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Kunststoffbehälterindustrie GmbH

Schmelz 83
A-9772 Dellach im Drautal

(tel) +43 (0) 4714 8228-0
(fax) +43 (0) 4714 8228-20
UID ATU39398601

General terms and conditions

Terms and Conditions of Sale and Delivery

  1. General Terms and Conditions
    • The following terms and conditions shall apply exclusively to all sales and deliveries, including those based on future business transactions. Supplementary to these terms and conditions, the statutory regulations for commercial sales shall apply, even for non-merchants.
    • Any deviating agreements must be confirmed by us in writing in order to be valid. Conflicting terms and conditions of the buyer shall not be recognised, even if we do not explicitly oppose them in the individual case. The buyer may assert any reservations regarding the exclusive validity of these terms and conditions only within 3 days of receipt of the order confirmation, but in no case after receipt of the goods.
    • If orders deviate from the relevant valid standards, product responsibility shall transfer to the customer.
    • Design and technical data may change, as the products are subject to continuous technical development.
    • Details in the sales materials and descriptions of performance, design, dimensions, weights, etc. must be regarded as a guideline within the possible tolerances.
  2. Term of Delivery
    • An agreed term of delivery shall not be deemed exceeded for a period of two weeks. It shall commence on the day on which the order confirmation is sent and shall be deemed complied with, if the goods have left us by the end of the term of delivery or the possibility to dispatch the goods has been notified.
    • The term of delivery shall be extended – even within any period of default of delivery – reasonably in the event of unforeseeable obstructions that we could not avoid despite the implementation of every reasonable care under the relevant circumstances. This shall apply in particular in the case of operating disruptions, both in our own operations and in external operations upon which the production or transportation is dependent, caused for instance by war, strike, lockout, riot, coal or energy shortage, failure of transportation, labour conflicts, as well as any other cases of force majeure. We shall notify the customer of any such obstructions as soon as they come to our attention, unless the obstruction is already generally known anyway.
    • The agreed term of delivery shall also be extended by any period during which the customer is in default of fulfilment of his obligations under this or any other contract. Our further rights with regard to the customer’s default of fulfilment shall remain unprejudiced thereby.
    • The ordering party shall only be entitled to rescind the contract for non-compliance with the term of delivery, if he has set us a reasonable period of grace by registered letter. Thereby, a period of at least four weeks shall be deemed reasonable. After expiry of this period, the ordering party may assert his statutory rights, subject to the condition that our liability shall – if the default of performance is due only to minor negligence on our part – be limited to the purchase price amount and to such damages that are consequently caused by the need to procure the goods elsewhere. Any claims in excess thereof shall be excluded.
    • If the contract is amended after our order confirmation has been sent, the originally agreed term of delivery shall be void. Instead, a new term of delivery in accordance with the new order confirmation shall commence upon our confirmation of the amendment to the contract being sent.
    • In the case of early delivery, the actual time of delivery shall be effective and not the originally agreed time.
    • Correct and punctual self-delivery is prerequisite for compliance with the term of delivery in every case.
    • Claims for damages by the buyer due to delayed delivery or non-fulfilment are excluded in any case.
  3. Price
    • Contracts for which fixed prices have not been agreed upon explicitly shall be settled at the prices valid on the day of delivery.
    • In the case of fixed prices, both parties to the contract reserve the right to demand an appropriate modification of the agreed price in the event of changing wages, freight rates, energy costs, sales tax or customs duties, unless delivery is made within 4 months of the order confirmation.
    • Any changes occurring after conclusion of the contract with regard to an agreed foreign currency or the euro exchange rate shall be borne by the customer.
  4. Terms of Payment
    • Payments must be made in euros within 30 days of the invoice date and without any discount deductions. Upon expiry of 30 days after the invoice date, we shall charge default interest at a rate of 12% per annum, unless we can prove higher damages due to the default.
    • Payments shall be deemed to have been made upon receipt of the relevant amount on the account specified by us.
    • Bills of exchange, cheques and other instruments shall be accepted only by prior agreement, for processing only, without guarantee for protest, and subject to their discountability. Discount expenses shall be charged as of the due date of the invoiced amount. The costs of debiting, bank interest and bank expenses must be borne by the customer.
    • In the case of major order volumes, we may demand advance payments or partial payments in accordance with the partial deliveries.
    • The customer shall not be entitled to offset counterclaims that have not been acknowledged by us, unless such counterclaims have been legally recognised in favour of the customer.
    • Payments shall be credited to the oldest outstanding accounts receivable from the customer, even if the payment is made for certain specified goods. If we become aware of circumstances from which a low credit-rating of the customer can be concluded, we shall be entitled – even after conclusion of the contract – to demand sufficient security forthwith or to demand cash payment of the account receivable. If the customer is in default of fulfilment of a part of his obligations, we shall be entitled to declare that all our claims against the customer are due immediately.
  5. Delivery, Consignment, Freight, Transfer of Risk
    • Our written order confirmation shall be decisive for fulfilment of the order. The measurements, weights and performance details as well as illustrations contained therein shall merely be guidelines and therefore non-binding, unless they have been declared binding explicitly. In particular, we explicitly reserve the right to make technical changes due to constant further development.
    • Delivery shall be made partly assembled or unassembled as agreed upon.
