General Terms and Conditions
The following terms and conditions shall apply to this and all future business with the Customer. Any of the Customer’s terms and conditions that differ from these terms and conditions shall not apply, even if they contain a provision stating that provisions in the supplier’s terms and conditions that conflict with ours shall not apply. To be considered legally valid, the Customer’s terms and conditions shall anyway require our express written approval.
Prices quoted shall be subject to alteration. We reserve the right to change, supplement or delete the range of goods on our website, either entirely or in part. When the Customer orders online, by email, telephone, fax, post or at our business premises, the Customer makes an order that cannot be altered, and which must be accepted by us for a legally binding contract to be established. Orders placed with us shall become legally binding on us when the Customer receives written acceptance of the order from us or when we fulfil the order. Automated confirmation that we have received an online order from the Customer shall not constitute acceptance of the order on our part. While waiting for us to confirm receipt of an order, the Customer shall remain committed to his orders up to the end of a reasonable grace period, agreed in writing. We shall not be obliged to accept an order from the Customer. If the Customer does not comply with the terms and conditions and his obligations under the contract, we shall be entitled to suspend, partially or fully, the order or orders in question, and all other outstanding orders, before we have fulfilled them completely, or to withdraw from the contracts without the Customer being entitled to claim for damages. The minimum value of an order is €11.00, excluding VAT. Dimensions, weights, services, prices, etc., published in price lists, catalogues, brochures, on our website and elsewhere are not binding.
To place orders online on our website (www.plasticmetall.com) the Customer will first need to register (create a customer profile) on the website, in order to create a personal user profile. To create a user profile, the Customer will need to specify his UID number. Personal details entered by the Customer must be accurate, correct and complete.
3. Delivery dates / Transfer of risk
Even where a delivery date has been indicated, it shall not generally be legally binding, unless it has been specifically described in writing as binding (“fixed”). The Customer must set a reasonable grace period of at least one month in which he will accept an order. Depending on the situation, we shall be completely or temporarily exempted, in cases of force majeure or circumstances that are beyond our control, from the obligation to deliver an order and from any obligation to provide compensation. The delivery period for an order shall generally begin on the date the order is confirmed, and not until all the documents required to fulfil the order and any deposits and agreed (advance) payments have been received, the materials have been supplied, and the Customer has fulfilled other terms and conditions. Risk shall transfer to the Customer at the moment the items for delivery leave our warehouse. Goods will always be shipped from our warehouse in Vienna at the Customer’s risk and expense. We shall be entitled to carry out part or advance deliveries. The delivery order shall be deemed to have been fulfilled - including when carriage is paid - once we have passed the goods to the carrier or courier.
4. Cost estimate
Estimates shall generally be charged for. They shall only be binding if they are submitted in writing and designated as binding. Binding estimates may increase by up to 10%.
5. Payment / Price
Our prices are quoted without packaging, and delivered from our Vienna warehouse. Where, as part of the agreement, part of a delivery remains outstanding, payment shall be made, net, within 30 days. All prices are quoted exclusive of VAT. The prices stated in catalogues or on the website for online and other orders are subject to change. Any packaging and shipping costs and changes in the exchange rate shall be borne by the Customer. We reserve the right to wait for full payment before making deliveries. In the event of a default in payment, we reserve the right to withdraw from the contract, withhold deliveries of goods, or request payment by cash on delivery. We shall add a charge for payment by cash on delivery. If a contract is processed via online order, the purchase price shall be due for payment once the contract has been agreed. The Customer shall not be entitled to offset amounts owed to him against amounts owed to us. Only bills of exchange and cheques shall be accepted as payment. Our staff will only be authorised to accept cash payments if they have written authorisation to do so. We may always provide partial invoices for partial deliveries. If agreement has been reached for the Customer to pay in instalments, he shall be in default even if a single instalment has not been paid on time or has not been made in full; if this occurs, the full outstanding balance shall be due for payment immediately. The Customer shall pay interest of 13% p.a. for late payment, plus any costs incurred in reminding him to pay and recovering late payments. Customers from countries outside the EU will be subject to an additional charge of a minimum of €15 for bank fees for orders under €75.
