I. General information
These General Terms and Conditions of Business (GTCBs) apply to all contracts between Inject Star Maschinenbau GmbH (hereinafter referred to as “Inject Star”) and its contractual partners unless otherwise stipulated in writing. These GTCBs also apply in cases where no special reference is made to them. The application of the contractual partner’s GTCBs is excluded unless these GTCBs are explicitly recognized in writing. Fulfillment of the terms or silence on the part of Inject Star does not constitute acceptance of the contractual partner’s GTCBs.
If individual provisions of these GTCBs should be ineffective or non-enforceable, the remaining provisions shall continue to remain in force. In this case, the ineffective or non-enforceable provision is replaced with a provision that economically resembles the ineffective or non-enforceable one as closely as possible.
The contractual partner takes notice that employees or third parties working on behalf of Inject Star are not entitled to make promises deviating from the contractually agreed obligations regarding the main performance.
Inject Star is entitled at any time to correct obvious errors such as writing and calculating errors in offer acceptances and similar written documents and to inform the contractual partner of them.
Inject Star is entitled to change the GTCBs and agrees to inform the contractual partner about these changes and about when they go into force. The change to the terms and conditions goes into force unless the contractual partner objects to it within a month of receiving the GTCBs.
II. Conclusion of contract
A legally binding contract comes about only if Inject Star issues an order confirmation accepting the contractual partner’s offer of contract, where this offer has a minimum term of 8 days. Sending off the goods that were ordered by the contractual partner is also deemed to be an order confirmation and causes a contract to come into being.
All prices indicated by Inject Star are net prices, i.e. they do not include tax and charges. In addition, purchase prices do not contain any costs for delivery, assembly or setup. These services are performed either by Inject Star itself or by a third company in return for a separate payment. For transport or delivery, the expenses actually incurred are billed and include the transport insurance complete with a reasonable surcharge for overhead expenses, but at least the freightage or cartage applicable or usual on the date of delivery for the type of transportation selected. Installation procedures are billed by time expended, with a man-hour rate usual in the industry deemed to be agreed.
Repair orders must be issued in writing and the mechanic must be paid directly in cash. Spare parts are delivered on advance payment. Once delivered, spare parts cannot be exchanged.
IV. Terms and conditions of payment, interest on arrears
Barring an agreement to the contrary, the receivables of Inject Star must be paid in cash as and when the goods are handed over. Cash discount deductions require a special agreement. In case of late payment even with installment payments, any and all cash discount agreements become completely inoperative. The contractual partner’s payments are not deemed rendered until the time at which they arrive in the business account of Inject Star.
If the contractual partner is late with payment, Inject Star is entitled to claim either compensation for the loss actually incurred or interest on arrears in the scope legally stipulated in Article 456 Austrian Enterprise Code (UGB). The contractual partner is not entitled to offset its outstanding accounts against outstanding accounts of Inject Star.
V. Delivery, transportation, delay in acceptance of goods
If the contractual partner fails to accept the goods as contractually agreed and a delay in their acceptance occurs, Inject Star is entitled – after having set a grace period to no avail – either to store the goods at its facility and charge a storage fee of 0.1 % of the gross billed amount per calendar day commenced for this service or to store the goods at a duly authorized commercial company at the contractual partner’s expense and risk. At the same time, Inject Star is entitled either to insist on contract performance or, after having set a reasonable grace period of at least 2 weeks, to withdraw from the contract and to realize the goods in some other manner.
VI. Withdrawal from the contract
In addition, Inject Star is entitled at any time to withdraw from the contract for good reason if the contract has not already been performed in full by both sides. Good reasons include in particular the initiation of insolvency proceedings, company reorganization proceedings or some other similar proceedings or a rejection of applications for same due to lack of resources to cover costs or an inability to pay, which means there is a threat of proceedings of these kinds being initiated and of the contractual partner defaulting on payment.
In case of withdrawal, Inject Star is entitled to claim lump-sum compensation of 15 % of the gross billed amount or compensation of actually incurred losses.
If the contractual partner defaults on payment, Inject Star is additionally discharged from all further performance and delivery obligations and entitled to withhold any outstanding deliveries or performances and to demand advance payments or the furnishing of security. Moreover, the contractual partner agrees in the event of late payment to compensate Inject Star for any dunning and collection charges in accordance with the Ordinance of the Austrian Federal Ministry of Economics and Labor on the Maximum Rates of Compensation due to Collection Institutions.
If the customer withdraws from the contract unjustifiably or sues for its cancelation, Inject Star has a choice of insisting on contract performance or agreeing to the cancelation of the contract. In the latter case, the contractual partner agrees to honor Inject Star’s choice of one of two options and either to pay lump-sum compensation of 15 % of the gross billed amount or to pay the actually incurred loss.
VII. Performance, delivery, minor changes to performance
Inject Star is not obligated to carry out the performance until the contractual partner satisfies its obligations that are required for the performance, particularly all the technical and contractual details, preliminary work and preparatory procedures and has rendered the advance payments in accordance with the order confirmation.
VIII. Acceptance, handover
Unless otherwise agreed in writing between the contracting parties, the place of payment and performance is the registered office of Inject Star, where the acceptance/handover procedure also takes place.