The 'purchaser' as mentioned in the present terms is Lecapell GmbH, A-4730 Waizenkirchen.
Any orders as well as additional and subsequent orders are only valid in written form. Orders must be confirmed by the supplier within 5 working days unless other confirmation periods are indicated on the respective document. If the confirmation deadline is not met by the supplier, the purchaser is entitled to cancel the order. The delivery date indicated on the order document is calculated based on the date of order. If the delivery arrives incompletely or if the delivery does not arrive by the prescribed date, the purchaser is entitled to assert his or her rights without extending the final delivery deadline. The reasons for the delivery delay as well as the new delivery date must be communicated in writing. If the purchaser extends the final delivery deadline and the delivery procedure is unsuccessful, the purchaser may withdraw from the contract and make a covering purchase at the expense of the seller. If the delivery delay was caused by an act of God, the purchaser may completely or partly withdraw from the contract. In this case, the seller has not right to raise any claims.
All deliveries shall be sent in accordance with the agreements made with the purchaser. The delivery address is the one stipulated in the order document. All deviations shall be at the expense of the seller. The goods shall be packed according to custom and usage and shall be protected from damaging impacts. Each delivery is only accepted with a proper delivery note. The delivery note and the invoice shall feature the article numbers of the various products for the purchaser. Cash-on-delivery parcels are only accepted if expressly agreed.
Payments are made upon invoice verifications according to the method of payment agreed. The address for payment is the one stipulated in the order document. Unless otherwise agreed, we offer a 3-% discount in case of payment within 30 days and net payment within 60 days. If there are both requirements and obligations, the seller agrees to a compensation. The prices and payment modes were agreed for faultless and complete goods and for faultless and complete services of the seller. If the goods and services do not comply with the agreements, the purchaser reserves the right to retain the payment until full correction of the defects by the seller.
5. Legal conformity
The goods and services delivered must comply with all legal provisions in force. The seller shall be obliged to bear the costs resulting from claims of third parties in case of wrongful deliveries, to reimburse any costs the purchaser incurs thereof and to indemnify and hold harmless the purchaser in this regard.
6. Notices of defect
The seller guarantees that the ordered product or service will be free from defects and that no defects could be observed according to the current state of science and technology when the product/service was placed on the market. If the seller becomes belatedly aware of any circumstances that could be the reason for a defect, the seller shall be obliged to communicate this fact to the purchaser immediately and to reimburse any costs for the return of the good and/or for the repair of the defect. Unless otherwise agreed, the seller's warranty period for defects of the delivery ends two years upon receipt of the good or service. The lack of warranted or standard properties is also considered a defect. The purchaser reports the defect to the seller by means of a written notice of defect. If the seller does not remedy the observed defects within the time limit set by the purchaser or if the seller does not provide a substitute, the purchaser is entitled to make covering purchases or to task a third party with remedying the defects at the expense of the seller. In case the product is returned, the seller shall be obliged to reimburse the purchase price plus the purchaser's loss of profit as well as any costs incurred by the purchaser's customers. Only Austrian law shall apply. Any restrictions of the seller's obligations resulting from the Product Liability Act or possibly applied foreign product liability regulations as well as any other restrictions are not accepted.
7. Information transfer
The seller shall be obliged to keep secret any data and information he or she is familiar with due to the cooperation with the purchaser. Any provided objects, such as punchers, norms etc., must not be given to third parties and must be made available to the purchaser at any time. Copies of any kind are only permitted provided a written consent has been given by the purchaser. Upon the termination of the business relationship, the purchaser is entitled to retract all provided objects and copies thereof. Any information transferred shall further be kept secret by the supplier and the sub-suppliers.
8. Place of jurisdiction
Place of performance is Waizenkirchen, place of jurisdiction is Grieskirchen.
9. Special provisions
If not otherwise agreed or stated in the General Purchasing Conditions, the legal provisions shall apply. Any changes or amendments to these General Purchasing Conditions must be made in writing and approved by the management. Our Supplier Code of Conduct has to be fulfilled by our raw material suppliers. All other agreements have no legal effect.