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Anton Paar Webshop - Delivery Terms

Version: 30 January 2017

 

Anton Paar GmbH, Anton-Paar-Str. 20, A-8054 Graz, Austria

E-mail: shop@anton-paar.com

 

1. Scope

These general terms and conditions of delivery (Webshop Delivery Terms) apply to all purchases made on the Anton Paar webshop. These Webshop Delivery Terms are an integral part of the Webshop Terms which must be read together. Definitions contained in the Webshop Terms also apply to these Webshop Delivery Terms. Please check for an updated version of these Webshop Delivery Terms, our Webshop Terms and the Terms of Use (together: this Agreement) each time you make or intend to make a purchase on our webshop. 

 

2. Description of goods

2.1 For information on the goods you intend to purchase, please refer to the particulars provided on our webshop. Other descriptions or statements (whether they are made in writing or verbally, and whether they are contained in brochures, catalogues, or elsewhere) are only be binding if we expressly state so in writing.

 

3. Prices

3.1 Prices quoted on our webshop cannot be combined with offers or discounts. Unless otherwise stated herein or on our webshop, our prices are quoted ex works (Graz, Austria) (Incoterms® 2010), without any duties, value added taxes or other taxes. Final prices depend (amongst others) on the actual shipment terms (Incoterms) available and chosen by you. (For the options available to you and any additional charges, see clause 4 below.)

3.2 Whilst we may arrange for transport insurance, we will not be responsible for any loss or damage to the products occurring during delivery.

3.3 The taking back of products or their safe recycling or disposal is not included in our webshop prices. You agree to arrange for the safe recycling or disposal at your cost and expense in accordance with the applicable laws of the country where the products are to be recycled or disposed of.

 

4. Shipping / Incoterms® 2010

4.1 Shipments within the EEA. For all shipments within the European Economic Area (EEA), we will ship based on Incoterm 2010 CIP, in which case we will take care of shipping, handling, packaging and insurance.

4.2 Shipments outside the EEA. For all shipments to countries outside of the European Economic Area (EEA), we will ship based on Incoterm 2010 DDP delivery, in which case we will take care of shipping, handling, packaging and all those duties and taxes which are displayed during checkout. 

 

5. Dispatch

5.1 We will arrange for dispatch of the items you have ordered within 7 days from our purchase order confirmation. We may dispatch items you have ordered in one or more parcel(s).

5.2 Depending on the country of destination, typical delivery times are between 1 to 10 days from dispatch. We will inform you about the dispatch and the estimated delivery date of the item(s) by e-mail.

5.3 Delivery does not include unloading or subsequent handling. We will only take back packaging materials if we have expressly agreed on this.

 

6. Licenses

By making an online purchase order, you confirm that you are authorised to purchase and use the item(s) in and have them delivered to your home country and that you have any and all national and international certificates, licences, permits, and/ or approvals which may be required from authorities or any third parties for these purposes.

 

7. Force majeure

Unforeseeable circumstances or circumstances beyond either party’s control, such as all cases of force majeure, may have a direct or indirect impact on delivery times. If this is the case, the delivery period shall be extended for the duration of such unforeseeable circumstances. These circumstances include for example, earthquakes, floods, fire, storm, natural disaster, armed conflicts, embargoes and official interventions and prohibitions, delays in transport or customs clearance, damages in transit, energy shortage and raw material scarcity, labour disputes, default in performance by a major component supplier who is difficult to replace and any similar unforeseen event that renders performance commercially implausible.

 

8. Passage of risk and Place of performance

Enjoyment and risk shall pass to you at the time of departure of the goods from our works or warehouse in Graz, Austria.

 

9. Payment

9.1 Payment shall be made without any discount free our domicile (Graz, Austria) in the agreed currency, being EURO, USD, or CHF based on your shipping location.

