Terms and conditions

By placing an order, the customer accepts the following terms and conditions. Orders placed are only binding on the seller after a written order or order confirmation, to the exclusion of all purchasing conditions of the buyer.

The order applies to the products manufactured and sold by the seller, in particular for the order-specific production of these products in accordance with the buyer's order.

Plans, sketches and other technical documents as well as brochures, catalogues, samples and the like remain the intellectual property of our company. Any use or reproduction requires the express consent of our company. If used without consent, our company is entitled to claim a distance fee of 25 percent of the estimated amount.

The buyer has only fulfilled the contract when the purchase price, including all additional charges apparent from the purchase contract, has been received by the seller. The seller has fulfilled the contract when he has duly prepared the object of the contract for collection in accordance with the order placed by the buyer or has notified the buyer that it is completed. If delivery is agreed upon by the seller, the contract is fulfilled when the seller has delivered the object of the contract. The place of fulfilment is always and in all respects the seller's registered office. This also applies to free home deliveries. If the subject matter of the contract is accepted late, the seller is entitled to charge a reasonable stand fee. Unless insurance coverage is available, the seller is only liable for damage in the event of gross negligence; the seller is not liable for elementary events of any kind.

The client is liable for ensuring that the materials provided by him are free of defects or that the materials specified by the buyer are suitable for the products to be manufactured by the seller. The seller excludes any liability for the materials provided by or provided by the client, whether from the title of warranty or compensation or from any other legal reason.

The seller's delivery times are strictly met in accordance with operational options. However, the buyer is not entitled to compensation, penalty of delay or termination of the contract due to late delivery, in particular if faults occur which impair or prevent the production of the goods, in particular in the event of operational failures as a result of machine defects, employee absences, work stoppages, events of force majeure, lack of raw materials required to produce the goods. Any claim for compensation due to exceeding the delivery date is therefore expressly excluded. The buyer remains obliged to make subsequent receipt.

Upon acceptance, at the latest upon expiry of the agreed collection period, all risks and burdens are transferred to the buyer. Defects must be reported immediately. Delivery of the ordered product at the buyer's request is always at the expense and risk of the recipient. In the case of freight-free delivery, any additional freight costs for express goods are borne by the buyer. In individual cases, the seller is free to ship in advance or cash on delivery. If special packaging is required by the buyer, this will be charged.

Our prices are ex works, subject to change. The prices are based on current cost factors. If these are changed by the time they are delivered, we reserve the right to correct them accordingly. The offsetting of alleged counterclaims by the buyer is excluded in any case, unless the buyer has become insolvent or the counterclaim is legally related to the buyer's payment obligation or has been established by a court or recognized by the seller.

Our invoices are payable within 30 days from the date of the invoice without deduction. In the event of late payment, an interest rate of 8 percentage points above the current base interest rate of the European Central Bank will be charged as compensation for the credit charges accrued by our company, subject to the assertion of any additional damage.

If the buyer fails to fulfill the contract and the seller resigns as a result, the seller is entitled to claim the purchase price or claim a penalty (a cancellation fee) and/or compensation.

All delivered goods remain the property of the seller until full payment of the entire purchase price, including ancillary charges. The object of purchase must be returned to the seller by the buyer at his expense in the event of payment arrears. If the buyer fails to do so, the seller has the right to retrieve the purchased item to the place of delivery at the buyer's expense and risk. The seller can then freely dispose of the object of purchase if the payment arrears are not paid within 10 days. If anyone else should take advantage of the purchased item delivered under retention of title, the buyer must notify the reserved owner. The notification must be made within 3 days.

The client is obliged to report any defects in the contract products in writing (including by fax or email) immediately after notification and to describe the identified defect precisely and comprehensibly. The date on which Jakopitsch Ges.m.b.H receives any complaint is decisive. In all cases of warranty, we may release ourselves from claims for cancellation of the contract or for price reduction by replacing the defective item with a defect-free one within a reasonable period of time or, in the event of a price reduction claim, by making an improvement within a reasonable period of time in a manner reasonable for the client or adding to the missing item. Any defect must always be remedied by us. In individual cases, defects may be remedied by the client or by third parties if agreement is reached with us in advance. All warranty claims made by the customer expire after 6 months, calculated from the date of fulfillment. In all other respects, the legal provisions apply.

Changes to orders placed can only be taken into account with the consent of the seller and only to the extent that they have not already been executed.

The buyer gives his consent that his personal data contained in the order may be processed and transmitted by the seller using automation.

For buyers who are consumers within the meaning of the Consumer Protection Act, these general sales and delivery conditions apply in accordance with the admissibility under the Consumer Protection Act, it being expressly stated that the nullity of part of the provisions does not affect the validity of the remaining points.

For disputes arising from the contractual relationship based on these general terms and conditions, the competent court for the (main) registered office of our company is agreed as the place of jurisdiction. Austrian law is exclusively applicable.

If individual provisions of these “General Terms and Conditions of Jakopitsch Ges.m.b.H.” are null and void, all others remain valid.