VIS VITALIS GMBH GENERAL TERMS AND CONDITIONS
I. Application of Conditions
Our supplies and deliveries are exclusively subject to these terms and conditions. We are not bound by any customer’s terms and conditions, even if we have not explicitly rejected them. Any agreements that do not comply with these terms and conditions are only binding if we confirm them in writing.
II. Acceptance of Orders
The acceptance of orders is subject to availability of stock and delivery options. We are exempt from our delivery obligation if we are unable to make a delivery due to an act of god or other situation not caused by gross negligence on our part (see item V). In such event the customer is not entitled to damages.
III. Delivery of Products
All deliveries are subject to EXW conditions (INCOTERMS 2010, ex works) Moosham 29, 5585 Unternberg, Austria
IV. Liability for Damages
We may only be held liable for damages if we are notified of the damages without delay, i.e. within 5 days of receipt of goods. If a notification of damage is justified, we will take the product back and will either replace it or offer a refund at our discretion. Further claims cannot be made. If goods have been damaged during transport, the damages are to be reported immediately upon receipt .
V. Exemptions from liability for damages
The buyer will not be entitled to damages for goods with obvious or hidden defects, for delivery delays or other legal reasons provided that the damage was not caused by us willfully or through gross negligence. A liability for loss of profit or damage to the image is excluded
Payments must be made in full within 30 days of issue of invoice. For payments made within 10 days a price reduction of 2% is granted. If payments are delayed, an interest rate of 8% p.a. above the interest rate used by the National Bank of Austria will be charged. If payments are received from a customer who has older payments outstanding, we have the right to use these payments to settle the oldest outstanding payments, even if these latest payments were intended for a more recent purchase.
VII. Reservation of Ownership
The delivered goods remain in our possession until full payment has been made. If payments from a customer for previous deliveries are still outstanding, this reservation of ownership extends to all our manufactured products located at the customer premises. Although the customer is entitled to sell these products to the end user, (s)he may not use them as pawns or transfer them to a third party for safekeeping without our approval until full payment has been made.
VIII. Product Changes
We reserve the right to change the design, labelling and composition of our products.
IX. Place of Performance
The place of performance of all contractual obligations for our customers and us shall be Moosham 29, 5585 Unternberg, Austria.
X. Applicable Law
The legal relations between our customers and end users and us shall be governed exclusively by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods adopted on 11 April 1980 shall not apply.
XI. Court of Jurisdiction
In the event of any legal disputes arising between the business parties, the court of Moosham 29, 5585 Unternberg, Austria, shall have exclusive jurisdiction.