Home Products About us Contact You are here: Home / Terms of Service GENERAL CONDITIONS OF SALE AND DELIVERY Unless otherwise agreed in writing, we sell exclusively on the conditions set out in detail below, which shall be an integral part of every contract of sale entered into with us, even in the absence of an express confirmation thereof by the Buyer. Any reference to the Buyer’s conditions of purchase shall have no effect on the applicability of our sales conditions. 1. Delivery In the event that we are unable to comply with agreed delivery dates due to events unforeseen (Acts of God, wars, revolutions, civil commotions, strikes, lockouts failure of suppliers to deliver raw materials, fire, flood, droughts, earthquakes, storms, accidents, breakdown of machinery, detentions, police or health regulations, government instructions, negligence or carrier, railroad embargo, etc.) or from any other cause whatsoever beyond Seller’s control, such delivery dates shall be deemed to be suspended. The Seller shall inform the Buyer immediately of any such event, submitting the evidence thereof. In such cases, the Buyer shall not be entitled to charge the Seller for the loss caused by the delay or to rescind the agreement. 2. Notification of defects Notifications of defects shall only be deemed to be valid if they are submitted in writing by certified mail within 8 days after the receipt/delivery of the goods. Only originally packed material can be claimed. Materials must be stored separate, originally packed under suitable conditions up to the settlement of the claim. Shortfalls of package have to be marked on the CMR and have to be submitted within one day after receipt/delivery. Weight differences of +/-0,5% will not be taken into account. In no case can the Seller be held liable for damage incurred by the Buyer or by a third party as a result of the goods supplied by the Seller. The Buyer shall keep the Seller harmless against any such claims by third parties. Notifications of defects do not release the Buyer from the agreed payment terms. The invoice has to be paid without any deduction. 3. Terms of Payment As a matter of principle, Seller’s invoices are payable prompt on receipt per Swift without deduction apart from separately agreed payment terms. In case of exceedance of the agreed term of payment a default interest of 2% per month will be charged. 4. Reservation of title The seller reserve title to the goods supplied until payment in full is made. If the goods subject to this reservation of title are processed, the reservation of title shall extend to the product of such processing and the seller shall be entitled if the necessity arises to select for separation such amount of the said product as shall cover the value of the goods supplied by the seller. In the event of an encroachment by a third party, the buyer shall inform the seller immediately of the manner and perpetrator thereof. The buyer shall compensate the seller for the costs of any legal action. The buyer undertakes to insure at his expense any goods subject to the reservation of title. The legal consequences of processing as set out above shall also apply to compounds, mixtures or blends of the goods supplied. 5. Non-compliance Any breach of this agreement shall entitle the Seller to rescind the contract. The Buyer shall bear the costs of the return of the goods and shall also be liable for any damages incurred as a result of the breach of the agreement. 6. Court of jurisdiction The court of jurisdiction shall be the Handelsgericht Wien. Austrian law alone shall apply.gdh © Copyright - Wimex Metals Terms of Service Legal Notice Disclosure