4240 Freistadt, hereinafter called Haberkorn, and their customers. Haberkorn only supplies companies, to which the legal transaction is part of their business (business customers). Haberkorn concludes contracts only under these conditions. Any contrary conditions of the purchaser are not recognized by Haberkorn, especially also not because of the fact that they are not expressly excluded in individual cases again. These conditions apply - unless expressly agreed otherwise – also for all future transactions between Haberkorn and the client in question.
The sending of price lists or catalogues is not an offer and is not obliged to deliver to the receiver on the rates and conditions thereof. Haberkorn reserves the right to reduce the quantities ordered, remove goods that are not on stock, to make partial deliveries or refuse orders entirely. The representatives of Haberkorn have no final authority and no power of attorney for the company. Contractually binding agreements can therefore only be taken by the authorised general management. The contract is only becoming binding through the acceptance of Haberkorn in the form of an order confirmation with the specifications mentioned therein. All goods are supplied only in the specified types and packaging units. Information on dimensions, weight, strength, color, power, etc. is a guidance value. Patterns or pictures are only contractually relevant if they were explicitly defined in each case as a contractual requirement. Layout-, construction- or design changes remain reserved.
For custom-made products, the exact delivery quantity depends on the conditions of production at Haberkorn. Production related short lengths and under- or over-deliveries to the extent of 10% are permitted and must be accepted at the agreed prices. The allowable number of cuttings at weaving or braiding goods is 2 (two) per 100 meters, where no single short length must be shorter than 20 meters.
4. Delivery / Shipment:
Haberkorn meets the contracts by delivering to the carrier (post, rail, carrier, etc.), even if the transport is at the expense of Haberkorn. Any transport insurance is only at the request and expense of the customer. Place of fulfilment is therefore 4240 Freistadt, Austria. All shipments are delivered free house within Austria from a value of € 250 and higher (CPT Incoterms 2010). For any orders below this value a small order and freight charge of € 15 will be charged and is accepted by the customer. Orders under a net value of € 100 (€ 500 for deliveries outside of Austria) are generally not accepted by Haberkorn. For shipments outside of Austria, the general delivery condition is EXW (Incoterms 2010), freight will be charged at real costs. The transport risk is at the purchaser. The choice of mode of transport remains reserved to Haberkorn. The purchaser confirms that a heavy truck can drive directly and close to the delivery address. Packaging is not taken back by Haberkorn.
Obvious defects or shortages are to claim immediately when taking over the goods. The notice period for the use of the products delivered and contractual correspondence is seven working days. Later complaints cannot be accepted. The warranty obligation of Haberkorn is not applicable if usage, operation, or maintenance instructions are not followed, the product is exposed to dirt, moisture, or special heat, any changes to product are applied or any other measures were taken so that the delivered product is no longer corresponding and meeting the original specifications. The warranty period is 1 year from the date of taking over the goods. In case of any returning of goods the written consent of Haberkorn has to be obtained beforehand. Returned goods must be adequately and properly packaged. Damages to inadequately packed or unpacked returned goods are considered to be caused by the buyer or sender. According to the agreed place of fulfilment (Freistadt) the cost of return transportation will be covered by the purchaser (sender). In case of unjustified complaints Haberkorn is entitled to recover the costs of complaints.
For all damages in connection with the provision of contractual services, Haberkorn is liable only to the extent that such damages are reported immediately and also only when they are the result of intention or gross negligence of Haberkorn. The liability of Haberkorn for any consequential or indirect damages or pure economic loss is expressly excluded. Haberkorn is liable for the safety of the products under the statutory provisions of the Product Liability Act, when properly used according to the agreement and under the condition that Haberkorn has a comprehensive possibility to check the cause of the damage given.
7. Prices / Terms of Payment:
Catalogue prices are non-binding. Price lists are only internal guidelines and do not include any offers. Reseller prices do not include VAT. Payments shall be made in accordance with the payment conditions agreed upon. If no such conditions have been specifically agreed upon, payment shall be made without deduction within 10 days as from the invoice date, at the latest. Any deviating payment terms require a written agreement. New customers (opening transaction) will be supplied only COD (Collect on delivery) or prepayment. If payment is delayed statutory interests, pursuant to § 352 UGB, as from the due-date, dunning fees and attorney collection costs are recognized by the buyer. In arrears with payment, received payments will be used, independently of any dedication of the customer, first to cover dunning charges, then to cover interests and then to cover the original invoice sum. A set-off against any counterclaims is excluded or only allowed if Haberkorn has approved the off writing.
8. Retention of title:
Until full payment the goods sold remain the property of Haberkorn. An extended retention of title is expressly agreed. In case of processing, combining or mixing of objects under retention of title with any other items, Haberkorn is on the title-ownership of the new item in proportion of the invoice-value of the reserved goods to the invoice value of the other goods. Further processing is permissible only if any resulting payment demands are assigned to Haberkorn. Any garnishments to goods under retention of title are to report immediately to Haberkorn.
9. Applicable law and jurisdiction:
For all disputes arising from contracts concluded by Haberkorn and about their legal existence, the exclusive applicability of Austrian law is agreed, excluding any conflict of laws rules. In particular, the application of the UN Sales Convention and the Regulations No. 2008 L 177S (Rome I) and No. 864/2007 (Rome II), as amended, is expressly excluded. For all disputes the exclusive jurisdiction of the for the office of our company in 4240 Freistadt, Austria, competent court is agreed.
10. Information in accordance with the Data Protection Act:
The customer acknowledges that Haberkorn stores customer data in the context of business for on-site use and give their express agreement to this.