General Terms and Conditions (GTC)
1. Scope of application
The following General Terms and Conditions apply to all contracts that you as a buyer conclude with us as a supplier (Grossdrucke Krobath GmbH, hereinafter referred to as "KROBATH"). Unless otherwise agreed, the inclusion of the buyer's own terms and conditions, if any, is contradicted. With each unconditional order, enquiry, etc., the buyer acknowledges that the present General Terms and Conditions of Business are exclusively authoritative.
All offers, cost estimates and price lists are subject to change. Orders shall only become binding upon written order confirmation or upon delivery of the goods. Drawings, brochures, illustrations of offers, specifications of dimensions, weights and performance are always non-binding and have to be confirmed by KROBATH if the buyer wishes them to be binding.
The prices stated in the offer shall apply subject to the proviso that the order data on which the offer was based remain unchanged. The prices do not include value added tax and are ex works. They do not include packaging, handling, freight, postage, insurance and other shipping costs. Subsequent changes at the instigation of the client, including machine downtime caused thereby, shall be charged to the client. Subsequent changes shall also include the repetition of test prints requested by the client due to minor deviations from the original. Sketches, drafts, sample typesetting, sample prints, samples and similar preliminary work initiated by the client shall be charged even if the order is not placed. The provisions of item 12 shall apply accordingly.
4. Delivery periods, partial deliveries
- Confirmed orders and delivery dates are subject to complete and timely delivery to us. In the case of ex-works sales, the delivery period and dates shall be deemed to have been met if the goods leave the factory within the delivery period or on the delivery date.
- In the case of delayed delivery or non-delivery for which KROBATH is responsible, the purchaser shall only have the right to withdraw from the contract, to the exclusion of any further claims, after having previously granted KROBATH a reasonable period of grace in writing with the declaration that he will refuse acceptance after expiry of this period as well. Claims for damages resulting from exceeding the delivery deadline or in case of delayed delivery are excluded in any case.
- KROBATH is entitled to make partial deliveries. Excess or short deliveries for technical reasons are permitted up to 10% and will be charged proportionally to the agreed price.
5. Shipping, transfer of risk
- The goods are shipped at the buyer's expense. The type of shipping route as well as the means of transport is left to KROBATH's discretion. If the buyer requests a special type of packaging, a special shipping route or means of transport or insurance against damages of any kind, this must be stated separately in writing in the course of the order and the resulting additional costs shall be borne by the buyer in any case.
- The risk is transferred to the buyer when the goods are handed over to the forwarder or carrier, at the latest, however, when the goods leave KROBATH or the delivery plant. This also applies if KROBATH has taken over the transport, installation or assembly at the place of destination.
- If the shipment is delayed due to circumstances for which KROBATH is not responsible, the risk shall pass to the purchaser at the latest on the day of notification of readiness for shipment.
5. Safekeeping, insurance
Artwork, printed matter, print carriers and other items for reuse, as well as semi-finished and finished products, shall only be stored beyond the delivery date by prior agreement and against separate payment. Liability for defective storage of the products is excluded in any case. If the aforementioned items are to be insured, the buyer shall arrange for the insurance himself.
All products shall be deemed to have been ordered without assembly. If the buyer wishes to have the products assembled and/or labelled on site, this must be stated separately in writing in the course of the order. The resulting additional costs shall be borne by the purchaser. KROBATH does not undertake any work that exceeds the scope of its trade licence. Electrical connections, structural changes as well as other measures in this respect, which are connected with the installation, must therefore be carried out by the purchaser. In the absence of a written agreement to the contrary, the installation costs shall be invoiced according to the number of hours worked as well as the flat rate for travel to and from the site. Freedom of assembly must be guaranteed at the installation site. If this is not completely guaranteed on the installation date, the entire time used including preparation, travel to and from the site shall be invoiced.
7. Default of acceptance
- If the purchaser does not accept the goods upon delivery or if the goods cannot be delivered to the purchaser in case of postal dispatch, KROBATH is entitled to store the goods at the purchaser's expense and to withdraw from the contract after granting a reasonable period of grace and to claim damages instead of performance in the amount of 20 % of the gross order price, at KROBATH's option.
- KROBATH reserves the right to claim further damages, in particular also due to storage costs incurred as well as reduced proceeds in case of resale.
8. Payment, default in payment, offsetting prohibition
- Invoices are due for payment promptly, in any case within 3 days after date of invoice or provision of the delivery item net. The date of payment is the date of receipt of payment by KROBATH or the date of crediting the account of KROBATH.
- Payments are to be made directly to KROBATH or to persons with written power of collection for KROBATH.
- Incoming payments can be credited by KROBATH to the oldest debt of the buyer plus interest and costs.
- In case of default of payment by the buyer, KROBATH is entitled to charge interest on arrears in the amount of 2% above the usual interest on debts at banks. Furthermore, KROBATH is entitled to withhold outstanding deliveries or services or to demand advance payments.
- If the aforementioned terms of payment are not adhered to or if circumstances become known which, according to commercial judgement, are suitable to reduce the creditworthiness of the purchaser, all outstanding claims against the purchaser shall become due for payment immediately.
- The purchaser may only offset his own claims if his counterclaim is legally related to his liability and has been recognised by KROBATH or has been established by a court of law.
9. Warranty, liability
- In the case of consumer transactions within the meaning of §1 KSchG (Consumer Protection Act), the statutory warranty provisions shall apply.
