We deliver subject tot he following terms and conditions:

Delivery: Shipments with an amount equal or more than EURO 300.00 net, carriage paid to the station. For shipments below EURO 73.00 there is an additional charge for packaging.
Solely the terms and conditions of sale specified below are relevant for business transactions between the orderer and our company. Any departures from these are subject to our express written confirmation. Terms and conditions to the contrary provided by the orderer on the basis of any documents whatsoever shall not apply.

1. Offers always remain subject to change and non-binding. Offers ex store are subject to the goods not having been sold in the meantime. An obligation to supply shall only exist when we have confirmed the order in writing. Goods ordered on call must be accepted and paid for within the agreed period according to agreement. If no call-off period has been agreed, acceptance must take place within 2 months oft he request being confirmed or of the initial sample being provided. We are entitled to make partial deliveries and invoice these separately without special agreement.
 

2. Prices are ex works excluding packaging unless any other delivery method has been expressly agreed. Prices are calculated on the basis of today´s costs of materials and wages. If these change substantially, the prices valid on the day of delivery will be calculated. In the absence of agreement tot he contrary, packaging will not be taken back by us. The costs of packaging are invoiced by us at the net cost price. Where it has been agreed that the packaging can be sent back, this must be totally free of charge for us. Credits for packaging can only be provided at the functional value. Shipment takes place at the cost and risk oft he buyer. Prices are in EURO. For orders in other currencies the orderer is obliged to immediately compensate us for any fluctuations in rate which occur to our disadvantage.
 

3. Payments must be made as agreed and totally free of charge for us. Representatives are not authorised to accept payments. If payment deadlines are exceeded, we always charge interest on late payments at 2% above the bank rate of the State Central Bank. We also reserve the right to pass on all other resultant costs, such as the imposition of higher bank charges etc. If there is an unfavourable change in the financial position oft he buyer or if there are other reasons which make it appear appropriate to depart from the usual terms and conditions, then we are entitled to lay down new payment terms, request security or withdraw from the order. Under the same circumstances and in particular if the settlement of due items is not undertaken according to our terms, all our claims shall fall due immediately even in the event of deferment of payment. The retention of payments on account of any claims or counterclaims by the buyer is excluded, as is offsetting. In the absence of shipment instructions for goods which are ready for dispatch, these goods will be charged and must then be paid as agreed. Goods of this kind will be placed in storage at our choice either in our premises or in those of our carriers on behalf of the orderer and at his risk and cost.

4. Retention of ownership: The goods remain our property until the purchase price has been paid in full including all incidental claims, in particular costs of debt enforcement, agency expenses and bank charges, and in the case of payment by bill of exchange or cheque until the equivalent value has been received, and this also applies to our other claims from the entire business relationship. In this context all supplies, count as a single contract, so that the retention of ownership continues to apply as long as any invoices or claims for costs or interest remain unsettled. The goods supplied may neither be pledged nor assigned as security. The buyer must inform us immediately of any attachments by third parties and must provide all the help needed to safeguard all rights. The costs oft he intervention must be borne bye the buyer. In the case of stoppage of payments, he must indicate to us the inventory in hand. If our goods are combined with another object, the buyer assigns his rights of ownership tot he mixed goods to us as of now. If our goods are resold, the buyer´s claim on the third party shall transfer to us when is arises, without this requiring a particular transfer document. At our request the buyer must at any time send us a precise list of the claims which have been transferred to us and inform his customers that these have been assigned to us. We have the right to recover this claim on our own behalf and use as much of the amount received as is needed to cover the total claim which is still outstanding. Any excess amount of money will be transferred to the buyer.
 

5. Delivery periods: The delivery periods we specify are non-binding. Fixed deadlines prescribed by the buyer are hereby expressly declined. Claims for compensation of any kind, penalties for delay etc. are expressly declined. If delivery is delayed, cancellation may only be requested after an appropriate period of grace, but no compensation may be demanded. Occurrences of force majeure entitle us to partipal or full annulment of the obligation to supply. Occurrences of force majeure include amongst ohters: Mobilisation, the event of war, discruption or suspension of business, strikes, shortages of raw materials or labour at our premises or those of our suppliers, disruption of traffic, measures taken by the authorities etc. which obstruct, delay or render impossible the manufacture or procurement of the goods. Possible delivery in all these cases is reserved.

6. Suitability for purpose: If parts etc. are supplied in accordance with particular suggestions, designs or drawings, the warranty shall be limited to the fact that the party supplied have been produced according to these documents. No guarantee is accepted as to their suitability for the purpose intended by the orderer or ohter parties, unless special agreements have been made.
 

7. We reserve the right to deliver up to 10% above or below the quantities ordered.
 

8. Extrusion dies, other tools etc., always remain in our sole ownership even if the costs of tools have been partly or fully taken over by the orderer. In no event can the orderer claim the handover of extrusion dies, tools etc. If the orderer has paid only a partial contribution to the costs or if these costs have been fully taken over by us, then we are immediately entitled to the difference in the amount or the full amount for the costs of dies and tools if for any reason the orderer does not accept the ordered goods, or the announced orders or repeat orders do not take place. In no event does an entitlement tot he repayment of the agreed costs exist. The costs of tools and dies and the costs of subsequent modifications must be paid immediately after they have been invoiced, net and without deductions. The costs of modifications shall not be amortised in any event, even if an amortisation has been agreed fort he dies and tools concerned. We do not accept any obligation to accept repeat orders.
 

9. Complaints of an kind or in connection with weight, number of items, quality etc. must be put to us within 8 days oft he receipt of the goods. Faulty goods must be sent back if so requested. If there is proof that we have supplied defective goods, we may a tour discretion either issure a credit or provide for a replacement within a reasonable period of time. We expressly decline any further claims, such as the provision of damages, wages, penalties for delays etc.
 

10. Initial samples: the orderer`s unreserved approval of initial samples rules out any later notification of defects, provided the items supplied are in accordance with the approved initial samples.
 

11. Industrial property rights: If we have to supply items according to drawings, models or samples which are given to us by the orderer, or according to other specifications, the orderer acceptsa guarantee towards us that no industrial property rights of third parties have been breached by the manufacture and supply of these items. In the event the manufacture and supply of items which are being produced according tot he orderer´s drawings, models or samples is forbidden to us by a third party who makes reference to an industrial property right which belongs to him, then without being obliged to examine the legal situation we are entitled to stop the manufacture and supply and request the reimbursement of the costs incurred, whereby any claims to compensation for damages by the ordere rare excluded. The orderer shall pay comensation for any direct damages which accrue from the breach and hence the enforcement of any industrial property rights, and if so requested shall make an appropriate advance payment for any legal costs.
 

12. Export orders: The above provisions also apply to foreign orders. The law applicable in the Republic of Austria shall apply. If the legislation of the country of the orderer should make it difficult to transfer the purchase price to us, or if the currency oft hat country should fall, we are entitled to decline the order with no obligation to pay compensation or to request an appropriate modification of the purchase terms and delivery periods. All disputes arising from the contract in place will be decided according tot he rules of conciliation and arbitration of the International Chamber of Commerce.
 

13. The place of performance for supply and payment is the company´s head office. The place of jurisdiction is Dornbirn.