General Terms and Conditions

1st. scope and validity:
Unless the contracting parties have expressly agreed otherwise in writing, these “General Terms and Conditions” shall apply mutatis mutandis to all deliveries of products and services.

By placing an order, the customer recognises all provisions of these General Terms and Conditions.
2nd prizes:
All prices quoted in FIANOSTICS price lists or documents are non-binding. Price quotations in written agreements or offers are binding for a period of 30 days from receipt by the buyer. After expiry of this period, the customer is obliged to request new price confirmations or price quotations. Unless expressly agreed otherwise, all prices are ex works, excluding packaging and loading. Value added tax at the respective statutory rate and any other taxes, fees, customs duties and other charges at the time of delivery/service shall be borne by the customer and shall be invoiced to him additionally. The same applies to packaging costs, freight costs and the costs of transport insurance, which we take out at the explicit request of the customer. FIANOSTICS is entitled to unilaterally change the prices if additional costs (including usual general costs and profit mark-up) arise due to design, material and production changes due to customer requests after the original price quotation.

3rd delivery:

For service projects, a mutually binding written schedule shall be drawn up together with the customer. Deviations from this schedule require the written agreement of both parties. All offers from FIANOSTICS are subject to change. All products will be delivered immediately if in stock. Otherwise a written order confirmation will be sent by email or fax with the expected delivery date. Unless expressly agreed otherwise, delivery periods and dates are always approximate. Compliance with the delivery dates and delivery periods is also dependent on compliance with the contractual obligations to be fulfilled by the buyer, such as terms of payment and other conditions. In the event of delays in delivery due to customer request or due to reasons for which the customer is responsible, FIANOSTICS may temporarily store the goods ready for dispatch at the customer’s risk and expense at the production site. In any case, delays in delivery are not the responsibility of FIANOSTICS if they are caused by (i) foreign or domestic embargoes, raids, force major, civil war, war, changes or adaptations of laws, regulations, provisions, judgements or similar. (ii) the absence of normal means of transport, fire, floods, explosions, strikes or other accidents or incidents at the production site of FIANOSTICS, its suppliers or other sites (regardless of the responsibility of FIANOSTICS), which directly or indirectly affect the production, delivery or performance (iii) any delays attributable to the sphere of the buyer In the event of delay in the delivery agreed in writing, a contractual penalty is agreed, which is not to be regarded as a penalty. It shall amount to 1% of the total order value excluding VAT for each calendar day commenced. This contractual penalty shall be deemed to have been agreed if it is not expressly contradicted in writing by the Contractor.

4. payment:

If no other agreement has been made, the agreed price is due for payment within 30 days upon delivery or completion of the project against invoicing by FIANOSTICS GmbH without any deduction in the agreed currency to the account specified by FIANOSTICS GmbH. The day of payment is the day of receipt of full payment on the account of FIANOSTICS GmbH. Cheques and bills of exchange shall only be accepted as payment by special agreement. Associated fees and charges of any kind shall be borne by the customer. The customer is not entitled to offset or withhold payments due due to warranty claims or other counterclaims. If the customer is in arrears with a due payment, FIANOSTICS GmbH may charge him default interest in the amount of 8% above the value of the 3-month EURIBOR at the time of maturity plus processing fees. The goods remain the property of FIANOSTICS GmbH until full payment has been received.

Any prior sale is in favour of FIANOSTICS GmbH.

5. the complaint:

• Products:

In the event of a defect, the customer shall be entitled to demand a reduction in the purchase price or rescission of the contract. No returns will be accepted without our consent. Obvious defects must be reported in writing within 14 days of receipt of the goods, hidden defects within 14 days of their discovery. Later complaints will no longer be considered. The customer is obliged to inform FIANOSTICS before returning the goods and to pack the returned goods accordingly, otherwise FIANOSTICS is entitled to return the goods to the customer at the customer’s expense. FIANOSTICS expressly disclaims any liability for incidental or consequential damages due to defects and limits its liability to the defects specified in this agreement.

• Services:

By accepting the final report, the customer acknowledges the delivery of services in accordance with the agreement, both in terms of content and scope. Complaints after acceptance of the final report will not be accepted.

6. Force majeure:

The occurrence of unforeseeable circumstances or circumstances independent of the will of the parties, in particular all cases of force majeure, entitle FIANOSTICS GmbH to extend the delivery dates and deadlines in accordance with the extent and duration of these circumstances and their consequences without granting the customer a right to withdraw from the contract or a claim for damages. However, FIANOSTICS GmbH is also entitled to cancel the order in whole or in part in the event of such circumstances, without the customer being able to derive any claims for compensation from this.

7. Homepage:

The following declaration applies to all links on the FIANOSTICS GmbH website to other sites on the Internet: FIANOSTICS GmbH expressly emphasises that it has no influence whatsoever on the design and content of the linked sites. FIANOSTICS GmbH therefore excludes any liability for the content of linked pages. Please note the provisions of the user agreement at www.FIANOSTICS.at

8. Final provisions:

All legally relevant declarations of the customer to FIANOSTICS GmbH must be made in writing to be legally effective. Apart from the powers to which FIANOSTICS GmbH is entitled by law or contract, FIANOSTICS GmbH is entitled to withdraw from the delivery contract without setting a grace period if bankruptcy or equalisation proceedings or preliminary proceedings according to the equalisation regulations are opened against the customer’s assets or if a bankruptcy petition is rejected due to lack of assets to cover costs or if the customer suspends payments. The contract and all legal relationships are subject exclusively to Austrian law. The provisions of the United Nations Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 (BGBI 1988/96) shall not apply. The provisions of the version of the INCO-Terms (International Rules for the Interpretation of Commercial Terms of the International Chamber of Commerce) valid at the time of conclusion of the contract shall apply, unless the delivery contract or the present General Terms and Conditions of Sale provide otherwise. The exclusive place of jurisdiction for all disputes arising from and in connection with the delivery contract and the entire legal relationship between the customer and FIANOSTICS is Wiener Neustadt. In the event that individual provisions of these GTC are not feasible or violate legal regulations, the provisions closest to the author’s intention shall be used as a substitute. The remaining provisions shall remain valid in any case.