The following terms and conditions of sale and delivery shall apply to all offers made and orders accepted by the company Schwertner & Cie Nfg GmbH & Co KG, Georgigasse 28, 8026 Graz (hereinafter to be equated with "we"). Any provisions deviating from the above require our express written confirmation.
PRICING: All prices quoted in our offers are based on the current cost situation. Quotations are only binding if the order is placed within 3 months, except in the case of fluctuations in the price of precious metals and fluctuations in the daily exchange rate between EUR vs. USD.
CONFIRMATION OF ORDER: We confirm your orders in writing. Please check the details very carefully, which are also the starting point for production. Please also note that we can only produce on time if we receive the final artwork in time.
DRAWINGS: Graphic designs created by us are our intellectual property and may under no circumstances be passed on without our written permission. Designs with concurrent order are free of charge if agreed in advance. We must charge for designs without an accompanying order. With your order, you agree that we may illustrate products created for you on our website or in our brochure, at our discretion.
PRODUCER ID: On the back of our metal products there is a very small producer ID ( URL ). This is required by public authorities and is engraved in our back stamping tools.
CAREFULNESS: We process your orders with correspondingly high esteem and therefore very carefully. Our contractual and non-contractual liability is limited to intent and gross negligence. Liability according to the product liability law remains unaffected.
CANCELLATION: If an order placed is cancelled by you, all costs incurred up to that point will be invoiced.
TOOLS: Tools, cutting dies, printing blocks produced by us remain in stock for you in our company and can generally not be returned. After a period of 3 years without order, these tools will be disposed.
QUANTITY DEVIATIONS: Deviations of up to +/- 10 % of the ordered quantity are due to technical production reasons and cannot be avoided. We therefore reserve the right to over- or under-deliver within these limits at an appropriate charge.
COLOR DEVIATIONS: Metal and plastic articles produced by us are manufactured in high technical standard as well as in conscientious work performance. Basically, however, it is so that a certain color deviation compared to templates, utility samples or definitions such as RAL or Pantone can occur and this possible deviation is not avoidable as - for example effects by back reflection of a cold enamel coating.
DELIVERY CONDITIONS: For new customers, for first orders with an order volume of more than € 1000, the production will be started only after payment security, advance payment or bank guarantee.
DELIVERY TIME: We always strive to meet agreed deadlines, but we ask for your understanding if the delivery time is delayed for the duration of the hindrance due to unforeseen events. Force majeure (environmental influences, machine breakdowns, work stoppages) entitle us in individual cases to extend the delivery time. You agree that we - if necessary - can also carry out partial deliveries With the timely handover to the transport company (post, forwarding, rail), the order is delivered on time.
CALL-OUT ORDERS: Blanket orders that have not been called off by the customer within the agreed period of time will automatically be brought to delivery and invoiced after the deadline has expired.
SHIPPING AND RISK TRANSFER: For each delivery, shipping is at the expense and risk of the recipient or customer. Our responsibility ends with the handing over of the goods to the carrier (forwarding agent, railroad, post).
PROPERTY RESERVATION: The delivered goods remain our property until full payment. In the event of resale, the customer assigns to us his claim against third party customers up to the amount of our outstanding invoices on account of payment. Should third parties seek or establish rights to the goods subject to retention of title, the buyer is obliged to inform his customer of the retention of title established in our favor.
INVOICE ISSUANCE: Invoices are automatically issued to the address of the purchaser, unless a different invoice address was agreed upon when the order was placed. Subsequent change of the invoice address is possible only in exceptional cases, within 14 days from the initial date of issue. Below a net value of goods of € 50, - we offer for economic reasons, no purchase on account with payment term. In these cases, we offer as payment options cash on collection, prepayment or cash on delivery (only domestic).
E INVOICES: If you need an e-invoice, this must be stated immediately when ordering. In the process, please include the "Vendor Number" and the "Purchasing Group" or "Purchase Order Number" with each order. E-invoices represent an additional expense and are issued for economic reasons only from a net value of goods of € 100, -. For invoices below this value, we offer cash on collection, prepayment or cash on delivery (domestic only) as payment options.
PAYMENT: The conditions stated in our offers apply. As long as old invoices are still open, a discount deduction is inadmissible. In the event of late payment, interest of 1% per month will be charged. Offsetting with disputed counterclaims is not permitted. Advance payment, cash payment or cash on delivery (only domestic) reserved.
WARRANTY: The customer has to check the delivered goods after receipt for completeness, freedom from defects and especially for transport damages, immediately, but at least within 8 days. Any defects must be notified to us in writing by e-mail to firstname.lastname@example.org. There is no warranty for damage caused by improper use and handling or by extraordinary wear and tear. This also applies to ordinary wear and tear. The warranty period is two years for customers, in the sense of § 1 KSchG (consumer) and one year for customers (entrepreneurs) in the sense of § 1 UGB. In the event of a warranty claim, we may, regardless of the nature and extent of the defect, determine the type of warranty, preferably improvement or replacement. Provided that one of these possibilities can be carried out, a price reduction or a conversion is excluded.
LIABILITY: The customer is personally liable for the payment of the invoice amount, even if he has placed the order in the name of an association, a company or any other corporate body.
DATA PROTECTION: You agree that your personal data will be stored by us and processed exclusively for the processing of your orders and for information (information letter) for you. This data will only be used to process your orders and to inform you about our products. Data will not be passed on to third parties (except for transport companies, tax consultants).
PLACE OF PAYMENT: Our invoices are payable and actionable in Graz. Austrian law is applicable. Should individual provisions become invalid, they shall be replaced by those whose effects come closest to them; the remaining provisions shall remain unaffected in any case.
Graz, September 2021