Imprint
Inkjet-Partner Handelsgesellschaft mbH
Ing. Mag.(FH) Zeljko Micakovic,
Managing Director
Registered address:
A-2544 Leobersdorf, Aumühlweg 17 - 19,
Halle 8E
Tel:+43/664 216 22 11,
Fax:+43/2256/20 222
Delivery address:
A-2351 Wr.Neudorf, IZ NÖ -Süd, Strasse 13, Objekt 46
Bank details:
Erste Bank AG BLZ: 20111,
Konto Nummer: 29021522800
BIC GIBAATWW,
IBAN AT702011129021522800
DVR: 3002133
UID. Nr.: ATU 64364048
Company Register Number: FN 314759 g
E-Mail:office@inkjet-partner.at
Web: www.inkjet-partner.at
ECG (E-Commerce Act) Authority: District Commission of Baden
Member of the Economic Chamber for Lower Austria
Trade Association:
General Regional Trade Association: License for mixed goods without allocation of a specific industry
Mechatronics engineer for electrical engineering and automation
Webdesign
24u – Nebosis & Reiss OEG, www.24u.at
Inkjet-Partner Handelsgesellschaft mbH is not official trade partner of companies Linx®, Domino® and Videojet®.
General Business Terms and Conditions of Inkjet-Partner Handelsgesellschaft mbH
1. General
1.1 The present General Business Terms and Conditions of Inkjet Partner Handelsgesellschaft mbH (Inkjet) apply to all purchase agreements and other legal transactions (including but not limited to service works, consulting services, proposals and other complementary services) with Inkjet customers (principal), even if not explicitly quoted in oral or telephone negotiations. Upon placing their order the principal acknowledges the General Business Terms. Conditions to the contrary issued by the principal, in particular purchase conditions of the party placing the order, which are not explicitly acknowledged by Inkjet in writing, shall neither fully nor partially become the subject of this contract.
1.2 Any business conditions and notes on purchase orders, forms, etc. by the principal are hereby explicitly objected to. To the extent that different business conditions of Inkjet and the principal are contradictory, the relevant statutory provisions shall apply.
1.3 Oral arrangements, representations, warranties and guarantees shall be confirmed by Inkjet in writing in order to become legally effective (letter, e-mail or telefax). An oral arrangement concerning a waiver of the written form shall be excluded and ineffective.
1.4 To the extent that provisions of the Consumer Protection Act (Federal Law Gazette no. 140/1979 as amended) apply and require a mandatory variation from the present General Business Terms, for instance with respect to distance selling contracts, the relevant statutory provisions shall apply.
2. Execution of the Contract and Pricing
2.1 Offers by Inkjet are made without engagement considering the quantity, quality, pricing as well as delivery dates and options and may be revoked by Inkjet anytime, before a written order confirmation has been received by the principal, unless Inkjet has demonstrated the acceptance of the offer by delivering the goods to the principal.
2.2 Inkjet reserves any proprietary rights and copyrights concerning images, drawings, calculations and other material. This shall also apply to any written documents that have been marked as confidential. The principal shall obtain the explicit consent by Inkjet in writing before disclosing such documents to third parties.
2.3 If nothing else has been agreed to the contrary, the usual business terms (e.g. FOB, CIF, CUF) as established by the International Chamber of Commerce, the so-called “INCOTERMS” shall apply as amended.
2.4 Prices shall be quoted in Euros, ex-works, excluding packaging, VAT and other taxes and charges. They shall not include transport or start-up costs which shall be agreed upon separately.
2.5 Concerning the execution of a continuing obligation, as provided for by this contract, any delay in payment by the principal (also resulting from other legal transactions with Inkjet) shall entitle Inkjet to terminate the contract immediately for good cause.
3. Payment
3.1 The registered office of Inkjet shall be the place of payment. For organisational reasons it may happen that invoices are issued by a company other than Inkjet.
3.2 If nothing to the contrary results from the order confirmation, the purchase price shall be paid net (without deductions) following the receipt of the invoice or an equivalent request for payment.
3.3 In the case of a (also faultless) delay in payment by the principal, Inkjet shall be entitled to charge interest on arrears of 8% p.a. above the base rate as published by the Austrian National Bank. Beginning with the first reminder Inkjet shall charge collection fees of EUR 25.00, in the case of a continuing delay also the costs of a collection agency or legal representation shall be charged. In addition, Inkjet may assign its claim against the principal, resulting from a contractual relationship, to a factoring bank any time, without notifying the principal explicitly about this circumstance.
3.4 If the principal is in arrears with the payment of any Inkjet invoice, any other possible invoices shall fall due immediately, notwithstanding their date of issuance. Incoming payments shall be set off against the longest outstanding claim, first against the costs, then against interest and compound interest and finally against the capital.
3.5 The principal shall not be entitled to rights of retention. Any setting off of claims against counter-claims shall be excluded; however this limitation shall not apply to any counter-claims acknowledged and/or determined by Inkjet as valid and due.
3.6 The principal shall be obliged to provide Inkjet their UID number upon placing their order. If the principal provides Inkjet with their UID only at a later date, Inkjet shall be entitled to charge a compensation for any administrative expenditure arising from this fact (cancellation and new issuance of invoices) from the principal, amounting to the lump sum of EUR 120.00.
4. Delivery, Packaging and Dispatch
4.1 The goods shall be dispatched freight and duty unpaid at the principal’s risk and expense. Route and means of transport shall be left to the discretion of Inkjet, if not agreed otherwise. Any delivery by Inkjet shall be invoiced separately, if not agreed otherwise.
