Terms and Conditions

1. Binding Nature

These terms and conditions of sale, delivery, and payment form an integral part of the concluded sales contract. The terms and conditions of our contractual partners are not binding on us. Should individual parts of these terms and conditions of sale, delivery, and payment become invalid for any reason, the validity of the remaining provisions and the contract shall not be affected. Ancillary agreements, supplements, or amendments to the order or purchase or to our terms and conditions can only be recognized in written form.

2. Technical Advice

Technical information and execution instructions provided by us as part of our customer service are non-binding due to the underlying conditions and exclude any liability on our part. We therefore recommend that all technical data be checked on-site according to the latest standards.

3. Offers

Our offers are generally subject to change. Offers made by us are binding only if their binding nature is expressly agreed upon in writing. We reserve the right to make deviations from brochure illustrations, descriptions, weight specifications, etc., and errors.

4. Cancellations and Returns

Ordered goods must be collected within 3 weeks of the agreed delivery date. If the buyer is unable to collect the goods within this period for any reason, we reserve the right to invoice the goods in full without setting a grace period. A cancellation fee of 30% may be charged for cancelled orders. For custom-made products of any kind, we must insist on an unconditional obligation to accept the goods. Custom-made products cannot be returned. The goods will be invoiced no later than one month after the agreed delivery date. D-types and Snowstop in custom colors generally cannot be returned. For any agreed return of Snowstop that is not due to a delivery error or quality defect, a handling fee of 25% will be charged. Returns are only accepted if in original packaging and if the full usability of the Snowstop is guaranteed. Returns must be made no later than one month after delivery.

5. Delivery terms

Deliveries are generally made ex works. "Free house" deliveries are made unloaded by a freight forwarder or delivery service commissioned by us. Transport damage of any kind is the responsibility of the customer. Information regarding delivery dates or deadlines is non-binding; partial deliveries are permitted. Operational disruptions due to force majeure, strikes, traffic and weather disturbances, power failures, delays by our suppliers, etc., release us from our delivery obligations and the fulfillment of compensation claims for the duration of such events and their consequences. The customer is therefore not entitled to withdraw from the contract.

6. Brochures, technical documentation

Any dimensions, weights, and quality specifications contained in catalogs, technical data sheets, brochures, or illustrations are approximate values. Drawings are not to scale. Errors excepted. All drawings, plans, bills of quantities, and requirement estimates that we provide to you are non-binding. They remain our property and may not be made accessible to third parties, subject to special written agreements.

7. Resale

The resale of our goods is only permitted using the quality classification we have assigned.

8. Prices

Our terms of delivery are based on the prices in euros, excluding VAT, as stated in our current price lists; we expressly reserve the right to charge the prices applicable on the day of delivery in the event of price changes. Prices are ex works, loaded onto the vehicle.

9. Payment terms

Payments are due in accordance with the agreed payment terms and will be applied to the oldest outstanding debt. In the event of late payment, we are entitled to refuse performance of any agreements that have not yet been fully or partially fulfilled, and to demand advance payment or sufficient security. Our customers are not entitled to withhold payments due to complaints or claims for damages, nor to offset them against counterclaims from any business relationship with us. In the event of late payment, we will charge default interest from the due date at a rate of two percentage points above the prime rate for current account loans. All accruing dunning and collection costs must be reimbursed to us.

10. Warranty – Complaints

We are liable for material defects in the goods we supply, provided that we were unable to detect them despite sufficient preliminary inspection upon delivery from our suppliers. The warranty does not cover damage or consequences resulting from natural wear and tear, improper installation or assembly, incorrect or negligent handling, or chemical, electrochemical, or other weather-related influences. Any complaints or claims of any kind must be reported to us in writing immediately within five working days of delivery and prior to any processing of the goods. In the event of a justified and timely notice of defect, we may, at our discretion, provide a replacement for the defective part or issue a credit note within a reasonable period.

11. EU pallets

EU pallets are invoiced at a standard rate. Subject to prior agreement, empty EU pallets will be accepted for return if delivered carriage paid. A credit note will be issued.

12. Retention of title

The delivered goods remain our property until all our claims arising from the delivery (including all incidental charges) have been paid in full. As long as our retention of title remains in effect, the customer may not pledge, sell, or transfer the received goods to third parties.

13. Cancellation

Order cancellations require our written consent. In such cases, as well as in the event of an unjustified withdrawal by the client, we are entitled to claim a cancellation fee of 30% of the value of the unfulfilled order, in addition to asserting any legal claims.

14. Place of performance and jurisdiction

The place of performance for the goods is A-6781 Bartholomäberg. The place of jurisdiction is the court with subject-matter jurisdiction in A-6800 Feldkirch.