GTC General Terms and Conditions of SF-Filterdienst GmbH
1.Field of application
All our offers, sales and services in Austria are exclusively subject to the following "Terms and Conditions". They form an integral part of the contract. Different or additional terms are only valid if agreed upon in written form.
Offers, illustrations, materials and dimensions, in brochures and Catalogues are not binding. Offers without validity period are subject to alteration. An offer with validity period is valid for the period indicated; the offer is binding as long as the order is received by the supplier within this period.
3. Order / Delivery dates
All oral and written orders are accepted if they were either delivered or confirmed by the supplier. The supplier shall be entitled to make partial deliveries at any time depending on the availability of the product. Cancellations and claims for compensation for any delay in delivery or non-delivery shall not be permitted.
Unless otherwise agreed upon, the price at the day ordered shall be applicable. The supplier reserves the right to adjust prices at any time. All prices are net excluding VAT, packaging, transportation and delivery costs. The additional costs for special requests shall be borne by customer.
Delivery is from Weiler. For all deliveries, the customer bears the risk of transportation. The benefit and risk of the product shall pass to the customer by leaving the warehouse. This also applies to partial deliveries. Special agreements reached in writing remain excepted. SF-Filterdienst can refuse delivery if there are debts due.
6. Sale by sample
Sales by sample shall be charged, special arrangements are reserved. If the buyer returns the goods within 2 months, a credit note is granted depending on the condition of the returned goods.
7. Terms of Payment
Our invoices are net payable without every discount within 30 days as of date of invoice. Special agreements reached in writing form the exception. Divergent terms of payment require the express written consent of the supplier. Alle delivered products remain property of the supplier until the complete payment. Retention, set off or reduction of payments due to a defect, delivery delays or a counter-claim not recognized by the supplier are not allowed.
8. Notice of defects
The customer must inspect the condition of the supplies as soon as feasible in the normal course of business and, if he discovers defects for which the seller is liable under warranty, must notify him without delay, but not later than within 8 days.
9. Guarantee, liability for defects
The guarantee period is 12 months. It starts after supplier's notification that the supplies are ready for dispatch. Excluded from suppliers' guarantee and liabiltiy for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or erection work not undertaken by the supplier, or resulting from other reasons beyond suppliers' control. The supplier shall not become afflicted for secondary damages of any kind.
The supplier guarantees for the quality of all filters delivered and is liable within the scope of the authoritative legal regulations for engine troubles provided that the sole defective cause lies evidentially by a delivered filter. The customer loses his guarantee if he or a third carries out repair work on the product without previous written approval of the supplier.
Remedial action shall be conducted after choice of the supplier through rectification or additional delivery. Unless the customer or a third was authorised by the supplier to carry out the rectification no duty exists for the supplier to bear the costs of the assembly and the removal. If instructions provided by the supplier are not followed correctly by the customer or a third party, any liability of the supplier is excluded. Possible damages are to be announced within 24 hours. The rejected filters including the spare parts shall be made available to the supplier within 8 days to be checked.
10. Return of goods
The customer has no right to return goods properly delivered by the supplier. A return needs our explicit approval. Goods and packaging are only taken back in flawless state. For treatment and storage expenditure the supplier can charge a fee.
11. Place of performance, jurisdiction and applicable law
The place of performance and jurisdiction for both – the customer and the supplier – shall be at the registered office of the supplier. The supplier shall, however, be entitled to sue the customer at any other jurisdiction the applicable law grants. The contract shall be governed by Austrian law. The Austrian version of this terms and conditions is authoritative.