General terms and conditions of delivery and payment
- Validity of terms and conditions
Deliveries are carried out – regardless of the order value – exclusively according to the following delivery conditions of Defko Kft. Terms and conditions of purchase or other terms and conditions of the customer shall only apply if they have been accepted in writing by Defko Kft. and acknowledged.
Deliveries are made without engagement after consultation with the customer. Delivery dates stated by Defko Kft. are subject to the feasibility of delivery. Defko Kft. reserves the right to make partial deliveries at its discretion.
If a delivery period has been agreed, this shall be extended appropriately in the event of force majeure or the occurrence of other unforeseen events not caused by Defko Kft. The same shall apply in the event of measures pertaining to industrial disputes, in particular strikes and lockouts. For return shipments, please provide us with the invoice number. Merchandise credits are not paid out in cash.
- Transfer of risk
The risk of the delivery is transferred to the customer with the dispatch of the goods at Defko Kft. or the respective distribution warehouse. This also applies to partial deliveries.
- Payment terms
Invoices of Defko Kft. are payable in euros, free paying office of Defko Kft., within 10 days of the invoice date with 3% discount or within 30 days of the invoice date net without deduction, unless otherwise agreed. No discount will be granted for cash on delivery shipments. Please quote the invoice number when making the transfer. In the event of default in payment, the customary bank interest on arrears as well as all reminder and collection charges shall be reimbursed. Defko Kft. reserves the right to set off any outstanding claims against outstanding liabilities. These regulations also apply to partial deliveries.
- Warranty and notice of defects
5.1 Defko Kft. provides a warranty for defects, incorrect deliveries and quantity deviations only in accordance with the following regulations, but only up to the amount of the delivery value of the goods subject to the complaint. Any further warranty is excluded.
5.2 Defko Kft. shall be liable for defects only insofar as these are not due to the conduct of the client or a third party not commissioned by Defko Kft. This applies in particular to cases of faulty handling, faulty installation etc.
5.3 The customer shall examine the goods delivered by Defko Kft. immediately after delivery to the customer. Defko Kft. must be notified in writing of obvious defects and deviations in quantity within a preclusive period of 10 days after delivery, stating the type and extent of the possible defect. The same applies to hidden defects after their discovery. In the event that notices of defects are made late, Defko Kft. shall be released from the obligation of warranty.
5.4 Defko Kft. shall, at its own discretion, provide replacement or rectification for incorrect or defective deliveries. If the replacement delivery or rectification finally fails, the customer may demand a reduction in price or cancellation of the contract at their discretion.
5.5 The liability of Defko Kft. is limited to the costs of replacement delivery or rectification. Defko Kft. shall only pay compensation for consequential damages in the event of fraudulent concealment of a defect, as well as in the event of the absence of a warranted characteristic, insofar as the purpose of the warranty is to protect the customer against damages that have not occurred to the delivery item itself.
- Other liability
6.1 Otherwise Defko Kft. is only liable for intent or gross negligence on the part of the owner or executive employees. Defko Kft. shall only be liable for the conduct of vicarious agents in the event of gross negligence, insofar as a breach of primary obligations is concerned.
6.2 Insofar as Defko Kft. is liable on the basis of other mandatory statutory provisions, these shall remain unaffected by the above provision.
- Retention of title
7.1 Defko Kft. retains the ownership of all delivered parts until all claims, including ancillary claims, against the customer arising from the business relationship with Defko Kft. have been settled in full, including claims arising in the future. The processing or transformation of the delivered objects by the customer is always carried out for Defko Kft.
7.2 The customer is entitled to resell the items delivered under retention of title by Defko Kft. in the ordinary course of business. They already now assign to Defko Kft. all claims accrued from the resale against their customer or against third parties. This shall apply irrespective of whether the reserved goods are resold without or after processing or transformation. The customer remains authorised to collect the claims assigned to Defko Kft. until revoked by Defko Kft. Defko Kft. undertakes not to collect the claims as long as the customer duly fulfils their payment obligations. Furthermore, the customer is not entitled to pledge, assign as security or otherwise dispose of the items delivered under retention of title.
7.3 Defko Kft. undertakes to release the securities to which it is entitled at the request of the customer, insofar as their value exceeds the total claim of Defko Kft. against the customer to be secured by 20%.
7.4 The taking back of the goods subject to retention of title or a seizure of these goods by Defko Kft. shall not be considered as a withdrawal from the contract.
- Offsetting and rights of retention
The customer is entitled to set off only such claims that are acknowledged by Defko Kft. or have been legally established. The same applies to the exercising of rights to refuse performance and rights of retention with regard to the respective underlying claim of the customer.
- Contract amendments
Contractual supplements, amendments or verbal subsidiary agreements require the written confirmation of Defko Kft. to become effective.
- Other provisions
10.1 The deliveries and services of Defko Kft. shall be governed exclusively by Austrian law to the exclusion of the UN Convention on the International Sale of Goods.
10.2 The place of jurisdiction and performance is Wr. Neustadt, Defko Kft. reserves the right, at its own discretion, to take legal action against the customer at its general place of jurisdiction. This shall also apply if the law provides for an exclusive place of jurisdiction, in particular also for claims based on bills of exchange and cheques.
10.3 Should one or more of the above clauses be or become invalid, the validity of the remaining clauses shall remain unaffected.
10.4 As part of business relations, data about customers and suppliers is stored and processed.
- Special agreements
11.1 Special agreements with customers and Defko Kft. in any form whatsoever are only valid after a joint written agreement.
11.2 Verbal agreements have no validity whatsoever.