AGB

The following General Terms and Conditions of Sale and Delivery apply to all current and future orders placed with us. Deviating conditions are only binding for us if we have acknowledged them in writing. This also applies if a purchaser refers to their own purchasing conditions. Verbal agreements that impose additional obligations on us are only binding if confirmed by us in writing. These conditions apply not only to goods but also to all other services.

1.1 The signatory is authorized to place orders within the scope of our General Terms and Conditions of Sale and Delivery.

1.2 The production of seals and plastic turned parts is carried out in accordance with the state of the art and the standard guidelines of sealing technology.

1.3 Manufacturing of seals based on samples is without guarantee.

2. Prices and Payment Terms

2.1 Our prices are ex-warehouse; packaging, freight, forwarding charges, and transport insurance costs are borne by the purchaser and are determined for each specific order, quoted net.

2.2 Our invoices are payable without deduction within 30 days from the invoice date unless otherwise specified in the invoice. However, the purchase price is due immediately if the purchaser is in arrears with other payment obligations to us. In case of payment delays, interest on arrears of at least 12% p.a. will be charged from the due date until the date of payment, without prejudice to the assertion of further damages caused by delay.

2.3 Offsetting or withholding payments due to counterclaims – including warranty claims – is excluded.

2.4 Irrespective of our right to enforce the contract, we are entitled, in the event of the purchaser's withdrawal from the contract before the start of production, to claim a cancellation fee of 20% of the net order value plus VAT, in addition to any further damage claims.

3. Delivery and Shipping

3.1 Partial deliveries are permitted.

3.2 The delivery period is subject to unforeseen obstacles beyond our control or that of our sub-suppliers, especially in cases of force majeure, operational disruptions, material shortages, strikes, etc. If these events significantly affect the timely fulfillment of the contract, the delivery periods will be extended appropriately. In any case, claims for damages or cancellation of the contract due to late delivery are excluded unless gross negligence on our part can be proven. If a force majeure event lasts longer than six weeks, we will seek a mutually agreeable solution. If no agreement is reached, we may partially or entirely withdraw from the contract.

4. Risk and Transfer of Ownership

4.1 Shipping is always at the purchaser's risk and expense. We are not liable for damage or loss during transport. Unless the purchaser provides specific shipping instructions, we will choose the best method of shipment at our discretion. If the purchaser does not provide specific instructions regarding transport insurance, we may arrange it at the purchaser's expense, but we are not obligated to do so, and thus any liability on our part is excluded.

4.2 Unless otherwise agreed, the goods are sold ex works, meaning that the risk passes to the purchaser as soon as they leave our premises.

5. Retention of Title

5.1 The delivered goods remain our property until all obligations arising from this delivery contract have been fully paid. We are entitled to visibly mark our ownership on the delivered goods. The purchaser must comply with the required formalities to preserve the retention of title. In case of seizure or other claims by third parties, the purchaser is obligated to assert our ownership and immediately notify us in writing.

5.2 If the goods are intended for resale, the purchaser is required to establish a retention of title in our favor (extended retention of title) if the purchase price is financed by us.

6. Warranty and Liability

6.1 The purchaser must inspect the delivery immediately upon receipt. Complaints regarding incomplete deliveries or apparent defects must be submitted in writing immediately upon receipt of the individual deliveries; otherwise, the delivery is deemed to have been accepted without reservation, and any warranty or damage claims are excluded. The defect must be clearly identified so that we can easily understand the reason for the complaint. The purchaser is responsible for the interim storage of the complained goods at their expense.

6.2 We are liable for defects in the delivery, excluding further claims, as follows: Any parts of the delivery that are proven to have existed prior to the transfer of risk will be repaired or replaced at our discretion within six months of the delivery date, free of charge. Natural wear and tear, improper handling, excessive use, negligence, or modifications without our consent void any warranty. Warranty claims are only recognized if they are made in writing immediately upon discovery of the defect. Replacement parts must be delivered to us carriage paid. The replaced part becomes our property upon delivery of the replacement.

