GENERAL TERMS AND CONDITIONS
Brantner Walter Ges.m.b.H.
A-3500 Krems, Brennaustraße 10 ATU 18512009, FN: 34776 t, DVR: 026060
All deliveries and services shall be provided exclusively on the basis of these General Terms and Conditions. Any deviating agreements must be made in writing. The customer's general terms and conditions shall only be valid if they are accepted by us in writing. The customer shall be liable for any damage to the skips, containers and other receptacles provided. He is also responsible for compliance with the legal and official regulations when setting up on public traffic areas.
2. prices and offers:
Deliveries and services shall be provided at the prices valid at the time of performance. Transport and rental costs may only be increased if approved by the Joint Price Commission for the Freight Transport Industry.
The recycling prices are based on the current incineration, landfill and waste market situation. Should the industry, the landfill, the recycling or destruction companies increase the fees, the respective increase will be added to the same extent.
We shall be entitled to issue partial invoices even before complete processing of an order. Our offers are subject to change, non-binding and without binding effect. We are entitled to reject an order within 8 days of receipt without giving reasons. Stated delivery and performance deadlines are non-binding unless fixed deadlines have been expressly agreed.
3. terms of payment:
Our invoices are due for payment immediately upon receipt without any deductions. In the event of default in payment, 9% default interest p.a. shall be charged from the due date. Incoming payments shall first be credited against costs, then against interest already accrued and finally against the outstanding capital, first against the oldest due date in each case. The customer is not entitled to offset payments with his own counterclaims. Furthermore, the reimbursement of all dunning and collection charges shall be deemed agreed.
4. retention of title:
Goods delivered by us remain our property until full payment of the purchase price (incl. interest and ancillary charges). In the event of resale of the goods to third parties, the customer already now assigns his claims from a resale to us. In this case, the customer shall immediately inform us to whom and under which conditions the goods subject to retention of title were resold.
5. disposal services:
The customer shall declare the waste in accordance with the applicable statutory provisions, ÖNORM standards and our acceptance criteria. The customer shall be liable for all costs and damages incurred by us due to an incorrect declaration. We are entitled to examine and analyse the waste at the customer's expense. The waste becomes our property upon acceptance by us. We are entitled, even after taking over the waste, to return it to the customer and the customer is obliged to take it back. Waste producers and deliverers (e.g. hauliers) shall be jointly and severally liable to us for all liabilities.
6. warranty and compensation:
Notifications of defects must be made in writing within 8 days of delivery or performance, otherwise all warranty claims shall lapse. We do not assume any liability for damages incurred by our customers in the course of business, unless these are due to gross negligence or intentional conduct for which we are responsible.
7. applicable law and place of jurisdiction:
Austrian law shall apply exclusively as agreed. 3500 Krems a. d. Donau is agreed as the place of performance. For all disputes arising from the legal transactions concluded with us, the exclusive local and subject-matter jurisdiction of the Regional Court of Krems a. d. Donau is agreed at our discretion.
February 2013 issue