1. General Conditions
General Business Conditions apply to all deliveries and business performances registered as BMB Handels GmbH, FN 321195 x (abbreviated “BMB”).
The laws of Austria solely apply to every contract. Jurisdiction lies with the Courts of Austria. The inefficacy of certain parts of the general business conditions has no influence on the validity of the remaining conditions. The ineffectual conditions will be replaced by those legally sanctioned modifications which best comply with the legal and economic interest of the invalid conditions.
2. Offers, Charging, Shipping
Offers are free from other levies. Quotes are not binding. BMB is entitled to insist on minimum orders. Calculation of charges are made out in Euro. The legally binding Value Added Tax or Customs Duties are not included in the price. Prices are inclusive of shipping from warehouse and packaging, with exception of very delicate or packaging intensive products, in which case packaging will be charged separately exclusive of shipping costs. Cost of shipping has to be paid by the commissioner/ buyer. The customer/ buyer is required to indicate when ordering whether priority postage is required for which there will be an extra charge. BMB reserves the right to adjust charges according to validity on the day of delivery , especially in cases of changes in salaries or wages, freight, insurance, duty or any other tax applicable on the day of delivery. In cases of devaluation in currency within the duration of contract, BMB reserves the right to adjust the price accordingly for the outstanding quantity of goods. BMB is entitled to cancel the contract, should the buyer/ commissioner disagree to the terms and conditions. Submitted data concerning planning, illustrations, sketches, drawings, quotes, etc, are considered valid if they have been submitted in writing. Copyright and ownership of data concerning the execution of a commission remain with BMB. These documents are not to render accessible to third persons and have to be returned to BMB on request. BMB has no obligation to check documents submitted by buyers/ commissioners on their validity or completeness.
3. Contract and Subject of Contract
Extent and content of contract will be authorized by written agreement. Additional arrangements are rendered invalid. If for any technical or economical reason a contract has to be changed during the planning phase, BMB is authorized to carry out the commission, bearing in mind the best interest of the customer. More significant changes warrant the written consent of the buyer/ commissioner. Should the buyer/ commissioner refuse consent, BMB is entitled to charge for services rendered and refuse execution of the order.
Terms and time of delivery are not binding. If terms of delivery have been agreed, the process will start with the dispatch of a written confirmation of the order but not before all relevant data have been submitted and all technical questions have been clarified and not before a down payment has been made. Terms of delivery have been met as soon as completion of the consignment or dispatch have been announced to the buyer/ commissioner. Claims for compensation concerning delays in supply can not be accepted unless negligence caused by BMB can be proved. Wars, strike, exclusion, disturbance concerning management or transport, fire damage, cases of providence or having to follow orders by authorities which prevent delivery of goods, exempt BMB from the obligation for the duration of the disruption.
In the afore named cases time and date of delivery will be delayed. Time of delivery will also be delayed, if the buyer/ commissioner does not pursue his/ her obligation or fails to present relevant information forthwith. Should acceptance of goods be delayed for reasons for which BMB cannot be held to account, BMB reserves the right to charge for storing, beginning one month after completion has been announced.
BMB reserves the right to choose the route and way of shipping. The buyer/ commissioner accepts responsibility for the transport according to common law rules including risk of breakage or loss during shipping.
6. Conditions of Payment
Payment has to be made according to conditions and within the given frame of time. Delay of payment warrants a 12% increase in interest. If payment in instalments has been arranged, delay in payment leads to loss of time slot for delivery.Payment proves effectual as soon as it is at the disposal of BMB. Dunning costs have to be born by the buyer / commissioner. The right by the commissioner / buyer to retain payments or balancing accounts will only be recognized if the claim has been accepted or has been legally approved. Should the commissioner / buyer demand the commission to be charged to a third person, the responsibility remains with the buyer. He/ she is the sole debtor for the total amount vis a vis BMB.
7. Reservation of Ownership
All goods remain the property of BMB until the merchandise has been paid in full. The buyer/ commissioner is entitled to dispose of the merchandise or sell it on within the normal line of business in which case the commissioner/ buyer relinquishes to BMB all rights concerning the sale. On demand the contractor has to be informed of the cession in writing. The commissioner / buyer is obliged to hand over to BMB all correspondence concerning vindication of the demand. BMB has to be informed immediately in case of a warrant or requisition of a third person party. The buyer/ commissioner is obliged to insure delivered goods against any kind of damage. He/ she relinquishes any claim to insurance contracts to BMB. The buyer/ commissioner is responsible for any disadvantage arising for BMB through assertion of a claim to the reservation of ownership.
8. Transfer of Risk
If payment for ordered or delivered goods is delayed, liability is carried over to the buyer/ commissioner. A delay in accepting the goods is understood to happen if the buyer/ commissioner does not collect the goods within 3 weeks of notification from either the proprietor or a place assigned by him/ her. If the buyer/ commissioner fails to collect the goods within the given time, BMB is entitled to an emergency sale. BMB reserves the right to claim compensation. Delay onaccount of the buyer/ commissioner also occurs, if necessary information, relevant to the delivery has not been transmitted on time.
BMB reserves the right to improve or replace faulty articles. The buyer/commissioner has the right to make changes or ask for a reduction should the attempt to replace or repair the damage fail. Demands above compensation are not negotiable unless negligence on the side of BMB or their contractors can be proved. Appointed duration of warranty in case of a mutual agreement on a business deal, contrary to regulations of § 922 ff ABCB is five months.
Requirements which warrant the Right to Compensation :
BMB has been informed immediately about any fault the buyer/ commissioner has adhered to the rules subject to contract (e.g. service, etc.) no changes, improvements have been made without the consent of BMB
Furthermore BMB does not accept responsibility for faults caused by:
Unqualified handling through the customer or third person Acts of God, water damage, fire, crash, etc. Wrongly fitted parts of unapproved origin (parts of external procurement) Negligence in following directions about attendance and care of the delivered product Hindering own – brand installations and provisions
10. Court of Jurisdiction and Place of Execution
Place of execution is 2372 Gießhübl for legal disputes concerning this contract: Court of Justice responsible for 2372 Gießhübl
11. Data Handling
The buyer/ commissioner gives consent to BMB to store all relevant personal and business related data under EDP. BMB guaranties absolute confidentiality in data handling.