6.3 It is expressly agreed that we are not liable to the purchaser for personal injury, damage to goods that are not the subject of the contract, or any other damage or loss of profit. The reversal of the burden of proof under Section 1298 ABGB is excluded.

6.4 The delivered goods only possess the condition agreed upon or guaranteed. Our liability to the purchaser for production downtime, loss of profit, loss of use, contractual penalties, or any other economic or indirect consequential damages is hereby excluded, particularly in the case of indirect exports.

6.5 We are only liable for gross negligence or intent. Furthermore, liability for defects, consequential damages, or any other claims is limited to the purchase price.

7. Data Protection

7.1 We are entitled to store, transmit, modify, and delete the purchaser's personal data as part of our business operations.

8. Call-off Orders and Non-returnable Goods

8.1 Goods purchased on call-off must be accepted within the period agreed upon in writing. In the event of late acceptance, we are entitled to deliver the goods to the purchaser at their expense and risk, with immediate payment of the invoice amount due. Additionally, we reserve the right to withdraw from the contract and, without prejudice to further claims, to demand a cancellation fee of 20% of the net purchase price plus VAT.

8.2 Delivered goods are not returnable under any circumstances. Any returns will not be accepted and will be returned to the purchaser at their expense and risk.

9. Jurisdiction and Governing Law

9.1 The invalidity of any part of these General Terms and Conditions of Sale and Delivery does not affect the validity of the remaining provisions.

9.2 The place of fulfillment for delivery and payment is exclusively our business location. The court with jurisdiction over our business location shall have exclusive jurisdiction over all disputes arising directly or indirectly from the contract. This also applies if the handover is agreed to take place at another location. However, we are entitled to bring claims before the court with jurisdiction over the purchaser.

9.3 Austrian law applies to the contractual relationship between us and the purchaser. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, BGBl. 1988/96 (CISG) is excluded.

9.4 Mandatory rights of consumers under the applicable provisions of the Consumer Protection Act or the EU Regulation on Jurisdiction (EuGVVO) remain unaffected by these terms.

10. Special Conditions for Seal Assembly

10.1 Shaft seals of our design may only be used without pressure. Seals must not be pulled over sharp edges.

10.2 Only suitable assembly tools (e.g., assembly pliers, assembly cones, etc.) may be used for installation, and care must be taken to ensure clean installation spaces (no paint chips, dirt, metal shavings, etc.).

10.3 Seals must not be installed by force. In principle, complete sealing sets should always be replaced, as this is the only way to ensure the proper function of the seals and devices.

10.4 We must be informed in writing of any defects in the device in which the seals are to be installed (e.g., scratched rods, rusted installation spaces, damaged metal parts, large sealing gaps, etc.) before production begins.

10.5 If a different pressure medium than hydraulic oil is used in the device, this must be communicated to us in writing without request when placing the order (other pressure media include: compressed air, biological oil, brake fluid, water-glycol, additives, etc.).

10.6 Special requirements such as temperatures above 70°C, sliding speeds above 0.5 m/sec, extremely high pressures, etc., must be communicated to us in writing before production.

10.7 The general guidelines for the use of seals, plastic turned parts, etc., must be followed.

11. Online Shop

11.1 All price and delivery time information in our online shop is non-binding and subject to prior sale.

11.2 Technical product-specific information is provided without warranty.

12. Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (KOFLER-Dichtungen GmbH, Gewerbepark 3, 6068 Mils /Hall, AUSTRIA, Phone: +43/(0)5223-43399, Email: office@kofler-dichtungen.at) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. We will use the same payment method for this reimbursement as you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately, and in any event, no later than fourteen days from the day you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:

KOFLER-DICHTUNGEN GmbH
Gewerbepark 3
6068 Mils /Hall
AUSTRIA
Phone: +43/(0)5223-43399
Email: office@kofler-dichtungen.at

I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods () / the provision of the following service ().

Ordered on () / received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date

(*) Delete as applicable.