General Terms and Conditions of M. Maurer Ges.m.b.H.
Updated: 10/5/2017
1. Scope
The following Terms and Conditions exclusively apply to all of the seller’s deliveries and services.
The seller does not recognize the purchaser’s general terms and conditions unless the seller has explicitly given written consent to their validity. The language of the Agreement is English.
2. Offer
Offers are non-binding in regard to prices, quantities, delivery times, and availability inasmuch as an Agreement only comes into existence if the seller declares acceptance of the order given to the seller.
3. Terms of the Agreement
1. All sales are only closed for specific quantities, items, qualities, and fixed prices.
2. The terms of the Agreement are determined by mutual declarations. The seller’s order confirmation is primarily decisive, or alternatively the purchaser’s letter of acceptance. Amendments to the terms of the Agreement and ancillary agreements require written confirmation by the seller to be agreed upon. The seller is authorized to make partial deliveries.
3. If the clarification of the necessary production specifications is delayed beyond the time of the conclusion of the Agreement, agreed-upon delivery periods are extended and agreed-upon delivery dates are rescheduled accordingly.
4. The subject of the Agreement is selling goods. The details, especially the important characteristics of the goods, are found in the item description and the supplementary information on the provider’s website.
4. Place of performance, delivery, and acceptance
1. The place of performance for all services from the delivery agreement is the place of
the seller’s commercial establishment.
2. The goods are delivered ex-works provided that nothing to the contrary is explicitly agreed upon. The goods are shipped at the purchaser’s costs and risk. Shipment by M. Maurer Ges.m.b.H. can be agreed upon. In this case, the freight costs that are incurred shall be billed to the purchaser by M. Maurer Ges.m.b.H.
3. Partial deliveries are possible if desired by the customer. Freight costs are calculated per delivery in this case.
4. Packaging costs for special packaging are borne by the purchaser.
5. If the purchaser is at fault that acceptance does not take place in a timely manner, the seller is due the right at its discretion to either invoice the goods to be immediately payable (invoice after the fact) or to rescind the Agreement and demand damages after a grace period of 12 calendar days that is to be set.
6. If partial deliveries are agreed upon, the purchaser agrees to accept them within 14 days after being requested by the seller. If the purchaser finds itself in default of acceptance, the seller may rescind the Agreement or invoice the partial service, and this invoice shall be due immediately. Damages and costs incurred by default of acceptance are borne by the purchaser. In the case of long-term orders, the statutory interest rate of 9.2% above the applicable basis interest rate shall be calculated for warehousing that exceeds 6 months.
7. Samples that are ordered shall be charged at the full value and cannot be taken back.
Requested consignments on approval of stock are regarded as accepted if they are not sent back free of charge within 10 days calculated from the day of arrival at the purchaser’s facilities. Patterns are only produced and delivered upon request and are billed at cost.
8. In the case of wrong deliveries for which M. Maurer Ges.m.b.H. is at fault, the goods shall be returned by the purchaser within 5 business days by a logistics company to be named by M. Maurer Ges.m.b.H. Later return shipments shall not be accepted.
5. Prices
Prices are provided as net without value-added tax and are quoted ex-works excluding packaging and are valid for 2 months after the offer is submitted. Costs for set-up times are listed separately in the offer.
6. Payment
1. Invoices are due to be paid immediately in full including any freight costs and other fees and can be delivered by M. Maurer Ges. m.b.H. personally, by mail, by fax, or electronic form (e.g. email).
Invoices for contract processing orders are due to be paid net and in full 5 days after the invoice date.
Price changes or invoice deductions are not permitted without the seller’s written confirmation.
2. The seller reserves the right to demand appropriate prepayments and billing for advance payment. In any case, this applies to new customers for their first two orders.
3. At the time an order is issued for custom items, 50% of the order value is regarded as agreed upon as the prepayment.
4. For security reasons, no EUR 200 and 500 notes are accepted for cash payments at the sales premises of M. Maurer Ges.m.b.H. Card payments (ATM & credit cards) are possible starting at a purchase value of EUR 25.00. The minimum purchase value is EUR 10.00.
5. The possibility of paying by credit card or PayPal is offered to purchasers who have their registered office outside of Austria, and fees for doing so are calculated on the invoice at the expense of the purchaser.
7. Default in payment
1. Invoices shall be paid in a timely manner according to the payment terms (the date that the invoice amount is received into M. Maurer Ges.m.b.H.’s account applies).
2. Default in payment shall be prosecuted pursuant to EU directive 2011/7/EU.
Default interest of 9.2% above the applicable statutory basis interest rate.
In addition, EUR 10.00 of dunning fees shall be billed per dunning level.
Should the open amount not be paid in a timely manner after the last dunning notice, the obligation shall be transferred to a commissioned collection office.
