{"id":3543,"date":"2025-07-08T16:18:57","date_gmt":"2025-07-08T14:18:57","guid":{"rendered":"https:\/\/www.oberhofer-stahlbau.at\/general-terms-and-conditions-of-purchase\/"},"modified":"2026-03-31T16:11:12","modified_gmt":"2026-03-31T14:11:12","slug":"general-terms-and-conditions-of-purchase","status":"publish","type":"page","link":"https:\/\/www.oberhofer-stahlbau.at\/en\/general-terms-and-conditions-of-purchase\/","title":{"rendered":"General Terms and Conditions of Purchase"},"content":{"rendered":"<h1>General Terms and Conditions of Purchase<\/h1>\n<p><!--more--><br \/>\n<!-- {\"type\":\"layout\",\"children\":[{\"type\":\"section\",\"props\":{\"image_position\":\"center-center\",\"style\":\"default\",\"title_breakpoint\":\"xl\",\"title_position\":\"top-left\",\"title_rotation\":\"left\",\"vertical_align\":\"middle\",\"width\":\"default\"},\"children\":[{\"type\":\"row\",\"children\":[{\"type\":\"column\",\"props\":{\"image_position\":\"center-center\",\"position_sticky_breakpoint\":\"m\"},\"children\":[{\"type\":\"headline\",\"props\":{\"content\":\"General Terms and Conditions of Purchase\",\"image_align\":\"left\",\"image_margin\":\"xsmall\",\"title_element\":\"h1\"}}]}]}]},{\"type\":\"section\",\"props\":{\"image_position\":\"center-center\",\"style\":\"default\",\"title_breakpoint\":\"xl\",\"title_position\":\"top-left\",\"title_rotation\":\"left\",\"vertical_align\":\"middle\",\"width\":\"default\"},\"children\":[{\"type\":\"row\",\"children\":[{\"type\":\"column\",\"props\":{\"image_position\":\"center-center\",\"position_sticky_breakpoint\":\"m\"},\"children\":[{\"type\":\"text\",\"props\":{\"column\":\"1-2\",\"column_breakpoint\":\"m\",\"content\":\"\n\n<p><strong>General Provisions, Scope of Application<br \/><\/strong><span>The purchasing terms and conditions of Oberhofer Stahlbau Ges.m.b.H. (hereinafter referred to as the Purchaser) and the contractor (hereinafter referred to as the Contractor) shall apply exclusively to all transactions between the Purchaser and the Contractor. Conflicting terms and conditions of the Contractor or terms deviating from these purchasing terms and conditions shall not be recognized unless their applicability has been expressly agreed to in writing by the Purchaser. The Purchaser\u2019s purchasing terms and conditions shall also apply even if the contract with the Contractor is performed without reservation in full knowledge of conflicting terms and conditions of the Contractor or terms deviating from the Purchaser\u2019s purchasing terms and conditions.<\/span><\/p>\n\n\\n\n\n<p><span>All agreements made between the Purchaser and the Contractor for the purpose of performing this contract must be set out in writing.<\/span><\/p>\n\n\\n\n\n<p><span>These purchasing terms and conditions shall also apply to all future transactions with the Contractor.<\/span><\/p>\n\n\\n\n\n<p><span>Any correspondence relating to the contract shall be conducted exclusively with the Purchaser\u2019s Purchasing Department, stating the purchase order number. <\/span><\/p>\n\n\\n\n\n<p><span>Arrangements with other departments require\u2014if they include agreements that modify points set out in the contract\u2014the express written confirmation by the Purchasing Department in the form of an addendum to the contract.<\/span><\/p>\n\n\\n\n\n<p><span>The Contractor shall treat the conclusion of the contract as confidential. The Contractor may name the Purchaser as a reference to third parties only with the Purchaser\u2019s written consent.<\/span><\/p>\n\n\\n\n\n<p><span>If framework agreements \/ fixed-price agreements have been concluded between the Purchaser and the Contractor, these shall take precedence. Where necessary, they shall be supplemented by these purchasing terms and conditions.<\/span><\/p>\n\n\\n\n\n<p><strong>Prices<br \/><\/strong><span>The agreed prices are fixed prices and are\u2014plus the applicable VAT\u2014delivered free to the place of use, including packaging and freight costs. All costs and risks arising up to handover to the carrier, including loading and excluding rollgeld, shall be borne by the Contractor. The pricing basis shall not affect the agreement on the place of performance.