General Terms and Conditions of Sale and Delivery
General Terms and Conditions of Sale and Delivery
Our deliveries and services are made exclusively to the following General Terms and Conditions of Sale and Delivery. Conditions of Purchase or other general terms and conditions of the buyer are hereby expressly excluded; they do not apply even if we do not expressly object again at the conclusion of the contract.
2. Offer and Order
Our offers are subject to change. Orders are only binding for us if we have confirmed them in writing or have actually carried them out. Orders for alcohol can be made on our pre-printed order form, by phone, fax, e-mail or via our homepage. Subsequent changes or additions to the contract require written confirmation to be valid. This requirement of written form can not be deducted either verbally or conclusively.
Alcohol can be obtained taxed or untaxed. An untaxed delivery is only possible if a licensed alcohol stock (ATV number) or a customs exemption certificate (Freischein) is present.
Deliveries are made in road tankers or as general cargo in the container sizes of 1 litre (bottle), 5, 10 or 25 litre canisters, 200 litre barrels or 600 or 1000 litre containers. Own vessels of the customer are to be delivered to our factory. These vessels must be in perfect and clean condition, sealable and approved according to ADR / RID for the transport of “flammable liquids” (UN 1170 ETHANOL, 3, II). The risk of sending the alcohol is borne by the recipient as soon as the alcohol has been handed over to him, the carrier or the person assigned with the transport.
Loan containers or barrels and containers are provided free of charge and must be returned to our factory carriage paid within 31 days. After that delay fees in the amount of at least € 1,- per day and piece are charged.
Under a delivery volume of 600 litres of alcohol, the valid delivery fees will be charged on delivery with our forwarding agency:
In the case of delivery by train, the applicable rail tariff will be charged.
Under a goods value of € 350, – (excluding freight and taxes), a handling fee of € 12, – (price applies until further notice) will be charged.
For contaminated containers, a cleaning fee, depending on the effort, but at least in the amount of € 35, – will become due. All labels attached by AustrAlco must be left unaltered on the container. Manipulations such as strike-through, wash-off, peeling or other unrecognizability may under no circumstances be made. Violation leads to the complete settlement of the container at the expense of the buyer.
In order to avoid alcohol tax claims, the tax-free alcohol may only be used for the purpose stated in the customs exemption certificate. In the case of dispatch under the tax suspension procedure, the delivery must be confirmed online within the EMCS system within 5 days, otherwise the alcohol tax and a processing fee of at least € 50, – will be charged.
We are also entitled to carry out partial deliveries and bill them separately. We do not commit fixed delivery periods or fixed dates unless otherwise agreed in writing, so that claims for damages due to delayed deliveries – with the exception of written commitment – are excluded.
All deliveries are made on the basis of our price list valid at the time of delivery plus statutory sales tax.
5. Terms of Payment
Unless otherwise expressly agreed in writing, our invoices are due for payment immediately without any deductions. The buyer is not entitled to withhold payment due to warranty, damages or other claims.
The buyer is not entitled to withhold payment from us due to warranty, damages or other claims. If the buyer does not comply with terms of payment, we are entitled to withhold outstanding deliveries or to make them dependent on the provision of collateral or the performance of a (subsequent) down payment.
Irrespective of agreed payment terms, all our claims become due immediately as soon as the buyer experiences circumstances that reduce his creditworthiness, such as opening insolvency proceedings against the buyer’s assets, not opening such proceedings for lack of sufficient assets, in our opinion unjustified refusal of payment by the buyer ( default).
In case of default of payment, we are entitled to demand default interest of 9%. The assertion of further damage or exceeding of statutory interest remains reserved. In case of default, we are further entitled to charge the purchaser all costs associated with the prosecution of our claims, including the collectively agreed costs for engaging a lawyer, including for his out-of-court services.
Credit given by us may, without exception, only be used to settle the invoices for which they are issued. Payments without explicit dedication can be counted by us on any outstanding claim of the payer. Furthermore, we are entitled to book dedicated payments also in the order of costs, interest, principal, aconto of the claim.
When taking over the goods, the marking of the transport containers is to be compared with the delivery note or bill of lading. If the goods are rejected, a sample must be taken in the presence of a witness and sent to the place of delivery for inspection. In the examination, at least the smell and appearance of the alcohol, in the case of non-denatured alcohol, in addition also the taste should be checked. In the case of justified complaint, our liability is limited to replacement. In addition, the provisions of § 377 and § 378 of the UGB apply without restriction.
7. Retention of Title
The delivered goods including additional charges remain our property until the final payment. Nevertheless, the buyer is at risk of loss or damage to the goods. Within the scope of the retention of title the recipient enters:
(a) in case of processing of the alcohol, its ownership or co-ownership of the manufactured products;
(b) in case of the sale of the manufactured products, the claims arising herefrom to us.
The transfer by way of security or pledging of the goods subject to retention of title are prohibited to the buyer as well as any other disposition not corresponding to daily business operations. If third party goods that have been our property are executed or otherwise seized, the buyer must notify us immediately. The costs incurred by us for the enforcement of our claims are to be reimbursed by the buyer.
For damages outside the scope of the Product Liability Act we are liable – as far as it is legally permissible – only for intent or gross negligence. The liability for slight negligence is excluded as well as the replacement of consequential and/ or pure financial loss, lost profit, consequential damages and damages in connection with claims of third parties against the buyer or other indirect damages.
Applicable law, place of performance and place of jurisdiction
These General Conditions of Sale and Delivery and all contracts in connection with them are subject to Austrian Law with the exception of the UN Sales Convention and the reference standards of the IPRG. The exclusive place of jurisdiction for all disputes is Korneuburg. The place of performance for all mutual claims arising from the business relationship is Korneuburg.
The invalidity or unenforceability of one or more provisions of these General Conditions of Sale and Delivery or of a contract in connection with which this application can be used will not invalidate the remaining provisions. The invalid or unenforceable provision shall be deemed to be replaced by a valid and enforceable provision that comes as close as possible to the original economic intentions of the parties that pursued the invalid or unenforceable provision.