9.2 You are not entitled to withhold or offset payment on the grounds of any warranty claims or other counterclaims.

9.3 Payment shall be deemed to have been effected on the date at which the amount in question is at our disposal.

 

10. Warranty and acceptance of obligation to repair

10.1 Scope of warranty. We will, subject to the conditions hereunder, remedy any defect existing at the time of acceptance of the item in question due to faulty design, faulty material or faulty manufacture, which impairs the functioning of the item. No warranty obligations may be deduced from particulars appearing in catalogues, folders, promotional literature or any written or oral statements if they have not been included in the Agreement.

10.2 Warranty period. The warranty period for our goods (and to the extent applicable, services) shall be 12 months even if the goods supplied are subsequently firmly attached to buildings or to the ground. The warranty period begins at the time of departure of the goods from our works or warehouse in Graz, Austria.

10.3 Notice by you. The foregoing warranty obligations are conditional upon your duly notifying us in writing of any defect together with a sufficient description and proof of the defect, within the following periods:

(a) if a defect is apparent from first inspection, you must notify us of the defect within 48 hours upon your having received the respective item;

(b) if a defect is not apparent from first inspection, you must notify us of the defect immediately upon your discovery of the defect and within the warranty period set out in sub-clause 10.2

10.4 Warranty performance. In case of a defect covered by the present warranty (and subject to your timely notice to us under clause 10.3) we have the option in our sole discretion to (i) replace the defective item or defective part thereof or (ii) to repair them on your premises or have them returned for repair, or (iii) to grant a fair and reasonable price reduction. We are only ever required to perform our warranty obligations at our place of business at Graz, Austria. However, where we are able to do so, we may, in our sole discretion, perform or have performed our warranty obligations at or near your place, either by ourselves or by a party nominated by us. We will let you know after we have received your notice under clause 10.3 if we can offer you this option. If we have our warranty obligations performed by a nominated party, their performance of warranty obligations is subject to the present terms and conditions.

10.5 Costs etc. not covered by our warranty. Any expenses incurred in connection with rectifying defects (e.g. expenses for assembly and disassembly, transport, waste disposal, accommodation, travel and travel time) shall be borne by you. For warranty work on your premises you shall make available free of charge any assistance, hoisting gear, scaffolding and sundry supplies and incidentals that may be required. Replaced parts become our property.

10.6 Defects not covered by our warranty. Our warranty obligation does not extend to any defects due to assembly and installation work not undertaken by us, inadequate equipment, or due to non-compliance with installation requirements and operating conditions, overloading of parts in excess of the design values stipulated by us, negligent or faulty handling or the use of inappropriate materials, nor to defects attributable to material supplied by you. We shall also not be liable for any damages due to acts of third parties or atmospheric discharges, excess voltage or chemical influences. The warranty does not cover the replacement of parts subject to natural wear and tear. We do not accept any warranty for the sale of used goods. The warranty shall lapse immediately if, without our written consent, you or a third party not expressly authorised by us, undertakes modifications or repairs on any item delivered.

10.7 Redress etc. The warranty provided hereunder is provided in lieu of any statutory warranty. Any claims of redress against us arising out of or relating to your own warranty (or similar) obligations from resale or any similar transactions, are expressly limited by the warranty limitations set out herein. If we are for any other reason legally obliged to perform warranty obligations, these obligations, the limitations and conditions set out in this Agreement shall apply to the fullest extent permitted by law.

 

11. Withdrawal from contract

11.1 You may withdraw from the contract only in the event of delays caused by gross negligence on our part and only after a reasonable period of grace has elapsed. Withdrawal from contract shall be notified in writing by registered mail.

11.2 Without prejudice to our other rights, we shall be entitled to withdraw from the contract:

(a) if for reasons which are within your responsibility, the delivery or the inception or continuation of  services to be rendered under the contract is made impossible or is delayed beyond a reasonable period of grace allowed;

(b) if delivery is or becomes unlawful (unlawfulness may include, for example any embargo, sanction or other international requirement related to foreign trade or customs);

(c) if, for any reason mentioned in clause 7, the period allowed for delivery is extended by 6 months or more.

