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Delivery Terms

by Peter Knap last modified 2023-09-21 01:56

Our offer is preferably directed to industrial user. Deliveries to private customers are in compliance with minimum contract values - 50,- € (excl. 20% USt) for intra-Community supplies and 25,- € (eckl. 20% USt) to customers in Austria against prepayment, cash payment or payment by credit card (VISA, MasterCard).

General Terms of Delivery
issued by the Austrian Electrical and Electronics Industry Association (FEEI)

These terms of delivery in the original as PDF

1. Scope
1.1. These General Terms shall govern legal transactions between business
enterprises, namely the delivery of commodities and, mutatis mutandis, the
rendering of services. Software transactions are with precedence governed
by the Software Conditions issued by the Austrian Electrical and Electronics
Industry Association, assembly work by the Terms and Conditions for
Assembly Work issued by the Austrian Power Current and Light Current
Engineering Industry and/or (where applicable) the Terms and Conditions
for the Assembly of Electrical Equipment used in Medicine issued by the
Austrian Electrical and Electronics Industry (the current versions are available
at www.feei.at).
1.2. Any departure from the terms and conditions mentioned in 1.1 above shall
be valid only if expressly accepted in writing by Seller.

2. Submission of offers
2.1. Seller’s offers shall be deemed offers without engagement.
2.2. Tender documents and project documentation must not be duplicated nor
made available to third parties without the permission of Seller. They may
be claimed back at any time and shall be returned to Seller immediately if
the order is placed elsewhere.

3. Conclusion of contracts
3.1. The contract shall be deemed concluded upon written confirmation by
Seller of an order received or upon dispatch of a delivery.
3.2. Particulars appearing in catalogues, folders etc. as well as any oral or
written statements shall only be binding if Seller makes express reference
to them in the confirmation of the order.
3.3. Subsequent amendments of or additions to the contract shall be subject to
written confirmation.

4. Prices
4.1. Prices shall be quoted ex works or ex Seller’s warehouse without VAT,
packing and packaging, loading, disassembly, take-back and proper recycling
and disposal of waste electrical and electronic equipment for commercial
purposes as defined by the Ordinance Regulating the Handling of
Waste Electrical Equipment. Buyer shall be liable for any and all charges,
taxes or other duties levied in respect of delivery. If the terms of delivery
include transport to a destination designated by Buyer, transport costs as
well as the cost of any transport insurance desired by Buyer shall be borne
by the latter. Delivery does not, however, include unloading and subsequent
handling. Packaging materials will be taken back only by express
4.2. Seller reserves the right to modify prices if the order placed is not in
accordance with the offer submitted.
4.3. Prices are based on costs obtaining at the time of the first quotation. In the
event that the costs have increased by the time of delivery, Seller shall
have the right to adjust prices accordingly.
4.4. In carrying out repair orders, Seller shall provide all services deemed
expedient and shall charge Buyer for the same on the basis of the work input
and/or expenditures required. The same holds for any services or additional
services the expediency of which becomes apparent only as the repair
order is executed. In such an event special notification of Buyer shall
not be required.
4.5. Expenses for estimates of costs of repair and maintenance or for expert
valuations shall be invoiced to Buyer.

5. Delivery
5.1. The period allowed for delivery shall commence at the latest of the following
a) the date of order confirmation by Seller;
b) the date of fulfilment by Buyer of all the conditions, technical, commercial
and other, for which he is responsible;
c) the date of receipt by Seller of a deposit or security due before delivery
of the goods in question.
5.2. Buyer shall obtain whatever licences or approvals may be required from
authorities or third parties for the construction of plant and equipment. If
the granting of such licences or approvals is delayed for any reason the delivery
period shall be extended accordingly.
5.3. Seller may carry out, and charge Buyer for, partial or advance deliveries.
If delivery on call is agreed upon, the commodity shall be deemed called
off at the latest one year after the order was placed.
5.4. In case of unforeseeable circumstances or circumstances beyond the
parties control, such as all cases of force majeure, which impede compliance
with the agreed period of delivery, the latter shall be extended in any
case for the duration of such circumstances; these include in particular
armed conflicts, official interventions and prohibitions, delays in transport
or customs clearance, damages in transit, energy shortage and raw materials
scarcity, labour disputes, and default on performance by a major component
supplier who is difficult to replace. The aforesaid circumstances
shall be deemed to prevail irrespective of whether they affect Seller or his
5.5. If a contractual penalty for default of delivery was agreed upon by contracting
parties when the contract was concluded, it shall be executed as
follows, and any deviations concerning individual items shall not affect
the remaining provisions: Where delay in performance can be shown to
have occurred solely through the fault of Seller, Buyer may claim for each
completed week of delay an indemnity of at most one half of one per cent,
a total of no more than 5 %, however, of the value of that part of the goods
to be delivered which cannot be used on account of Seller’s failure to deliver
an essential part thereof, provided the Buyer has suffered a damage to
the aforesaid extent. Assertion of rights of damages exceeding this extent
is precluded.

