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General Terms of Service

Scholz Rohstoffhandel Gmbh - General Terms of Service

(purchasing)

1. Binding nature of our conditions:

The following conditions shall apply to all deliveries. Deviating conditions shall only be binding for us provided they are confirmed by us in writing. The acceptance of goods, provision of services, and receipt of payments without reservation on our behalf does not imply the acceptance of deviating conditions.

2. Offer & contract:

Our offer remains subject to change. A contract shall only become valid upon submission of our written acceptance. Changes to or cancellation of the contract shall only become valid upon submission of our written acceptance. Declarations & complaints on behalf of the supplier following signing of the contract shall only be valid if submitted in writing.

3. Execution of deliveries:

The seller shall be obligated to declare the agreed delivery quantities according to their type and to deliver in time accordingly.
If the seller is not capable of keeping the delivery deadline, then we must be informed immediately.
In case of force majeure, we may completely or partially cancel the contract or demand execution at a later time, without this resulting in any claims on behalf of the seller against us.

4. Shipping:

All shipping papers must display the order number, an exact indication of material type, delivery weight, the address of the supplier, the contract number, and the receiving office.
In case of deliveries by rail, only absolutely clean rail cars may be used.

5. Weight:

The weight and materials determined upon receipt shall be authoritative for invoicing.

6. Payment:

Provided nothing else has been agreed to, payment must be made on the 20th, but no later than the 30th of the following month after the goods are received by the receiving office, railway station, or port.

7. Guarantee:

All parts that are rendered unusable or damaged due to material, production, or design flaws must be replaced immediately by the seller at his own cost, including all possible resulting auxiliary costs. In urgent cases or in case the supplier is unable to meet these obligations in time, we shall be entitled to procure a replacement at his cost and correct resulting damages.

Concealed defects may also be enforced later in the amount of the equivalent value of the defective goods delivered or a replacement delivery.
In case scrap material is delivered, it is required that the goods have been examined for potentially explosive vessels. For damages that that result due to such materials, the seller shall be liable in full. This type of scrap must be free of all components that may be damaging during smelting. All types of material must be free of pollutants, foreign particles, and radioactivity, and they may not exhibit excessive rust or corrosion. A mixture of multiple types of material may not be accepted.

Suppliers must take the necessary precautions and examine accordingly to avoid radioactivity or other contaminated scrap in excess of permitted thresholds. In case radioactivity that is considered unable to be accepted according to national and local administrative authorities is present, then the sender shall be obligated to collect the material and/or to accept the disposal costs. We reserve the right to make own claims to compensation for damages. The seller shall release SRH from enforcement of all possible third-party claims to compensation for damages and all related costs.

The seller must ensure that the directives of the EU Waste Shipment Ordinance are able to be upheld.

8. Suspensions:

The seller must allow suspensions to be enforced against him. The suspensions may be determined by the purchaser by telephone or in writing.
The purchaser must be informed of lots being loaded or currently underway immediately after the suspension is announced.

9. Court of jurisdiction and applicable law:

For purchases and sales, exclusively the laws of the Republic of Austria shall apply. Application of the Uniform Law on the International Sale of Goods and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
The court of jurisdiction for both parties shall be Vienna, Austria.

10. Final provisions:

Other delivery conditions shall only apply insofar as they conform with our conditions as described here, although in case of doubt, our conditions shall be authoritative in terms of wording and interpretation. Non-confirmation of these conditions is synonymous with their acknowledgement.

General Terms of Service

Scholz Rohstoffhandel Gmbh - General Terms of Service

(sales)

1. Binding nature of these conditions:

The following conditions shall apply to all deliveries. Deviating conditions shall only be binding for the seller provided they are confirmed by the seller in writing. The acceptance of goods, provision of services, and receipt of payments without reservation does not imply the acceptance of deviating conditions.
The applicability of any possible purchasing conditions of the seller are herewith explicitly rejected, provided these deviate from the seller's general sales and delivery conditions.
Non-confirmation of these conditions is synonymous with their acknowledgement.

2. Offer and contract:

Offers remain subject to change. A contract shall only become valid upon submission of the seller's written acceptance. Changes to or cancellation of the contract shall only become valid upon submission of the seller's written acceptance.

3. Delivery:

Contractual quantities must generally be ensured. If the purchaser is not capable of keeping the delivery deadline, then the purchaser must be informed immediately. The seller shall be entitled to subsequent delivery. In case of force majeure, the seller may completely or partially cancel the contract or demand the delivery at a later time, without this resulting in any claims on behalf of the purchaser against the seller.
Carriage-paid prices require open, unhindered traffic on the corresponding transportation routes, delivery vehicles must be able to travel to the unloading point unhindered and roadworthy and unloaded without delays. If the seller violates these obligations to take care, then he shall be responsible for all compensation of the resulting damages, including damages caused to the delivery vehicle and possible third-party clams.

4. Weight:

The weight and materials determined upon receipt shall be authoritative for invoicing.
Differences compared to the weight declared by the seller shall be considered according to the following conditions:
differences in weight the weight of railcar deliveries +/- 300 kg shall not be considered. In case of differences that exceed this threshold, the net weight determined by the purchaser via full and empty weight calibration as per weight certificate shall apply.
In case of shiploads that are discharged by the purchaser or the courier or that are placed in storage by the seller upon request, the net weight will be determined via full and empty tonnage at the port of discharge. Weight differences between the determined net weight and the bill of lading weight will not be considered up to +/- 0.5%. Differences in weight from the full weight calibration of more than +/-3% must be reported to the seller prior to unloading the ship. In this case, the discharge may only be carried out after the seller has agreed. Costs resulting from this shall be borne by the seller.

5. Payment:

Payment of the purchase is, if not agreed otherwise, to be provided in cash without discount deductions on the due date. Furthermore, the seller shall be entitled to offset any possible claims to compensation for damages that result.

6. Complaints:

The results of findings submitted by the plant shall be authoritative for determining complaints and material types. After unloading is complete, the goods qualify as contractually delivered with regard to all recognisable defects. Complaints regarding concealed defects must be reported immediately after discovery, all possible processing must be stopped, and the complaint must be submitted within six weeks after receipt of the goods. Proof that the damage asserted by the purchaser resulted at the time of transfer shall be the responsibility of the purchaser. Damages resulting from concealed defects may only be claimed in the amount of the defective delivered goods or in the form of a replacement delivery.

7. Force majeure:

Force majeure events including strikes, large-scale disruptions to operations, onset of degraded material in deliveries, and circumstances that significantly hinder the seller from completing the delivery or make the delivery impossible shall entitle the seller to cease delivery for the duration of the hindrance and for a suitable lead time or to withdraw from the contract with regard to the portion that is not fulfilled.

8. Retention of title:

The court of jurisdiction for both parties shall be Vienna, Austria.
The goods delivered shall remain the property of the supplier until fulfillment of all claims resulting from the business relationship. In case of current invoices, the retained property shall apply as collateral for the balance claim.

9. Court of jurisdiction and applicable law:

For purchases and sales, exclusively the laws of the Republic of Austria shall apply. Application of the Uniform Law on the International Sale of Goods and the United Nations Convention on Contracts for the International Sale of Goods is excluded.

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