I. SCOPE OF APPLICATION:
Our terms and conditions of sale and delivery are part of the contract concluded between the client and Kalasek bottle closures.
Deviations from our general terms and conditions in whole or in part are not binding for Kalasek, even if the client refers to them and we do not expressly object to them.
Binding deviations require the express written form and the countersignature of both contractual partners.
Order acceptance: An order is considered to be legally binding if it is not rejected within 14 calendar days.
II. DELIVERY TIME, RELEASE TO PRINT, DELIVERY
The delivery time begins on the date the order is accepted by Kalasek and all documents relevant to the order are available. If one or more documents for the orderly execution of the order are missing, the delivery time begins on the day of receipt or on the day of clarification of any ambiguities.
The delivery time is interrupted from the day on which brush prints and / or color samples are sent to the client until the day on which these are confirmed by the client with his signature and released for production.
The specified delivery dates are non-binding guidelines (approximate dates). The client is not entitled to compensation, to make a covering purchase or to withdraw from the contract if a delivery date cannot be met.
Withdrawal from the contract is only possible with the written consent of both parties and with payment of any costs incurred by the client.
Unless otherwise agreed, deliveries are carriage forward ex warehouse in Vienna at the expense and risk of the customer. If free delivery has been agreed, Kalasek has the free choice of the means of transport.
If the acceptance does not take place as agreed, the resulting costs can be charged to the client. In the event of a delay in acceptance, the risk is transferred to the client from the date of delay. The quality risk passes to the client after 3 months from the agreed delivery date.
All our prices are non-binding. Any increase in prices on the part of our suppliers as well as any collective agreement increase in wage costs after a purchase price has been set, but before the goods are offset, entitles the customer to increase the price without additional notification, provided that this does not exceed 5% of the agreed purchase price.
Unless otherwise agreed upon acceptance of the order, our prices are always per box (packaging unit), excluding VAT, excluding other taxes, including packaging, ex warehouse Wr. Neudorf.
Payment has to be made according to the customer's choice during the ordering process. Payment is deemed to have been made in cash or on the day of crediting our company account.
Promotional goods and special price agreements are expressly excluded from discounts. The discount is only granted on goods, not on possible taxes such as ARA, transport costs or tool costs.
Deductions due to defects are only possible if these are recognized by the contractor or determined by a court. The amount of the deductible amount is the value of the depreciation of the goods.
In the event of default of payment, default interest of 11% p. a. as well as all resulting follow-up costs taken into account until payment.
V. FRAME CONTRACT ORDERS
Frame contract orders are valid for a maximum of 12 months from the acceptance of the order. All finished goods not called up within this period will be invoiced and delivered to the customer after expiry. Unless otherwise agreed in writing, any additional costs will be charged to the client.
VI. COMPLAINTS OF DEFECTS, COMPENSATION, QUANTITY TOLERANCE
Defects must be reported to the contractor in writing within one week of receipt of the goods. Hidden defects must be reported in writing within 3 months after delivery of the goods.
Defects in parts of a delivery do not entitle to complain about the entire delivery. The return to the contractor requires the express consent of the contractor.
If the complaint is justified, the contractor may undertake subsequent improvement or a replacement delivery within a reasonable period of time. Any further warranty claims are excluded. The contractor is only liable for damage caused in the event of gross negligence up to the amount of the order amount; further claims by the customer such as consequential damage are excluded.
No liability is assumed for improper storage or processing of the goods by the contractor or the persons or companies of his choice.
Insignificant or slight deviations in materials, sizes, colors and impressions are inherent in the nature the products and do not entitle to claim for compensation.
With regard to the product specifications, the specifications of the respective manufacturers apply. The tolerance is generally +/- 10%.
The quantity tolerance for over- or under-delivery is 20% of the order quantity, provided this is due to packaging or production technology.
VII. PRODUCT LIABILITY
The obligation to pay compensation from the product liability law BGBI. 99/1988 resulting property damage as well as product liability claims that can be derived from other provisions are - as far as legally permissible - excluded. The limitations of liability are to be passed on in full to any customers with the obligation to further transfer them.
The object of purchase only offers the security that can be expected taking into account the material-specific properties. The contractor assumes no liability for the suitability of the product for the intended use. Technical advice and recommendations are based on appropriate examination by the contractor, but are outside of contractual obligations. The contractor's liability is excluded in this respect.
If a client cancels an order, all labor and material costs incurred up to that point as well as 5% of the order total will be invoiced.
IX. RESERVATION OF TITLE
All ordered or delivered goods remain inalienable property of Kalasek until full payment has been made. The goods may not be pledged or assigned as security until they have been paid for in full without written consent. Tools made for the proper production of ordered goods remain the property of the respective producer, even if the client has paid for them.
X. FORCE MAJEURE
Force majeure releases the contractor automatically and without additional notification of the client from adhering to the agreed delivery times and prices. In these cases, cancellations by the client are accepted without claims for compensation by the contractor.
XI. BRUSH PRINTS, PATTERNS, DESIGNS
The contractor is entitled to submit brush prints and drafts, but is only obliged to do so if the client specifically requests it. In these cases, the customer is obliged to check the brush prints for errors and to sign them and return them to the contractor as a sign of approval for printing.
The contractor is not obliged to check the signature that appears on the brush trigger for authorization to sign. The client is solely liable for overlooked errors.
The client is solely responsible for checking the right to reproduce all documents. The client is obliged to hold the contractor harmless against all third-party claims arising from violations of copyright, trademark, design, personality or other commercial property rights.
XII. FULFILLMENT AND JURISDICTION
Kalasek Flaschenverschlüsse is based in Vienna. Austrian law is to be applied.