General Terms and Conditions of Sale and Delivery
Salzburg Aluminium Group
1. conclusion of contract: The following terms and conditions apply exclusively to all our deliveries and services. Purchasing conditions, whether general or special, of the purchaser shall only be binding on us if we expressly acknowledge them in writing in individual cases. Our offers are always subject to change without notice. Orders placed with us as well as any changes to orders are binding on the buyer in all cases. Orders placed or changes made shall only become binding for us upon our written order confirmation.
2a. Prices: All prices are ex works and are exclusive of VAT, unpacked and are current prices, unless a term price or “deviating conditions” (packaging, transport, etc.) has been expressly agreed in writing. For orders without an express price agreement, the prices of the day of delivery shall apply.
A fixed price agreement for the metal is subject to the following conditions. If the hedging of this fixed price on the LME margin call gives rise to claims on the part of our broker, these must be borne by the customer. We are entitled to invoice these to the buyer at any time. Changes to the order on the part of the customer (delivery quantity in relation to delivery date) entitle us to pass on any resulting costs to the customer. This includes expenses incurred by us as a result of devaluations of the LME market price at the agreed price (mark-to-market loss).
We shall be entitled to increase the price appropriately if, after the offer has been made, changes have occurred in the prices of raw materials or auxiliary materials, wages, salaries, freight or other public charges. The buyer shall not acquire any right to the tools by participating in the tool costs. These shall remain our property. Discounts, rebates and terms of payment with regard to the tools require a special agreement. Three years after the last delivery we are entitled to scrap the tools. Costs for the modification, maintenance and replacement of the tools shall be borne by the customer.
2b. Acceptance quantity: A contractually agreed total quantity shall be deemed a fixed acceptance quantity. The customer thus guarantees us an unalterable obligation to take delivery at the contractually agreed delivery date and the contractually agreed price. If the contractually agreed total quantity (purchase quantity) is not or not in due time or only partially accepted by the buyer and if this results in a changed delivery quantity regulation for us or changed delivery dates for a part or the total quantity of goods to be delivered monthly, then the costs and additional expenses arising from this are to be borne by the buyer. In this case, we shall be entitled to charge such costs to the purchaser even outside of any agreed invoicing modalities.
If at the Buyer’s request the monthly delivery quantity is postponed to a later delivery date, all costs and expenses incurred by us as a result of such postponement shall be borne exclusively by the Buyer.
Changes to monthly delivery quantities (total quantity agreement) or changes to delivery dates are to be announced by no later than the third working day before the end of the month preceding the delivery month or by no later than the third day before the start of the pricing period in the case of average agreements.
3. delivery and delivery time: Our delivery shall be deemed to have taken place upon handover to the buyer, the forwarding agent or carrier, or after notification of readiness for dispatch. Our deliveries are subject to timely and correct deliveries by our suppliers. The delivery obligation shall commence on the day on which we accept the order, but not before all details of the execution have been fully clarified. If the purchaser has to procure documents, information, permits, releases or make a down payment, the delivery period shall not commence before these obligations have been fulfilled. Obstructions to the execution and delivery of an order which cannot be eliminated by us or cannot be eliminated in an economically reasonable manner (e.g. strikes, breakdowns, lockouts, delayed arrival of primary material, traffic disruptions etc.) as well as their consequences shall be deemed force majeure and release us from the obligation to deliver without the purchaser being entitled to claim damages. We are entitled to make the ordered deliveries after the obstruction has ceased to exist. The right to compensation as a result of delay in delivery is in any case excluded even if it has occurred due to damage to the machines and tools used in the production of the ordered material and we are not entitled to claim damages.