1) General Remarks
Wandl's Delicatessen Manufactur seit 1888 ("we", "our", "us") is based in 3922 Gross-Schoenau, Lower Austria (EU-Registration Number: AT N-514 EWG, UID-Number: ATU 18966303). We are committed to providing an excellent service.
The following Terms and Conditions of Supply are applicable to all deliveries, services and orders processed by Wandl's Delicatessen Manufactur seit 1888. By ordering and by purchasing from us our clients explicitly accept these Terms and Conditions of Supply as legally binding. Any changes or modifications need to be put into written form and agreed upon by all parties in order to become valid.
2) Shipment and Delivery
We will specify the conditions in which our goods must be shipped and stored. If for reasons beyond our control these conditions are not observed, we are not liable for any impairment to the quality of our goods. Once the goods leave our premises all risks, such as transport risks, quality maintenance etc., are borne by the purchaser. It is our responsibility to ensure that the weight of the goods is as specified as long as the goods are on our premises; once they are despatched, potential loss in weight becomes part of the purchaser's risk. In cases where shipment of goods ready for despatch is not possible for reasons beyond our control or is delayed at the request of the client, we are entitled to charge storage fees.
We shall have no liability to our clients if we are delayed in performing or are unable to perform our obligations to them due to any event outside our control including but not limited to Act of God, act of government and legislation enacted by any government.
Delivery in instalments is admissible should the need for it arise.
In the unlikely event that our products should fail to satisfy, a written complaint must be sent to us immediately upon delivery of the shipment. The complaint must state in what respect our products have been found defective. We will process the complaint as soon as possible.
As soon as our clients have taken delivery of our products they are obliged to check them and to store them appropriately, i. e. in refrigerated storage facilities, at temperatures between +2°C and +4°C.
If the products are not stored appropriately, all warranty is void. Products may only be returned to us after a written complaint has been filed to us stating the reasons for the client's dissatisfaction and after we have consented in written form for the products to be returned to us.
If we acknowledge that our product has been defective, our liability for any such product shall be limited to refunding to the client the price they have paid only for the defective products or, at our option, delivering replacement products to them within a reasonable time limit. We shall have no liability to our clients for loss of profits or loss of contracts or indirect or consequential loss suffered as a result of or arising out of our contract with them or out of any breach of such contract.
Should government or health authority representatives want to take samples of our products, the client is obliged to make sure counter-samples are taken as well, which must be deep-frozen on the spot; we must be notified of the transaction. Should our clients fail to follow this procedure, they become liable for compensation to us with reference to any claims arising out of this transaction.
In the absence of other arrangements agreed upon by the parties the amount due is payable immediately upon receipt of the invoice without any discount. In the case of delayed payment we are entitled to charge interest and handling expenses. We reserve the right to cede claims to third parties.
The purchaser is not entitled to withhold payment because of pending warranty claims.
5) Property reservation
Pending complete settlement of all outstanding bills the products remain our property.
Place of performance is A 3922 Gross-Schoenau, domicile is A 3950 Gmuend, Lower Austria.
These terms and conditions are governed by Austrian Law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of Austria shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the Austrian courts.