Offers, prices and terms of payment
4.1. All and any offers, quotes and cost estimates by Albert Bösch are non-binding and sub-ject to confirmation, particularly regarding terms of delivery and prices. Documents, pro-posals, etc. remain the intellectual property of Albert Bösch and the business partner shall not be entitled to reproduce them and to make them accessible to third parties, unless otherwise explicitly provided for in writing.
4.2. The prices mentioned in the confirmation of order shall be applicable.
4.3. The prices shall be understood ex work and/or ex warehouse without any deductions and - unless otherwise provided for in writing - they shall be understood net, i.e. exclusive of the statutory value-added tax and of other taxes as well as exclusive of any charges to be settled by the customer for handling and for shipment. All expenses incurred for shipment inclusive of any possible import or export duties shall be borne by the contractual partner. Presently the following shipping costs are applicable:
Please check our terms and conditions to figure out the range of shipping opportunities and prices applicable.
In the Online store hedee-europe.jimdo.com the prices shall be understood brut, i.e. inclusive of the statutory value-added tax and of other taxes as well as inclusive of any charges for handling and for shipment.
4.4. In the event of an increase of manufacturing costs incurred between the time of the confirmation of order and the delivery, Albert Bösch shall be entitled to adjust the prices appropriately provided this increase was due to circumstances beyond the control of Albert Bösch (e.g. costs of material, tax increase, etc.). Any eventual changes shall be notified without delay to the contractual partner.
4.5. Albert Bösch shall be entitled to request advance payments on the purchase price and/or securities for the payment of the purchase price without stating any reasons there-fore.
If such advance payments are not effected and/or securities not provided, Albert Bösch shall be entitled to rescind the contract and to request compensation for any eventual damage of any kind whatsoever, that might have occurred to him due to the rescission of the contract. In the case of business transactions with consumers as defined by the Con-sumer Protection Act, this provision shall only be applicable if this has been previously ex-plicitly agreed upon.
4.6. The prices mentioned in catalogues, brochures, price lists, etc, shall always be subject to confirmation - unless it has been explicitly agreed otherwise in individual cases. Prices are non-binding for any eventual add-on orders.
4.7. Unless explicitly otherwise agreed upon, invoices shall be payable without any deduc-tions whatsoever within 30 days after the date of invoice. The observance of the term of payment is an essential condition for the fulfillment of the contract.
4.8. In case of late payment, default interest of 10% p.a. shall become due. Moreover, the contractual partner shall compensate to Albert Bösch the reminder fees and all and any necessary and appropriate expenses accruing through or related with the assertion of his claim by a solicitor or a court.
4.9. Incoming payments will first be set off against dunning/recovery expenses, and then against incurred interest and finally against the earliest claim outstanding. This shall be ap-plicable irrespective of a possible payment reference made by the contractual partner.
4.10. The contractual partner shall not be entitled to withhold any payments or set off his payments against counterclaims for any reasons whatsoever, unless these counterclaims have explicitly been recognized or judicially determined.
Fulfillment of contract and shipment
5.1. All deliveries are made ex work and/or warehouse unless another form of shipment has been agreed upon. The goods are shipped in any case at the risk of the contractual partner. All possible duties, import or export duties, etc. shall be borne by the contractual partner.
5.2. Place of fulfillment shall be A-6890 Lustenau and/or the place of the warehouse.
5.3. Albert Bösch pays effort on executing accepted orders as quickly as possible. Terms of delivery - unless otherwise agreed upon in writing - shall be non-binding. As the agreed delivery terms are dependent on the situation at the time of order placing and the requisi-tions of normal material acquisition and manufacturing capabilities, the proposed terms shall be redefined in case of events of any kind whatsoever that might lead to a delay in delivery. Albert Bösch will notify the customer about modified terms of delivery as quickly as possible.
5.4. The delivery commitment of Albert Bösch shall be suspended as long as the business partner is in default of payment of outstanding debts, as well as of other liabilities and debts towards Albert Bösch.
5.5. Delivery ex work shall be deemed effected as soon as the readiness for delivery is noti-fied to the customer. In case another form of delivery has explicitly been agreed upon, de-livery shall be deemed executed as soon as the goods are unloaded in the stipulated place of delivery (ramp). The business partner must take care for a proper reception of the goods. In case the goods are not accepted by the business partner or if the performance is delayed or impaired by other reasons under the control of the business partner, Albert Bösch shall be entitled to store the goods at the expense of the business partner and to rescind the contract regarding the relevant delivery after an appropriate term. The business partner must compensate all and any damage incurred to Albert Bösch thereby. The busi-ness partner shall completely indemnify Albert Bösch and hold him harmless in respect of legal proceedings and claims.
5.6. Slight delays in observing the time-limit for deliveries shall be admissible without the business partner being allowed to assert any claims of any kind whatsoever. The assertion of possible rights in case of late delivery shall only be admissible after the granting or an appropriate period of grace.
5.7. Albert Bösch will only be able to observe the agreed days of performance if the busi-ness partner will hand over to him in due time the complete documents and information required for the manufacturing of the goods. This also applies to documents and infor-mation that will only be requested by Albert Bösch after the acceptance of the order. De-layed delivery and increase of costs that might occur due to incorrect, incomplete or subse-quently modified information or documents produced by the business partner, will not be borne by Albert Bösch and will not justify a delay in delivery or in performance by Albert Bösch. Hence resulting additional costs shall be borne by the customer.
If the customer falls behind with his duty to cooperate, Albert Bösch shall be entitled to rescind the contract after a period of grace of 14 days. The customer must indemnify Albert Bösch for the full resulting damage.
5.8. Albert Bösch shall be entitled to effect partial deliveries.
5.9. Business partners, who are not consumers as defined by the Consumer Protection Act, must verify the deliveries from Albert Bösch immediately as to their completeness and de-fectiveness. A notice about any possible defects must be made immediately in writing.
Tolls, taxes, and other fees not indicated in the total price may apply to international shipments.