- The goods or the work shall be inspected by the buyer immediately after delivery or handover. Defects discovered in the course of such inspection shall be notified in writing without delay, but no later than 7 days after delivery or handover, stating the nature and extent of the defect. Hidden defects shall be notified in writing without delay, at the latest 7 days after their discovery, stating the type and extent of the defect. If a notice of defect is not made, not made in time or not made in writing, the goods or the work shall be deemed to have been approved. The assertion of warranty claims and/or claims for damages, as well as the right to contest errors, are excluded in these cases. Defects in a part of the delivery do not entitle the buyer to complain about the entire delivery.
- The warranty period is 6 months from delivery or handover and is neither extended nor interrupted by attempts at improvement. Contrary to the presumption of §924 ABGB (Austrian Civil Code), the buyer has to prove the existence of a defect at the time of delivery.
- It is up to KROBATH to fulfil warranty claims by replacement, improvement, price reduction or cancellation. The assignment of warranty claims or claims for damages is not permitted. In case of resale of the goods by the buyer, all warranty claims against KROBATH are void; the right of recourse according to §933b ABGB (Austrian Civil Code) is excluded.
- KROBATH does not assume any liability neither for the suitability of the materials provided by the buyer nor for surfaces to be pasted and/or labelled by the buyer. KROBATH is only obliged to warn the purchaser in case of obvious unsuitability of the materials/surfaces provided, in all other cases a liability for compensation is excluded.
- The print motifs are checked in advance by the purchaser for correctness, status and size and approved in writing. The buyer shall also check the contractual conformity of the preliminary and intermediate products sent and approve them in writing. The risk of any errors shall pass to the buyer upon issuance of the written release, unless these are errors that only occurred or could only be detected after the subsequent production process.
- It is expressly pointed out that the end product may show color deviations compared to pre-products due to different manufacturing processes and the specified material. Color deviations therefore do not represent a defect.
- In the case of the delivery of print products or other foils and plates or associated contract finishing work or further processing, KROBATH is not liable for significant damage to the product or materials to be finished or further processed, unless the damage was caused intentionally or through gross negligence. Liability for consequential damage (such as an expected damage to the material provided, any downtime, etc.) or any penalties is also excluded, unless the damage was caused intentionally or through gross negligence.
- KROBATH is only liable for damage if intentional or grossly negligent causation can be proven within the framework of the statutory provisions. Liability for indirect damage, lost profit or positive breach of contract is excluded.
- In general, the reversal of the burden of proof according to §1298 ABGB is excluded and claims for compensation become statute-barred within 6 months from knowledge of the damage and the damaging party.
- The special provisions from the "Instructions for vehicle lettering" apply to vehicle lettering.
- Claims from the title of warranty or compensation are limited to our own work and the amount is limited to the respective order amount.
10. Retention of Title
- All delivered and assembled goods remain the property of KROBATH until full payment of the purchase price including interest and ancillary fees.
- The retention of title also extends to the products resulting from the processing. When processing or combining with other materials, KROBATH acquires co-ownership of the resulting products in accordance with the value-added shares. Insofar as this proportion cannot be ascertained, but in any case at least 33% of the value of the resulting product.
- All claims from the sale of goods to which KROBATH has property rights are already assigned by the buyer in full or, in the case of processing, to the amount of the co-ownership share, to KROBATH for security and satisfaction. Upon request, the buyer must provide KROBATH with all the documents required for moving in.
- In the event of a default in payment, an early due date or if settlement or insolvency proceedings are opened against the assets of the buyer, KROBATH is entitled to assert the retention of title to all the goods delivered.
- The buyer must always notify KROBATH immediately of any seizure or other impairment of property by third parties. The buyer is also obliged to bear the costs and measures to eliminate the intervention, in particular the costs of intervention processes, seizures, etc.
- Drafts, sketches, plans, samples, other technical documents, etc. remain the exclusive intellectual property of KROBATH and are not delivered, even if they are charged separately. The reproduction or duplication of delivered goods or the transfer to third parties for this purpose is not permitted without the written consent of KROBATH.
- The buyer is solely responsible for ensuring that the performance of the commissioned services and the use of the drawings, print data, samples, images, documents, data, photos etc. provided by the buyer do not infringe the property rights of third parties. By submitting these drawings, print data, samples, images, photos, etc., the buyer irrevocably declares that he is entitled to all intellectual property rights, in particular copyright and other exploitation rights. The buyer shall fully indemnify and hold KROBATH harmless in the event of claims arising from such violations of rights by third parties.
12. Privacy, references
- If the buyer has given his consent to receive advertising emails, in particular newsletters, during the ordering process or elsewhere, he will receive messages from KROBATH about products, offers and other information. This consent can be revoked at any time.
- The buyer also agrees to the use of images of the products and works manufactured by KROBATH as references in brochures, project descriptions or on the website of KROBATH or an affiliated company etc.
13. Choice of law, place of performance, place of jurisdiction
- For all disputes arising from the contractual relationship, the competent court for the registered office of the KROBATH company, i.e. currently the district court of Zell am See or the regional court of Salzburg, is agreed as the place of jurisdiction. This if the buyer is not a consumer within the meaning of Section 1 of the Consumer Protection Act.
- This contract is subject to Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
- If individual provisions are invalid, the validity of the remaining provisions shall not be affected. The contractual partners are obliged to agree on a new provision that comes as close as possible to the purpose of the invalid provision.