4.2 Partial deliveries are allowed. Quantity variations of +/- 10% of the ordered quantity are reserved in the case of deliveries of easily volatile substances (e.g. inks/solvents). Delivery and other dates shall apply on condition that all details of the order have been fully clarified in time and shall refer to the time of dispatch ex works, and only in the case of a direct delivery by Inkjet to the time of handover to the principal.
4.3 Packaging shall be made in accordance with appropriate and commercially applicable guidelines at the buyer’s expense.
4.4 If a principal refuses acceptance of the goods, they shall be liable for all transport and warehousing costs, without prejudice to their payment obligation.
4.5 If Inkjet is prevented from the fulfilment of its obligation through the occurrence of unforeseeable events, which either concern Inkjet or its suppliers, e.g. war, internal disorder, natural disasters, strike, administrative measures, accidents, other disruptions of operations or delays in the supply of essential materials or pre-substances, the delivery date shall be extended by the duration of the impediment and a reasonable starting time. If the delivery becomes impossible due to the impediment, or the supplier withdraws due to an impediment, Inkjet may rescind the contract; the same right shall apply to the principal, if acceptance is no longer reasonable due to the impediment.
5. Transfer of Risk
5.1 The risk passes to the principal upon dispatch, or in the case of a direct delivery by Inkjet, upon handover of the goods. If the dispatch is delayed due to the order or fault of the principal, the goods shall be stored at the principal’s cost and risk from the time when they are ready for dispatch.
5.2 If the goods are insured by the principal, the risk shall pass to the principal from the time when the goods are ready for dispatch, however at the latest possible time upon the dispatch from the warehouse.
6. Reservation of Title
6.1 Inkjet shall retain title to the goods until all of Inkjet’s claims have been fulfilled by the principal. In the case of outstanding invoices such reservation of title shall be a security for any receivables by Inkjet.
6.2 The principal shall not be entitled to resell, assign as a security, or pledge any goods subject to a reservation of title by Inkjet. If third parties should execute attachment proceedings or otherwise seize any goods subject to a reservation of title by Inkjet, the principal shall notify Inkjet without delay and compensate Inkjet for any costs possibly arising in the context of enforcing such claims.
6.3 Any reservation of title by Inkjet shall remain effective even if the delivered goods are resold or processed; in this case it shall be agreed that Inkjet shall obtain a proportionate share of the title in the goods produced by such processing or manufacturing.
7. Warranty and Compensation
7.1 For originally packed, brand new, ex-works goods Inkjet shall warrant that the goods are appropriate and have the usual specifications. Special characteristics are only warranted in the case of a written agreement in this context. Any contents of brochures, advertising materials or the Inkjet website are without engagement. The principal must prove that a defect existed at the time of handover. All warranties shall be considered void if the goods have been improperly stored or handled.
7.2 Inkjet warrants the correctness of its services. Start-up and maintenance of equipment by Inkjet is exclusively executed by means of appropriate supplies. The principal shall forfeit their warranty claims should they use third party supplies /spare parts and/or execute maintenance works through third parties.
7.3 Inkjet shall not give any guarantee promises in the legal sense towards the principal. Any manufacturers' guarantees shall not be affected by this clause.
7.4 The warranty period shall be six months from the acceptance of delivery/service. The recourse claim pursuant to § 933b of the Austrian Civil Code shall be limited to six months following acceptance of delivery/service.
7.5 For fulfilling its warranty obligation Inkjet shall be free to improve defective goods or to have them improved, to replace them or to supply missing parts, to reduce the price against issue of a credit note or to take back the goods against reimbursement of the paid invoice amount and to rescind the contract.
7.6 Compensation claims in cases of slight negligence shall be excluded – with the exception of personal injury. Inkjet shall only be liable for lost profit in cases of severe negligence or intent. The existence of negligence or intent, independent of its intensity, must be evidenced by the principal.
7.7 Compensation claims by the principal due to a defect shall be limited to one year following dispatch, or in the case of a direct delivery by Inkjet, following handover of the goods, except in cases of bad faith.
8. Product Liability
8.1 The statutory provisions of the Austrian Product Liability Act (Federal Law Gazette no. 99/1988 as amended) shall remain unaffected.
8.2 In the case of third party claims against the principal, which are based on the Product Liability Act, the principal shall be obliged to inform Inkjet without delay and provide Inkjet with any information and documents concerning the claim in question. If the principal fails to comply with the relevant statutory obligations, in particular the timely identification of Inkjet as the previous supplier, they shall not be entitled to a recourse claim against Inkjet.
10. Place of Performance, Legal Venue, Applicable Law
9.1 Place of performance is the registered office of Inkjet.
9.2 As legal venue the competent court of Vienna Inner City shall have exclusive jurisdiction.
9.3 Any contractual relationships between the principal and Inkjet shall be exclusively governed by the laws of the Republic of Austria with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) as well as any conflict of law rules, references or provisions.
9.4 Any organisational modifications or amendments of the legal form of the company, as well as any name changes or the relocation of the registered office and/or business address of Inkjet or the principal shall not affect the validity of contracts concluded by and between them. All arrangements made shall also apply to or on account of any legal successors of the contracting parties. The contracting parties shall be obliged to transfer any obligations arising from the executed agreement to their legal successors with the duty to pass them on to their respective successors.