General Terms and Conditions (GTC) Mark Eco Trade GmbH
Our offers are subject to change; in particular, intermediate sales and economically justified price increases are reserved. Documents relating to the offer, such as illustrations, weights and other dimensions, etc., are only approximate unless expressly designated as binding by Mark Eco Trade. We reserve the right to make changes.
Unless otherwise stated in the offer or cost estimate, the offer or cost estimate shall be valid for 30 days. Mark Eco Trade shall not be bound by obvious errors, spelling mistakes and miscalculations. This applies in particular to errors in the performance description of offers. All offer and project documents may neither be duplicated nor made accessible to third parties without the consent of Mark Eco Trade. They may be recalled at any time.
Subsequent amendments and supplements to this contract shall require written confirmation to be valid.
All orders and agreements, in particular those brokered by our representatives or other agents, only become effective with our written confirmation. The full content of our order confirmation is deemed to have been accepted if the buyer does not complain to us within three days of receipt of the confirmation. The postal route is not included. Any change in the cost situation, in particular raw materials, wages, etc. allows us to adjust the prices to the buyer without prior information.
The purchasing conditions of the buyer are hereby contradicted. You do not commit us.
Unless expressly agreed otherwise, the following applies: Our prices apply unpacked ex works or warehouse. The dispatch of the goods by us is always at the cost and risk of the buyer. Unless the buyer specifically requests a specific shipping method, we choose the shipping method.
Basically, our information about delivery times and dates in offers, order confirmations, contracts and other communications are non-binding and without guarantee.
If, based on a special agreement, we have committed ourselves in writing to an expressly binding promise of certain delivery times and dates, the following applies:
Slightly delayed deliveries as such all delays by no more than 7 days are always irrelevant and do not entitle the buyer to withdraw from the contract or to assert other consequences of delay (compensation, etc.).
Claims for damages due to late delivery, which are based on slight negligence on our part, are completely excluded.
Claims for damages due to late delivery based on gross negligence on our part are limited to a maximum of 10% of the order value.
Delayed deliveries due to force majeure (e.g. natural disasters, strikes, sabotage, traffic disruptions, war, civil war, riots, revolutions) do not constitute grounds for the purchaser’s claims against us.
Official and any third-party water analyses required for the execution of installations shall be obtained by the purchaser. If such water analyses are not carried out in time, the delivery time shall be extended accordingly. Analysis values and calculations by Mark Eco Trade are in principle non-binding, stated values may change in time due to delivery quantities and flow rates etc..
The obligation to deliver shall commence on the date of receipt of the written invoice or on receipt of the order confirmation in the case of separate agreements. A precondition for the commencement of the delivery period is that all technical details deemed necessary by Mark Eco Trade have been clarified.
The buyer is obliged to examine the goods immediately upon receipt. He must notify us of any defects immediately, but at the latest after 5 working days after delivery, by email. The individual defects must be clearly identified in the claim report. An omitted, late or improper notice of defects leads to the expiry of all warranty and damage claims of the buyer from the delivery in question.
Prerequisite for the warranty is proper use, treatment, adequate protection from weather conditions and regular inspection of the equipment or product.
After the complaint has been made, the buyer must cooperate in good faith in clarifying the cause of the defect and securing evidence. In particular, he must enable the persons commissioned by us to examine the delivered goods. Violations of this obligation to cooperate lead to the loss of all warranty and damages claims of the buyer.
The original warranty period will not be extended when replacing or repairing product parts.
All other warranty claims, in particular also claims for compensation for direct or indirect damage, also for third-party damage or for consequential damage caused to other items, are excluded. Also, no warranty for loss of earnings is assured by the seller.
Excluded from the warranty are such defects that arise from arrangement and assembly not carried out by the seller, inadequate equipment, non-observance of the installation requirements and conditions of use, overloading of the parts beyond the performance specified by the seller, negligent or incorrect handling and use of unsuitable operating materials; this also applies to defects that are due to material provided by the buyer. The seller shall also not be liable for damage caused by actions of third parties, atmospheric discharges, over-voltages and chemical influences. The warranty does not apply to the replacement of parts that are subject to natural wear and tear.
The warranty expires immediately if, without the written consent of the seller, the buyer himself or a third party not expressly authorized to do so makes changes or repairs to the delivered items; invoices for this will not be accepted.
Claims for compensation by the buyer against us based on slight negligence are excluded. Claims for compensation by the buyer against us based on gross negligence are limited to the value of the goods as per the invoice. Claims by the buyer based on consequential damage and claims by the buyer due to loss of profit are excluded in any case. Claims by the buyer for compensation against us become statute-barred one year after becoming aware of the damage and the damaging party, but in any case, three years after delivery.
Insofar as claims from the buyer’s warranty and / or compensation for damages are excluded or limited, this also applies mutatis mutandis to claims for contesting errors and shortening by more than half.
Unless expressly agreed otherwise, all prices are quoted in euros effective and ex warehouse or ex works (EXWORK according to INCOTERMS 2020) and do not include any costs for transport or packaging. We are not obliged to take out transport insurance for the goods. The value added tax is always shown separately. If fees, taxes or other charges are levied in connection with the delivery, these shall be borne by the Buyer. If necessary, transport insurance requested by the buyer will be charged separately, but does not include unloading and carrying. We reserve the right to select or change the shipping method and shipper for each individual case. Packaging materials will only be taken back by an agreement before order confirmation. In the event of changes in the legal basis for import duties levied (e.g. customs duties) between order and delivery, Mark Eco Trade may make appropriate price adjustments.