Retention / Transfer of title
6. Retention / Transfer of title
We shall retain title to all goods delivered until we receive full payment of the purchase price, including associated costs (interest, assembly and shipping costs, the cost of sending out reminders to pay, etc.). In the normal course of business, the Customer may only sell on goods that he has ordered if we retain our title to them. The Customer shall hereby assign to us all payments due, up to the amount invoiced, that accrue to him as a result of selling on the goods, and shall undertake to make an entry to this effect in his books. We reserve the right to collect the payments ourselves. At our request, the Customer must also notify his customers separately that he has assigned payments due to us, must provide us with any information we require, grant us access to his books and hand over any documents we require in order to assert our claims. The Customer shall not be entitled to dispose of the goods in any other way, in particular by pledging them or transferring them by way of security. If third parties interfere with our rights as the party retaining title, the Customer must take all necessary steps to safeguard our rights. If payment is late, we shall be entitled to request the goods be returned at the Customer’s expense, and without first terminating the contract. If the goods are further processed by the Customer, we shall acquire joint title to the new item relative to the value of the goods we have provided.
Warranty / Compensation
7. Warranty / Compensation
The Customer (his courier / carrier / employees) must inspect the goods immediately upon delivery. Any obvious defects must be made known to us immediately, and any hidden defects within six days of being detected, and all defects must be described accurately and in writing only (or by fax, but not by email), otherwise any warranty rights will expire. The Parties agree on a period of six months from delivery of the goods for any (statutory) warranty claims to be asserted.
If we have been legitimately notified of defects, we will replace the goods free of charge or with a credit note, subject to our choice, once the defective goods have been returned to us. Before returning the goods, the Customer must arrange with us how the goods will be returned. The Customer must ensure that the goods are returned to us in the same condition as when they were delivered. The Customer shall bear all costs for returning the goods. The Customer shall bear the risk of returning the goods and proof that the deadline for return has been met. Standard or minor variations in quality, shape, colour, weight or features shall not be considered as defects and cannot be rejected. This shall also apply to deliveries based on samples and specimens. Modifications or additions to the goods, improper handling of the goods, or the failure to follow the operating instructions on the part of the Customer or third parties will result in the Customer forfeiting all warranty rights and rights to compensation.
The Customer shall not be entitled to refuse to accept the goods because of minor defects. The Customer must provide proof that the defect was already present when the goods were delivered, otherwise warranty rights will be forfeited. There can be no assumption that products will be defective. We will only process orders that are subject to third-party warranties as a service on our part with no liability for damages and no warranty obligations for our company.
We shall only assume liability for the specific way products manufactured or processed by us are used if we have checked the way the Customer intends to use them and have given our express approval in writing, and if the Customer uses the products carefully, paying particular attention to our processing information and other information.
With the exception of instances of intent and gross negligence, claims for damages against us - regardless of type or cause - shall be excluded. In instances of slight negligence, we shall assume liability for personal injury only. Any liability for consequential damage and loss of profit shall be excluded in all cases. The amount of any damages to be paid shall be limited by our own insurance cover, according to which liability for consequential damage and loss of profit is excluded in all cases. Liability shall expire six months after the Customer becomes aware of the damage and the identity of the person who caused it.
If the Customer unilaterally cancels supply contracts or orders without being entitled to do so, he shall be liable for the financial damage caused to us and shall be obliged to pay a cancellation fee of 20% of the value of the goods, and a minimum payment of €20.00.
8. Product liability
The Customer shall undertake to strictly observe and adhere to the processing information / operating instructions provided, along with all other instructions, particularly safety instructions. The Customer shall be aware that if he disregards or contravenes the operating instructions, our liability under the Austrian Product Liability Act (or PHG) shall cease to apply. If the Customer suffers any damage while using goods delivered by us, any related claims against us under the PHG shall be excluded. The Customer shall undertake not to sell, provide or otherwise pass on goods that have been manufactured for commercial use to consumers or persons who are not businesspeople within the meaning of the PHG.
