Terms of Service

JUTZ Lasertechnik GmbH

1. Validity

These conditions are valid for all current or future delivery contracts, unless they have been changed by deviating written agreements. We do not recognize conflicting delivery or business conditions, even if we do not contradict them.

2. Offers, delivery time

2.1. All offers are generally non-binding, the delivery times given are non-binding.

2.2. If negotiations about details of the execution are still necessary after the order confirmation, the delivery time does not begin until these negotiations have ended.

2.3. The buyer can only derive claims from exceeding the delivery time after the expiry of a reasonable grace period set by him. In this case, the claims are limited to the right to withdraw from the contract. Any further or different claims, especially claims for damages, are excluded.

2.4. If exceeding the delivery time is due to a lack of raw materials, a strike or force majeure, we are entitled to withdraw from the contract to the exclusion of all claims by the buyer.

3. Dimensions, weights, delivery quantities

3.1. Dimensions and weights in our offers and order confirmations are only approximate; We reserve the right to make subsequent changes.

3.2. Compared to the order quantity, excess or short deliveries of up to 10 percent are permitted.

4. Call-off delivery contracts

4.1. If the delivery schedule is not called up in accordance with the agreed delivery schedule or within a reasonable period, we can withdraw from the contract, irrespective of our other rights, after setting a deadline.

4.2. If an acceptance period has been agreed, we are not obliged to deliver beyond this period.

5. Terms of payment, prices

If, after the order confirmation, facts become known which reduce the creditworthiness of the buyer or if the buyer does not meet obligations from other contracts with us in time, we reserve the right to request advance payments for the deliveries for all open orders. Furthermore, we are entitled to demand immediate payment for all open invoices, even if bills of exchange or checks have been given. Unless otherwise agreed in writing, prices are ex works and do not include packaging. All prices mentioned are net prices in euros. The value added tax is shown separately in the invoices. The prices are based on the current cost factors. We reserve the right to correct prices in the event of changes to them up to the time of delivery. Unless otherwise expressly agreed, payment for the delivery of parts must be made within 10 days of the invoice date. If the payment deadline is exceeded, default interest of 4 percent above the respective bank rate of the Austrian National Bank will be charged.

6. Fulfillment and transfer of risk

6.1. In the case of dispatch by us, the risk (also in the case of postage paid deliveries) is transferred to the customer when the goods are handed over to the first carrier or, if they are handed over to a forwarding agent beforehand, when the goods are handed over to him.

If we do not send the goods, the risk is transferred to the customer when our notification of readiness is sent. Unless otherwise agreed, the means of transport and the route of dispatch are left to our best discretion.

6.2. Storage measures, if necessary, are at the expense of the customer.

7. Retention of Title

7.1. The goods remain our property until full payment. The buyer is only authorized to sell or process the goods in the ordinary course of business. Pledging or transfer by way of security are not permitted.

7.2. If our goods are processed by the buyer, we acquire co-ownership of the product in the ratio of the value of our goods to the value of the remaining processed goods.

7.3. If the buyer sells the product in our co-ownership or our goods, the claim from this sale is already now deemed to have been assigned to us (possibly in proportion to our co-ownership).

7.4. The buyer is entitled to collect these claims in the ordinary course of business, although we reserve the right to revoke this power of attorney at any time.

7.5. If the value of the securities to which we are entitled exceeds our claims against the buyer by more than a quarter, we will release corresponding securities of our choice. With the assertion of the reservation of title, a withdrawal from the contract is only given if this is expressly declared by us.

8. Warranty

8.1. The buyer must check the delivered goods immediately and report any defects in writing no later than 2 weeks after receipt of the goods at the destination. Hidden defects must also be reported in writing immediately, but no later than 1 week after the defect was discovered. Warranty claims can no longer be made 6 months after delivery and expire no later than 4 weeks after the complaint has been rejected

8.2. In the case of previous production of failure samples which are sent to the buyer for inspection, we are only liable for ensuring that the delivery is carried out according to the failure samples, taking into account any corrections. We must be given the opportunity to determine the defects complained about on the spot. In the event of the loss of the warranty claim, nothing may be changed on the defective goods without our consent.

8.3. If it can be proven that the goods delivered are rejected as a result of our sole fault, we have the discretion to remedy the defect free of charge after receiving the goods back, to make a replacement delivery free of charge, or to credit the returned weight at the invoice value at the time.

8.4. Taking into account the tolerances customary in the industry, we only guarantee compliance with the dimensions and drawings you specified. Even with any suggestions for design and material selection, we do not guarantee the usability for the desired purpose. Submitted drawings, dimensions and the like are to be checked immediately by the buyer.

9. Legal and Regulatory Requirements

We ensure that all externally provided processes, products and services meet the applicable legal and regulatory requirements of the exporting country, the importing country and the destination country specified by the customer and supplier - provided that they are communicated to us. We stipulate that we only refer to our direct customers and suppliers. We also assume that our customers and suppliers develop products that meet official and legal requirements.

10. Place of performance and jurisdiction

For delivery, payment and all disputes arising directly or indirectly from the contractual relationship, the place of jurisdiction and performance is Vienna. Austrian law applies.