GENERAL TERMS AND CONDITIONS OF DELIVERY FOR LOHN ANODISATION AND
COLORAL®POWDER-LAMINATION
1. General:
Insofar as no special conditions have been individually negotiated and confirmed in writing by us, the following Terms and Conditions of Delivery
shall apply as agreed, whereby the Buyer shall declare his express agreement on being awarded the contract. Own terms and conditions of
purchase of the buyer are not accepted by us and thus do nor form components of this contract.
2. Bid and Contract Conclusion:
All orders, agreements, supplements, amendments and side agreements, also by telephone, shall only be binding for us if they have subsequently
been confirmed in writing, unless in an individual case, we agree to carry them out without the need for a written agreement.
3. Prices:
Our prices pursuant to the price lists valid in each case, as well as all our price offers apply without obligation and shall be understood to be ex works
in Molin. The prices are based on the current feature costs. If these should change we reserve the right to amend these prices up to the time of
delivery accordingly.
4. Delivery:
Transport is always at the risk of the buyer, even if carriage paid delivery has been agreed. The buyer shall assure orderly and short-term loading
and unloading at his premises. We do not cover any transport insurance for delivery and collection transportation of the products to be processed.
The buyer shall assure all measures that assure a damage free transport of the materials to be collected and protection of the anodised or laminated
products following the re-delivery as well as during the processing, assembling and ensure protection from damaging influences on the construction
site. We may make partial deliveries, and invoice them separately upon delivery. The delivery slip must be in two copies, of which one copy is for the
recipient of the delivered products and the second copy, signed in confirmation by the recipient, is to be sent to the supplier.
5. Storage Information:
Stains can be formed on the upper surfaces for example by changing effects between hot-cold-sunshine-rain etc. the client also must thus urgently
ensure a suitable storage for already processed products.
6. Conditions of Payment:
Payment must be made net to our company on receipt of invoice without deduction. On delay we receive the right to charge bank rate delay interest.
It further applies that this is replacement of all dunning and collection costs. Bills of exchange are only accepted principally after agreement. The
buyer may neither refuse payment on grounds of possible defect claims not recognised by us not apply offsetting. In special cases we reserve the
right to make delivery only on pre-prepayment or by cash on delivery.
7. Delivery Dates:
Delivery dates apply after final determination of the written confirmation of the order and are unbinding. Operational and traffic disturbances,
difficulties in provision of power and materials, defective machinery, lack of staff, accidents, strikes and other forces majeure release us from the
agreed delivery date as well as from the complete conclusion of the contract, without the buyer being enabled to make any claims of any kind, in
particular claims on delays or (partial) impossibility. The non-adherence to a delivery date on grounds of forces majeure shall be announced in
writing within an appropriate deadline.
8. Packaging:
We shall charge for packaging materials we supply.
9. Guarantee, Liability and Fault Reporting on Lohn Anodisation and Coloral®-Powder Lamination:
Under the condition of a thorough cleaning and further cleaning taking place twice a year pursuant to GRM-regulations (Gütegemeinschaft für die
Reinigung von Metallfassaden e.V.) (Benefit community for the cleaning of metal facades), carried out by a GRM member as well as documented in
writing and brought to the attention of Piesslinger immediately (that is to say within a month), we provide a maximum guarantee of 5 (five) years from
delivery by Messrs Piesslinger for Lohn anodisation pursuant to ÖNORM C 2531 and for Coloral®-Powder lamination pursuant to GSB AL 631
(international quality regulations for the lamination of construction parts in aluminium). Defects that arise from the use of the products in the maritime
sector, or other aggressive emission areas of use (such as for example in thermal/swimming pools or under the influence of industrial or other
aggressive issue sources) are not included in the conditions of the guarantee. In these cases the literature recommends preference for anodisation
or at least a pre-treatment prior to the powder lamination, which if applicable must be ordered separately by the Client. In general damages are
excluded from the guarantee, which are caused by filiform corrosion or corrosion in general. For damages occurring from, for example, uneven
exposure to sunlight, or other surrounding or environmental conditions, no guarantee or liability is in place. Claims of the Buyer, which are outside
the named norms, respectively our required information from the Buyer release us from adherence to the named norms and any consequences of
this. No guarantee is given for resistance to light of the pigmentation or powder lamination. Only the level of resistance to light of the colouring works
can be given, which can be achieved by adherence to all the necessary conditions. Slight colour differences, caused by special work procedures or
mechanical processing or differences in the level of shine are deemed as contractually agreed and must be accepted and do not apply for free
further processing. The regulation VdL-RL 10 “permitted colour tolerances” in its valid version in each case shall apply for permitted colour
tolerances to RAL colour schemes. This applies exclusively to sample sheets under standardised laboratory conditions, not to finally laminated
structural elements.
