I. OFFERS AND SALES CONTRACT
Our offers are nonobligatory if not stated differently. All agreements will become obligatory with our written confirmation only. We shall not agree to any divergent terms of conditions of the contracting party. Any objection to the order confirmation needs to be made without delay latest within 3 days. Written offers are valid for 1 month except for errors and price increases by the producing companies.
II. PRICES, TERMS OF PAYMENT, SECURITIES
- We reserve the right to change prices in case of changes until the date of delivery.
- If terms of payment are not fulfilled, we are entitled to insist on payment in advance. If payment on installments is agreed on, the entire amount is due if one installment is delayed for a week. The same holds true for the case of bankruptcy by the buyer. Deposit payments are seen as security and will be deducted from the last open invoice.
- The buyer agrees that his personal data is given to KSV1870 Information Gmbh, 1120 Wien, Wagenseilgasse 7, DVR 3003908 (credit bureau) or used for Tenne related issues. Data will not be forwarded to external companies.
- All goods shall be paid – if not agreed differently – in cash at collection.
The goods are delivered on risk and danger of the buyer without any right to claim any compensation. The risk attached to the goods shall be transferred to buyer when the goods leave the ramp at our warehouse. All goods must be checked at take over for quantities and damages, we do not accept any claims made at a later date.
IV. TERMS OF DELIVERY
- Any given delivery dates are nonobligatory and are fulfilled with the information that they are ready for pick up.
- If Tenne cannot fulfill the contract due to unforeseen events (e.g. war, force majeure, etc.) we shall have the right to withdraw from the contract. TENNE
- Any claims for compensation for delay in delivery shall be excluded.
- We only accept any claims after the goods are entirely paid for. Transport damages can only be accepted if immediately notified at take over of the goods. Any compensation for damages notified after installation shall be excluded.
V. WEIGHT, DIMENSIONS
Technical specifications regarding dimensions, colours and weight are approximately. Deviations are legit.
VI. WARRANTY AND LIABILITY
- We grant a warranty of 6 months for sale products, show room and fair items.
- No claims are accepted for tiles after they are laid. In any case the warranty is limited to the value of the goods. Flaws in the products have to be notified without exception before laying the tiles latest one week after receipt. Warranty claims according to clause V or customary deviations shall be excluded.
- If a warranty claim is justified we shall take back the goods and replace them with flawless products.
- Obvious warranty claims have to be made by take over of the goods. Later notified claims shall be excluded. If the goods are not taken over by the buyer we are entitled to send the goods on risk and costs of the buyer to the buyer.
- The buyer is not entitled to any other demands regarding defective goods especially not the withdrawal from the contract or any compensation. Claims do not entitle the buyer to postpone the payment.
- In case of unjustified claims we reserve the right to charge the costs to the buyer.
- The stated terms are also valid for delivery of other non-contractual goods.
- For delivery with a forwarding agent we will charge EUR 69,- without VAT for each pallet or 3% of the value of the goods. Deliveries with forwarding agents are carried out until sidewalk.
VII. RETENTION OF TITLE
- The delivered goods shall remain in the possession of Tenne Export-Import HandelsgmH until full payment of the goods is made (retention of title). Tenne Export-Import HandelsgmH
- Any further processing of goods from clause VII – 1. does not exclude our retention of title for the goods involved.
- The buyer is responsible for a safe and appropriate storage of the goods in our possession and to take out insurance on his cost against theft, fire or any other damages. We are entitled to see the respective certificates of the customer at any time.
VIII. EXEMPTION FROM LIABILITY
Our liability is only valid for the above mentioned clauses. Any claims that are not explicitly mentioned above – also compensation for culpable actions – shall be excluded.
IX. PLACE OF EXECUTION AND JURISDICTION, APPLICABLE LAW
- Place of execution is the delivery plant, for delivery ex warehouse the warehouse and for the duty of payment of the buyer the place of execution is Leoben.
- Exclusive place of jurisdiction is Leoben.
- For all legal matters between Tenne and the buyer only the law of the republic of Austria is applicable.
X. RETURN GOODS
- Non-stock items, sale products, show room and fair items shall be excluded from return.
- Only stock items shall be taken back latest 1 month after invoice date. A minimum return fee of EUR 6,- without VAT or 15% of the value of the goods is deducted from the value of the returned goods. For returned goods only a credit note will be issued – refunds in cash shall be excluded.
Should a provision of these or other terms and conditions be ineffective, this shall not affect the legal force of the remaining provisions. The ineffective provision shall be replaced by one which best approximates the commercial intent and purpose of the original provision.