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General Sales Conditions of Karner Düngerproduktion GmbH

1. Scope of Application 

We only approve opposing conditions or conditions deviating from our sales conditions by the orderer if we explicitely consent to its validity in written. These sales conditions also apply to future business with the orderer.  

2. Quantity Statements
The quantities of goods are always regarded as approximate quantities. Over deliveries or short deliveries of up to 5 % of the contracted quantities do not entitle the orderer to make complaints. 

3. Prices, Payment
As far as there is nothing contrary agreed, our prices are vaild ex works excluding packing and plus value added tax in its respective rate. A deduction of trade discount is only allowed on a special written agreement. As far as nothing different is agreed upon, the purchase price is due immediately at delivery. As far as there have been no firm price agreements, prices are subject to appropriate alterations due to alterating wages, material costs and sales costs for deliveries which are effected 3 months after conclusion of contract.     

4. Offsetting, Retention
The orderer is only entitled to offsetting if his counterclaims are legally ascertained or undisputed. In the exercise of a retention right the orderer is only entitled to an extent, as his counterclaim refers to the same contractual relationship. 

5. Delivery 
Delivery dates or delivery times are to be stated in written. Act of God, strike, lock outs and extensive interruptions inside the seller´s factory or his suppliers through not fault of their own will change the arranged dates and periods by the duration of the thereby resulting impairments of performance. If the buyer is eligible for compensation of a loss caused by delay, it is restricted to at the utmost 10 % of the arranged purchase price in case of slight negligence by the seller. If the buyer furthermore wants to withdraw from the contract and/or claim compensation instead of the performance, he has to fix the seller an appropriate time limit after occurrence of the delay. Should the delivery get impossible for the seller by coincidence while he is in delay, he is liable in the extent of the previously arranged liability limits. The seller is not liable if the damage or loss would also have occured in case of a delivery in time.

6. Acceptance 
The buyer is obliged to accept the object of purchase. In case of non accepting the seller can make use of his legal rights. If the seller claims compensation for losses, this will amount to 10 % of the purchase price. The compensation is to be assessed higher or lower if the seller proves a higher loss, or the buyer proves a lower one.

7. Transfer of Perils 
If the goods are sendt at request of the orderer, the risk of accidental damage or deterioration of the goods is transmitted to the buyer at the time of leaving the works/stock at the latest. 
This applies independent from whether the sending of goods is done from the place of fulfillment or who is to bear the freight costs.

8. Reservation of Proprietary Rights
We reserve the proprietary rights of the delivered goods until the complete payment of all outstanding debits from the contract. This also applies for all future deliveries, even though we will not always assertively invoke it. We are entitled to take back the purchased goods if the orderer acts contrarily to contract. The orderer is furthermore obliged to treat the purchased goods carefully as long as the transfer of ownership has not been effected. Within the normal course of business the orderer is entitled to resell the reserved property. The orderer´s debits from the resale of the reserved property goods are ceded to us already now in the amount of the with us arranged invoice total including VAT. We do already accept this cession now. This cession is valid independent of whether purchase object has been resold without or with a treatment. The orderer remains entitled to collect the debit also after the cession. Our authority to collect the debit ourselves remains independent of that. We will, however, not collect the debits as long as the orderer complies with his payment obligations from his collected proceeds, as long as he is not in delay of payment and particularly if there is no existing petition of bankruptcy or payment stop. The treatment or processing or alteration of the purchase object by the orderer is always effected in our name and order. In this case the expectent right of the orderer to the purchase object is continued to the alterated object. As far as the purchase object is processed and continued with other objects that do not belong to us, we acquire the common ownership on the new object in relation to the objective value of our purchase object to the other processed objects at the time of processing. The same applies in the case of intermixture. As far as this intermixture is done in a way that the object of the orderer has to be regarded as the main object, it applies as arranged that the orderer transmits to us an appropriate common ownership and preserves the thereby created sole property or common property for us. The law for securing of fertilizers- and seeds preservation is referred to. 

9. Guarantee, Liability 
Any guarantee rights of the orderer imply that the orderer has propperly complied with his owing investigation- and reprehension obligations.
Defect claims will lapse 12 months after effected delivery of the goods delivered by us. 
Aforesaid regulations do not apply as far as the law dictates longer time limits.
Should the delivered goods show a defect despite all expended care, and a defect which was already present at the time of transfer of perils, we will repair or mend the goods subject to a notice of defect in due time, or we will send substitution goods. We always have to be given the opportunity for a later fulfillment within an appropriate time. If the second supplementary performance fails again, the orderer can withdraw from the contract regardless of any compensation claims or detract the compensation. There are no claims for shortcomings in case of only insignificant deviations of the arranged quality and in case of an only insignificant impairment of its useability. Recourse claims by the orderer against us exist only as far as the orderer has not made any arrangements with his customer which would go beyond the legally compelling defect claims. if the seller has to come up for damages because of legal regulations, which was caused by slight negligence, the seller is liable only limited: A liability only exists in case of violation of contractually essential duties and is limited damages that are foreseeable at the time of conclusion of contract. This limitation does not apply in case of a violation of life, body or health. Independent of a fault by the seller a possible liability of the seller in case of a fraudulent concealment of a defect, of the acceptence of guarantee or a acquisition risk and according to the product liability law remains unaffected. 

10. Miscellaneous 
This contract and the entire privity of contract among the parties are subject to the law in Austria or Germany excluding the UN-CISG. Place of fulfillment and exclusive place of jurisdiction for any conflicts resulting from the contract is our business location, as far as there is no difference resulting from the confirmation of order. If single articles of these conditions are legally void, it will not effect the validity of the other arrangements in any way. Instead of the void arrangements, that valid arrangement which gets closest to the void arrangement in its economic consequences, will come into effect.