TERMS OF SALE AND DELIVERY Heimat-Wild GmbH

  1. Our offers, the conclusion of contracts and their execution are based exclusively on these terms and conditions, regardless of whether they are contracts for work, contracts for work and materials or purchase contracts. Conflicting terms and conditions of purchase or order of the customer are expressly rejected. At no time – not even when sending the goods – can the customer assume that we declare our agreement with conflicting conditions. Amendments to or rescission of these terms of delivery shall only be effective if and insofar as we expressly confirm this in writing.
  2. Offers are always subject to change. Our sales representatives or commercial agents are only authorized to transmit declarations of the customer to us. Contractual conditions shall only enter into force – unless we have already provided our contractual service – upon receipt of our written order confirmation, which alone shall be decisive for the content of the contract. Amendments to the contract require our written confirmation to be legally effective.
  3. Delivery periods or dates are subject to the reservation of timely delivery of raw materials to us; they are only binding if expressly assured in the order confirmation. If the delivery depends on a technical specification or the submission of design drawings, samples, models, etc. by the customer, the delivery period shall not commence until the customer has submitted or presented them in full. The delivery periods shall be suspended by all events beyond our control which have an impeding effect on the procurement of necessary primary materials, production and dispatch of our goods (e.g. obstruction of transport routes, strikes, unforeseeable machine damage, etc.). We and the customer are entitled to withdraw from the contract in the event of a sustained delay. The right of withdrawal does not apply to partial deliveries already made. Claims for damages by the customer due to delayed delivery or delivery that can no longer be made as a result of withdrawal are excluded, unless we can be accused of gross negligence. Any compensation shall be limited to the value of the goods ordered.
  4. We are generally entitled to make partial deliveries; each partial delivery shall be deemed an independent delivery with regard to the due date of our payment claim and the customer’s obligation to inspect and give notice of defects.
  5. The place of fulfillment – also for carriage paid deliveries – is Achenkirch or an alternative delivery address that can be specified by us.
  6. Notices of defects must be submitted to us in writing immediately after receipt of the goods.
    a) recognizable defects must be reported immediately to the carrier
    b) in the case of hidden defects, at the latest on the 3rd day after receipt of the goods, otherwise any warranty is excluded. Upon receipt of generic goods or serial items, the customer is obliged to carry out random checks to the extent customary in the trade, as otherwise he cannot invoke hidden defects. In the event of justified notices of defects, we shall be entitled, at our discretion, to remedy the defect or to deliver replacement parts free of charge; the customer must grant us a reasonable period of time to do so. If the rectification or subsequent delivery fails, the customer shall be entitled to rescind the contract or reduce the purchase price; damages for non-performance shall be excluded – except in the case of proof of fraudulent intent. The warranty only covers the elimination or compensation of damage to the delivered item itself; the assertion of indirect damage (consequential damage) is excluded.
  7. Warranty conditions:
    Heimat-Wild provides a warranty for its goods/items/products to the end customer – at the end customer’s discretion in addition to the dealer’s statutory warranty under the purchase contract – under the following conditions:
    a) The warranty period is 12 months and begins on the day of sale to the end customer. The date of purchase and the type of device must be documented by a machine-generated purchase receipt.
    b) Within the warranty period, Heimat-Wild shall remedy all defects that are demonstrably due to material or manufacturing defects. The warranty service shall be provided at Heimat-Wild’s discretion by repair, replacement of defective parts or replacement of the product. The performance of warranty services shall neither extend nor restart the warranty period. Replaced parts become the property of Heimat-Wild. Transportation costs and risks are not covered by Heimat-Wild.
    c) The warranty does not cover damage or defects resulting from improper connection, improper handling, repair attempts by unauthorized persons or failure to observe the instructions for use. If, in particular, Heimat-Wild’s operating or maintenance instructions are not followed or the products are handled improperly and contrary to the label, any warranty shall also be void. Wear parts are excluded from the warranty, as is damage caused by foreign bodies or external (third party) damage.
    d) Warranty services are provided in the country in which the product was sold. For devices purchased in an EU country and brought to another EU country, services are provided in accordance with the home country warranty conditions valid for that EU country. There is only an obligation to provide the guarantee if the product complies with the technical regulations of the country in which the guarantee claim is made.
    e) Warranty services can be carried out by partners authorized by Heimat-Wild.
