Terms & Conditions
General Terms and Conditions of Belenos GmbH regarding deliveries and services
1. scope of application
These general terms and conditions apply to all deliveries, services and business of Belenos GmbH - especially in the field of cleanroom, laboratory & filtration technology as well as products of general laboratory requirements. These General Terms and Conditions are the basis for the business relationship. Unless expressly agreed otherwise in writing, all deliveries and services of Belenos GmbH are subject to the General Terms and Conditions of Business stated here.
If a transaction has been concluded on the basis of these General Terms and Conditions, they shall apply to further transactions, even if these do not refer to the aforementioned conditions.
The general terms and conditions of our customers and business partners do not apply, even if they are not expressly contradicted in individual cases.
2. offers & prices
All offers and price quotations are not binding. Orders (also online) on the basis of our offers and online enquiry possibility become binding for Belenos GmbH only after our written order confirmation.
The prices are net prices - without value added tax, customs duties and other fees and without delivery costs ex warehouse Vienna.
We reserve the right to make price adjustments due to special packaging, specifications, shipping arrangements or other conditions that were not part of the original offer.
3. terms of payment
If no other written terms of payment exist, the invoice is issued upon delivery of the goods, payable immediately upon receipt of the invoice without deduction.
Bank transfer charges shall be borne by the purchaser. In case of default of payment, interest on arrears will be charged.
Belenos GmbH reserves the right to conclude contracts without giving reasons only with delivery against cash in advance or cash on delivery.
A defect in the deliveries and services does not entitle the purchaser to withhold payments. The customer is not permitted to offset payments against other claims.
4. return of goods & cancellation
In principle, no cancellation of orders by the buyer is possible. However, if in individual cases the order is cancelled by mutual agreement, the cancellation fee to be paid by the customer is 20% of the net order amount.
The costs of returns of goods and deliveries that are free of defects are borne by the buyer. The return of opened and used products is not permitted.
5. delivery, delivery periods, delay & non-delivery
The delivery of the goods and services shall be made in customary condition. Partial deliveries are permissible to a reasonable extent. Belenos GmbH makes every effort to meet the delivery dates stated, but cannot make any binding promises. The delivery period shall be extended by the occurrence of force majeure and by all obstacles that we cannot influence with reasonable means.
Exceeding the delivery time does not entitle the customer to claims for damages. However, if the delivery time agreed upon in writing has been exceeded by more than four weeks and is solely due to the fault of Belenos GmbH, the customer can declare the contract to be cancelled by registered letter if Belenos GmbH does not make up for the delivery within a reasonable period of grace of at least two weeks. The customer has no further claims.
6. limitation of liability
Liability for the suitability of the delivered goods and services for the purposes envisaged by the customer is excluded. Liability for damages caused by the product or its processing is also excluded. Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least caused by gross negligence. Liability is excluded for damages resulting from a consultation.
7. dispatch & transfer of risk
Delivery is ex warehouse Vienna - Ex-Works Incoterms 2000, delivery and freight costs per order are charged to the buyer. Express delivery and special packaging requested by the customer are additional costs which will be charged to the customer.
The risk passes to the customer when the goods are handed over to a forwarding agent or carrier, but at the latest when they leave the warehouse.
8. retention of title
All goods and services supplied by Belenos GmbH remain our property until full payment has been received. In case of processing by our customers of goods that are our property, co-ownership is created in proportion to the value of the goods at the time of processing.
The statutory warranty provisions apply. The replacement of consequential damages is excluded. The right of recourse according to § 933b ABGB is excluded.
10. place of performance & jurisdiction
Place of performance and jurisdiction is Vienna.
Distribution of cleanroom, laboratory & filtration technology
Company address: A-1180 Vienna/Austria, Gentzgasse 115/3+4
Phone: +43 1 713 21 34
Fax: +43 1 713 74 50
EORI No: ATEOS1000044318
Company register: FN 367836k, Commercial Court Vienna
Bank details: ERSTE Bank der Österreichischen Sparkassen AG
IBAN: AT48 2011 1823 1603 2600
Member of the Vienna Chamber of Commerce and Industry: Trade Division (http://wko.at/wien/handel)
Provincial committees: 311 - Provincial Committee Vienna of Commercial Agents, 316 - Provincial Committee Vienna of the Photo, Optics and Medical Device Trade
Trade Commission: Municipal District Office of the XVI District (http://www.wien.gv.at/mba/)
Commercial agent & trading company - free trade, Austria