<\/span><\/p>\n\n\\n\n\n<p><span>No remuneration shall be paid for visits or for the preparation of quotations and projects.<\/span><\/p>\n\n\\n\n\n<p><span>The Purchaser can process invoices only if they contain the purchase order number stated in the Purchaser\u2019s order, the cost center and\/or the name of the purchaser; the Contractor shall be responsible for all consequences arising from non-compliance with these obligations.<\/span><\/p>\n\n\\n\n\n<p><span>Unless otherwise agreed in writing, the Purchaser shall pay the purchase price within 14 days with a 3% cash discount, or within 30 days net. Payment shall be made by bank transfer. For this purpose, the supplier must provide an appropriate bank account. In the case of partial deliveries, the payment period shall not commence until the final delivery. This does not apply to successive delivery contracts.<\/span><\/p>\n\n\\n\n\n<p><span>If the supplier is required to provide material samples, test certificates (in German), quality documents or other documents, the completeness of the delivery and performance and the commencement of the payment period shall also be subject to receipt of these documents by the Purchaser.<\/span><\/p>\n\n\\n\n\n<p><span>In the event of defective deliveries, the Purchaser shall be entitled to withhold payment proportionately until proper performance has been rendered.<\/span><\/p>\n\n\\n\n\n<p><span>In the case of advance payment, the Contractor shall, upon request, provide appropriate security, e.g. a bank guarantee.<\/span><\/p>\n\n\\n\n\n<p><strong><span>Delivery, Delivery Time<\/span><br \/><\/strong><span>Unless expressly agreed otherwise in writing, acceptance of orders shall constitute fixed-date transactions pursuant to <\/span><span class=\\\"error-spellcheck\\\" data-word=\\\"ABGB\\\" data-suggestion=\\\"AB|ABC|AIRBAG\\\">ABGB<\/span><span> \u00a7 918 et seq.<\/span><\/p>\n\n\\n\n\n<p><span>The delivery time stated in the Purchaser\u2019s order or in the Contractor\u2019s order confirmation is binding. If delivery is made before the agreed delivery date without written approval by the Purchaser\u2019s Purchasing Department, the Purchaser reserves the right to return the goods at the Contractor\u2019s expense and risk. If no return is made in the event of early delivery, the goods shall be stored by the Purchaser at the Contractor\u2019s expense and risk.<\/span><\/p>\n\n\\n\n\n<p><span>The Contractor is obliged to inform the Purchaser immediately in writing if circumstances arise or become apparent to it from which it follows that the agreed delivery time cannot be met.<\/span><\/p>\n\n\\n\n\n<p><span>Release from the Obligation to Perform, Withdrawal from the Contract<\/span><\/p>\n\n\\n\n\n<p><span>Force majeure shall release the contracting parties from their obligations to perform for the duration of the disruption and to the extent of its effects. The contracting parties are obliged, within reasonable limits, to promptly provide the necessary information and to adapt their obligations to the changed circumstances.<\/span><\/p>\n\n\\n\n\n<p><span>The Purchaser shall be released in whole or in part from the obligation to accept the ordered goods and shall be entitled to withdraw from the contract to that extent if, due to the delay caused by force majeure, the delivery is no longer usable for it\u2014taking economic considerations into account.<\/span><\/p>\n\n\\n\n\n<p><span>The Purchaser may withdraw from the contract if insolvency proceedings have been opened over the Contractor\u2019s assets, or if the Purchaser becomes aware of individual enforcement measures.<\/span><\/p>\n\n\\n\n\n<p><span>The Purchaser may also withdraw from the contract if the Contractor promises, offers or grants advantages of any kind to an employee or agent of the Purchaser involved in the preparation, conclusion or performance of the contract, or to a third party in the Purchaser\u2019s interest.<\/span><\/p>\n\n\\n\n\n<p><strong><span>Transfer of Risk \/ Documents<\/span><br \/><\/strong><span>Unless otherwise agreed in writing, delivery of the goods shall be made free to the Purchaser\u2019s premises, including packaging and freight insurance. Particular importance must be attached to packaging and load securing in order to avoid unnecessary defects.