1. Conclusion of the contract
1.1. These terms and conditions apply to all contracts, orders, and quotations to the exclusion of all other terms and conditions which the Buyer may purport to apply. The terms “Buyer” refers to the customer and “Supplier” refers to TiroTool.
1.2. Price quotations are valid for 3 months and are not always binding. For contracts which include orders, quotations are valid when TiroTool confirms acceptance in writing. In some cases due to delivery requirements of the Buyer, TiroTool will not give a written confirmation. In these cases the shipping of goods is contractually binding.
1.3. In the case of specially manufactured tools the following may happen in that there could be an under-over delivery of tools of the agreed order:-
Up to 4 pieces = 1 piece
From 5 – 11 pieces = 2 pieces
From 12 – 30 pieces = 3 pieces
Over 30 pieces =10%
1.4. In the case of specially manufactured inserts following may happen in that there could be an under-over delivery of tools of the agreed order:-
Up to 4 pieces = 1 piece
From 10 – 199 pieces = 10% of the quantity ordered
From 200 pieces = 5% of the quantity ordered
1.5 In either 1.3 or 1.4 the Buyer shall take delivery of the tools whether or
not the quantity delivered is either greater or less than the quantity ordered provided that the Price shall be adjusted pro rata
2.1. Prices are ex works Innsbruck excluding packaging, carriage and shipping insurance.
2.2. If the supplier experiences an increase in costs within the period of the contract, it will first ask the Buyer to accept this increase as a variation of the Price. If the Buyer does not accept the increase the Supplier reserves the right to withdraw from the contract.
2.3 Till an order value of €250,00 we need to charge €15,00 handling fee.
3.1. The Buyer is responsible to provide accurate order information such as delivery address, invoice address etc. Terms for delivery are binding from when all details have been confirmed by the Buyer with the Supplier’s sales office. Only at this stage is the required delivery date valid.
3.2. Meeting agreed deliver dates is a priority for the Supplier but delivery dates are not guaranteed; There may be situations where we require an extension of the delivery date and the Buyer shall not unreasonably refuse to extend the delivery date in these circumstances (which include those which are out of the Suppliers control). Where after if the Supplier has not been able to meet the extended delivery date the Buyer may cancel the order. Additional claims from the Buyer because the supplier has not met an agreed delivery date are not valid.
3.3. The Buyer agreed to accept part shipments. Part shipments may be made where it is economically viable to do so.
3.4. The Buyer takes over the liability for or the risk in the goods as soon as the goods leave the Suppliers works. This includes consignments where the Supplier has handled the shipping on behalf of the Buyer.
3.5. The goods will be insured against damages in transit by the Supplier only at express request of the Buyer, and at their cost.
5.1. Standard payment terms are 30 days from the date of invoice, or 2% discount within 14 days.
5.2. Payment for Sub-contracting or regrinding orders are due without deduction on completion of the order.
5.3. We are entitled to calculate interest at the rate of 12% as a default payment penalty calculated from the invoice date
5.4. At the Suppliers option valid reasons for non-payment will not be subject to the default payment penalty.
6. Retention of title
6.1. The risk in the goods shall pass from Supplier to the Buyer upon delivery of such good to the Buyer. However notwithstanding delivery and passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Supplier has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this.
The Supplier gives the following warranties for defects as to quality, excluding further claims save as provided in section 8 is as follows;-
7.1. The goods shall be supplied in accordance with the description contained in the Suppliers specification and manufactured in accordance with all appropriate European standards and regulations.
7.2. The Supplier may make changes in the specification of the goods which we are required to comply with applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
7.3. The Buyers only claim or remedy for breach of warranty as to fitness is (at the Supplies option) the repair of goods or the replacement of them by faultless goods.
7.4 To benefit from this warranty the Buyer shall inform the Supplier of all
defects immediately upon detection and in any event within 30 days of delivery
8.1. As to other damages not directly related to the delivered goods the Supplier is liable only if done intentionally, or in case of an act of gross negligence committed by a corporate officer or a director or a culpable hurting of life, health body injury or fraudulent concealment of defects or guaranteed absence of such defects, or for defects of the delivered goods subject to the copy of Product Liability Act for personal injuries and damages to property regarding goods for private use. As to negligence violation of substantial contractual obligations, the Supplier is liable also for gross negligence committed by non-exempt employees and for slight negligence. In the latter case liability is limited to the damage typical for such contract and reasonably foreseeable Other claims whether for consequential loss, loss of profit or other financial loss are expressly excluded.
9 Final additions
9.1. Place of execution for the mutual legal relation is Innsbruck
9.2. However we are also entitled to litigate at the seat of the customer.
9.3. Should there be an amendment of law or regulations whereby part of these terms and conditions experiences a change of legalisation, the validity of the remaining terms and conditions shall not be affected. The contractual parties are committed to find new terms where necessary, which would or as similar to the old terms as possible.
9.4. Austrian law shall apply, unless the parties agree otherwise