terms and conditions

Terms and Conditions

1. These terms and conditions are applied for all present and future businesses.  Deviant, conflictual or additional common terms and conditions will not be consisted in the integral part of the contract , unless  their validity is in writing form accepted.

2. These terms and conditions are fractional conditions that are accepted from all business associates.

3. All the information in the internet are non-binding and without obligations. This is valid especially for specification, prices, copies/reproduction and broadsheets. Technical changes as well as changes in form, colour and/or weight, remain in the reasonable conditions  reserved.

4. The costumer is obligated to handle the product carefully and as described in the technical documentation.

5. The contract closure occurs under conditionally and accurately timed product delivery from FAVEA´s sub-supplier. This applies in cases of a delay in delivery caused by a problem, that FAVEA cannot take responsibility for, particularly at the closure of a congruent covering transaction with the FAVEA sub-supplier. The costumer will be informed about the unavailability of the productivity immediately. Eventual considerations will be reimbursed.

6. The contract initiates with the signing of both contractual partners, with a volition of a responsible person per E-Mail or through the acceptance of the productivity or through the payment of the costumer in force.

7. Every change of the agreed shipment after the contract closure requires the mutual acceptance of both contractual partners. Price changes must also be brought to agreement.

8. The costumer has to verify the description of the agent and also, before his value performance, he has to be warned in writing form about any kind of problems regarding the execution of the contract.

9. The agent assures that the delivered product is free of defects, the assured specifications are applied, the requirements and the preconditioned contractual purpose corresponds.

10. The agent obligates himself, to provide all productivities and contractual assignations entirely, functionally, correctly and operational as in the agreed contract. The productivities must be provided within the deadlines.

11. By serious violation of duty, particularly by non-payment of the invoiced price, is FAVEA authorized, according to the legal regulations, to back up from the contract and to reclaim the product. The reclaim does not imply the explanation of the withdrawal; FAVEA is in fact merely authorized to reclaim the product and to reserve itself the withdrawal right. By non-payment of the invoiced price, FAVEA can use this rights respectively can use legitimate dispensability of the last term of payment.

12. If the costumer chooses after the supplementary performance the withdrawal from the contract, due to a deficit, he will not be entitled to any further compensation. If the customer chooses compensation after supplementary performances, then the product remains at the agent. The compensation restrains itself throughout the difference between the invoiced price and value of the deficient object. This does not apply when FAVEA or one of its sub-contractor causes the careless, intentional or fraudulent contract violation.

13. By violation of the existing terms and conditions, the company FAVEA keeps itself prior of the legal steps to compensate the real or fiscal emerging damage.

14. Until the whole payment is complete, the product remains in absolute right of property. The product respectively the article will be carefully retained at the delivery address. In case of a reclaim, the costumer is responsible to return the article with correspondent delivery status, or to accept balancing charges.

15. The costumer is obligated to immediately inform the agent in case of legal demand of a third party on the product like in case of a execution as well as in cases of damages or demolition. The costumer obliges itself to advise in writing form and verbal all the executions as well as all the on-going institutions about the FAVEA rights.

16. FAVEA is liable for the specified delivery as defined by the Austrian law on product liability. Transient requirements about secondary or consequential damage will not be assumed.

17. The extent of the general liability is only allowed up to the amount of the purchasing price. A amendement must be accepted from the costumer.

18. General liability suspends every deficiencies, that are generated outside of FAVEA`s area of influence, and are handed on to every business associate, who is in charge of them. The obligation for executive care is to be applied.

19. When the supplementary performance fails, the costumer can basically request, due to his preferences, the lowering of the compensation or the cancellation of the contract. At a minor defect, the costumer doesn`t have the right neither of withdrawal nor cancellation. The costumer must notify in writing form every defect; otherwise the enforcement of the warranty claim is impossible. The costumer is responsible to provide full proof for the claim requirements to justify the claim.

20. As composition of the product applies only the description from the agent or the producer. Public statements, advertisings or promotions do not constitute contractual behaviour of the composition.

21. The receiving of the products is under the reservation of further incoming inspection tests. The costumer is authorized to examinate the product, according to the specifications. Detected material defects will be from the costumer reprehended. The quantities, specifications and dimension can be proved by the costumer throughout the delivery note.

22. If a material defect exists, the agent must eliminate it. The agent may choose for the abatement a remediation of a defect or a supplementary delivery. In case of a supplementary delivery the product will be new delivered and the defected product may possibly be requested to be returned on the agents costs.

23. In case of a remediation of a defect, the costumer must set a term (up to the initial delivery-time) for the agent, in order to fulfil the remediation. If the agent does not correct the material defect in the mentioned deadline, the costumer can arrange the remediation on behalf of the agent or assign a third party, as long as the costs are suitable and do not exceed the initial order value.

24. As long as on both sides an acknowledged material defect exists, the costumer can retain the payment.

25. Beyond the liability for defects exists a right of withdrawal or right of contract-termination for the costumer, only by relevant and serious violation of obligations of the agent.

26. FAVEA guarantees that the product is free from material defects and lack of title (inclusive false and short delivery). The legal assignations for the delivery regress stays untouched and unchanged.

27. Warranty: 12 Months after the delivery - exceptions: wear, deterioration, modifications or manipulations deviating from the documentation, usage, aesthetic deficit which does not interfere with the functionality or specifications of the product.

28. As agreement on the legal and factual nature are only applied such product descriptions, that are subject of the individual contract. In addition of the legal regulation the product is also then free from material defect, when it manifests its properties that the costumer awaits according the delivered product description. For public statements from a third party, the costumer takes no accountability.