The Customer shall waive in advance all rights of recourse against us or our suppliers (subcontractors) to which he would be entitled in accordance with Section 12 of the PHG. If the Customer passes on all or parts of our products, he shall be required to transfer this waiver in full to his customers, and to require them to transfer the waiver to all subsequent customers. This duty to transfer the waiver shall also apply if the Customer or another purchaser of our products uses them to manufacture other products and places those other products on the market. Agreements to transfer the waiver shall be designed in such a way that we and our suppliers (subcontractors) shall directly acquire the right to independently assert the waiver of the right to recourse against any person entitled to recourse under Section 12 of the PHG.
Data protection / Changes to personal details
9. Data protection / Changes to personal details
The Customer hereby expressly agrees that his personal details, particularly customer details, such as company, name, postal and email address and telephone number - which become known to us when we process the contract (including when we process the contract online) - may be used to process the contract and for advertising purposes, in accordance with current data protection regulations and the Austrian Telecommunications Act (TKG 2003) (for sending out advertising leaflets, datasheets etc. for our products by post or by email, for example). Further information about processing of data collected by us and about the Customer’s related data rights can be found on our website (www.plasticmetall.com) by clicking on the “Privacy notice” link.
Until the transaction has been fulfilled by both parties, the Customer shall notify us without delay of any changes to personal details or to the delivery/invoice/contact address that are required by us to process and fulfil the contract. If the Customer neglects to notify us of any change to this data, any communications sent by us shall be deemed to have been received even if they have been sent to his last known address.
Injection moulded parts, tools and additional costs
10. Injection moulded parts, tools and additional costs
Injection moulded parts shall only be manufactured for the Customer if the Customer has fulfilled his obligations with regard to payment and purchasing. The Customer shall pay an additional set fee for the manufacture/purchase/modification of tools required for the manufacture of injection moulded parts. We will not give discounts for this. The tools shall remain our property, and we shall be free to make use of them. The Customer shall have the opportunity to buy the tools for the purchase price, which we will provide on request. We shall not provide any guarantee for the quality of the tools. There will be an additional charge to the Customer for any tool repairs. These provisions shall also apply in full to custom-made adhesive products (such as die-cut and pre-cut parts, where tools are made or used in their manufacture).
11. Custom-made products
Custom-made products (adhesive products, injection-moulded parts, tools, etc., for example) that are made at the Customer’s request cannot be exchanged or replaced once they have been made. The Customer shall not have the right to withdraw from the contract if goods show signs of use or other damage after they have been made, even if they have been used as intended, and these goods shall be excluded from our warranty and liability. Products of this type will only be made after we have reconfirmed the order. Information provided in our data sheets are average values based on laboratory tests or information provided by our suppliers; we assume no responsibility for the completeness or accuracy of this information or for any defects that result from it. Otherwise, the provisions in Section 7 shall apply to warranties/compensation.
Industrial property rights
12. Industrial property rights
The Customer shall be responsible for ensuring that the custom-made products ordered are free from third-party property rights, and shall indemnify us against compensation claims and lawsuits with regard to all expenses, costs and other financial penalties in relation to third party claims, even if they are in dispute.
Place of fulfilment/Application of the law/Place of jurisdiction
13. Place of fulfilment/Application of the law/Place of jurisdiction
The place of fulfilment for our deliveries and services and for the Customer's obligation to pay shall be Vienna. The exclusive place of jurisdiction shall be the Court for Commercial Matters in Vienna. We shall, however, be entitled to pursue legal action against the Customer at his general place of jurisdiction, if we so choose. Austrian law shall apply, except where the requirements of private international law and the UN Sales Convention or any other bilateral agreements apply.
14. Final provision
If individual provisions of these terms and conditions should become invalid, the remaining provisions shall still be binding. If any individual provisions become invalid, this shall not affect the legal validity of the remaining provisions.