Terms & conditions

1. SCOPE OF APPLICATION

Our General Terms and Conditions, hereinafter referred to as “GTC”, apply to all present and future transactions between us and our customers. They shall be deemed agreed upon at the latest upon acceptance of the goods or services by the customer. We hereby expressly object to any deviating terms and conditions of the customer, including for future transactions. Such terms shall only be binding upon us to the extent that we expressly acknowledge them in writing in the individual case. The invalidity of any clause or part thereof shall not affect the validity of the remaining provisions.

2. CONCLUSION OF CONTRACT

Our offers are non-binding. Cost estimates and freight information do not constitute fixed prices. Offer documents may not be made accessible to third parties. Information, recommendations, offers and agreements made by our employees, as well as ancillary contractual agreements, reservations, amendments and additions, require our written confirmation in order to be valid.

3. DELIVERY

The transfer of risk shall take place in each individual case in accordance with the agreed Incoterms. If no such agreement exists, the risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of shipment. Freight increases, customs duties, taxes and other public charges arising after conclusion of the contract shall in all cases be borne by the buyer.
The customer must unload the goods immediately and properly. If we assist in this process, this shall be done without any legal obligation and at the customer’s risk. The risk of accidental loss of the goods shall pass to the customer upon provision for collection and at the latest upon loading onto the means of transport. We are not obliged to expressly notify the customer that the goods have been made available. If delivery or collection is delayed for reasons attributable to the customer, the customer shall bear the costs of storage and the risk of loss of the goods. The buyer’s default in acceptance entitles us, even without setting a grace period, to assert claims for damages due to non-performance or to withdraw from the contract.

4. PRICES

The prices stated in the price lists are non-binding. The applicable prices shall be those set out in the price lists valid between the parties on the day the contract is concluded.
An increase in the stated prices between conclusion of the contract and delivery is permissible. If the price increase exceeds 10%, the customer may withdraw from the contract with regard to the quantity not yet accepted by submitting a written declaration within 2 weeks of receipt of the notification of the price increase.
In the case of foreign-currency transactions not invoiced in euros, exchange rate differences after conclusion of the contract shall be for the benefit or at the expense of the buyer.

5. DELIVERY DATES

Only delivery dates and deadlines confirmed by us in writing shall be binding upon us. All delivery dates and deadlines are subject to the condition that transport routes and means of transport are available to the required extent and shall be deemed to have been met if the goods leave the delivery point in such timely manner that, under normal transport conditions, they arrive at the recipient on schedule. Force majeure, as well as impediments to acceptance and performance in the supplier, production or transport sector, or other circumstances and events outside our sphere of influence, shall release us from the contractual obligations affected thereby for the duration of the disruption.

6. PAYMENT

Payments shall be made net cash within 30 days from the invoice date without any deduction. In the event of default in payment, we shall charge default interest at a rate of 15% p.a., as well as bank and bill charges, further documented costs, our own flat-rate reminder fees and all tariff-based costs associated with engaging a collection agency. Payments to our representatives shall only discharge the debt if they have authority to collect payment and if such payments are made against receipts issued by us. We may also allocate your payments to the oldest due debt, even if you have designated them otherwise.
Payment shall only be deemed to have been made once we are able to dispose of the amount. If we accept bills of exchange or cheques, we do so only on account of payment and subject to the possibility of discounting against immediate reimbursement of all expenses. We are not obliged to present bills of exchange or cheques in due time. In the event of default in payment, all discounts, cash discounts, instalments and other concessions granted shall lapse.
If the customer fails to meet their payment obligations, in particular if they suspend payments or a cheque is not honoured, or if other circumstances become known that call the customer’s creditworthiness into question, we shall be entitled to declare the entire remaining debt due, even if we have accepted cheques/bills of exchange; we shall also be entitled to demand advance payments or security deposits; furthermore, we may withhold or refuse further deliveries, in whole or in part, not only under the respective contract but also under other contracts, and demand advance payment for the deliveries.

7. WARRANTY

The goods shall be delivered in customary commercial quality and packaging. In the case of purchases based on samples or specimens, the characteristics of the sample or specimen shall not be deemed warranted. As a general rule, we assume no liability for the suitability of the delivered goods for the purposes intended by the buyer, nor for any damage that may arise from processing, further processing or use of the product in the broader sense. Further treatment or processing shall take place at the buyer’s risk. The data determined by the dispatch point shall be decisive for quality. Acceptance of the goods by the customer, forwarding agent or carrier shall constitute proof of quantity, proper packaging and loading.
Notices of defects and other complaints must be made in writing immediately after receipt of the goods. In the event of a timely and justified notice of defect, we shall, at our discretion, provide replacement, repair or supplementary delivery, or reduce the purchase price. A complaint regarding a delivery or service shall not entitle the customer to refuse further deliveries under the same or another contract. The customer must cooperate in acceptance and inform us in good time of difficult delivery conditions, e.g. poor access. For customers who are not subject to consumer protection law, Nannerl GmbH & Co KG provides a warranty of no more than six months from handover.
To the extent that the seller can be held liable at all, the seller shall only be liable in cases of the seller’s own grossest negligence or intent. We shall only be liable for direct damage and not for consequential damage resulting from defects. Any compensation shall be limited to the amount of the purchase value of the respective partial or full delivery. Under no circumstances shall the seller assume any liability for the acts of a forwarding agent, carrier or their subcontractors, even if they were commissioned by the seller. Liability for vicarious agents shall otherwise be limited to careful selection.
The buyer shall not be entitled to offset claims asserted by them against our receivables unless such claims have been acknowledged by us or legally established by a final court decision; the buyer waives the right to assert any right of retention.

8. RETENTION OF TITLE

The goods delivered by us shall remain our property until full payment of all claims arising from the business relationship with the buyer. The buyer is obliged to identify and enforce this in an appropriate form vis-à-vis third parties, including in the event of resale, which may take place only with our written consent until the purchase price has been paid in full.
In any case, the buyer hereby assigns to us all rights arising from and relating to the goods subject to our retained title. We hereby accept this assignment. Furthermore, the customer is not permitted to assign the claims assigned to us to third parties, in particular by way of a framework or global assignment.

9. LIMITATIONS OF LIABILITY

We must exclude legal claims arising from any incorrect information in a bar code or similar code, or from any lack of readability or affixing thereof. The place of jurisdiction for commercial transactions shall be Salzburg. The law of the Republic of Austria shall apply.

10. MISCELLANEOUS PROVISIONS

Within the scope of our business relationship, we store personal data relating to customers and, where applicable, transmit such data to our parent company and its subsidiaries as well as to authorities.
The place of performance for both parties shall be Anthering. The court having subject-matter jurisdiction at the registered office of our company shall have local jurisdiction for the decision of all disputes arising directly or indirectly from this contract. However, we shall also have the right to bring legal action at the general place of jurisdiction of the contractual partner. Austrian substantive law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.

11. SEVERABILITY CLAUSE

The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. Any provision that is wholly or partially invalid shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.