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Terms and Conditions

  1. The following terms and conditions are part of all contracts concluded by us. They exclude differing business terms of business partners. Divergent agreements are legally valid only in written form. Our offers, in particular those on our website, remain as free information and be understood as an invitation to offers without commitment. Orders and their amendments are only binding for us if they are confirmed by us in writing (fax, e-mail). Silence shall not constitute as consent. Unconfirmed orders are deemed as not accepted. Our offers are directed exclusively to companies that buy products in the context of their business. Orders from consumers will be carried out only in exceptional cases by a separate written agreement. These terms and conditions shall not apply to any legal transactions with consumers.

  2. The seller is not liable for non-performance or delay, whether caused directly or indirectly. The seller is not liable for further force majeure or other events or causes which are beyond the sphere of this seller. Quantities that are affected by it may be canceled by the seller or delivered later. The buyer has no right to claim any kind of damages.

  3. We supply, unless otherwise agreed in writing, the uninsured items at the expense and risk of the recipient from our warehouses. In the absence of shipping instructions by the buyer, we determine a convenient delivery for us.

  4. The Seller warrants that the goods delivered comply with the commercial specifications. Any other condition or warranty regarding the quality or fitness for any particular purpose is excluded. The buyer must inspect the goods immediately after delivery. A presumption of any fault does not count. If the goods do not meet the commercial specifications, the buyer shall return the goods only after inspection by the seller and has to comply with the forwarding instructions of the seller. The visit and the transfer must take place within 30 days of the refusal of the buyer to accept the goods. Used goods are deemed to be accepted. Claims relating to quantity, weight or transport damage must be noted on the counterglow or in rail shipments with an immediate official railway damage report at takeover. The colored mineral chippings on the surface texture upside of the bitumen waterproofing sheets are exposed to weather conditions or environmental influences. However, the seller is not liable for variations in color, because the seller does not know the different local conditions, which can lead to a change. The seller shall not be liable for further changes in the individual product batches.

  5. A condition for any warranty claim is the immediate testing obligation of the buyer and the immediate written - fax, mail, letter - to the seller. Statutory warranty regulations apply. In the case of trading goods guarantee the seller is limited to the scope of the guarantee of the respective supplier to whom the complaint is forwarded. The warranty claim is further excluded if the purchaser for use, usage, maintenance, storage instructions, etc. disregards the seller, occurring defect itself fixes or fix let and / or alters the delivered goods or processes them. A lack remedy does not lead to an extension of the original warranty period. All the other claims of the purchaser, whatever the nature of non-fulfillment or faulty fulfillment are limited to the purchase price of that part of goods to which the claims relates, in particular, any claims for damages, regardless of the legal reason for the replacement of indirect or consequential damage, unless permitted by law. Slight negligence of the seller is explicitly excluded. The obligation to indemnify the seller for damage due to errors of the contract objectively delivered product within the meaning of the product liability act shall only occur by gross negligence of the seller or its people. If the goods are not processed properly and professionally by an authorized company, the seller shall not be liable. The incorporation of products of the seller contrary to the standards and laying instructions respectively occurs at your own risk and the seller shall not be liable in this case, within the meaning of the product liability act. Recourse claims according to § 933b ABG are excluded. The unconditional processing of a complaint does not imply any waiver of the objection of late complaint. Unless or ceased to exist in accordance with the foregoing provisions of warranty claims, including any damages claims of the buyer, are excluded.

  6. Any liability of the seller is excluded for advice without subsequent delivery of goods by the seller or gratuitous advice.

  7. The delivered goods shall remain in the ownership of the seller until the complete payment of the purchase price. Until that time the buyer is entitled only with our written consent, to resell goods to resell to process or to mix with other goods. Where the buyer default in payment or if the seller has reason to doubt the solvency of the buyer, the buyer shall return the retained goods at the sellers request. In this request, the issue is no resignation of the contract.

  8. In case of default, the seller is entitled from the due date to demand  the statutory interest according to § 352 UGB including VAT. The accumulating reminder fees and expenses of collection agencies are also to be paid by the buyer. Incoming payments are regardless of any dedication by the buyer initially be offset against any costs, then against interest and finally against capital (unsecured capital parts from secured, older portions of capital against younger). If agreed payment terms are exceeded, all incurred up to this point receivables are immediately due for payment. Checks or drafts will only be accepted on account of payment and any resulting fees, charges and like to be paid by the buyer. In the case of non-payment and in the event of change in the financial circumstances of the buyer, the seller shall be entitled to all outstanding accounts, whether due or not to require, to cancel outstanding not yet delivered goods without any grace period and through feeds further deliveries only against prepayment. Before compensation invoice amounts, the seller shall be not obliged to make any further deliveries. An offset or retention is expressly excluded. Any discounts, bonuses or discounts are offered only on the condition when full and timely payment is received.

  9. Contract and place of performance is Innsbruck. Austrian law applies. The application of the UN purchasing law is excluded. For any disputes the competent court in Innsbruck has been expressly agreed. The buyer's right to desire to avoid or adapt the contract for mistake is excluded.

  10. Prices are not cartelized and no suggested retail prices.

  11. With this price list all previous lists become invalid.

  12. These conditions do not apply to consumer contracts within the meaning of the consumer protection act.