6. Passage of risk and place of performance
6.1. Unless otherwise agreed, the delivery of goods is considered sold EXW in
accordance with INCOTERMS® 2010.
6.2. For services, the place of performance shall be the place indicated in the
written order confirmation, secondary to that at which the service is actually
rendered by Seller. The risk in respect of such services or any part
thereof shall pass to Buyer at the time the services have been rendered.

7. Payment
7.1. Unless otherwise agreed, one third of the purchase price shall fall due at
the time of receipt by Buyer of the order confirmation of Seller, one third
after half the delivery period has elapsed and the balance at the time of delivery.
Irrespective thereof the turnover tax comprised in the amount of the
invoice shall be paid within 30 days of the invoice date. If bankruptcy proceedings
are instituted against the assets of Buyer or if an application for
bankruptcy proceedings is not granted for insufficiency of assets, deliveries
shall only be made against cash in advance.
7.2. In the case of part settlements the individual part payments shall fall due
upon receipt of the respective invoices. The same shall apply to amounts
invoiced for additional deliveries or resulting from additional agreements
beyond the scope of the original contract, irrespective of the terms of
payment agreed upon for the principal delivery.
7.3. Payment shall be made without any discount free Seller’s domicile in the
agreed currency. Drafts and checks shall be accepted on account of payment
only, with all interest, fees and charges in connection therewith (such
as col- lection and discounting charges) to be borne by Buyer.
7.4. Buyer shall not be entitled to withhold or offset payment on the grounds of
any warranty claims or other counterclaims.
7.5. Payment shall be deemed to have been effected on the date at which the
amount in question is at Seller’s disposal.
7.6. If Buyer fails to meet the terms of payment or any other obligation arising
from this or other legal transactions, Seller may without prejudice to his
other rights
a) suspend performance of his own obligations until payments have
been made or other obligations fulfilled, and exercise his right to extend
the period of delivery to a reasonable extent,
b) call in debts arisen from this or any other legal transactions and
charge default interest amounting to 1.25 % per month plus turnover
tax for these amounts beginning with the due dates, unless Seller
proves costs exceeding this.
c) only perform other legal transactions against cash in advance in the
case of qualified insolvency, in other words, following two delays in
In any case Seller has the right to invoice all expenses arising prior to a
lawsuit, especially reminder charges and lawyer’s fees.
7.7. Discounts or bonuses are subject to complete payment in due time.
7.8. Seller retains title to all goods delivered by him until receipt of all
amounts invoiced including interests and charges.
Buyer herewith assigns his claim out of a resale of conditional commodities,
even if they are processed, transformed or combined with other commodities,
to Seller to secure the latter’s purchase money claim. In the case
of resale granting respite Buyer shall have the power of disposal of the
product under retention of ownership only with the proviso that upon reselling
Buyer notifies the secondary buyer of the assignment for security
or enters the assignment in his account books. Upon request Buyer has to
notify the assigned claim and the debtor thereof to Seller, and to make all
information and material required for his debt collection available and to
notify the assignment to the third-party debtor. If the goods are attached or
otherwise levied upon, Buyer shall draw attention to Sellers title and immediately
inform Seller of the attachment or levy.

