General terms and conditions (purchase and sale conditions)

The general terms and conditions of Spring Components GmbH apply to our customers and are formulated accordingly.
If we order from our suppliers in our role as a customer, then we see it as our obligation to also comply with these terms and conditions.

1
Unless otherwise agreed in writing, these terms and conditions apply. Additions or changes require the written consent of Spring Components GmbH. Our contractual partner accepts these terms and conditions. The contract language is German. The terms and conditions are published at www.springcomponents.at. In the following, the company Spring Components GmbH is referred to as “contractor”.

2.
Our offers are non-binding. A contract is only concluded after a written order confirmation. Should fixed prices, which were the basis of the offer, change, the offer loses its validity. If the ancillary wage costs change due to changes in collective agreements in the industry or due to internal agreements or other costs necessary for the provision of services such as those for materials, energy, alloy surcharges, transport, external work, financing, etc., we are entitled to adjust the prices accordingly. (Contractual partner will be informed immediately) à see point 16.

3.
The goods remain the property of the contractor until full payment (including any ancillary costs such as transport costs, interest on arrears, etc.).

4.
In the event of default in payment, the contractor is entitled to interest of 9.2% points above the base interest rate in accordance with §§ 456, 458
UGB, operating costs. The total amount of the invoice for the service provided must always be paid, the contractor does not accept partial payments, unless otherwise agreed.

5.
The specified place of delivery is to be used as the place of performance for services under this contract.

6.
The competent and local court at the registered office of our company is responsible for deciding all disputes arising from this contract. Until further notice, the District Court of Bruck/Mur.

7.
Terms of payment are 14 days net without deduction, unless otherwise agreed in writing.

8.
The customer accepts an excess or short delivery of +/- 10%.

9.
The contractor is free to commission subcontractors within the framework of the applicable QSV and GHV.

10.
All parts/packaging units produced by the contractor are not marked. Labeling must be agreed separately in special cases and will normally be charged separately. The packaging will not be taken back unless otherwise agreed in writing.

11.
The contractor must be informed by the customer if the products have to be reworked by the customer. The contractor does not assume any costs for rework, unless otherwise agreed in writing.

12.
The customer must check the goods immediately and report any defects in writing within 5 working days at the latest; In the case of obligations resulting from non-performance or poor performance, the contractor is responsible for choosing the means, in particular between conversion, improvement, reduction, restoration (§ 932 ABGB).

13.
Liability for consequential damage, standstills and penalties is generally excluded. In the event of a delay in delivery, the client is obliged to issue a reminder to the contractor. Penalty payments are excluded, especially if the fault lies with raw material suppliers or subcontractors. Under no circumstances is the contractor liable for slight negligence.

14.
The contractor assumes no liability for the construction specified by the customer, nor for errors in drawings and delivery documents. The customer must ensure that drawings, samples, descriptions, information, standards, etc. are made available to the contractor.

15.
In the case of cancellations, the client bears the costs incurred up to that point. Cancellations must be in writing.

16.
The agreed prices are recorded on the order. The order is confirmed in writing, in the form of an order confirmation. à see point 2

17.
Delivery dates are the contractor’s dispatch dates, unless otherwise agreed in writing.

18.
The customer bears the transport costs and any costs of transport insurance, unless otherwise agreed, especially for fast, express and special transports. In the case of fast, express and special transport, a written agreement is required, if necessary a written order if the contractor is to bear this.

19.
In principle, the contractor produces according to the applicable and relevant standards, in particular according to the relevant quality and raw material standards.

20.
Quality audits at the contractor are basically possible and desirable, but require an appointment with the relevant employees, especially from the quality assurance department.

21.
All costs in connection with the disposal of packaging material are covered by the license fee through our license with the ARA. Claims arising from the disposal of packaging material are covered by our license fee.

22.
The standard is the Quality Assurance Agreement (QSV) that can be accessed on our website, unless otherwise agreed in writing.

23.
The non-disclosure agreement (GHV) available on our website is the standard, unless otherwise agreed in writing.

Status: October 2021
The management