Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

1. General

All orders are accepted and executed by us under the following terms and conditions of sale. By placing orders, the customers acknowledge these delivery conditions. The possible invalidity or nullity of one of the following conditions does not affect the validity of the others. Conditions of our customers and differing agreements are only valid if they have been expressly acknowledged by us in writing. Our offers are non-binding, subject to availability of goods. We reserve the right to withdraw from an order within two weeks.

2. Delivery Date and Quantity

All delivery dates specified by us are non-binding. Claims for damages due to delayed delivery or due to the failure of deliveries for other reasons are excluded. You are only entitled to withdraw due to delivery delays if, despite a written request and the setting of a reasonable, but at least six-week grace period, the delivery does not occur. All facts beyond our control, particularly also an unintentional difficulty in procuring raw materials, operational and transport disruptions, and improper delivery by subcontractors are also considered force majeure and release us for the duration of the hindrance or, at our discretion, also permanently from the obligation to deliver, without the buyer having any claims based on the withdrawal. We are entitled to partial deliveries.

3. Delivery

Deliveries are made free of charge, unless otherwise agreed.

4. Shipping

Risk and chance pass to the seller upon loading. In the absence of an explicit agreement, transport is at the buyer's expense; additional costs for express or rail express deliveries are always borne by the buyer. The buyer is responsible for any insurance of the freight. The shipping and fulfilment location is our production facility or the delivery warehouse expressly commissioned by us. We do not guarantee against transport difficulties of any kind. We are entitled to choose the most cost-effective transport option available to us.

5. Calculation

Over- or under-deliveries of up to 15% are permissible. For the calculation, the weight or quantity determined by us for transport is always decisive.

6. Payment Terms

Payment of the purchase price is made in accordance with the agreement or within thirty (30) days of the invoice date, net. In the event of late payment, we are entitled to charge default interest of 7% above the respective bank rate of the Austrian National Bank.

7. Complaints and Claims for Damages

7.1. Our sample is decisive for the delivered goods. Minor deviations shall not be grounds for complaint. Complaints will only be considered within 14 days of receipt of the goods and before processing or consumption.

7.2. In the case of justified, properly reported defects, we are only obliged to take back the goods and, at our discretion, either to refund the purchase price or to deliver replacement goods. Any further claims of any kind, including those for damages, are expressly excluded.

7.3. Our technical advice in word and writing is non-binding and without liability on our part - also regarding any third-party rights - and does not exempt the buyer from their own examination of our products for their suitability for the intended purposes.

7.4 Nuanced shades must be checked by the buyer for conformity with the original colour sample ordered or the shade according to the colour chart before processing. Incorrectly coloured shades must be reported immediately. Subsequent complaints will not be accepted.

8. Price

Prices are understood, unless otherwise agreed, net from our works or warehouse and are subject to change.

Price increases, particularly due to increases in labour and material costs as well as freight surcharges, may be made by us.

9. Retention of title

We reserve the ownership of all delivered goods until the full payment of all claims arising from our business relationships with the buyer is due. The buyer may only sell, process or mix the goods within the scope of their proper usual business operations. The retention of title remains effective during processing or mixing and extends proportionally to the new product. The pledging or transfer of ownership of goods subject to retention of title is not permitted for the buyer; any seizure or other impairment of our rights must be reported to us immediately by registered letter.

10. Warranty

The buyer is obliged to immediately inspect the delivered goods. Complaints about defects must be made in writing without delay and only before processing or mixing of the goods. We are not liable for damages due to improper storage or non-compliant processing or handling. In the case of justified complaints about defects, we are only obliged to take back the goods to the extent that they are defective and, at our discretion, either refund the purchase price or provide a replacement. Compensation for extensive damages is excluded. Complaints about defects do not exempt from the obligation to comply with the delivery and payment terms.

11. Product Labelling

Any alteration of our goods or changes to the origin marks not made by us by the buyer or a third party is not permitted.

12. Framework Order

In the case of contracts that extend over a period longer than four weeks (successive delivery contracts), each delivery constitutes a separate transaction. For calculations, the prices communicated at the time of each call-off confirmation are decisive. Should our prices increase between order confirmation and delivery within the limits set by statutory provisions and the provisions according to point 2, the new prices shall apply. We are entitled to cancel the quantity that the buyer is in arrears with in terms of call-off or acceptance during or at the end of the contract period without granting a grace period or to insist on acceptance. The assertion of any claims for damages remains reserved.

13. Packaging

Return of packaging as agreed. The ordered goods will be loaded onto Euro pallets. If the pallets (or reusable containers) are not exchanged or returned immediately free of charge to the warehouse at the buyer's own risk, the seller will charge for them. All disposable packaging supplied by us is subject to the ARA system.

14. Trademark

Many of the delivered products are marked with a trademark. If such products are repackaged, processed further, mixed with other substances or similar, the trademarks on such goods or their packaging or in the associated printed materials or advertising materials may not be used without the prior consent of the seller, particularly also as a component indication. The delivery of products under a trademark is not to be regarded as consent to use this trademark for the products made from them.

15. Incoterms

In addition to these terms, the "Incoterms" issued by the International Chamber of Commerce in Berlin in the version applicable at the time of the order will apply.

16. Jurisdiction

The exclusive jurisdiction is agreed to be Vöcklabruck. However, we are free to sue the buyer at their place of business (residence).

Pigmentsolution GmbH, Römerweg 1, A - 4844 Regau - office@pigmentsolution.eu – +43 (0)664 52 42 242