General terms and conditionsSubmenu

  1. Scope and validity: These general terms and conditions apply to all transactions with Bartelt Gesellschaft mbH. By placing an order, the customer irrevocably accepts these conditions; they may only be amended with our written consent. We do not recognize or accept the general terms and conditions of our customers, even if this is not expressly stated in individual cases.
  2. Quotations: Our quotations and list prices are non-binding. Orders placed by our customers, even if on the basis of our quotations, only become binding with our written confirmation or on delivery.
  3. Cancellations: Should an order be cancelled by mutual consent without any specific cancellation fee having been agreed, the cancellation fee payable by the customer shall be 20 % or EURO 35.00 net, plus value added tax. This provision does not imply any right of the customer to unilaterally cancel any order. Undamaged and unused goods may only be returned with the express consent and delivered DDP to BARTELT GmbH.
  4. Delivery date, delay and non-delivery The Contractor shall endeavour to meet the agreed dates as correctly as possible. Delays in delivery shall not entitle our customers to claim for damages, however, our customers may opt to withdraw from the contract by registered letter once the delivery period has been exceeded by more than four weeks and for reasons that are entirely our fault. This shall take effect if the delivery cannot be rescheduled within a reasonable grace period. The customer is not entitled to any further claims.
  5. Delivery, liability: The goods shall be delivered in normal commercial condition. Partial deliveries are allowed to a reasonable extent. Liability is hereby excluded for the fitness of the delivered goods for the purpose envisaged by the customer, together with any liability for damage caused by the product or its processing. Customer complaints must be duly submitted in writing.
  6. Prices, payment: All prices exclude Austrian value added tax (VAT). The prices are valid ex-headquarters or branch office of the vendor. The purchase price is payable within 30 days after the invoice date without deduction of prompt payment discount.
  7. Late payment: In the event of a late payment, interest shall apply at the relevant rate for a bank overdraft credit, but with a minimum of 12% p.a., as well as fees for debt collection costs plus value added tax. A complaint related to the goods does not entitle the customer to withhold payment. The customer is not permitted to offset payments against other claims.
  8. Retention of ownership: All goods supplied by us shall remain in our ownership until full payment has been received.
  9. Warranty: Regardless of whether the customer is a commercial entity or not, the statutory warranty provisions for commercial transactions shall apply. Compensation for consequential damage is hereby excluded.
  10. Place of performance, jurisdiction: The place of performance for all services is Graz. Unless otherwise agreed, the statutory provisions applicable between commercial entities under Austrian law shall apply, even when the order is fulfilled abroad. For any dispute, the geographical jurisdiction of the competent court in Graz is hereby considered as agreed. For sales to consumers, the above provisions shall only apply insofar as the Austrian Consumer Protection Act (Konsumentenschutzgesetz) does not prescribe other consumer protection provisions.