Application of General Terms and Conditions – Our general terms and conditions shall apply to all quotes, offers and contracts concluded by us, unless otherwise agreed between both parties. For validity, all additional agreements require written form and oral agreements are not valid. Both contractual partners agree that these General Terms and Conditions shall apply in case of doubt or dispute and even if the General Terms and Conditions of the other party remain without contradiction.
Quotes, Offers and Prices – Our quotes and offers are valid for the indicated time as stipulated by the offer and without obligation, unless they have been submitted as obligatory for a certain period which would also be indicated in the offer. All prices submitted by us do not include value-added taxes, unless otherwise indicated. In case of settlement, taxes will be added to these prices when obligatory. When costs change, upon which our prices are based, we are entitled to change affected prices. The customer will bear all taxes, tolls and other charges involved in the receipt of the goods, unless we have agreed to take over certain costs in written form.
Terms of Payment – All payments shall be effected completely, immediately and without any deductions, unless we agree upon other terms of payment. Any discount, bank or transfer charges and expenses shall be debited to the customer and none to us. Payment can only be regarded as being effected on time when the transfer of the amount due is registered on the day of maturity.
Delivery of Goods and Transfer of Risk – Our prices are ex-works prices. Transport costs and risks are borne by the customer. Shipment and packaging of the goods is carried out by us with utmost diligence, but without engagement. Partial shipments are understood as being permitted by the customer. If we are not able to deliver on the stipulated date of delivery due to reasons, which are beyond our own control (force majeure, supplier delays), we reserve the right to deliver on the next date. Otherwise, we reserve the right to resign from the contract. In case the goods are not picked up on time by the customer or the entrusted shipper, the risk is transferred to the customer at the end of the agreed pick-up day. We store the goods in our warehouse at the expense and at the risk of the customer, with a reasonable compensation being charged for this service. We can only be held liable for gross negligence and cannot be held responsible for potential changes to the goods due to handling and storage. Regarding the acceptance of goods, the buyer will substitute all additional costs and damages caused by delays or non-acceptance. Transport packaging and other kinds of packaging will not be revoked by us. The customer will take care of a proper disposal of waste.
Retention of Title – We retain legal title to all goods which we have supplied until all amounts owed to us by the customer have been fully paid. After full payment is received, the full ownership of the goods is transferred to the customer. When goods are further processed, even with loss of identity, the legal title to the resultant products shall vest in us. The customer shall be entitled in the ordinary course of his business to resell at any time the goods to which we have retained title or acquired ownership. The customer hereby assigns to us any receivables and claims from the sale of goods to which we retain legal title and we hereby accept this assignment.
Warranty – The customer shall examine immediately whether the delivered goods are in a proper condition. Defects shall be notified immediately in writing, not later than 3 days after delivery, including information about type and scope of the defect. After notification, the customer shall send samples or other kinds of evidence of the defect, such as pictures taken. In case a defect has been noticed on time, we shall choose whether we will remedy the defect by crediting the value of the defective goods or by replacing them. These are the only claims that the customer shall make. Returning goods to us is not possible with exception of quality claims. We guarantee that our goods comply to the agreed specifications and to compulsory EU regulations. Furthermore, we guarantee that our products are allowed to be sold in the EU. Regarding third party countries outside of the EU, the customer is responsible for reviewing legal requirements. The customer shall not have the right to set off or retain payment unless his claims are acknowledged by us or are finally adjudged. Furthermore, neither contracting party may be held liable by the other contracting party for indirect or consequential damages or losses. Warranty period shall commence once the goods are offered to the customer at the place of performance.
General provisions – The place of performance of delivery and payment shall be the place of business of BOSMEN e.U. in Vienna / Austria. The contract shall be governed in every respect and exclusively by Austrian law, the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The contract shall be governed in every respect and exclusively by Austrian law. The place of jurisdiction for all disputes arising out of or under the contract shall be Vienna / Austria. We reserve the right to file a lawsuit at the contracting party’s place of jurisdiction.
Bosmen GmbH | Sonnleithnergasse 53/1/9 | 1100 Vienna | Austria
T +43 (0) 660 740 59 01 | E firstname.lastname@example.org
Commercial Register No. FN465008 k | ATU/UID71861434 |
Regional Court Vienna
Erste Bank | BIC:GIBAATWWXXX | IBAN:AT84 2011 1294 4976 9400