8. Warranty and acceptance of obligation to repair defects
8.1. Once the agreed terms of payment have been complied with, Seller shall,
subject to the conditions hereunder, remedy any defect existing at the time
of acceptance of the article in question whether due to faulty design, material
or manufacture, that impairs the functioning of said article. From particulars
appearing in catalogues, folders, promotional literature as well as
written or oral statements which have not been included in the agreement
no warranty obligations may be deduced.
8.2. Unless special warranty periods operate for individual items the warranty
period shall be 12 months. These conditions shall also apply to any goods
supplied, or services rendered in respect of goods supplied, that are firmly
attached to buildings or the ground. The warranty period begins at the
point of passage of risk acc. to paragraph 6.
8.3. For improved or exchanged parts, the warranty period shall start again, but
shall end in any case 6 months after the original warranty period has expired.
8.4. If delivery or the performance of services is delayed for reasons outside
the control of Seller, the warranty period shall begin 2 weeks after Seller is
ready to deliver or perform services.
8.5. The foregoing warranty obligations are conditional upon the Buyer giving
within a reasonable period notice in writing of any defects that have occurred
and such notice reaching the Seller. Buyer shall prove within a reasonable
period the presence of a defect, in particular he shall make available
within a reasonable period to Seller all material and data in his possession.
Upon receipt of such notice Seller shall, in the case of a defect covered
by the warranty under 8.1 above, have the option to replace the defective
goods or defective parts thereof or else to repair them on Buyer’s
premises or have them returned for repair, or to grant a fair and reasonable
price reduction.
8.6. Any expenses incurred in connection with rectifying defects (e. g. expenses
for assembly and disassembly, transport, waste disposal, travel and siteto-
quarters time) shall be borne by Buyer. For warranty work on Buyer’s
premises Buyer shall make available free of charge any assistance, hoisting
gear, scaffolding and sundry supplies and incidentals that may he required.
Replaced parts shall become the property of Seller.
8.7. If an article is manufactured by Seller on the basis of design data, design
drawings, models or other specifications supplied by Buyer, Seller’s warranty
shall be restricted to non-compliance with Buyers specifications.
8.8. Seller’s warranty obligation shall not extend to any defects due to assembly
and installation work not undertaken by Seller, inadequate equipment,
or due to non-compliance with installation requirements and operating
conditions, overloading of parts in excess of the design values stipulated
by Seller, negligent or faulty handling or the use of inappropriate materials,
nor for defects attributable to material supplied by Buyer. Nor shall
Seller be li- able for damage due to acts of third parties, atmospheric discharges.
Excess voltage and chemical influences. The warranty does not
cover the replacement of parts subject to natural wear and tear. Seller accepts
no warranty for the sale of used goods.
8.9. The warranty shall lapse immediately if, without written consent of Seller,
Buyer himself or a third party not expressly authorised undertakes modifications
or repairs on any items delivered.
8.10. Claims acc. to § 933b ABGB are struck by the statute of limitation with
lapse of the period mentioned under point 8.2.
8.11. The provisions of sub-paragraphs 8.1 to 8.10 shall apply, mutatis mutandis,
to all cases where the obligation to repair defects has to be accepted
for other reasons laid down by law.

9. Withdrawal from contract
9.1. Buyer may withdraw from the contract only in the event of delays caused
by gross negligence on the part of Seller and only after a reasonable period
of grace has elapsed. Withdrawal from contract shall be notified in writing
by registered mail.
9.2. Irrespective of his other rights Seller shall be entitled to withdraw from the
a) if the execution of delivery or the inception or continuation of services
to be rendered under the contract is made impossible for reasons within
the responsibility of Buyer and if the delay is extended beyond a
reasonable period of grace allowed;
b) if doubts have arisen as to Buyer’s creditworthiness and if same
fails, on Seller’s request, to make an advance payment or to provide
adequate security prior to delivery, or
c) if, for reasons mentioned in 5.4, the period allowed for delivery is
extended by more than half of the period originally agreed or by at
least 6 months, or
d) if Buyer does not or does not properly meet the obligations imposed
as per paragraph 13.
9.3. For the reasons given above withdrawal from the contract shall also be
possible in respect of any outstanding part of the delivery or service contracted
9.4. If bankruptcy proceedings are instituted against Buyer or an application
for bankruptcy proceedings is not granted for insufficiency of assets, Seller
may withdraw from the contract without allowing a period of grace. If
this withdrawal is taken, it shall take effect immediately upon the decision
that the business will not be continued. If the business will be continued, a
withdrawal shall not take effect until 6 months after the institution of
bankruptcy proceedings or after an application for bankruptcy proceedings
has not been granted for insufficiency of assets. In any case, the contract
shall be terminated immediately unless the bankruptcy law to which Buyer
is subject conflicts with this or if termination of the contract is necessary
to prevent significant damages to Seller.
9.5. Without prejudice to Seller’s claim for damages including expenses arising
prior to a lawsuit, upon withdrawal from contract any open accounts in
respect of deliveries made or services rendered in whole or in part shall be
settled according to contract This provision also covers deliveries or services
not yet accepted by Buyer as well as any preparatory acts performed
by Seller. Seller shall, however, have the option alternatively to require the
restitution of articles already delivered.
9.6. Withdrawal from contract shall have no consequences other than those
stipulated above.
9.7. The assertion of claims on the ground of laesio enormis, error, or lapse of
purpose by the Buyer is excluded.

