General Terms and Conditions of Purchase
Glas Marte GmbH
1. Conditions Applicable to the Order / Contract
a. The legal relationship between us (hereinafter also referred to as “Glas Marte”) on the one hand and the contractor or seller (hereinafter referred to as seller) on the other hand are exclusively based on these General Terms and Conditions of Purchase. Agreements that deviate from our General Conditions of Purchase, in particular other terms and conditions of the seller are only effective with our express written confirmation. This also particularly applies, if other terms and conditions are attached to the offer or an order confirmation by the seller or mentioned therein. Insofar as these General Conditions of Purchase do not contain any special provisions, the statutory provisions shall apply. In any case, upon acceptance and / or execution of the order, the seller submits to our general order terms.
b. Offers of the seller are binding. If no other written agreement has been made, offers are binding for a period of 1 year.
c. The contract is concluded by acceptance / confirmation or execution of the order sent by us. Forwarding can be done by fax, email or by letter.
d. Fulfillment of the services owed to us through third parties without our prior written consent is excluded.
e. Glas Marte is entitled to cancel the order free of charge if the order is not confirmed without any changes within 1 week of receipt.
f. Order confirmations that deviate from our orders are not accepted by Glas Marte and are ineffective.
g. If the seller does not deliver or render on time, Glas Marte shall be entitled to demand compensation from the seller for the necessary expenses and additional costs of replacement.
a. The agreed delivery dates are fixed dates and must be strictly adhered to. Extension periods can not be granted. The continued existence of our interest in the receipt of the goods is bound to the observance of the delivery dates. If the delivery dates are not met, Glas Marte has the right to withdraw from the contract without granting a grace period.
b. All deliveries are made free of charge to Bregenz. Transport costs, tolls and other costs incurred in connection with the transport are at the expense of the seller.
c. As soon as the seller has to expect to be unable to meet agreed delivery dates, they must inform us in writing without delay, stating the reasons and the expected duration of the delay.
d. The seller is responsible for damage during transport. This does not apply if the goods are picked up by Glas Marte with their own vehicles – provided that the packaging of the goods is carried out appropriately and is suitable for transport.
e. Glas Marte assumes no responsibility or liability for reusable packaging, transport racks, packaging containers and the like supplied by the seller.
f. Each delivery must be accompanied by a delivery note stating the order number of Glas Marte and a description of the contents by type and quantity.
3. Products Subject to Export Authorization / Customs / Import Regulations
a. If the goods on offer, by virtue of their origin or their nature, have customs-relevant effects on re-exports from the EU, this must be explicitly stated in the offer. Otherwise, the seller shall be liable for all additional costs incurred in the course of delivery to Glas Marte and for resale or delivery (also as a component of produced or mixed products) to non-Austrian foreign countries.
b. The seller shall send an unsolicited long-term supplier’s declaration to Glas Marte. We assume that the deliveries are goods for preferential (re) export. If this is not the case, the seller is required to inform Glas Marte before accepting the order.
c. The buyer has a right of withdrawal if there are disadvantages due to missing information about the origin of the goods.
4. Guarantee, Warranty and Defects of the Goods
a. The seller guarantees that the goods delivered by them comply with the Austrian and European legal regulations and relevant standards as well as the state of the art in terms of quality and execution.
b. If the order is based on a sample supplied to us by the seller and accepted by us, the seller must provide all deliveries (including partial deliveries and subsequent deliveries as agreed) in a quality and design that corresponds to the sample. The delivery then comes with the express guarantee that all deliveries, partial deliveries and subsequent deliveries have the characteristics of the sample.
c. The seller guarantees that the goods are free of third party rights.
d. The goods are accepted by Glas Marte with reservation. Upon arrival, the goods are only checked for the external integrity of the shipping packaging. Defects and deviations will be reported to the seller after detection. In particular, for goods that are usually left in the packaging until they are used, defects that become visible only when they are removed from the packaging or their processing are regarded as hidden defects. Glas Marte can demand the revocation of the order and rescission without notice. If this is not the case, the seller has to provide for a possible replacement or repair of the defects as quickly as possible. Expenses incurred for the purpose of supplementary performance, in particular transport, travel, labor and material costs, shall be borne by the seller.
e. Upon completion of the corrective action, the warranty and guarantee period starts anew.
f. It is noted that the seller is also liable for damages related to the recall, removal, remodeling of defective goods, as well as for damages incurred through the use of defective goods by customers of Glas Marte.
g. The seller is obliged to announce in writing all conceivable restrictions that may lead to defects in the application of the goods delivered by them. This must be done at the latest at the time of placing the order. In this case, Glas Marte has the right to withdraw from the contract without notice.
