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2. Prices:
Prices shall be net, ex works, incl. packing and excl. VAT,
unless agreed otherwise in writing.
3. Delivery dates:
Agreed delivery dates shall apply from the date of order confirmation,
albeit not prior to provision of the documents, acceptances
or approvals to be obtained by the Purchaser or before receipt
of any agreed deposit. Delivery times shall apply only subject
to correct and timely delivery to ourselves.
In the event of delivery default, the Purchaser must allow
a reasonable additional time of 3 weeks, as required elsewhere
in these General Terms of Business.
Damages claims by the Purchaser due to default or inability
to supply shall be restricted to the amount of the purchase
price of the delayed or missing goods.
Delays in or obstacles to delivery for which we may not be
held responsible, for example due to labour disputes, operational
problems, epidemics, force majeure, shall release us without
obligation from fulfilment of our obligations.
4. Guarantee and liability:
We shall be liable for delivery of the agreed goods as per
samples and in the habitual commercial manner. The Purchaser
must check the goods immediately upon receipt of the delivery
and before they are used or processed, and must immediately
file a complaint in relation to any defects.
Unless agreed otherwise, the quality of the goods shall be
evident from our product specifications. The features of samples
and specimens shall only be binding inasmuch as they have
explicitly been agreed as representing the quality of the
goods. If the Vendor or engineers provide advice, this shall
be given to the best of their knowledge and belief. Details
and information in relation to the suitability and application
of the goods shall not exempt the Purchaser from conducting
its own tests and experiments.
Our liability shall at all events be restricted to the invoiced
value of the goods. We shall not be liable for indirect damage
or hindrances such as interference with production, processing
costs or similar consequences.
5. General points:
If one ore more clauses of our General Terms of Business should
be inoperative, this shall not affect the validity of the
remaining clauses.
6. Contract processing:
The material supplied must be unambiguously identified and
must be kept absolutely pure and be free of foreign bodies.
The Client shall be liable for consequential losses at the
manufacturing facilities of SAX Polymers Industrie AG / GmbH.
Since the goods supplied can only be tested for suitability
for processing on a random sample basis during goods inwards
monitoring, SAX Polymers Industrie AG / GmbH undertakes to
process without engagement.
The Contractor is specifically unable to give any guarantee
of quality as regards colour shade, mechanical properties
etc. for the end product, with respect to contamination that
may not be obvious.
7. Place of performance and place
of jurisdiction:
The place of performance for delivery and payment, and the
place of jurisdiction, shall be Vienna or Aesch / BL Switzerland.
8. Reservation of title:
We reserve title to the goods until payment of all existing
or future receivables arising out of the business relationship
with the Purchaser. The Customer shall only be entitled to
sell goods subject to reservation of title during the ordinary
course of its business, against payment or reservation of
title. The Customer hereby assigns in full to ourselves, by
way of security, the titles and receivables arising out of
resale of the goods subject to reservation of title.
If the reservation of title in the event of delivery abroad
should not be admissible in the abovementioned manner, our
titles as described above shall be restricted to the scope
that is statutorily admissible in the Purchaser’s country.
9. Transfer of risk:
Unless agreed otherwise, risk shall transfer to the Purchaser
at the time of delivery of the goods to the first carrier,
or at the time the goods are made available in the event of
collection by the Purchaser.
10. Trademarks:
Trademarks may only be used in conjunction with products manufactured
by the Purchaser subject to the explicit approval of the trademark
holder.
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