GENERAL TERMS AND CONDITIONS
Exclusively the following General terms and Conditions apply to all contracts and services agreed between the company Rochini GmbH, Ringstraße 15, 6830 Rankweil and the Client, unless expressly agreed otherwise in writing.
Orders, quotation, prices
A contract will only be concluded by written acceptance of the order. All ancillary and additional services must be confirmed in writing. All quotations and information shall be subject to change; prior sale remains reserved. The acceptance of an order can be made dependent on the provision of a security or prepayment. Prices shall be determined according to the order volume and the technical expense, and be agreed separately. The company Rochini GmbH is entitled to invoice costs for the drafting of the quotation. Creative services (creation of logos, sketches, samples, technical documents, drafts, etc.) shall be invoiced if no order is issued for the delivery of goods. All prices are understood ex registered office in Rankweil plus 20% value added tax.
Reservation of title
Until payment of all claims held against the Client that are in the entitlement of the company Rochini GmbH at the present time or in the future, regardless of the legal reason, the company Rochini GmbH reserves the title to the delivered goods. Before the transfer of ownership, the Client shall not be entitled to transfer the remainder in its entitlement to acquire ownership to third parties or transfer possession of the goods to third parties. Rented and loaned items: The orders are subject to the General Terms and Conditions of the company Rochini GmbH. In the case orders are cancelled, the respectively applicable cancellation fees according to the GTC of the company Rochini GmbH will be charged.
Terms of payment
Initial deliveries shall made exclusively on prepayment. All fees for services shall be settled in the net amount within 14 days upon issuance of the invoice. In the case of default on payment, dunning fees in the amount of €20.00 per dunning notice shall be charged and default interest in the amount of 8% above the respectively applicable base rate. Expedient costs for the collection of open debt shall be paid by the debtor. The Client may only offset the claims of the company Rochini GmbH against the claims expressly acknowledged by it or claims found by final and absolute judgment. For current account charges, payment shall be deemed having been made against the liability that has been due for the longest period of time. If the Client is in default with a payment, the acceleration clause will apply and all liabilities will become due immediately.
Delivery / Transfer of risk
The delivery period shall begin on the day on which the order became binding and all information was provided by the Client as required for the execution of the order.
The company Rochini GmbH is entitled to make partial deliveries. In the case of a delay in delay in delivery, the Client shall set a grace period of at least 14 days for the company Rochini GmbH by way of registered letter. The company Rochini GmbH shall not be held responsible for a delay in delivery for reason of force majeure or events that significantly complicate or make the delivery impossible for the company Rochini GmbH. In the case of a delay in acceptance or withdrawal by the Client, the company Rochini GmbH shall hold a claim to 20% of the order total as damage compensation. The delivery shall always be loaded and shipped at the Client’s risk, even if the company Rochini GmbH expressly reserves the right of deciding the type of shipment. Absent any agreements stating otherwise, the items of delivery shall be shipped on account of the Client. Packaging material shall be disposed of by the Client.
The Client is obligated to conduct an inspection of the goods without delay and it shall give written notice of any defects within 3 days as of the acceptance of the goods, as the goods will otherwise be deemed accepted and free from defects. Discrepancies in the colours of models shall not be deemed defects. In the case of transport damages, the compilation of a damage protocol must be initiated immediately.
All drafts, samples, models, sketches, technical documents and other creative services of the company Rochini GmbH are subject to copyrights. Drafts, samples, models, sketches, technical documents and other creative services of the company Rochini GmbH may not be used without the explicit written agreement of the company Rochini GmbH. Imitation, including the imitation of parts, is prohibited. A violation of this provision shall entitle the company Rochini GmbH to demand a contract penalty in appropriate amount.
Place of jurisdiction / Applicable law
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the competent court in Feldkirch. Exclusively Austrian law applies. Should individual provisions of the General Terms and Conditions be or become invalid, the validity of the remaining provisions and the contract shall not be affected thereby. The rights of the Client based on this contract are non-transferrable.