3. Claiming other damages resulting from delay shall not be excluded by this. The seller is not obligated to make deliveries from this current Agreement before full payment of invoice amounts that are due including interest. If the purchaser is in default for a payment that is due, or if the purchaser’s financial circumstances substantially deteriorate, the seller can demand cash payments before delivering the goods and cancel the period allowed for payment for all outstanding deliveries, and all accounts receivables can be made due for payment because of the same conditions. Retention of payments that are due or offsetting is only possible for the purchaser’s claims that have been legally established, or have been recognized in writing by the seller.
The purchaser can neither assign nor pledge claims and rights from an existing contractual relationship without the seller’s written consent.
4. If there are multiple incidences of payments outside of the agreed-upon payment deadline, the customer’s account shall be automatically set to advance payments. The purchaser shall be informed thereof in writing.
8. Retention of title
The delivered goods remain the seller’s property until full payment of all claims against the purchaser has been made even if the claims were included in a running account.
9. Default in delivery
1. In the event of default in delivery, an appropriate grace period shall be set of at least 4 weeks, of at least 8 weeks for processed goods, and this grace period shall be set by registered mail after the expiration of the delivery period.
2. The seller is authorized to rescind the Agreement excluding liability for damages if the availability, pricing, or quality of the goods of the seller’s suppliers or services of other third parties upon which the proper performance of the order that was issued substantially depends change considerably and in an unacceptable way. The prerequisite for our duty to deliver is that we receive timely and proper deliveries in every case.
3. In the event of acts of God (strikes, lockouts, riots, states of emergency, lack of raw materials, disruptions of traffic, war, fire, flooding, lack of workers, lack of energy, governmental measures, etc.), the obligation to deliver ceases to apply in whole or in part without the purchaser receiving a claim for damages.
10. Rejections
1. Deviations of quality, skid resistance, thickness, surface, design implementation, weave, and finish as well as tolerances for weight, width, and length of ± 10% are permitted due to technical reasons, or if the deviations are in line with market conditions. Color tones of a pattern are reproduced as well as possible using dyeing technology. Color deviations are caused by technical reasons, are customary in the industry and do not justify rejection. Information in drafts, descriptions, offers, etc. shall only be regarded as approximate. Therefore, the purchaser cannot reject deviations from the information for the goods delivered unless they are neither normal in the trade nor reasonable.
2. The right of an over or under delivery of ± 20% is reserved for special orders.
11. Defects and warranty
1. The purchaser shall give immediate written notice of any defects of the delivered goods no later than within one week after the goods arrive, he shall give written notice within one week after non-apparent defects are discovered, but no later than 4 weeks after the goods have been received by the purchaser. For custom items, notice must be given for any defects within one week from the receipt of goods. If the purchaser neglects to give immediate or timely notification of a defect, or if the goods are modified after the purchaser discovers the defect or could have discovered the defect, the purchaser loses all warranty rights by doing so.
2. Color deviations can occur within customary tolerance ranges and cannot be accepted as defects.
3. Provided that proper notice has been given of a defect and it is justifiable, the purchaser receives free replacement goods that are free of defects.
4. Instead of that, the seller can also choose to remediate the defective goods, to refund the Agreement regarding the defective goods, or to reduce the purchase price. If the seller decided on a replacement delivery or remediation, and if the seller defaults on performance of the selected warranty obligation, the purchaser shall set an appropriate grace period for the seller of at least six weeks, and if this grace period expires without success the purchaser shall demand a refund of the Agreement regarding the defective goods or reduction of the purchase price at the purchaser’s discretion. Any further liability of the seller is excluded unless the defects of the goods or the delay regarding the replacement delivery or remediation is based on intent or gross negligence of the company management or of a managing employee of the seller. Goods that have been rejected can only be sent back upon the explicit agreement of the seller.
5. Warranty rights due to defective deliveries expire in twelve months starting at the time that the risk was transferred to the buyer.
12. Rights and intellectual property
The purchaser is solely responsible for verifying the right to reproduce all logos and templates including drafts produced by the seller. When an order is issued, the seller assumes that the purchaser is authorized to have the ordered written, word, and figurative marks produced, to sell them, and to use them. The purchaser agrees to release the seller from any and all third-party claims that may arise by preparing and carrying out the transferred work. In this respect, the seller’s liability is excluded. The seller’s application technology advice is given according to the seller’s best knowledge based on research work and experience. Information about suitability and use of the delivered goods is given without obligation. The seller is authorized to rescind the Agreement at any time in the event that claims are asserted pursuant to unfair commercial practices law or patent or trademark claims are asserted by third parties.
13. Jurisdiction
The sole jurisdiction for all disputes about and from the Agreement and also for bill of exchange and check processes is Vienna.
Applicable law: the law of the Federal Republic of Austria applies.
The application of the UN Convention dated 04/11/1980 on Contracts for the International Sale of Goods, Austrian Official Journal (BGBI) 1988/96 is explicitly excluded.
In the event that agreements are concluded with consumers, the following applies:
For lawsuits against purchasers who are consumers as defined by the Austrian Consumer Protection Act and whose residence, habitual abode, or place of employment is within Austria, only the jurisdiction of a court can be agreed upon in whose jurisdiction one of those places is located.