General Terms of Sale and Delivery

 

1. General

The ‘seller’ as mentioned in the present terms is Lecapell System Leder GmbH, A-4730 Waizenkirchen, Austria.

 

2. Offers

All offers are non-binding. Offers become binding only upon confirmation by the seller.

 

3. Delivery

Delivery is carried out according to the mode of shipment stipulated in the offer. The risk of damage to the goods during transport is assumed by the purchaser even in case of pre-paid shipment. In case of pre-paid shipment, the mode of transport is at the seller’s discretion. The delivery date indicated in the offer is non-binding. The purchaser has no right to claim compensation for late or non-delivery. In case of extraordinary circumstances which are beyond der seller’s control, the seller is entitled to fully or partly withdraw from the contract. In such cases, the purchaser has no right to claim for compensation or subsequent delivery. Extraordinary circumstances include the following events: war or danger of war, import or export bans, seizure by the authorities, shortage of workforce or raw materials, domestic and foreign strikes, fire, epidemics, traffic disruptions, civil commotion and catastrophes in the widest sense. Delivery notes and invoices are issued on the basis of the dimensions of the leather measured in square metres, the net weight or the number of delivered sets of stamping parts of any kind.

 

4. Additional costs

If the selling price includes customs duties as well as transport and pallet charges and if additional unforeseen costs arise due to an increase of charges, these costs shall be payable by the customer. Moreover, all customs duties, taxes and export fees which were not known at the time the business transaction was made and therefore not calculated shall be at the expense of the customer.

 

5. Notices of defect

Complaints can only be considered if they are submitted in writing within 3 days of receipt of goods. Notices of defect concerning already processed leather products cannot be accepted. In case of hired labour on the part of the seller no warranty and guarantee claims can be submitted in connection with chemical and physical changes during and after the processing of leather not owned by the seller.

 

6. Payments

The terms of payment can be found in the offer. If not stated, our default terms are net payment within 30 days. The purchaser is not entitled to withhold payments or make deductions from invoices of any kind. Charges of any kind for money transfers through banks have to be paid from the purchaser. In case of overdue payment on the part of the purchaser concerning the current or previous transactions, garnishment action against the purchaser, receipt of negative information the seller is entitled to withdraw from all agreements and obligations. Additionally, the seller may demand payment by cash on delivery or security from the purchaser. Should this be the case, all liabilities of the purchaser towards the supplier become due immediately. All legal and other costs resulting from the delay of payment shall be at the expense of the customer.

 

7. Retention of title

The seller retains ownership of the delivered goods until fulfilment of all claims. If the goods are processed into a new product, the purchaser cannot acquire ownership of the goods subject to retention of title. If the goods are processed by the purchaser with other items not owned by the seller, the seller acquires co-ownership of the newly manufactured product, in proportion of the value of the goods subject to retention of title to the value of the other processed items at the time of processing. The seller shall be informed immediately about any third party seizure of the goods or claims subject to retention of title. This includes a petition for bankruptcy or composition proceedings, as well as the opening of such proceedings, regardless whether the petition has been filed by the purchaser or a creditor. The purchaser shall take out sufficient insurance for the goods subject to retention of title against the risks of fire and theft. Claims against the insurance companies in the event of damage or loss are transferred to the seller to the amount of the value of the goods subject to retention of title already at this time.

 

8. Place of jurisdiction and law

Place of performance is Waizenkirchen, place of jurisdiction is Grieskirchen. Law of Austrian Republic is valid. Applicability of CISG is excluded.

 

9. Special provisions

Any changes and amendments to these General Terms of Sale and Delivery must be made in writing and approved by the management. All other agreements have no legal effect.