IKS Group

General

Our sales, deliveries and services are carried out exclusively on the basis of the following conditions. Changes and additions must be in writing. Deviating purchasing conditions only oblige us if we expressly recognize them in individual cases.

Conclusion of contract

All our offers are subject to change. A contract is concluded by sending an order confirmation or delivery after receiving the order. Subsequent changes to the contract must be made in writing.

Delivery deadlines, delivery dates

Delivery deadlines and delivery dates are subject to the condition that the customer fulfills all obligations towards us in due time. In the event of a delay in delivery for which we are responsible for more than 30 days, the customer can withdraw from the contract by setting a grace period of 90 days by registered letter. Compensation is excluded, except in the case of intent or gross negligence. Unforeseen circumstances or circumstances that are independent of our will entitle us to declare withdrawal from the contract without becoming liable for damages.

Shipping

Deliveries are made at the customer’s risk. Unless otherwise agreed, the choice of shipping method is left to us.

Prices and terms of payment

Prices apply ex works or warehouse (EU-processed) and – unless otherwise agreed in writing – do not include insurance, packaging, loading, transport or value added tax. Payment must be made within 10 days of the invoice date with a 2% discount or within 30 days net cash. The customer can only offset against our claim if his counterclaim is undisputed or legally established.
In the event of late payment, default interest of 1.3% per month will be charged; the customer must also pay all judicial and extrajudicial costs of debt collection.
Payments are initially offset against any arrears. If the customer is in arrears with the payment of a due claim or if an application is made to initiate insolvency proceedings against his assets, all claims arising from this business relationship become due immediately regardless of the agreed payment terms or deferrals.
Discountable and properly paid bills of exchange are only accepted as payment if this has been expressly agreed beforehand. Credits for bills of exchange and checks received are always subject to the correct receipt of the value. The resulting interest rates and expenses are borne by the buyer. If the value of the goods is less than EUR 100.00, a small quantity surcharge of EUR 50.00 will be taken into account.

Quotations for repairs

Quotations are charged at EUR 50.00. The amount does not apply to subsequent repair orders or new machine purchases. From the receipt of the quotation at the customer, there is a 4 week period for approval or rejection. After expiry, without further notice, EURO 50.00 will be charged, the machine in question will be disassembled and unfree shipped back to the customer. When purchasing a new machine, the scrapping of the old device is included.

Ownership reservation

We deliver exclusively under ownership reservation. Only after full payment of all claims from the entire business relationship does ownership of the delivered goods pass to the buyer.

Warranty, indemnification

We provide warranty for our deliveries and services in accordance with the statutory provisions, but limited to six months. The presumption rule of § 924 ABGB is excluded.

The warranty expires immediately if, without the written consent of the contractor, the customer themselves or a third party not expressly authorized by the contractor makes changes or repairs to the deliveries and services of the contractor. We shall only pay damages in the event of intent or gross negligence, whereby the customer bears the burden of proof for any gross negligence on our part.

If there are material defects, the customer may retain a maximum of twice the expected remedy costs from the invoice amount until they are remedied.

Product liability

Our goods offer the security that can be expected on the basis of licensing regulations, operating instructions – especially with regard to any prescribed inspection – and other notes. We are liable for any product defects in accordance with the Product Liability Act. However, the use of property damage suffered by a customer as an entrepreneur is excluded.

Place of performance, place of jurisdiction, choice of law

The place of performance is the place of our company. The relevant court in Vienna is also responsible for deciding all disputes arising directly or indirectly from a contractual relationship. Contracts are subject to Austrian law. If a customer is based abroad, the UNCITRAL Convention on the International Purchase of Goods must be applied.