The products must be inspected immediately after delivery. Any defects determined must also be sent to us in writing immediately, by latest 8 days
after delivery, however, giving information of the type and range of the defects.
Hidden defects must be criticised immediately after their discovery. If a defect criticism is not raised in time, the products are deemed to be accepted.
The application of guarantee or damage compensation claims on grounds of the defect as well as the right of avoidance on account of errors are
excluded in these cases.
The guarantee term is 6 months for movable objects and 6 years for immovable objects, both from the date of delivery/service.
In the event of orderly defect criticism we have the opportunity to check or have checked the criticised defect at its location. Without our express
agreement nothing may be changed in the event of the loss of guarantee claims on the criticised object. Criticised parts must be sent to us
immediately on demand. The Contract Partner must always prove that the defect was already in place at the time of the handover. The legal
assumption that a defect that comes to light within the first six months after the handover was in place already at the handover, is expressly waived.
In the event of justified defect criticisms that we are in agreement with supplementary processing free of charge will be done, where we need to be
granted an appropriate deadline. Apart from in cases where the law regarding the right to change is in place we reserve the right to fulfil the
guarantee claim at our choice, by improvement, exchange or a decrease in price. For supplementary improvements the legal guarantee condition
shall apply. Replacements for material and processing, lost profits, disassembly costs, supplementary costs on grounds of defects or other slightly
negligently caused damage compensation/penal claims etc of the Buyer are excluded. Costs caused by unjustified notice of defects, are for the
account of the Buyer. In the event of delivery of bad materials that cannot be anodised, respectively defective and inappropriately processed
material, liability for anodisation respectively the lamination is waived. Extra costs, which stem from the condition of such materials, shall be invoiced
separately. No payment refunds are made for any processing waste through change of shape, or for any harm to the measurement or fitting
precision of moveable parts. No liability is taken for small parts up to 3% waste and missing amounts. No obligation to remove defects is in place if
the Buyer does not fulfil his payment obligations. The guarantee does not apply to defects that occur from bad maintenance, unsuitable or
inappropriate use, excessive use, repairs by unauthorised people as well as though normal use. The buyer is responsible for the information
respectively description of processing type and colouring of the contracts. As, for example in the case of ANOLOK- and SANDALOR-anodisation the
colours depend on the material, the Buyer is obliged to determine the appropriate type of anolok or Sandalor capable alloy of a quality to be
anodised. Delivery of unsuitable material exempts any guarantee or liability from us. Absolute compliance in colour cannot be realised for material
and technical process reasons. Before carrying out an order, for example in an ANOLOK or SANDALOR-process, the Buyer must from the original
materials of each commission prepare brightness tolerance patterns and submit these to the architect and client for approval. These light or dark
limits are binding for acceptance.
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In the projection and assembly the colour nuances occurring must be allowed for. To determine the colour tones for powder lamination the
RAL-colour card is principally binding. On the use of unsuitable cleaning materials and aids our guarantee expires and we also take no liability. We
are also not liable for transport damages.
10. Damage Compensation:
Apart from damages to person we are only liable if the claimant can prove gross negligence at the least.
Damage compensation claims become time-barred in 6 months of knowledge of damages and the injuring party, in any case in 6 years after the
provision of the service or delivery.
11. Produce Liability:
Any claims to damages made against us under the name of “product liability” in the sense of the PHG (Product Liability Law) are excluded, unless
the damage claimant can prove that the error has been caused in our area and we are at least Proved to have been grossly negligent.
12. Retention of Proprietary Rights: All deliveries are made under the retention of proprietary rights. The proprietary rights only transfer to the
Buyer, when he has paid the purchase price pursuant to the written confirmation of the order/delivery slip.
13. Place of Fulfilment and Place of Jurisdiction:
The place of fulfilment for delivery and payment is Molin. The place of jurisdiction is Steyr. This applies also for claims in the bill of exchange, cheque
and certification process. Exclusively Austrian law shall apply under exclusion of the provisions governing the applicable law of the International
Private Law and the UN Purchase law.
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