These are in particular official interference, prohibitions, delay of transport and customs clearance, damage by transport, energy and rawmaterial absence, labour dispute and failure of an important subcontractor. The mentioned circumstances also entitle to re-determine the date of delivery, when occur at any subcontractor.
4.5 Utilization and perils pass over from the seller to the buyer with dispatch of the delivery ex works.
4.6 The dispatch takes place for the account and at the risk of the buyer, even though it is free from transportation charges.
5.1 All payments have to be sattled in cash, without any deductions and free of charges. Checks and bills of exchange are only accepted by a specific arrangement and in place of payment. Collection and dicount charges are on buyers account. The seller can refuse offered payments by check or bill of exchange without stating a reason.
5.2 Summation of cross claims or the retention of payments for any other reason on the part of the buyer are undue.
5.3 The seller is entitled to charge 12% default interest p.a. at exceedance of the term of credit, at loss of acceptance and at loss of appointed time. In case of default the buyer is bound to pay duties for intervention in addition to this default interest.
5.4 Loss of appointed time occurs, if a payment defaults for more than 8 days. As a result all remaining rates fall due immediately at part payment and paying by instalment. It also occurs, if the buyer defaults for more than 8 days with the handover of contractual agreed bills of exchange. Loss of appointed time entitles the seller to withdraw from the contract and demand claim of damages from the buyer.
6. Warranty, guaranty, liability
6.1 The seller ensures the accuracy of the object of purchase according to the state of the art only with compliance to the agreed terms of payment during a period of 6 month.
6.2 The warranty can take place at the buyer’s option either by repair of the object of purchase or replacement of the freight paid sent parts. The buyer has the obligation to return the replaced parts freight paid. The replaced parts exchange into the property of the seller. If these replaced parts are not returned within a 4 week period after dispatch, the seller is authorized to invoice the parts in full. For delayed parts a duty for manipulation at minimum 10% of the goods value is charged.
6.3 No warranty is provided for objects, which under normal use are subject to particular wastage.
6.4 For wholesale dealings any warranty or guaranty is excluded. Compensation for indirect or consequential damage is not warranted. Warranty expires, if the object of purchase has been modified by external party or by installation of parts from external origin and if the damage is linked to this modification in causal connection. Warranty expires also, if the buyer does not follow the regulations of transport about conditioning the object of purchase. Damages, which result from abnormal use or careless conditioning, are excluded from any warranty.
6.5 No warranty is provided for any used equipment, if not otherwise expressly agreed in the contract of purchase. Warranty claims will only be considered, if they are denoted immediately after statement of the default. Any recourses receivable from product liability are excluded.
6.6 Warranty is cancelled out in particular if the origin of the equipment is unreproducible because of missing work- and serial numbers.
7. Right of cancellation
7.1 Is the contract revoked by the buyer or cancelled for a reason which entitles cancellation according to the law, the seller is allowed to demand a cancellation charge amounting to the lost profit and not less than 20% of the purchase price.
7.2 Independent from his other rights the seller is entitled to cancel the contract of purchase, if a.) the fulfillment of the delivery and accordingly the start or continuation of the service is impossible for reasons, the buyer has to account for, or delayed despite the settlement of appropriate extension of time, b.) concerns regarding the creditworthiness of the buyer have emerged and he neither settles any payments in advance nor provides any capable security on the seller’s demand or c.) any extension of the period of delivery because of circumstances named at point 4.4 in total amount more than half of the agreed time to delivery date.
7.3 The cancellation by the seller can also be stated in terms of open portions of the delivery or services for the above mentioned reasons.
8. Industrial property rights and copyrights
8.1 Any documents like concepts, drawings, technical documentations, patterns, catalogs, brochures and illustrations always stay in the intellectual property of the seller and are subject to respective legal restrictions concerning duplication, imitation, competition etc.
8.2 The seller is entitled to all copyrights on the agreed services and products of Amatic Industries (gaming software, names and description of equipment). The clause 8.1 is also effective.
9. Court of jurisdiction and law
9.1 The statutory regulations applicable to registered merchants are exclusively those in force under Austrian law. This is the case also when the order is carried out outside of Austria.
9.2 In case of conflict, it is agreed that only the responsible court in the seller’s place of business is Wels and has jurisdiction independent of the value of claim.