FISCH®-TOOLS Produktkatalog

GENERAL CONDITIONS OF SALE
1. OFFERS
ORDERS
ORDER ACCEPTANCE
Offers, orders and other agreements
are generally subject to our conditions
of sale. These conditions are also valid
when orders are taken or deliveries accepted.
Undisputed order con-firmations
are considered officially accepted. Other
conditions set forth by business partners
are invalid, even without our express objection.
Offers are subject to change until
confirmed by us. We retain the right to
sell articles from the warehouse which
were offered or agreed to.
Changes in information in printed literature
are permissible as long as the
information is not noted as binding by
us. An order is considered accepted
when it is either confirmed in writing
by us or the items delivered immediately
without written confirmation. Later
changes require our written confirmation
or permission. The customer assumes
responsibility for the accuracy of materials
provided (such as sketches and
drawings, samples, instructions, etc.) as
well as conditions of use. Verbal statements
con-cerning measurements, etc.
require written confirmation. Samples
will be delivered against payment. Offers,
correspondence, order confirmations, or
other samples or documents remain our
property, may not be misused and are
subject to copyright laws. Reproductions,
imitations or transfer are not permitted.
Design changes and changes due to
progress and development remain our
right.
2. PRICES
Prices are understood to be, if not otherwise
negotiated, in Euro, including packaging,
ex St. Josef, free Austrian border
or F0B German port. Postage and insurance
are not included. The same applies
to partial shipments. We have to charge
a service fee of EUR 10,00 up to an order
amount of EUR 100,00, and a service fee
of EUR 5,00 for any orders in the amout
between EUR 100,00 and EUR 150,00.
If additional shipments are necessary
because of shipments to a second address,
we have to charge the additional
shipment cost. The confirmed
prices are valid up to 2 months from the
date of order confirmation. Other-wise,
prices in effect on the date of delivery
are valid.
to damages, replacement purchases,
claims against purchases or release
from the contract. Events due to ”Acts of
God“ such as work interruptions, strikes,
lockouts, lack of raw material, high reject
percentages, etc. free us from our delivery
obligation for the length of the problem
as well as its consequences. Such
events also give us the right to cancel a
contract, postpone delivery or to partially
cancel agreements already made with no
right to claims on the buyer‘s part. The
same applies to late or incorrect deliveries
by subcontractors. These delays in
delivery are not the responsibility of the
supplier even if they happen during an
already existing problem.
5. PAYMENT TERMS
Our invoices are payable within 30 days
net of the in-voice date. Repairs are pyable
immediately.
Checks and drafts are accepted, but are
considered payment only after having
cleared. Dis-counts and collection fees
are the responsibility of the presenter
and are payable immediately. In case
of late payment we are entitled to collect
costs and normal bank interest or,
should the customer‘s situation change,
to payment in advance or COD delivery
or, to nonfulfillment of contracts entered
into. In case of inability to pay, we are
to be informed immediately. Deliv-ery
to companies unknown to us are made
COD. Withholding payment or disputed
amounts on the part of the customer is
unlawful.
6. RIGHT OF OWNERSHIP
MERCHANDISE RETURNS
Delivered merchandise remains our
property until complete payment of all
claims is made. As a reseller the customer
has the right to sell this merchandise
within the framework of normal business
practice while protecting our rights and
interest. Pawning or mortgaging of goods
is not allowed. The seizure of goods yet
belonging to us, i. e. those goods where
we retain right of ownership, must be
communicated to us immediately. In
case of delay or actions contrary to this
contract, we retain the right to repossess
all of our merchandise, i.e. those goods
where we retain ownership, without explanation.
Returned merchandise will be
sold where possible and credited acco
dingly to the customer‘s account.
permitted. We are not responsible for any
kind of damages. The warranty period is
six months.
We retain the right to change design or
materials as dictated by technical progress.
Catalog pictures and other descriptions
are therefore without obligation. In
the case of custom-made milling and
drilling tools with exceptionally long
shafts, no guarantee is made by the
seller.
8. PLACE OF DELIVERY
JURISDICTION
LAW
Place of delivery and payment is St.
Josef. Place of jurisdiction is Graz. Only
Austrian law is applicable. However, we
retain the right to sue at the customer‘s
domicile.
9. MISCELLANEOUS
Reproduction of this catalog, either in
part or entirety, is not allowed. Exceptions
require our advance written permission.
Should individual clauses/points in this
agreement become invalid or change,
the remaining content is still binding.
10. PARTIAL EFFECTIVENESS
In the event of the ineffectiveness of individual
points of the terms and conditions
or if they are replaced by other agreements,
the remaining content of the contract
remains unaffected and is binding.
DATA AGREEMENT ACCORDING TO
§ 22 DATA PROTECTION ACT:
We store the following data: name, industry,
address, sales in the current year
and in the previous year, balance as of
January 1st, current balance, credit limit,
bank details (bank and account number,
reminder indicator, number of orders and
invoices, date of last order, date of last
Booking, activity sign. DVR-No. 0475688
GENERAL
CONDITIONS
OF SALE
Registration number of our
company: FN 69615a
Managing director:
Ing. Andreas Eberhard
Mag. Christoph Riegler, Bakk.
UID-Nr: ATU27317506
ARA No.: 3359
Stand: 01/2022
Misprints and Errors excepted
3. DELIVERY
The buyer agrees to partial shipments
and, in the case of custom orders, to
reasonably sized deliveries, whether too
small or too large, provided no other a
reements have been made. Each partial
delivery is considered its own business
transaction subject to the conditions of
sale. Order cancellations or returns require
our written permission. The buyer
agrees to reim-burse us for expenses
incurred. Tools may be returned only with
our permission. The cus-tomer agrees to
the assessment of a reasonable fee for
tools returned for repair or improvement.
Custom-made tools cannot be returned.
Shipments are generally made at the expense
and risk of the customer.
4. DELIVERY TIME
Delivery times are quoted without obligation.
The delivery period begins with an
order con-firmation or the finishing of
specially made tools. Reasonable delays
in delivery do not give the buyer any right
7. WARRANTY
CONSTRUCTION
We guarantee the delivery of tools free of
defects in workmanship and quality, and
guarantee technical precision as long as
they are used according to their usual
function or according to individual conditions
as explained to the buyer. We do
not assume any responsibility for hid-den
defects (defective materials, etc.) which
are outside our influence, or for normal
wear and tear, changes by third parties or
unusual application, use or repair. Notice
of defects must be given in writing imediately
or at the latest within 10 days of
invoicing. Subsequent claims will not be
honored. In the case of unrecognizable
defects, written notice must be given immediately
upon discovery.
We decide whether recognized claims
will be handled by repair or replacement.
We accept no responsibility for
subsequent damage claims. Withholding
full or partial payment against war-ranty
claims or claims not honored by us is not
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