General terms and conditions
The subsequent general terms and conditions of the establishment IDSL GmbH – Industrial Printing Solutions (afterwards named IDSL) are integrated to all deliveries and services. Exceptional provisions regarding maintenance and internetservices are controlled in correlative terms and conditions.
1. Comprehension and validation
For this and the following orders and agreements with the customer the mentioned terms and conditions of IDSL are valid and eliminated the purchase conditions of the customer. Purchase conditions of the customer and other agreements are excluded for the objective and all following transactions and during the complete business connection unless they are in written form and duly signed and accepted from IDSL. Basically offers are without engagement. A Contract between the IDSL and the customer achieves not until a written order confirmation respectively in absence of an order confirmation per uncontradicted acceptance of products.
2.1 Deliveries are basically ex works respectively distribution warehouse of IDSL unless another directive in written form was made.
2.2 Part deliveries are possible and consider execution of the contract effectively.
2.3 Damages in transit the customer has to claim directly when receiving the goods with the carrier and in written form to IDSL.
2.4 Storage arrangements the customer cause are accounted to the customer and are accepted as correct handover.
2.5 Payments with debt-discharging effect obliged exclusively to the accounts stated in the invoice.
3.1 Unless other agreements all prices are valid for unpacked and uninsured goods ex work of IDSL plus respective current VAT.
3.2 IDSL is authorized to charge the same-day price for standard goods (products of personal computers, assemblies, etc.). Heightened the invoice price to the contract price more than 5 % the customer is able to retrogress without any mutual claim for compensation. For special products like industrial printing solutions, software development, non standard constructions and developments basically the ratified prices are fixed prices and IDSL has execute the contract except parity of € to US $ change between contract award and delivery of goods over 5 %. If so IDSL is authorized to recalculate the fix price using the new exchange rate.
3.3 If the goods are delivered from sub-supplier or producer veritably tardy or do not correspondent in quality, changes at regulatory import conditions, dramatically changes of exchange rates, occurrence of force majeure, industrial conflicts and other events which are not defensible by the seller, IDSL absolve delivery commitment. If so IDSL will review and negotiate the contract with the customer.
3.4 IDSL aim to observe delivery time preferably definite. If the stated delivery time exceed more than 2 weeks the customer can set days of grace (minimum 3 weeks).After this time extension the customer can withdraw the contract by registered letter. The days of grace escalate up to 60 days when non standard products concerned. In all cases IDSL has to restitute already paid commissions ex interest. Beyond claims of the customer are excluded in which case soever.
4.1 Accounting happens, if possible, immediately on delivery.
4.2 Contract with multiple units could be cleared after each unit/service.
4.3 Compliance between customer and IDSL regarding terms of payment are fundamental conditions to execute deliveries and services respectively execution of the contract by IDSL. Delays of payment authorize to charge 5 % default interest. Optionally required actions for contribution and reminder fees are to the account of the customer.
4.4 The customer is unauthorized to withhold payments due to incomplete deliveries, guaranteeing, warranty claims or criticism. Offset against counterclaims demands written form and authorized signature of IDSL. Otherwise it is in general excluded.
4.5 Only the offered delivery and payment conditions of IDSL are valid at all deliveries and services. Deviant conditions of the customer are explicit excluded.
4.6 If delays of payment IDSL is authorized to deliver against prepayment respectively cash/cash on delivery.
4.7 Payment transactions credited general to the oldest assignment of a debt.
4.8 Small orders under € 100.00 IDSL is authorized to charge € 10.00 plus VAT handling fee.
4.9 Checks and bills only from established customers accepted under reserve.
4.10 Charges, particularly reminder fees, expenses of collection, instructed debt collecting agencies and all legal related costs because of default of payments are for the customer account.
5. Reservation of proprietary rights
5.1 Quantity delivered without any restrictions is proprietary of IDSL until complete clearing including interests and reminder fees. In this time the customer is committed for the correct servicing and a careful handling to his money worth. Pledging and chattel mortgage before clearing is completed is impossible.
5.2 If the customer do not abserve his commitments out of the contract IDSL is authorized anytime to return the proprietary to the customers account. The customer has to hand out the goods and IDSL or a legitimate substitution is allowed to enter the premises in which the proprietary is.
5.3 If the customer resale before he completely payed, he dispone the payment request to IDSL already when initiate the transaction.
5.4 Every enforcement activity and other troubles to the goods, which affects the property of the customer, under reservation of proprietary rights delivered goods of IDSL, the customer has to inform IDSL. Charges of any intervention by IDSL against judgement creditors are for the customer.
All goods delivered from IDSL are liable to the respective legal guarantee and warranty provisions. Different upgrades will offer separately. Changes in ownership are to advise in written form to IDSL. Otherwise IDSL is free of the guaranteeing.
7. Warranty and liability
7.1 In all cases a legal agreed warranty is contracted, defects, because of the nature of a delivery has to notify immediately after receiving the goods to IDSL in a written form. This comprised that the customer has to examine the goods directly after receipt. Anyway the goods are free of defects if not a letter of complaint latest on the 8th day after receipt of the goods was upraised. If the letter of complaint is in due time and justified IDSL will resolve to their choice and free of costs the defect, free replacement or will draw a credit note in the amount of replacement value against free return of the fault goods. In every case the customer is liable to allow IDSL several rectifications of the defects in a maintainable dimension. Advanced compensation is excluded. In particularly the customer is not authorized to require reduction of price without enabling adequate rectifications. Commercial minimal damaged products (e.g. pixel bugs at LCD monitors) the warranty is excluded.
7.2 Guarantee claims for already assimilated goods are excluded in either case.
7.3 IDSL perform no warranty for the use of goods for a particular purpose which is not explicit for this purpose stipulated.
7.4 IDSL did not take any liability respectively compensations for damages, loss of capital and interests due to machine faults and/or machine troubles, exceeded delivery time, as well as exceeded delivery time regarding spare parts. Anyway liability for secondary damages are excluded.
7.5 Requirements of compensation for material damage are excluded as far as possible and acceptable due to the Product Liability Act. This is also valid for claims which are the result of data losses. Industrial consumer are liable themselves for their continuous data back-ups.
7.6 Returns of complained goods required a formally prior written approval of IDSL. Returns are always at the expense and risk of the customer.
8. Final Provisions
Unless otherwise agreed the legal regulations between registered traders are valid. Austrian justice is valid for optionally disputes. It is agreed that the exclusively jurisdiction is the court in Oberpullendorf, Austria. IDSL delivers exclusively to industrial consumer and emanate so in all circumstances. End-user which do not indicate as an end-user are subject to the mentioned general terms and conditions.
In case of doubt the German-language terms and conditions are valid.