<\/span><\/p>\n\n\\n\n\n<p><span>Risk shall pass only upon provision of the goods at the shipping address or place of use requested by the Purchaser.<\/span><\/p>\n\n\\n\n\n<p><span>The Contractor shall enclose a delivery note with each individual shipment, itemized precisely by type, quantity and weight. Delivery notes, consignment notes and all correspondence must contain the order number, the cost center or the Purchaser\u2019s name. If the Contractor fails to do so, delays in processing are unavoidable and the Contractor shall be liable for them.<\/span><\/p>\n\n\\n\n\n<p><strong>Export Procedures<span><br \/><\/span><\/strong><span>For deliveries FCA (place) in accordance with the version of the INCOTERMS valid at the time the contract is concluded, the Contractor shall provide the Purchaser with the documents required for preparing the export papers\u2014delivery notes with the Purchaser\u2019s order number\u2014at least 3 working days prior to the delivery date.<\/span><\/p>\n\n\\n\n\n\n\n\\n\n\n<p><strong>Trade Terms<br \/><\/strong><span>The INCOTERMS in the version valid at the time the contract is concluded shall apply to the interpretation of the trade terms.<\/span><\/p>\n\n\\n\n\n\n\n\\n\n\n<p><strong>Proofs of Origin, VAT-Related Evidence, Export Restrictions<br \/><\/strong>Any proofs of origin requested by the Purchaser shall be provided by the Contractor without delay, including all required details and duly signed. The same shall apply to VAT-related evidence for international and intra-Community deliveries.<strong><br \/><\/strong><\/p>\n\n\\n\n\n<p><span>The Contractor shall inform the Purchaser without delay if a delivery is subject, in whole or in part, to export restrictions under Austrian or other law.<\/span><\/p>\n\n\\n\n\n<p><strong>Notice of Defects, Warranty<br \/><\/strong><span>The Contractor guarantees and warrants that all deliveries\/services comply with the agreed specifications or, as applicable, the specifications to be agreed, and furthermore with the latest state of the art, the relevant \u00d6NORM standards, legal provisions and regulations, and the guidelines of authorities, employers\u2019 liability insurance associations and professional associations. The Contractor undertakes to comply with the statutory environmental and safety requirements in the country of manufacture and distribution.<\/span><\/p>\n\n\\n\n\n<p><span>If deviations from these provisions are necessary in individual cases, the supplier must obtain the Purchaser\u2019s written consent.<\/span><\/p>\n\n\\n\n\n<p><span>In the event of defects in the delivery\/service notified during the warranty period\u2014including failure to meet guaranteed data and the absence of warranted properties and quality certificates\u2014the Contractor shall, upon request, remedy the defective goods immediately and free of charge, including all incidental costs, at the Purchaser\u2019s option by repair or replacement.<\/span><\/p>\n\n\\n\n\n<p><span>In addition, the Purchaser shall be entitled to the statutory claims, in particular claims for rescission, price reduction and replacement delivery. Furthermore, the Contractor is obliged to compensate the Purchaser for all direct and indirect damage caused by defective delivery\/service, including loss of profit.<\/span><\/p>\n\n\\n\n\n<p><span>If the Contractor does not fulfill its warranty obligations within a reasonable period set by the Purchaser, the Purchaser may take the necessary measures itself or have them taken by third parties at the Contractor\u2019s expense and risk\u2014without prejudice to the Contractor\u2019s warranty obligations.<\/span><\/p>\n\n\\n\n\n<p><span>The warranty period is two years and begins upon handover of the delivery item to the Purchaser. For devices, machines and systems, the warranty period begins on the date of successful acceptance.<\/span><\/p>\n\n\\n\n\n<p><strong>Product Liability<br \/><\/strong><span>To the extent that the Contractor is responsible for product damage, it is obliged to indemnify the Purchaser, upon first demand, against third-party claims for damages insofar as the cause lies within its sphere of control and organization and it is itself liable vis-\u00e0-vis third parties.