h. In urgent cases or if the seller does not fulfill their warranty obligations after request and appointment of a deadline, we are entitled, at the expense of the seller, to replace or repair defective parts or to remedy damages incurred at the expense of the seller.
i. The seller is liable for all direct and indirect damage to their own as well as other objects, services or persons caused by the seller, even if this damage is caused by third parties acting on their behalf.
j. The warranty period is generally 3 ½ years.
k. By way of derogation from § 933 ABGB it is agreed that the assertion of the warranty for the preservation of the warranty period can be made not only in court, but also in writing.
l. If Glas Marte provides the seller with products for the performance of the service, the seller is responsible for these products in the same way as for his own products used. The provided products become the responsibility of the seller at the time of delivery by Glas Marte. The ownership of the provided products remains with Glas Marte at all times. The provided products may not be accessible to third parties.
m. Returns of goods are at the expense and risk of the seller.
5. Production Tools and Molds
a. Manufacturing tools and molds, which are required solely for the purpose of fulfilling an order for Glas Marte, may only be used for the manufacture of Glas Marte parts. The tools and molds must be marked “EIGENTÜMER: FA. GLAS MARTE BREGENZ” (“OWNER: GLAS MARTE BREGENZ”) in the languages GER / language of the country. Glas Marte is the owner of the tools and molds. Tools and molds are to be handed over to Glas Marte upon request. The seller is obliged to maintain the tools and molds indefinitely and to store them safely. In case of abuse, the seller is liable for damages.
6. Documents / Technical Property Glas Marte
a. Technical drawings and documents handed over (samples, plans and the like), e.g. for the manufacture of tools and molds, are subject to secrecy and may not be disclosed to third parties or used for third parties without express written consent. The seller may not make any changes to Glas Marte’ drawings without the express written consent of Glas Marte.
b. Factory certifications are included in the delivery and are to be kept evident by the seller for a period of 10 years. The factory certifications shall be transmitted upon request.
7. Legal Consequences and Breaches of Duty
a. In the event of non-observance of fixed dates and / or guarantees, Glas Marte may withdraw from the contract or order without notice. The damage caused by non-adherence to the fixed date and / or guarantees must be compensated by the seller. This applies regardless of whether the seller is responsible for non-compliance with fixed dates and / or guarantees. Furthermore, this also applies to the case of partial deliveries and subsequent deliveries.
8. Retention of Title and Assignment Prohibition
a. Any reservation of title towards us is excluded.
b. An assignment of claims of the seller against Glas Marte to third parties is excluded without our written consent.
a. The terms of payment, which are specified in a request by Glas Marte, are binding. This shall also apply in particular if different terms and conditions are attached to the offer or an order confirmation by the seller or mentioned therein.
b. Insofar as no higher discount or longer discount period is agreed upon, 3% of each invoice amount will be deducted after receipt of the invoice for payment within 30 days.
c. The invoice must be issued in duplicate with the order number of Glas Marte. The invoice must match the wording of our order texts. Furthermore, the invoice shall state the VAT number of the seller and, if required by law, also the VAT number of Glas Marte.
d. The discount period starts with the date of the invoice receipt. A prerequisite in any case is faultless and complete delivery of the goods or services rendered, as well as a complete and verifiable invoice. If clarifications on quality, quantity or execution are required, the discount period will only start after complete clarification of all details or subsequent delivery of the open quantities. During the period of Glas Marte’s vacation close-down no invoice verification takes place. The discount period is automatically extended by the duration of the vacation close-down.
e. The day of payment is the date of dispatch of the transfer order to the executing bank.
f. In case of late payment by Glas Marte no default interest above the respective Euribor percentage rate will be accepted.
10. Cancellation of Orders
a. Glas Marte may cancel the order if, after placing of the order, there is a significant deterioration in the seller’s economic situation; especially if seizures or other foreclosure measures take place against him, through which our claims may be endangered or the fulfillment of the order is no longer guaranteed.The same applies in the event that the seller initiates insolvency proceedings or a comparable legal procedure.
11. Place of Fulfillment
a. The place of performance for deliveries and services is the place of receipt prescribed by us.
b. The place of fulfillment for our payments is Bregenz
12. Jurisdiction, Choice of Law
a. The legal relations between the seller and Glas Marte are exclusively subject to Austrian law, excluding the relevant provisions on Conflict of Laws and the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).
b. The sole place of jurisdiction is Bregenz
c. However, we expressly reserve the right to bring disputes against the seller before the court having jurisdiction over his place of business at our discretion.
13. Severability clause
a. In the case of the ineffectiveness of individual provisions, the remaining provisions remain fully effective. If necessary, ineffective provisions shall be replaced by such provisions that come as close as possible to the intended economic result of the purpose of the ineffective provision.
Valid from 01. September 2008