11.3 For the reasons given above withdrawal from the contract shall also be possible in respect of any outstanding part of the delivery or service contracted for.

11.4 If insolvency proceedings are instituted against any contracting party or an application for insolvency proceedings against that party is not granted for insufficiency of assets, the other party may withdraw from the contract without allowing a period of grace.

11.5 Withdrawal from contract shall have no consequences other than those stipulated above.

 

12. Disposal of waste electrical and electronic equipment

If and to the extent you purchase electrical and/or electronic equipment from us, you agree:

(a) to be responsible for and bear the costs for the lawful collection and treatment of waste electrical and electronic equipment in accordance with the applicable law on waste electrical equipment if you are the end user of the electrical/electronic equipment; and

(b) to contractually transfer the legal and financial responsibility for the lawful collection and treatment of waste electrical and electronic equipment to your own customer and to furnish us with documentary evidence thereof if you are not the end user and you are a buyer located in Austria; and

(c) to provide us with all information necessary to meet our statutory obligations as manufacturer/ importer under the Ordinance Regulating the Handling of Waste Electrical Equipment (Elektroaltgeräteverordnung) and the Waste Management Act (Abfallwirtschaftsgesetz) if you are a buyer located in Austria; and

(d) to bear the burden of proof of having complied with your obligations under this clause 12 and to indemnify us for any damage and/or other financial disadvantage incurred by us if you should breach your obligations hereunder.


13. Compliance with laws

You agree to comply with all national and international laws that may apply to the purchase contract, including, but not limited to, all applicable national and international (re-) export control regulations.

 

14. Our liability

Outside the scope of mandatorily applying product liability legislation, we shall be liable only for damages which are proven to be due to intentional acts or acts of gross negligence on our part.  Where product liability legislation mandatorily applies, our liability is limited to the fullest extent permitted by such legislation. We shall under no circumstances be liable for indirect, special or consequential loss or damage, nor for economic loss or damage, nor for loss of earnings, loss of data,  loss of savings, loss of interest or loss of anticipated profit, revenue, savings or business, or damage to goodwill, nor for damages or losses incurred by third parties, or damages resulting from third-party claims against you.

 

15. Assertion of Claims

All claims to which you are entitled must be referred to arbitration (see clause 20.2) within three years from passage of risk as specified under paragraph 8, unless shorter limits of time are set out herein or prescribed by law; otherwise claims shall become forfeited. 

 

16. Industrial property rights and copyrights

Technical specifications as well as samples, catalogues, prospectuses, pictures, and all intellectual property rights (such as copyright, database rights, topography rights, design rights, trade marks, patents, domain names (whether or not registered)) subsisting anywhere in the world in or associated with the products we sell  remain our (or our licensor’s) property and are subject to the relevant statutory provisions governing reproduction, imitation, competition etc.

 

17. Third party rights

A person who is not party to this Agreement shall not obtain any rights under this Agreement. Liability limitation(s) contained in clauses 13.1 and the time limit for the assertion of claims also applies for the benefit of our employees, officers, agents, subcontractors and suppliers.

 

18. Assignment

You must not without our prior written consent assign, transfer or charge rights or any part of them under this Agreement or subcontract any or all of your obligations under this Agreement.

 

19. Miscellaneous

19.1 Should individual provisions (or parts thereof) of this Agreement be invalid, unenforceable, the other provisions shall remain in force. The invalid, unenforceable or illegal provision (or part thereof) shall be replaced by a valid, enforceable and legal provision with whatever modification is necessary to give effect to the commercial intention of the replaced provision (or part thereof).

19.2 A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force in Austria from time to time taking into account any subordinate legislation for the time being in force made under it.

 

20. Applicable law and jurisdiction

20.1. This Agreement, the use of this website and any order or purchase made through this webshop are governed by Austrian law, without its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 All disputes arising out of or in connection with the present Agreement, your visit to our website or webshop or any item purchased by you through our webshop, shall be subject to the exclusive jurisdiction of the competent courts of Graz, Austria.