29. The risk of destruction and deterioration of the product goes with the delivery on the sender, the forwarding agent or other persons that are responsible for the shipment.

30. If the costumer does not give special delivery requires, the agent must determine them himself.

31. Established delivery deficits are immediately to be notified. Hereafter can a compensation delivery be requested, as long as the requirements from the forwarder apply, and the corresponding required documentation and information are to be provided by the customer.

32. If the binding agreement of the delivery term is not been kept, the costumer must be immediately informed and e new delivery term must be established.

33. If the agent expects problems that could hinder the scheduled delivery or the quality of the delivery, then the costumer has the obligation to inform the agent in writing.

34. The final validated specification is the order confirmation of FAVEA. Are this information not boundless, complete and correct, the costumer has one week objection term to effectuate in writing form, so that unwanted commitments can be turned away. The agent cannot take accountability for the products´ or specifications´ suitability for the customers’ application. Also the totality of the delivery obliges the costumer to obtain a functionally unit.

35. When there is no agreement in writing form, the validity of quotation is 30 days from the issue date to take in evidence. FAVEA accepts orders from offers within 12 months at which FAVEA has the right to veto of the sales price in terms of usual index-match and reserves it in form of a acceptance of order.

36. The agent is entitled to ban the deliveries, also if they are already approved, when a delay of payment occurs and he must effectuate an appropriate right of retention.

37. The purchasing price is due for payment within 30 days from the invoicing date, only in case any in writing form agreement was effectuated. With the fall due of the period allowed for the payment, the agent comes in delay. The purchasing price is during the delay under reservation of continued rights, respectively effective legal interest can be charged on account of the delay.

38. Quotations are engaging and not refundable. Only then is this possible, when both sides make an agreement in writing form.

39. The price excludes transport and taxes, so that these positions will not be explicit disclosed, on the behalf of the Austrian and European law of taxation. Other deliveries and tax obligations will be explicit and irrevocably on the costumer assigned.

40. If the costumer refuses the delivery of the product, hinders or obstructs, than he will still be brought to account. The duty of payment expires not before cancel- regulation is agreed in writing form by the agent and a proper credit note is issued. Payment deadlines act in accordance with the delivery date and the bill date.

41. In case of a overdue invoice payments, FAVEA reserves itself the right to hold back further deliveries, until all the payable amounts are balanced. FAVEA retains itself the right over every opened purchasing contract to cancel it and adopt all determined conditions. FAVEA can also charge possible expenses as well as transport and interests on account of delay in the payment bill.

42. Terms of payment: after the receipt of an invoice within 30 days net, overdue payment interest 8%pa, transfer in general by bank assignment to the FAVEA bank account.

43. The costumer is authorized, to utter the product in regular attendance routine on a third party. The payment obligation of the third party to the costumer can be by later payment up to the amount of the invoice of the agent.

44. The agreed delivery date is the date of the readiness for shipment from the manufacturers side. The delivery date will not be actionable and no decline in value will be effectuated. Withdrawal from the purchasing contract can take place after mutual agreement of all parties.

45. Burden of proof for the decline in value is by the user, at which the competent and professional handling and manipulation according to the technical regulation will be applied under the abidance of the obligation to exercise due care.

46. The guarantee cannot be interpreted as expand on other parts, even if they are used in the constructions compound. The right over the guarantee is then effectuated when a in writing form note in this period of warranty is reported to FAVEA.

47. Other guarantee rights disappear by any freelance and not agreed repairs or remediation.

48. In case of a detected deficit or a deviation to the specification or abnormality, the user is obligated to put the product out of order so that further damages will be prevented and a root- cause- analyse can be effectuated.

49. Transport damages at deliveries must be mentioned on the delivery note from the express agent and photos must be made and sent to the costumer, so that the damage can be documented.

50. The manufacturer is responsible for the adequate outgoing goods-quality inspection and is responsible for their delivery.

51. The shipment is from the customer clearly to be specified. If optional available parts are not included in the order, the customer is responsible for their functionality in the construction assemblage.

52. The customer will have no legal right over the statements/ counselling/ advisory service/ attendance of the agent. Particularly when this service is provided free of charge, effectuated but not in writing form, the obligation of executive care is underlined only limited.

53. You are going to be advised with the best knowledge and conscience, but these do not raise the claim over the completeness and accurateness in meaning of a scientifically proof. In this way nothing contrary will be agreed.  Counselling appointments will be put in the payment bill only when: a) The meeting-schedule is on a short-term cancelled or the other business partners cannot be part of the meeting. b) The commercial firm cannot come to a closure or a deal.

54. The agent takes away from the costumer the irrevocable right (after the whole payment) to command over the shipment, respectively to sell the product on a third party. This right is absolutely unaccepted when the alleged costumer is in direct or indirect competition with the manufacturer or with the trade partner.

55. The contractual partners inform themselves about the known risks of violation and supposed injury cases.

56. If individual assignations of the contract with the agent are ineffective and they are including partial or completely the terms and conditions, then the validation of the assignations will be untouched. The partial or completely regulation should be through a other regulation replaced, so that the economical success is closer to the actual meaning.

57. The Austrian right is applied under exclusion of all international and over national legal regulations, especially UN-purchasing rights. Requirements and effects of the reservation of property rights underlines the right of the particular storage location of the product. For cross-border contracts are applied the international rights for the layout of the contract term (Incoterms) in the legal fitting.

58. If over the customer a insolvency proceeding or over his property is requested a legalised or non-legalised comparison measurement, then the agent can retreat from the unperformed part of the contract.