Sales Conditions

  1. General

    The sale of our special papers takes place – apart from the conditions listed below – according to the
    stipulations of the General Sales Terms and Conditions
    (AVB) of the Pulp and Paper Manufacturers of the EC, Brussels, in its current version. The AVB apply
    analogously for other paper qualities and paper processing products. Any deviating conditions of the
    Buyer which are not expressly recognized by the Seller in writing for the individual case are not valid
    even if they are not expressly rejected.

  2. Payment

    1. The invoice is due for strictly net payment 30 days after its date of issue, unless other terms have been agreed.
    2. Deliveries of goods outside the European Economic Area (EEA) are made against irrevocable bank
      credit, payable in our favour, unless other terms have been agreed.
    3. In the case of regulation of the invoice by means of acceptance or bill, the invoice sum is due
      immediately after receipt of the invoice without any deduction. Discount charges shall be borne
      by the Buyer. Acceptances or bills are only accepted in total.
    4. If the payment term is exceeded, we reserve the right to make all items due immediately and to
      cancel orders that have already been confirmed. In this case, we may charge any bank interest that
      has accrued to the Buyer; however, such interest shall be at least 8 percentage points above the
      prevailing base interest rate in accordance with § 352 of the Austrian commercial code (UGB).

  3. Commercial credit insurance / Seller’s right to rescind

    1. The Buyer is aware that the Seller maintains commercial credit insurance in order to protect
      against losses arising from the contractual delivery of goods. The Seller will make the commercial
      information that is necessary for the insurance coverage available on an active basis and at its own
      cost. Insurance coverage for the contractual delivery of goods and sufficient coverage for the
      Buyer under this insurance represent an essential element of the sales contract for the Seller.
    2. The Seller is entitled to withdraw from a sales contract if the commercial credit insurance
      company does not offer sufficient insurance protection or sufficient coverage for the Buyer. In
      this case, the Seller is obligated to inform the Buyer immediately of the scope of the commercial
      credit insurance or, if necessary, of the inability to obtain insurance coverage.
    3. If the Buyer is unable to obtain commercial insurance coverage for the requested delivery, the
      Buyer can provide another form of payment security within 7 days of the notice required
      pursuant to §3, paragraph 2, line 2, provided such payment security offers the Seller the same
      protection as the commercial credit insurance. In this case, the Seller is not entitled to withdraw
      from the contract. Otherwise, the Seller declares withdrawal from the contract after the deadline to withdraw.

  4. Reservation of title

    Inasmuch as the rules of public order of the country of the Buyer, in particular in the field of
    bankruptcy law, do not contradict the following provisions, the following shall apply if there are no
    contradicting agreements:

    1. The goods are only transferred to the ownership of the Buyer when he has fulfilled all his
      liabilities from the mutual business relationships with the Seller.
    2. The Seller is entitled, without setting a period of grace or declaration of withdrawal, to demand
      surrender of the reserved goods by the Buyer if he does not met his obligation towards the Seller
      in spite of a reminder. Repossession of the reserved goods only means withdrawal from the
      agreement if the Seller has expressly declared this in writing.
    3. The Buyer can further process or sell the reserved goods within the framework of correct
    4. Through processing the reserved goods, which are the object of the reservation of title,
      ownership is not transferred to the Buyer. If other products, which do not belong to the Buyer,
      are processed together with the reserved goods to create a new item, co-ownership of the new
      item is acquired by the Seller according to the stipulation of the value of the reserved goods to
      which the reservation of title extends.
    5. The Buyer assigns now already his demands for the reserved goods, which in case of further sale,
      either further processed or non-processed, are either fully or partly subject to reservation of title,
      to the Seller as compensation for the reservation of title which has become invalid and as
      security for the Seller up to the amount corresponding to the value of the reserved goods
      subject to the reservation of title. On demand by the Seller, the Buyer shall notify his purchasers
      of this assignment. The Seller shall accept the assignment.
    6. If the value of the security, which results from the above-mentioned provisions for the Seller,
      exceeds the amount of the Seller’s demands on the Buyer, the Seller is obliged to release the
      securities on demand by the Buyer to this extent.
    7. The Buyer shall insure the reserved goods, for which the title is reserved, against loss and
      damage; the Buyer shall also inform the Seller immediately of any measure on the part of third
      parties which contradicts the reservation of title, e.g. garnishment of goods which are object of
      the reservation.

  5. Investigation of defects

    Following delivery of goods to the Buyer, the Buyer must immediately inspect the goods, particularly
    the type and quantity of goods that have been delivered and any obvious damage that has been sustained during
    transport. Any defects that are
    discovered must be reported in writing immediately. In the case of a justified report of defects, we
    shall be obligated, at our discretion, either to fix the damage or to provide a new delivery. All other
    legal provisions apply.

  6. Billable weight

    Contrary to Article 7 of the General Sales Terms and Conditions (AVB) of Pulp and Paper
    Manufacturers of the EC, Brussels, the billable weight can also be charged based on nominal weight
    in the case of rolls.

  7. Limitation of liability

    Our liability for direct or indirect damages (e.g., business interruption or lost profits), irrespective of
    the legal basis, is excluded.
    The foregoing exclusion of liability shall not apply in the event of:
    • intentional or gross violations of duties by our corporate bodies, employees or agents,
    • injury to life, body or health, and
    • violation of essential contractual obligations

    However, in the last case listed above our liability is limited to damages that are typical and
    foreseeable when concluding the contract.
    The foregoing restrictions and limits shall not be applied to legally mandated liability regulations, such
    as the Product Liability Act.

  8. Place of performance / jurisdiction / applicable law

    1. The place of performance for both parties is A-1040 Wien, Austria.
    2. The exclusive jurisdiction for all disputes arising from or in connection with this sales contract,
      including disputes concerning whether it has actually been concluded, is the commercial court of Vienna, Austria.
    3. The contractual relationships and all other related questions are subject to Austrian law. The United
      Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded pursuant
      to Art. 6 CISG.

  9. Severability clause

    If one of the above clauses is or becomes fully or partly ineffective, the effectiveness of the remaining
    clauses is not affected by this.

    Our sales conditions have been translated into English. In the case of different interpretations between the two language versions, the
    German version shall take precedence.