If no terms of payment have been agreed, payments are due according to advance payment or cash in advance. The goods will be delivered after receipt of payment of the invoice amount. In case of partial settlements, the corresponding partial payments are due upon receipt of the respective invoice. The seller retains ownership of all goods delivered by him until full payment of the invoice amounts plus interest and costs.
In case of separate agreements, such as a payment after receipt of the goods (cash on delivery) with delay in payment, or if Mark Eco Trade becomes aware that bankruptcy, judicial or extrajudicial settlement is imminent, execution proceedings are pending, or due to bill protest, lawsuits, etc., there is uncertainty in the financial situation of buyer. If there is uncertainty in the financial situation of the buyer, the purchase price is due immediately after issuance of the invoice. Mark Eco Trade reserves the right in case of default of payment according to the agreed terms of payment to immediately call due all other invoices not yet due and to settle all services rendered until then. In case of default of payment Mark Eco Trade has the right to make further work dependent on pro rata payments. If the buyer is in arrears with the payment of due invoices, we are entitled to make further deliveries and services to the buyer dependent on advance payment or the ordering of collateral or to completely stop further deliveries to the buyer. Discounts or bonuses granted shall be conditional upon timely receipt of full payment. The buyer is not entitled to withhold or set off payments due to warranty claims or other counterclaims. If the buyer does not accept the goods upon written request, the buyer is in default of acceptance. All additional costs (e.g., storage costs, price changes, etc.) will be charged if the buyer does not accept the goods. Offsetting against counterclaims of the buyer is excluded, unless the counterclaims have been expressly recognized by us or have been legally established by a court.
Payments must be made either in cash or by bank transfer to the bank account shown on the invoice. Bills of exchange and checks are only accepted after separate agreement; the mere handing over of a bill of exchange or check does not count as payment.
If payment dates are exceeded, Mark Eco Trade shall be entitled to charge default interest in the amount of 5 percentage points above the applicable prime rate of the European Central Bank (ECB).
For deliveries abroad, unless otherwise agreed, the buyer has to deposit an irrevocable and confirmed letter of credit in the amount of the pro forma invoice relating to the order by the bank designated by Mark Eco Trade.
Payments shall be made without exception to the bank details of Mark Eco trade or to the notified paying agent or to a person authorized in writing by Mark Eco Trade. In order to avoid any additional costs, the payment transaction shall be made by the buyer using the international bank account number IBAN. Possible additional costs incurred by the non-use of the IBAN number can be charged by Mark Eco Trade to the buyer.
If the erection, installation or assembly of the Supplies is carried out by Buyer, the risk or peril shall pass to Buyer when the shipment is made available at the named place of delivery (factory, production plant, warehouse, etc.) at the agreed time (EXWORKS according to INCOTERMS 2020). Shipment shall be made at the best discretion of Mark Eco Trade.
If shipment, delivery, commencement or performance of erection, installation or assembly is delayed at Buyer’s request, the risk shall pass to Buyer. Appropriate insurance coverage shall be provided in such cases exclusively at Buyer’s written request and expense. If carriage paid delivery is agreed, the risk shall pass to the Buyer in accordance with EXWORKS (as per INCOTERMS 2020).
The delivered goods remain property of Mark Eco Trade until they have been paid for in full. A pledge or transfer of ownership of these goods in favor of third parties is excluded without our consent. In the event of attachment by third parties, the buyer must notify us immediately. In the event of mixing or processing of goods that are still our property, co-ownership also arises in cases of § 416 ABGB, whereby we have the right to choose whether we take over the goods under compensation or transfer ownership to the buyer and assert a compensation claim.
In the event that the goods we deliver are resold to third parties, the buyer hereby assigns to us any claims that may arise from the resale to third parties (“extended retention of title”). In the event of a resale, the buyer undertakes either to properly record the assignment to us in his books (“book note”) or to provide the third-party debtor with evidence of the assignment. Any assignment fees are borne by the buyer.
In addition to these terms and conditions, the commercial customs established by the Austrian Chamber of Commerce are deemed to be agreed. You and these General Terms and Conditions are the content of every purchase contract concluded by us with the buyer. In the event of contradictions, our terms and conditions take precedence over the commercial customs established by the Austrian Chamber of Commerce.
Deviations from these terms and conditions and other contractual content only apply if they have been agreed with us in writing. This also applies to a departure from this written requirement. The ineffectiveness of one or more provisions of these terms and conditions or other contractual provisions does not affect the effectiveness of the remaining provisions. Such ineffective conditions are to be replaced by conditions that come as close as possible to the content of the ineffective conditions.
The place of performance for the services of both contracting parties is Graz. The Graz court is responsible for all disputes arising from or in connection with our contractual relationship with the buyer. Regardless of this, we have the right to use any other legally required place of jurisdiction instead of the place of jurisdiction mentioned above.
Austrian law is applicable to the entire contractual relationship with the buyer; this to the exclusion of the UN sales law.