General Terms and Conditions of Business
These conditions apply to all present and future contracts between RUBBLE MASTER HMH GmbH and the suppliers. The Supplier’s terms of delivery are not contractual, even if not expressly contradicted by RUBBLE MASTER HMH GmbH. The unreserved acceptance of deliveries and services as well as their settlement cannot be considered as recognition of the term of the Supplier.
II signing the contract
The contract shall be deemed concluded as soon as RUBBLE MASTER HMH GmbH, having received an order, sends a written order confirmation. The contract is also concluded when goods ordered by the customer are dispatched.
Drawings, sketches or other technical documentation, and any samples, catalogues, brochures, photographs or similar remain the intellectual property of RUBBLE MASTER HMH GmbH; the customer does not receive any kind of rights to employ or exploit them.
III transfer of liability
Goods are sold "ex-works", unless agreed otherwise. RUBBLE MASTER HMH GmbH is obliged to open an insurance policy only if agreed in writing, and only to the extent agreed in writing. Otherwise the INCOTERMS valid on the day the contract is concluded apply. If the goods are made available as a consignment, the dealer is responsible for transport insurance and storage.
IV delivery period
Delivery periods are binding only if they have been expressly promised in writing. RUBBLE MASTER HMH GmbH is not obliged to deliver goods or services until the customer has fulfilled all obligations necessary prior to delivery, especially all technical and contractual issues such as fulfilling the agreed payment conditions.
RUBBLE MASTER HMH GmbH is entitled to make partial and preliminary deliveries.
If the delivery is delayed for a reason outside RUBBLE MASTER HMH GmbH's control, representing a chapter 11 case of relief, a suitable extension to the delivery period will be made, or RUBBLE MASTER HMH GmbH can withdraw completely or partially from the contract.
If RUBBLE MASTER HMH GmbH is responsible for delayed delivery, the customer can either demand fulfilment or, after expiry of a suitable catch-up period in which delivery is to be effected, may withdraw from the contract. In the case of custom-made orders the catch-up period should allow for the fact that RUBBLE MASTER HMH GmbH will not be able to use already manufactured parts elsewhere.
If the customer does not accept the goods made available as specified in the contract at the agreed location, or at the agreed time, and the delay is not due to action or negligence attributable to RUBBLE MASTER HMH GmbH, RUBBLE MASTER HMH GmbH may either demand fulfilment of contract, or set a period within which the goods are to be accepted before withdrawing from the contract.
If the goods have been segregated, RUBBLE MASTER HMH GmbH is permitted to store the goods at the expense and liability of the customer. RUBBLE MASTER HMH GmbH is also entitled to demand reimbursement of all justifiable expenses needed to implement the contract not covered by the payments received, excluding all other claims against the customer for the delay incurred.
Payments are to be made according to the agreed terms of payment. Unless agreed otherwise, half of the purchase amount is payable on receipt of the order acknowledgement, the remainder as soon as the goods are ready for dispatch. Discounts require special agreement. Any agreements regarding discounts expire as soon as payment or part payment is delayed.
The customer is not entitled to withhold payments against warranty claims or other counterclaims not recognised by RUBBLE MASTER HMH GmbH.
If the customer delays payment (or provision of services), RUBBLE MASTER HMH GmbH may insist on fulfilment of the contract and postpone fulfilment of RUBBLE MASTER HMH GmbH's own obligations until the outstanding payments (or services) have been provided, extend the delivery period accordingly, claim the whole of the remaining purchase price as overdue, providing there is no case of relief on the customer's side as per article 11, charge interest on arrears at 7.5% above the relevant rate issued by the Austrian National Bank from the date due, or, having granted a suitable extension, declare withdrawal from the contract.
If the customer has not made the outstanding payment or other provision by the time the extension expires, RUBBLE MASTER HMH GmbH can advise in writing that it is withdrawing from the contract. On the request of RUBBLE MASTER HMH GmbH the customer must return goods already delivered, and pay compensation for the loss in value of the goods, and reimburse all justified expenses that RUBBLE MASTER HMH GmbH incurred in the course of implementing the contract. Regarding goods not yet delivered, RUBBLE MASTER HMH GmbH is entitled to make available to the customer the components already completed or manufactured, but not yet assembled, and demand the corresponding proportion of the sales price.
RUBBLE MASTER HMH GmbH supply all goods on the basis of retention of ownership and the goods remain RUBBLE MASTER HMH GmbH property until all payments have been received. If goods are recovered RUBBLE MASTER HMH GmbH is entitled to charge for all transport and handling costs. If a third party attempts to seize goods which are still RUBBLE MASTER HMH GmbH property, the customer is obliged to inform the third party accordingly and advise RUBBLE MASTER HMH GmbH immediately.
