GENERAL TERMS AND CONDITIONS (International Contracts, including Euorpean Union)
Without exception, VULPUS TRADING concludes contracts on the basis of the GENERAL TERMS AND CONDITIONS of the unlisted individual company Vulpus Trading, Owner Mag. Klaus Fuchs, 4040 Linz.
Scope of application: The current GTC apply to all current and future services provided by VULPUS Trading (hereinafter referred to as VT), even if the GTC is not expressly referred to. The terms and conditions apply with the date of the order as accepted, but at the latest with the receipt of the goods. Deviations from these terms and conditions require the written form without exception. Deviating terms and conditions of the buyer are expressly contradicted and shall not apply in the case of sending an order confirmation to the buyer.
Offers: The offers of VT are non-binding. Orders are only accepted by a written order confirmation or by actual delivery / service. Information provided by VT in its business records or in electronic form (Facebook, Instagram, website ..) is only binding if expressly designated as such. The prices are generally non-binding and become binding only upon written acceptance of the offer. In the event that the prices change between the conclusion of the contract and the delivery, the buyer is obliged to pay the changed amount. However, he is entitled to a right of withdrawal if he raises more than 10%.
Terms of payment: All VT invoices must be paid 100% in advance within 5 working days after the proforma invoice issuing date. All payments are to be made free of charge and without deduction. In case of late payment 10% default interest will be charged, as well as the buyer has to pay the costs of the debt collection (collection debt collection costs). For any retention, set-off or reduction for whatever legal reason, the buyer is only entitled if the counterclaims have been legally established or have been acknowledged in writing by VT. Late payments are credited first to interest, then to expenses and then to the capital.
Transfer of risk: The risk passes with delivery of the goods to the transport company, which is to carry out the delivery of the goods to the buyer (forwarding, post etc.). If VT is ready for dispatch, but the buyer delays for whatever reason the shipment, the risk shall pass to the buyer at the time of the delivery readiness of VT. VT assumes no liability or guarantee for the transport itself or the selection of the persons involved.
Delivery times: The specification of the delivery dates do not represent a firm commitment of VT and are therefore not binding. They are only binding after prior written consent, unless the terms and conditions of VT provide otherwise. If VT does not comply with the promised delivery date, the purchaser shall be entitled to assert its statutory rights after granting a grace period which is reasonable for the specific delivery. If delivery times are not expressly agreed and agreed in writing by VT, VT shall assume no warranty or liability for compliance. Agreed delivery periods are extended in cases which are not attributable to the will of the buyer or VT for the duration of the delay or hindrance. This includes, for example, delays due to customs clearance, transport, late delivery from upstream suppliers, transport damage or force majeure.
Retention of title: The goods delivered by VT remain the property of VT until full payment of the outstanding liabilities. The buyer is entitled to process and sell the delivered goods, but assigns in advance all resulting claims to VT.
Warranty, Liability and Damages: VT warrants that the goods are in written condition at the time of handover to the buyer. The goods delivered by VT do not have normally assumed properties in the sense of the law. All properties must be agreed in advance in writing. Other properties are not deemed agreed, do not create any warranty and are excluded as well as any other liability. The buyer must check the goods immediately after acceptance for completeness and correctness both in terms of quality and quantity and at the latest within 5 days to report any defects in writing with fax / mail and to present in detail the alleged defects. As far as the warranty can not be excluded, a warranty period of 6 months from the date of receipt of the goods. A return of the goods is not permitted without the written permission of VT. In the event that the goods actually do not meet the properties agreed in writing, VT has the right to price reduction or replacement of the goods. All other claims, in particular conversion, are excluded. If the buyer violates these obligations, he loses all claims based on the alleged defects, be it from the title of warranty, damages or other legal basis.
The liability for damages is excluded, unless otherwise provided by mandatory law. The buyer has the obligation to subject the goods to an entry, interim and an exit inspection. If the buyer can not prove the fulfillment of these obligations in writing, he loses all claims and is VT liability and guarantee free. Basically VT is not liable for lost profits, damages and claims of third parties against the buyer as well as for indirect damages and consequential damages, apart from the deviating regulations of the product liability law. For goods that VT has received from the manufacturer and are sold directly to the buyer in the original container (except the overpack), VT assumes no liability and guarantee, this is thus excluded and makes the buyer the obligation to ensure a legal requirements necessary examination.
Final provisions: The contestation for error is excluded, as well as the contestation of the contract for shortening over half of the true value. Should individual provisions of the contract and of these terms and conditions underlying each contract be invalid or subsequently become invalid, the validity of the remaining provisions and the remaining contract remain unaffected. An invalid or subsequently invalidated provision shall be replaced by VT by such provision, which most closely achieves the intended economic and legal purpose of the invalid provision. Without exception, Austrian law applies to all legal disputes. The place of jurisdiction for all direct or indirect disputes shall be the exclusively competent court in Linz/Austria. VT may call another court competent for the buyer.