GENERAL TERMS AND CONDITIONS for export

August 2022

1. Packaging
The systems are delivered disassembled into transport sizes.
2nd prize
The offer value does not include VAT, assembly, commissioning and training of operating personnel.
3. Payment
3.1. Bank details
RAIFFEISENLANDESBANK UPPER AUSTRIA A-4020 LINZ
IBAN code no.: AT69 3400 0000 0166 2188
BIC (Swift): RZOOAT2L
3.2. late payment interest
If the payment deadline is exceeded, we charge default interest of five percentage points above the base rate from the first day of the delay, but at least 12.0% p.a.
4. Warranty
For brand-new systems and/or machines, a warranty of twelve (12) months is provided in accordance with the conditions of point 8. Acceptance, but no longer than eighteen (18) months after receipt of notification of readiness for dispatch, with the exception of wear parts, improper handling or on-site work provided devices. The warranty conditions of OMEC Othmar Mitterlehner suppliers apply. The guarantees are carried out exclusively by the manufacturer or their responsible dealer in the delivery country. In no case by the supplier OMEC Othmar Mitterlehner.
5. Consequential damages
Unless otherwise provided in these conditions, the seller’s liability to the buyer for production stoppages, loss of profits, loss of use, loss of contract or any other economic or indirect consequential damage is excluded.
6. Requirement of written form
Change requests from the buyer during the planning and production period lead to price and deadline adjustments and are only considered agreed if they are received by us in writing and confirmed by us.
7. Assembly and commissioning
(if agreed in the order)
7.1. Assembly
Assembly is carried out in accordance with general industry practice. The assembly services are billed based on actual effort or in accordance with a separate agreement and are ordered separately. If there are delays in assembly that are not the fault of the seller, the buyer will be billed for the additional costs based on actual effort. The buyer must ensure that the requirements for assembly are met.
7.2. Installation
Commissioning is carried out in accordance with general industry practice. For commissioning, the buyer will provide the personnel required to operate and feed the system. Commissioning will only be repeated if significant defects occur in the system (significant defects are those defects that prevent the contractually agreed use of the system and/or do not provide the expressly promised properties of the system and/or could endanger personnel).
8. Acceptance
After commissioning, acceptance takes place and is recorded in the acceptance protocol. In any case, significant defects must be remedied before the system is handed over to the buyer. Insignificant defects are noted in the acceptance report, but do not prevent acceptance. However, these must be remedied by the buyer after a date to be mutually agreed by the contractual partners or within a reasonable period of time. With the signed acceptance protocol (the date of signing by both contracting parties is relevant), the risk of the system is transferred to the buyer and the warranty period begins; from this point on, the system may be operated independently by the buyer. If commissioning is not possible for reasons for which the seller is not responsible, the readiness for commissioning will be reported to the buyer. If there is no commissioning and therefore no acceptance of the system within 60 days of notification of readiness for commissioning, the acceptance is deemed to have been completed and successfully carried out. If no commissioning is carried out on site at the customer’s site, the acceptance of the machines and the countersigning of the delivery note is considered acceptance.
9. Documentation – complete machine/system
In accordance with the statutory provisions, the scope of delivery and services listed above is a complete machine/system.
The technical documentation therefore includes:
– CE marking if available
– EC declaration of conformity (in the official language of the operating country) if available
– Operating instructions (according to OMEC supplier Othmar Mitterlehner)
– Documentation for installed components (in German and/or English), if available
– Safety instructions & Residual risks (according to OMEC supplier Othmar Mitterlehner)
– Spare parts catalog (in German and/or English via manufacturer) if available
– Documentation for components that are not included in the operating instructions according to MRV 2006/42/EC, depending on the availability of the manufacturer.
Scope of delivery:
– 1x in paper form or 1x digital if available
The CE marking only applies to the machine/system in the condition in which it is placed on the market. Parts and/or interventions subsequently carried out by the buyer will not be taken into account. The final version of the commissioning documentation (including operating instructions, maintenance instructions, spare parts lists, etc.) will be delivered to the buyer no later than eight weeks after commissioning if he requests them separately.
10. Competing Terms and Conditions:
Differing conditions from the buyer do not become part of the contract; Buyer conditions and order confirmations with different content are contradicted without exception.
11. Miscellaneous
The seller reserves the right to replace parts contained in the specific machines/equipment with equivalent or better ones.
12. Severability clause
12.1.If general terms and conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains valid.
12.2.If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions. In principle, the invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come closest to the economic objective that the contracting parties were pursuing with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.
12.3.The contract is invalid if adherence to it takes into account the provisions of paragraph 12.2. proposed change would constitute an unreasonable hardship for a contracting party.