VI withdrawal from the contract
If acceptance is delayed, or for other substantial reasons such as, in particular, bankruptcy of the customer or rejection of a petition in bankruptcy on grounds of insufficient assets, or delayed payment, RUBBLE MASTER HMH GmbH are entitled to withdraw from the contract providing it has not been fully fulfilled by either party. In the event of a withdrawal where the customer is at fault, RUBBLE MASTER HMH GmbH may at their discretion demand a fixed rate of damages of 15% of the gross invoice amount or compensation for the loss actually incurred. If the customer delays payment RUBBLE MASTER HMH GmbH shall be released from all further obligations to perform and deliver and are entitled to hold back outstanding deliveries or services and to demand payment in advance and/or deposits, or to withdraw from the contract after setting a reasonable extended time limit. If the customer withdraws from the contract without just cause, or demands its cancellation, RUBBLE MASTER HMH GmbH shall have the right to choose between insisting on the fulfilment of the contract and cancellation of the contract. In the latter case the customer shall be obliged at RUBBLE MASTER HMH GmbH's discretion to pay either a fixed rate of damages of 15% of the gross invoice amount or compensation for the loss actually incurred.
VII delivery, transport, delayed acceptance
Unless agreed otherwise, prices quoted do not include packaging.
RUBBLE MASTER HMH GmbH sales prices do not include costs for delivery, assembly or installation. If required, however, RUBBLE MASTER HMH GmbH can provide or arrange these services against separate payment. If the customer has not accepted the goods as agreed (delayed acceptance), RUBBLE MASTER HMH GmbH is entitled, after failure to meet an extended time limit, to store the goods on their premises and charge a storage fee of 0.1% of the gross invoice amount per calendar day or part day.
VIII warranty, obligation to inspect and register complaints
RUBBLE MASTER HMH GmbH shall meet all warranty claims by the customer at their discretion either through replacement, repair within a reasonable period, or price reduction. The customer may demand cancellation of the contract only if the defect is major and cannot be remedied through replacement or repair, and the customer cannot reasonably be expected to accept a price reduction. Claims for damages by the customer aimed at remedying the defect through improvement or replacement may not be asserted until RUBBLE MASTER HMH GmbH is in arrears with meeting the claims under warranty. Claims under warranty concerning moveable objects must be legally asserted within one year of delivery of the product concerned.
If the customer claims that a defect exists, the claims asserted as a result, in particular claims under warranty or claims for damages, shall be possible only if the customer proves that the defect already existed at the time of delivery of the goods; this shall also apply within the first six months after delivery of the goods. Furthermore, in the sense of section 377 f HGB (Austrian commercial code) the customer must inspect the goods immediately after delivery, and within 6 working days at the latest. Any defects found must be notified to RUBBLE MASTER HMH GmbH in writing without delay, within 3 working days of being discovered at the latest, stating the nature and extent of the defect. Hidden defects are to be submitted in writing without delay, within 3 working days of being discovered at the latest. If no complaint relating to a defect is made, or it is not made in time, the goods shall be deemed approved.
RUBBLE MASTER HMH GmbH's obligations to provide warranty shall expire in any case after elapse of the warranty period; a special recourse of the customer extending beyond this, pursuant to 33 933b ABGB (Austrian general civil code) because of obligations fulfilled by the customer under warranty, shall be excluded.
The warranty period is not extended due to the defect being rectified.
If RUBBLE MASTER HMH GmbH agrees to defective goods or parts being returned for improvement or replacement, the customer is to cover the costs and risk of transport, unless agreed otherwise.
RUBBLE MASTER HMH GmbH's obligation to provide a warranty applies only to defects that occur during normal operation while operating the facility as specified. The obligation to provide a warranty does not apply to defects caused by: poor setting up of the machines by the customer or their representative, poor maintenance, repairs or modifications made by persons not authorised in writing by RUBBLE MASTER HMH GmbH, normal wear and tear.
All parts of the goods bought-in by RUBBLE MASTER HMH GmbH from suppliers are covered by warranty only to the extent that RUBBLE MASTER HMH GmbH is able to make a warranty claim to the suppliers.
IX product liability
The product will operate safely providing it is operated as specified in the licence, operators manuals, and documentation provided by RUBBLE MASTER HMH GmbH specifying how the product is to be operated - especially in regard to safety checks – and all other safety warnings.
Recourse claims in the sense of section 12 of the Austrian Produkthaftungsgesetz (product liability law) shall be excluded unless the party entitled to recourse proves that the defect originated in RUBBLE MASTER HMH GmbH's sphere of responsibility and was the result of at least gross negligence.
X court of jurisdiction, applicable law, location of fulfilment
Austrian law shall apply. Application of the UN convention on the international sale of goods shall be explicitly excluded. The contracting partners agree to Austrian, domestic jurisdiction.
XI data protection, change of address
The customer agrees that the personal data included in the sales contract may be electronically stored and processed by RUBBLE MASTER HMH GmbH in the course of performing the contract. The customer shall be obliged to inform RUBBLE MASTER HMH GmbH about changes in residential and/or business address as long as the contractual legal transaction has not been fulfilled by both parties. In the event this notification is not provided, declarations shall count as delivered if they are sent to the last notified address.