CABLES AND WIRES - Meinhart Kabel Österreich Gmbh

Delivery and payment conditions
8.4 In the event of conduct on the part of the customer which is contrary to the contract – in particular payment arrears – we are entitled
to take back goods subject to the retention of title at the cost of the customer or to demand the transfer of the customer’s
demands to third parties arising from supply. In taking back or seizing goods subject to the retention of title we do not - unless
the instalments purchase law comes into application - withdraw from the contract.
8.5 The customer must inform us immediately of access by third parties to goods subject to the retention of title.
8.6 If an agreement exists between the customer and his buyer, which states that the receivables owing to the customer from his
buyer can only be transferred with the buyer's approval, then the customer is expressly obliged to inform us of this point of
agreement prior to us supplying the goods. If, in this instance, the buyer refuses to grant agreement to the transferral of securities
to us, we are entitled to make our delivery dependent on the provision of an agreement or to the provision of an alternative
security.
9. Packaging
9.1 Drums from Kabeltrommel GmbH & Co KG
Drums from KTG are subject to the same conditions as those applicable to the relinquishment of cable drums from Kabeltrommel
GmbH & Co KG.
9.2 Own drums
If KTG drums are not used then the standard cable industry conditions for the loaning of cable drums in return for a deposit and
the charging of fees shall apply.
10. Transfer of risk
All risks are transferred to the customer once the goods leave our delivery depot or warehouse, or are registered as ready for
shipping or collection, also if the dispatch address is not the place of fulfilment.
11. Warranties
11.1 Goods are only supplied which reflect the latest status of technical development. Where standards (DIN) or other specifications
(VDE) exist, we supply in accordance with these.
11.2 On receipt the customer is required to check the delivered goods immediately. Any defects ascertained here must be detailed on
the consignment and delivery notes in writing. Other defects which are not immediately apparent must be declared within 2
weeks of their initial discovery in writing. If the customer does not comply with these requirements then all warranty entitlements
shall be voided. Such claims are generally excluded if more than 3 months have passed since dispatch from our warehouse.
Likewise warranty claims are excluded if processing has commenced on products supplied by us, unless the defect only became
apparent at the time of processing. All entitlements arising from notices of defects require that the defects be reported to us in
writing immediately on discovery and that a sample (specimen section) of the goods in question be made available free of
charge and non-bindingly.
11.3 If tests are to be carried out on goods supplied by us, these must take place prior to installation. The test must check that the
characteristics required in the ÖVE specifications or any other build types agreed are in place. Voltage tests carried out the
goods supplied are deemed to be contractually compliant and correct if at least 2/3 of the random tests conducted lead to no objections.
We shall bear the costs of the test if the goods are found to be unsatisfactory, otherwise the customer shall bear these.
Exchanged goods are our property.
11.4 In the event of substantiated complaints, we shall deliver a free replacement or rectify the defect, or provide a credit note to the
value of the order within an appropriate timeframe which must be no less than 6 weeks. Multiple subsequent deliveries are permissible.
Instead of providing a replacement delivery we are able to guarantee the customer an appropriate discount of the purchase price
due payable by him. Warranty claims apply to the customer directly, they are non-transferable. If defect rectification or a replacement
delivery proves faulty within an appropriate timescale then the customer is entitled to demand a discount or withdraw
from the contract.
11.5 In the event of point 4 occurring or where claims for damages arise due to the impracticality of the service, due to non-fulfilment,
an active breach of contract, fault at the point of contractual agreement or illicit trade, all forms of claim against us, our assistants
and vicarious agents are excluded unless damage is the result of malicious or gross negligence. If claims for damages arise in
this instance, these are limited to 30% of the value of the goods invoiced for by us or 30% of the order value.
12. Returns
Returns must be agreed in advance and shall be subject to processing fees.
13. Place of fulfilment and jurisdiction
The law of the Republic of Austria shall govern these terms and conditions as well as the entire legal relationship between the
customer and ourselves.
Where legally permissible and where our contracting partner is the general merchant, Steyr shall hold sole jurisdiction for all disputes
arising directly and indirectly from the contractual relationship.
Should one of the previous conditions prove void, this shall not affect the validity of the remaining conditions.
Further to these conditions, the general terms of delivery for products and services from the electrical industry also apply.
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