  8. In the case of delivery of mass-produced items, we are prepared to make follow-up and spare parts deliveries, but are not obliged to keep stocks or to set a fixed price.
  9. Our invoices contain net prices (excluding VAT, which is shown separately) and are payable net 7 days after the invoice date, unless otherwise agreed in the order confirmation. We grant a 2% discount on payments received within 3 days of the invoice date. Incoming payments are offset against the oldest outstanding receivables. If the invoice amount is not paid after expiry of the payment period despite a reminder with a grace period, we shall be entitled to demand default interest of 2% p.a. above the respective prime rate of the ECB, but at least 8% p.a.. We reserve the right to assert further claims for damages caused by delay. Bills of exchange and checks shall only be accepted by special agreement on account of performance and subject to their payment. Any liability that we may incur as a result of late presentation or failure to protest is excluded. Offsetting against our due delivery claims is excluded unless the counterclaims are undisputed or have been legally established. Rights of retention are limited insofar as the customer may not refuse performance due to counterclaims from earlier or other transactions with us.
  10. Tools and special equipment shall remain our property, even if a pro rata reimbursement of costs or financing by the customer has been agreed.
  11. All delivery items shall remain our property until full payment of all claims, including future claims, irrespective of their legal basis. The customer is entitled to resell, process and install the reserved goods in the normal course of business as long as this right of disposal is not revoked by us. The revocation shall be deemed to have been pronounced in the event of suspension of payment, an application for the opening of composition or bankruptcy proceedings against the assets of the customer, as well as in the event of an agreement on the exclusion of assignment (§ 399 BGB) between the customer and the secondary buyer with regard to the claim arising from the resale of the reserved goods. After revocation of the right of disposal, the customer shall permit us to enter his business premises at any time for the purpose of sorting out, marking or removing the reserved goods. In the event of resale of the reserved goods, the customer shall assign to us in advance the claims against his customers in the amount of our invoice value plus 10 % thereof by way of security. As long as the customer’s right of disposal has not been revoked by us or has not been revoked in accordance with para. 1 is deemed revoked, is authorized to collect the assigned claims. The customer undertakes to provide us at any time with all relevant information regarding the claims assigned by way of security and the third-party debtors and to allow us to inspect all business documents relating to the resale of the goods subject to retention of title or to surrender these on request. We are entitled to notify the third-party debtor of the assignment at any time. The customer will not assert its own claims against the
    third party debtor to our disadvantage. If the goods subject to retention of title are processed or combined with other parts to form a new item, we shall acquire co-ownership of the processed product or the new item created by combination in the ratio of the value of the goods subject to retention of title to the other materials. In the event of the resale of items to which we are entitled to co-ownership, the provisions of paragraphs 1 and 2 shall apply accordingly. The employee may not pledge the reserved property or the claims assigned by way of security, nor transfer or assign them to third parties by way of security. The customer shall inform us immediately of any enforcement measures taken by third parties against the reserved goods or the claims assigned by way of security. At the customer’s request, we shall release security interests at our discretion if and to the extent that their value exceeds our claims by 20%.
  12. In the case of agreed advance delivery (partial delivery), we shall be entitled to demand concurrent performance against cash payment or against the provision of sufficient security if circumstances become known after conclusion of the contract which give rise to fears that our claim to payment may be jeopardized. In particular, protests of checks and bills of exchange as well as default of payment by the customer after two unsuccessful reminders by us shall be deemed to jeopardize the customer’s claims. If the customer refuses the step-by-step performance or the granting of
    of securities, we shall be entitled, at our discretion, to withdraw from the contract or to demand compensation for non-performance. If payment is at risk, other claims we have against the customer shall become due immediately.
  13. In the case of bilateral commercial transactions, the exclusive place of jurisdiction for all disputes with the customer (actions on bills of exchange and checks) shall be Innsbruck.
  14. The legal relationship with the customer shall be governed exclusively by Austrian law. For deliveries to customers based in EU partner states, the Uniform Law on the International Sale of Goods also applies, provided that the partner state has also ratified these uniform purchasing rules.
  15. Severability clause:
    Should individual provisions of this agreement be invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions. The parties shall endeavor to remedy any invalid provisions,
    to replace them with effective provisions that correspond to the economic purpose of this agreement. This also applies if a gap requiring supplementation becomes apparent during the interpretation or implementation of this agreement.