    • If the goods are consigned at the customer’s request, the risk of accidental loss and accidental deterioration of the goods shall transfer to the customer upon delivery to the customer’s consignment agent, but not later than upon the goods leaving the delivery plant or warehouse, even if they are not consigned from the place of fulfilment.
    • If the goods are ready for consignment and consignment or acceptance of the goods is delayed for reasons for which we are not responsible, risk shall transfer to the customer upon receipt by the customer of the notification that the goods are ready for consignment.
    • If the customer does not accept the delivery within a reasonable period after receipt of the notification of completion or promptly in the case of notified consignment, we shall be entitled to either store the goods ourselves or to have them stored in a third-party warehouse at the customer’s costs and risk. The same shall apply if the delivery or consignment of the goods is postponed at the customer’s request or is not possible for a longer time due to circumstances for which we are not responsible.
    • If transport insurance has not already been taken out by us at the customer’s costs for certain products in advance, we shall only take out such insurance at the customer’s request and expense.
    • If the customer is in default of acceptance of the goods, we shall be entitled to rescind the contract partly and to demand damages with regard to the other part.
    • We shall be entitled to make partial deliveries of the order and to invoice these separately.
  6. Vendor’s Lien
    • The delivered goods shall remain our property until the customer has paid all accounts receivable from the business relationship with us, including such that arise in future, in particular any current account balance. The delivery of a bill of exchange or cheque shall only be deemed as payment once the instrument has been cashed.
    • All rights to technical drawings, assembly instructions and other materials that are delivered to the customer or otherwise handed over, in particular property rights, copyrights and the like, shall remain with us and shall not transfer to the customer. The customer is not permitted to give such materials to third parties, unless this is absolutely necessary in order to fulfil the purpose of the contract.
    • The customer is entitled to resell the goods subject to vendor’s lien in normal business, but he is not entitled and authorised to pledge the same or offer the same as surety, unless it is ensured that the account receivable for the resale shall transfer to us. For this purpose, the customer herewith already assigns the purchase price receivable for resale of the goods with all ancillary rights to us.
    • If the purchase price receivable arising from the resale in turn is integrated in a current account, the customer herewith already assigns his claim for payment of the amount resulting from the next balancing of accounts to us. We herewith accept this assignment.
    • Notwithstanding the assignment, of which the customer’s third-party customer should not be informed, the customer shall be entitled to collect the assigned accounts receivable as long as he fulfils his obligations to us and is not in a state of financial collapse. However, we shall be entitled to revoke this authorisation to collect these accounts receivable and to collect the accounts receivable ourselves. The customer must issue single declarations of assignment to us on demand, stating the third-party customer, and must at this time notify the third-party customer of the assignment. The customer must furthermore give us all the information necessary for assertion of the assigned account receivable.
    • If the goods subject to vendor’s lien are resold together with other goods, the advance assignment agreed upon above shall apply only in the amount of the value of the goods subject to vendor’s lien that are resold together with the other goods.
    • The customer must notify us forthwith of any legal or actual third-party accesses to the goods subject to vendor’s lien or the accounts receivable assigned in advance, thereby providing the materials necessary for intervention.
    • We undertake, at our discretion, to release the sureties at the customer’s demand inasmuch as the value of the sureties exceeds our accounts receivable by 20%, but subject to the condition that – with the exception of deliveries under a true current account contract – a release is only required for such deliveries or substitute goods that have in turn been paid in full.
    • The vendor’s lien agreed upon above also applies to all accounts receivable owed to other companies within our group of companies.
  7. Warranty
    • Every delivery must be inspected for possible damage prior to acceptance within the meaning of the Austrian Business Code. If damage is identified that was caused by transportation, this must be confirmed on location and in writing by the transport company.
    • If damage to the goods is identified that was not caused by transportation, or if guaranteed properties are missing, the customer must notify us thereof in writing forthwith, but not later than within 5 days of acceptance, in the case of identifiable defects or forthwith upon detection, but not later than within the statutory period of time after acceptance, in the case of defects that are not immediately identifiable, even if the customer was sent specimens in advance.
    • In the case of timely notification of defects we shall, at our discretion, be entitled to remedy the defects in accordance with the statutory provisions, make partial replacement delivery or make partial refund of the value of the goods. If we do not exercise this right within a reasonable period set by the customer, the customer shall be entitled to reduction or to rescission from the contract.
    • Any warranty claims in excess thereof as well as any claims for damages whatsoever, including consequential loss, shall be excluded in every case, unless they are caused by intentional or grossly negligent conduct on our part.
    • Claims by the buyer, in particular for reimbursement of processing, development and conversion costs, as well as damages that do not relate to the delivery item itself shall be excluded.
    • Hue deviations in subsequent deliveries shall be excluded from all warranties.
    • Unless a general warranty declaration is issued for individual articles, we shall accept warranty for delivery items only in the case of an explicit written warranty promise.
    • Components with tears or damages must be eliminated for safety reasons. They must not be loaded, lifted or stacked any longer.
  8. Guarantee conditions for containers for waste and recyclable materials

