GTB (General Terms of Business)
1. Miscellaneous
The issue of the new price list renders any previous prices invalid. However, prices shall be subject to alterations. By placing their order, these conditions shall be deemed accepted on the part of the orderer.
2. Offers
Our offers may be subject to change until the corresponding order placed with us on the basis of our conditions has been reconfirmed by us, the only exception being that the quoted prices were expressly stated to be binding. Unless the order is reconfirmed separately, the actual delivery of the goods or the invoice, respectively, whichever is the earlier, shall be deemed as confirmation of order.
3. Ancillary agreements
Ancillary agreements and alterations to the contract in retrospect are only deemed valid on the condition that they have been officially confirmed by us in writing in the form of all competent organs as registered in the Company Register. These aforesaid stipulations shall equally apply in the context of any agreements arrived at by our qualified sales representatives.
4. Prices
All prices shall be in Euros plus the relevant VAT ex store Vösendorf. In compliance with the current dispatch costs guidelines, a fee is charged for delivery of the goods. The purchase price shall be the price quoted on the confirmation of order or, in the case that there is no such order confirmation, the list price valid on the day of the actual delivery. In no way is the price quoted on the price list binding. For goods made to customers there is an appropriate supplement to be paid, and a minimum purchase quantity may be specified.
5. Delivery
All orders placed with us are carried out within the shortest possible time. Any indications as to delivery periods or deadlines shall merely serve as orientation. In the case that a delivery deadline cannot be met by us, despite applying the ordinary diligence (e.g. due to delayed or erroneous supply of materials by our carefully chosen sub-suppliers), this shall not constitute any claim for compensation or associated consequential damage on the part of the orderer. Strikes, lockouts, shortage of raw materials and transport interruptions shall be deemed Acts of God. In the occurrence of one of the aforesaid events, the mutual choice between rescinding the contract and postponing delivery by the period of time of obstruction shall herewith be deemed agreed. Supplies to specialist opticians shall be made for the exclusive purpose of sale to the end consumers, and any sales to retailers shall be excluded. The fact that specific groups of articles are supplied shall not entail any obligation on our part to supply our entire portfolio.
6. Risk-taking
All consignments are insured for transport risks, and this shall equally apply to all dispatchments in the context of warranty.
7. Notification of defects
Any damage resulting from transport or any other complaint on the basis of defect or incomplete delivery shall be reported immediately or within 10 days of receipt of the goods, at the latest, in the form of producing the defect items. In any case, our liability concerning goods manufactured by us shall be restricted to the net amount of the value of goods delivered and shall therefore be limited to a replacement or remedy of the goods in question or, failing that, to a redhibition of the present contract according to our choice. Any other liability on our part going beyond the aforesaid shall herewith be excluded unless in the case of intent. In particular, AUSTRIAN OPTIC TECHNOLOGIES GmbH shall not be liable for loss of income or any other financial damage of the orderer. Any claims established against us on whichever legal grounds shall become time-barred 6 months, at the latest, from our dispatch of the goods to the purchaser.
8. Payment
In the case of bank collection, we grant a 3% discount; within 10 days of the invoicing date, a 2% discount; within 30 days of the invoicing date, there shall be no discount. Deducting a discount shall only be permissible if all previous invoices have been settled. Delayed payments on the part of the purchaser shall, irrespective of their purpose, be credited first against the costs, then against any incidental claims, then the interest and, only then, against the invoice value, i.e. against the oldest invoice first. We herewith reserve the right of acceptance of any discountable exchange. Any discount or exchange charges shall be at the expense of the debtor and are to be paid immediately. In the case of overdue payment, interest in arrears to the amount of 1% per month shall be charged. Furthermore, should payment not be effected by the deadline for payment as specified on the invoice, all agreed quantity rebates, price reductions and markdowns shall no longer be applicable.
9. Reservation of ownership
We reserve the right of ownership of the goods delivered by us until their payment in full. Any proceeds from the sale of the goods supplied by us shall pass into our ownership upon payment by the end consumer, and are thus to be passed on to us. Up to the point in time that payment of these proceeds is effected to us, the same have to be kept in a way separate from the purchaser. The reservation of ownership shall be valid right until the the encashment of handed-out cheques and drafts/exchanges has been effected since we only accept payment as such, and not an item in lieu of payment.
10. Legal venue
The legal venue concerning delivery and payment shall be the Commercial Court in Vienna. However, we are equally entitled to establish claims at the legal venue of the orderer.
11. Invalidity of clauses
Should individual clauses as aforementioned be or become ineffective, these shall be replaced by other provisions that come as close as possible to the economic purpose of the contract while appropriately taking into account the interest of both contractual parties. All other remaining clauses, conditions or items of the general delivery conditions and terms of payment shall hence be rendered invalid. The ineffectiveness of individual provisions shall, however, not affect the validity of the remaining provisions under the general terms of delivery and conditions of payment shall hence be rendered invalid. The ineffectiveness of individual provisions shall, however, not affect the validity of the remaining provisions under the general terms of delivery and conditions of payment.