General Terms and Conditions of Kern Tec GmbH
1 General Terms
These terms and conditions apply to all current and future business relationships concluded with Kern Tec GmbH.
a) Consumers in the sense of these terms and conditions, are persons who fall within the scope of §1 paragraph 1 number 2 Consumer Protection Act.
b.) Companies in the sense of these terms and conditions are natural or legal entities who enter into the business relationship in the exercise of their business.
Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
Kern Tec GmbH is entitled to amend or supplement these Terms and Conditions at any time without the contractual partner being able to derive any claims from this. The General Terms and Conditions always apply in the respective current form at the time of the conclusion of the contract.
2 Offer and contractual conclusion
The offers and the price quotations of Kern Tec GmbH are subject to change and are to be understood as net at the respective daily price. Anything to the contrary shall only apply if agreed in writing.
Our invoice shall be deemed to be an order confirmation. The execution of the transaction by us is equivalent to a written order confirmation.
By placing an order for goods, the contracting party bindingly declares that it wishes to purchase the ordered goods. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing by means of an order confirmation or by delivery of the goods to the contractual partner.
The conclusion of the contract is subject to the correct and timely delivery by our suppliers. We also reserve the right to withdraw from past contract conclusions in the event of an acute crop failure or unforeseeable production stoppages.
3 Delivery and acceptance
Delivery to companies can be made in reasonable partial deliveries.
If we are in a delay in delivery of more than 6 weeks, the buyer has the right to withdraw from the contract insofar as the delivery has not yet been made. Unless the partial fulfillment of the contract has no use for the buyer. In this case the buyer can withdraw from the whole contract. Claims for compensation for damage caused by delay and claims for damages due to non-delivery are excluded, unless the failure to meet the delivery deadline is due to intent or gross negligence on the part of the seller, it's legal representative or agents. Events of higher force, also if they occur during an already existing delay, entitle us to postpone the delivery around the duration of the interference and an appropriate starting time. If the execution of the contract becomes unreasonable, it may withdraw from the contract to that extent. The withdrawal must be declared in writing. Equal to higher force are all circumstances which make the delivery substantially more difficult or impossible for us, no matter whether caused by unforeseeable operational or external circumstances, as for example gross harvest and production failures.
We do not guarantee compliance with specific delivery dates unless these have been promised in written form.
If the buyer violates essential contractual obligations and thus jeopardizes the purpose of the contract, we may withdraw from the contract at any time if the buyer does not remedy the breach of contract within a reasonable period of time.
4 Terms of payment
Unless otherwise agreed in writing, the sales prices are net prices plus the statutory value added tax. Kern Tec GmbH trades exclusively in Euro. All payments must be made within 14 working days of the invoice date without deduction. All costs of payment transactions are to be paid by the purchaser. Payments can only be made by bank transfer to our company account. Bills of exchange or cryptocurrencies are not accepted.
The purchaser is only entitled to retain or offset payments insofar as his counterclaims are undisputed or have been legally established.
In the event of delayed payment, the Buyer shall pay interest from the due date at a rate of 8% p.a. above the respective prime rate for mutual business transactions. In the case of business relations with consumers, the interest on delayed payment shall amount to 3.5% p.a.
The contractual partner may only exercise a right of retention if its counterclaim is based on the same contractual relationship, i.e. an overdue payment of an invoice on our part.
We are entitled to assign receivables against the customer to third parties.
The statutory provisions on default of payment shall remain unaffected.
5 Shipping and transfer of risk
If the buyer is an business, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass only upon delivery of the item to the buyer, even in the case of a mail order purchase. If the buyer is in default of acceptance, the risk of loss shall pass to the buyer from the first delivery attempt, except in cases of gross negligence or intent. In addition, any additional costs due to the failed delivery attempt, including new delivery, shall also be borne by the buyer.
Complaints due to a difference between the quantities delivered and those indicated on the transport documents or obvious transport damage to the goods will only be dealt with if the buyer has the complaint documented on receipt of the goods and the complaint is made on or immediately after receipt of the goods.
Packaging is not included in the sales price unless agreed in writing in the purchase contract or order confirmation.
Packaging materials will not be taken back unless otherwise agreed in written form.
7 Reservation of ownership
In the case of contracts with consumers, we retain ownership of the goods until the purchase price has been paid in full. In the case of contracts with companies, we retain ownership of the goods until the complete settlement of the claim arising from the contract.
If the purchaser is a business, we shall initially provide warranty for defects in the goods at our discretion by rectifying the defect or supplying a replacement.
If the purchaser is a consumer, it shall initially have the choice of whether subsequent delivery is to be made by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the consumer.
If the supplementary performance fails, the contracting party may in principle demand a reduction of the payment ( reduction) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the contractual partner shall not be entitled to withdraw from the contract.
Businesses must notify us in written form of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch shall be sufficient to meet the deadline.
The Contractor shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
In principle, only the product description (product specification) shall be deemed agreed as the quality of the goods.
Since the products are natural raw materials, there may be a market variation in the values in the specifications, odor and taste.
General limitation of liability
In the case of slightly negligent breaches of duty, our liability shall be limited to the direct damage foreseeable according to the type of goods and typical for the contract.
This also applies to slightly negligent breaches of duty by our legal representatives or agents.
We shall not be liable to companies in the event of a slightly negligent breach of minor contractual obligations.
The above limitations of liability do not affect claims of the contractual partner arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the contractual partner.
10 Foreign deliveries
Austrian law shall apply exclusively to contracts with foreign sellers.
11 Jurisdiction and place of execution
The place of jurisdiction and execution is 3130, Herzogenburg, Austria.
12 Severability clause
Should one or more terms of these terms and conditions be invalid, this shall not affect the invalidity of the remaining terms. The parties agree that the invalid clause shall be replaced by an agreement that corresponds to the invalid terms and conditions in terms of content and purpose.