    Europlast guarantees for the quality of its containers under the following conditions:
    • The user must file all container- and vehicle-related documentation throughout the guarantee period using a documentation system in accordance with EN ISO 9001:2000.
    • The container location and the prevalent conditions must be documented throughout the guarantee period.
    • The guarantee shall apply exclusively for containers that were lifted and emptied exclusively with lifting and tipping devices compliant with EN 1501.
    • Any maintenance jobs or alterations made to the vehicle body or tipping components have to be documented in detail by stating the intervention period, place, persons, reason for the intervention, subject of the intervention, description of the intervention, established deviations from the standard and any arising problems and by including the signature of the engineer.
    • Any interventions or maintenance jobs performed on the vehicle body and lifting and tipping devices may exclusively be carried out by persons with proven and documented expert knowledge which they received from the manufacturer of the lifting and tipping device.
    • The lifting and tipping devices may exclusively be operated by personnel trained by the manufacturer of the lifting and tipping device.
    • If the inspections are carried out on a regular basis and documented, they must be performed on all the required inspection points as specified in the manufacturer’s instructions. The inspection intervals must not exceed 3 months or 10,000 tipping processes.
    • In the event of damages to a container, it is necessary to immediately observe the following procedure to ensure that the guarantee claim remains unaffected: In the event of any guarantee-related container damages, any claim under guarantee must be reported to EUROPLAST GmbH, A-9772 Dellach, Austria without delay, i.e. until no later than the next working day. The vehicle must be parked in a dry and weatherproof area and be made accessible to EUROPLAST GmbH for inspection. On demand, tipping processes are to be demonstrated and measurements taken according to instructions in the presence of appointed representatives of EUROPLAST GmbH.
    • The location where the containers are kept must be horizontal and level, as defined in DIN 18202. During the guarantee period, the containers may be exposed to a maximum UV radiation load of 500 kLy.
    • It must be ensured that handling, transportation and storage is always documented and carried out appropriately and in accordance with the intended application.
    • In the case of guarantee, it is agreed that the burden of proof lies with the user. Any documentation must be made accessible to Europlast for inspection and, on demand, handed over in the form of notarised copies.
    • The date of manufacture written on the container applies as the starting date of the guarantee period.
    • The number of tipping processes within the guarantee period is not unlimited. An average maximum tipping frequency of one tipping process per week shall apply.
    • Any deviations concerning the shade of colour shall be excluded from the guarantee.
    • Guarantees for delivery items shall only be assumed if an express, written guarantee assurance was provided.
  9. Contractual Relations, Place of Fulfilment and Venue
    • The contractual relations shall be governed exclusively by the laws of the Republic of Austria. Application of the UN Convention on Contracts for the International Sale of Goods shall be ruled out.
    • The place of fulfilment for deliveries shall be Dellach im Drautal. The place of fulfilment for payments and venue shall be Spittal an der Drau.
  10. Should individual provisions of these Terms and Conditions of Sale and Delivery be invalid, the validity of the other provisions shall remain unprejudiced.
  11. In accordance with the Data Protection Act, we herewith inform you that your data shall be stored electronically.