10. Disposal of waste electrical and electronic equipment
10.1. The Buyer of electrical/electronic equipment for commercial purposes,
incorporated in Austria, is responsible for the financing of the collection
and treatment of waste electrical and electronic equipment as defined by
the Ordinance Regulating the Handling of Waste Electrical Equipment, if
he is himself the user of the electrical/electronic equipment. If the Buyer is
not the end user, he shall transfer the full financial commitment to his customer
by agreement and furnish proof thereof to the Seller.
10.2. The Buyer incorporated in Austria shall ensure that the Seller is provided
with all information necessary to meet the Seller’s obligations as manufacturer/
importer, particularly according to §§ 11 and 24 of the Ordinance
Regulating the Handling of Waste Electrical Equipment and the Waste
Management Act.
10.3. The Buyer incorporated in Austria is liable vis-à-vis the Seller for any
dam- age and other financial disadvantages incurred by Seller due to Buyer’s
failure to meet or fully meet his financing commitment or any other
obligations according to Article 10. The Buyer shall bear the burden of
proof of performance of this obligation.

11. Seller’s liability
11.1. Outside the scope of the Product Liability Act, Seller shall be liable only if
the damage in question is proved to be due to intentional acts or acts of
gross negligence, within the limits of statutory provisions. Seller's total liability
in cases of gross negligence is limited to the net value of the order
or EUR 500,000, depending on which amount is lower.
11.2. For each incident of damage, Seller shall be liable for 25% of the net value
of the order or EUR 125,000, depending on which amount is lower.
11.3. Seller shall not be liable for damage due to acts of ordinary negligence nor
for consequential damages or damages for pure economic loss, indirect
damages, loss of production, financing costs, costs for replacement energy,
loss of energy, data or information, loss of profits, loss of savings or interest,
or damage resulting from third-party claims against buyer.
11.4. Seller shall not be liable for damages in case of non-compliance with
instructions for assembly, commissioning and operation (such as are contained
in instructions for use) or non-compliance with licensing requirements.
11.5. Claims that exceed the contractual penalties that were agreed on are excluded
from the respective title. The provisions of paragraph 11 apply exclusively
for all claims by Buyer against Seller, regardless of the legal basis
or entitlement, and also apply to all employees, subcontractors and subsuppliers
of Seller.

12. Industrial property rights and copyrights
12.1. Buyer shall indemnify Seller and hold him harmless against any claims for
any infringement of industrial property rights raised against him if Seller
manufactures an article pursuant to any design data, design drawings,
models or other specifications made available to him by Buyer.
12.2. Design documents such as plans and drawings and other technical specifications
as well as samples, catalogues, prospectuses, pictures and the like
shall remain the intellectual property of Seller and are subject to the relevant
statutory provisions governing reproduction, imitation, competition
etc. The provisions of 2.2 above shall also cover design documents.

13. Compliance with export provisions
13.1. When passing on goods delivered by Seller to third parties (as well as any
related documentation, regardless of the method of provision or the services
performed by Seller [including technical support of any kind]), Buyer
must comply with the applicable regulations of national and international
(re-)export provisions. In any case, Buyer must observe the (re-)export
provisions of Seller's country of residence, the European Union and the
United States of America.
13.2. If necessary for export controls, Buyer must provide Seller with all necessary
information immediately after being requested to do so, for example,
information about the final recipient, final destination and purpose of the
goods or services.

14. General
Should individual provisions of the contract or of these provisions be invalid
the validity of the other provisions shall not be affected. The invalid
provision shall be replaced by a valid one, which comes as close to the target
goal as possible.

15. Jurisdiction and applicable law
Any litigations arising under the contract including litigations over the existence
or non-existence thereof shall fall within the exclusive jurisdiction
of the competent court at Sellers domicile; the competent court of the Bezirksgericht
Innere Stadt, Vienna, shall have exclusive jurisdiction if Seller
is domiciled in Vienna. The contract is subject to Austrian law excluding
the referral rules. Application of the UN Convention on Contracts for the
International Sale of Goods is renounced.

16. Provisio
The execution of the contract by Seller is subject to the condition that there
are no obstacles standing in the way of execution due to national or international
(re-)export provisions, and especially no embargos and/or other sanctions.

Last revised in September 2011

These terms of delivery in the original as PDF

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