<\/span><\/p>\n\n\\n\n\n<p><strong>Intellectual Property Rights<br \/><\/strong><span>The Contractor guarantees and warrants that all deliveries are free of third-party intellectual property rights and that, in particular, the delivery and use of the delivered items do not infringe patents, licenses or other third-party intellectual property rights.<\/span><\/p>\n\n\\n\n\n\n\n\\n\n\n<p><strong>Confidentiality<br \/><\/strong><span>The contracting parties undertake to treat as trade secrets all non-public commercial and technical details that become known to them through the business relationship.<\/span><\/p>\n\n\\n\n\n<p><span>The Contractor shall treat the conclusion of the contract as confidential and may refer to business relationships in advertising materials only after written consent has been granted by the Purchaser.<\/span><\/p>\n\n\\n\n\n<p><span>Drawings, models, templates, samples and similar items must not be handed over or otherwise made accessible to unauthorized third parties. Reproduction of such items is permitted only within the scope of operational requirements and the provisions of copyright law.<\/span><\/p>\n\n\\n\n\n<p><span>Sub-suppliers shall be bound accordingly.<\/span><\/p>\n\n\\n\n\n<p><strong>Miscellaneous<br \/><\/strong><span>The place of performance is the Purchaser\u2019s registered office, unless otherwise stated in the order.<\/span><\/p>\n\n\\n\n\n<p><span>If the Contractor is a merchant within the meaning of the Commercial Code, the Purchaser\u2019s registered office shall be the exclusive place of jurisdiction, unless another place of jurisdiction is mandatorily prescribed. However, the Purchaser is also entitled to sue the Contractor at the court having jurisdiction over the Contractor\u2019s registered office.<\/span><\/p>\n\n\\n\n\n<p><span>These purchasing terms and conditions and the entire legal relationship between the Purchaser and the Contractor shall be governed exclusively by Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.<\/span><\/p>\n\n\\n\n\n<p><strong>Order Confirmations<br \/><\/strong><span>Each order must be confirmed in writing by email to <a href=\\\"mailto:einkauf@oberhofer-stahlbau.at\\\">einkauf@oberhofer-stahlbau.at<\/a><\/span><span>\u00a0without delay, but no later than within 5 working days, repeating the customer\u2019s complete order references. After expiry of this period, the order shall be deemed accepted in full and subject to the customer\u2019s purchasing terms and conditions.<\/span><\/p>\n\n\\n\n\n<p><strong>Invoicing<br \/><\/strong><span>All invoices must be sent to <a href=\\\"mailto:buchhaltung@oberhofer-stahlbau.at\\\">buchhaltung@oberhofer-stahlbau.at<\/a>\u00a0<\/span><span>\u00a0Invoices shall be deemed received only if they have been sent to this email address. The payment term shall commence upon receipt of the invoice. Any final invoices may be issued only after full performance of the contract.<\/span><\/p>\n\n\\n\n\n<p><strong>Subcontracting<br \/><\/strong><span>The awarding of partial services to subcontractors must be notified to the Purchaser in writing and confirmed by the Purchaser. The transfer of the entire order is not permitted without the Purchaser\u2019s written consent. Liability for the performance provided by the subcontractor shall remain solely with the Contractor. Invoicing shall likewise be carried out solely by the Contractor.<\/span><\/p>\n\n\\n\n\n\n\n\",\"margin_bottom\":\"default\",\"margin_top\":\"default\"}}]}],\"props\":{\"status\":\"disabled\"}}]}],\"version\":\"5.0.24\"} --><\/p>\n","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions of Purchase<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-3543","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/pages\/3543","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/comments?post=3543"}],"version-history":[{"count":2,"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/pages\/3543\/revisions"}],"predecessor-version":[{"id":3806,"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/pages\/3543\/revisions\/3806"}],"wp:attachment":[{"href":"https:\/\/www.oberhofer-stahlbau.at\/en\/wp-json\/wp\/v2\/media?parent=3543"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}