GTCs

1. GENERAL

The following General Terms and Conditions constitute the complete statement of terms and conditions between MARK Save A Life GmbH (“Seller”) and our customers (“Buyer”) with regard to the matters contained herein, such as offers, sales, deliveries and agreements. Seller rejects all additional or different terms and conditions proposed by Buyer. No different or additional terms shall be binding on Seller unless agreed to in writing by an authorized representative of Seller. Silence does not constitute consent.

2. OFFERS AND ORDERS

Unless explicitly agreed upon otherwise, Seller’s offers are subject to change and non-binding. Orders shall only be deemed accepted upon Seller’s written confirmation. Follow-up orders shall not require Seller’s order confirmation. In such case, the invoice shall be deemed an order confirmation and the terms and conditions stated herein shall apply. Illustrations, drawings, dimensions, weights and colors indicated in brochures, price lists and any other printed matter constitute approximations as customary in the trade. Seller reserves the right to make necessary changes with regard to material, construction or design.

3. DELIVERY

Unless explicitly agreed upon otherwise, delivery shall be ex works in Spital am Pyhrn. In the absence of Buyer’s specifications, Seller reserves the right to determine the exact method of shipment. Cargo insurance will be provided at Buyer’s request and expense only.

4. DELIVERY DELAY, DELIVERY QUANTITY

Delivery dates are approximations only and subject to change, unforeseen events during production and due to force majeure, delays in transport and breakdowns in Seller’s plants or in plants of Seller’s subcontractors. In such event, Seller shall be relieved from complying with agreed delivery times and shall have the right to suspend or cancel delivery. Buyer may rescind the agreement or call for indemnity only if Seller fails to deliver for a period exceeding six weeks due to above mentioned reasons. Seller will not recognize liabilities or claims, including, but not limited to, claims for late delivery.

5. WARRANTY AND INDEMNIFICATION

Buyer may hold Seller liable only for improvement or – in case of non-removable defects – replacement of any defective goods delivered by Seller, even if Seller is responsible. Seller shall not be liable for any direct and indirect damage caused by defective goods delivered by Seller, except in proven cases of malice. Buyer shall submit claims for defective goods delivered by Seller promptly and in writing.

6. PRICES AND PAMENT TERMS

Seller reserves the right to increase prices accordingly if increases in manufacturing costs due to increases in raw material costs or unexpected increases in wages and salaries and/or legal changes occur. Seller’s payment terms are net 15.
Checks and bills of exchange shall only be accepted on account of performance. Bank fees, interest charges etc. shall be borne by Buyer. In case of late payment, Seller reserves the right to charge interest to the amount of the bank overdraft including all additional charges and extrajudicial recovery costs. Buyer shall not be entitled to the right of offset or right of retention, unless otherwise specified by a court or not contested by Seller.

7. RETENTION OF TITLE

The title to the delivered products shall remain vested in Seller until all claims arising under the agreement have been met in full by Buyer. Buyer shall only be entitled to sell, process or mix the delivered products in standard business transactions. In this case, Seller shall acquire title to processed or mixed products on a proportional basis. Any claims, including subsidiary rights and securities, by third parties arising from the sale of the delivered products – in whatever condition – as correspond to the value of services delivered by Seller shall be assigned to Seller until all claims are met by Buyer. On request, Buyer shall be obliged to specify names and addresses of its customers.

8. SAFETY INSTRUCTIONS for partners

Maintenance and inspections may only be carried out by persons who have been trained or qualified / re-qualified by MARK Save A Life GmbH.

9. DATA PROTECTION

Seller reserves the right to secure the transaction via commercial credit insurance and to communicate any necessary data relating to Buyer to the insurance company. Notification on the storage of data, according to the Data Protection Act, is hereby deemed given.

10. APPLICABLE LAW

Austrian law is applicable. The United Nations Convention On Contracts For The International Sale Of Goods shall not apply.

11. PLACE OF PERFORMANCE, PLACE OF JURISDICTION

Place of performance for delivery and payment is Spital am Pyhrn. The competent local court for Spital am Pyhrn shall have jurisdiction. These General Terms and Conditions shall govern all legal relations of Seller in Austria and abroad. The invalidity of any provision of Seller’s General Terms and Conditions shall not affect the validity of any other provision contained herein.

Status: 29.October 2020