The following Terms and Conditions shall apply to all purchases made by EMCO-TEST Prüfmaschinen GmbH, unless otherwise agreed.
Only orders placed by the Customer in writing shall be binding. Acceptance of each order shall be confirmed by the Contractor by way of an order confirmation. In the event that no order confirmation is received within 7 days (calculated from the date of dispatch), the order shall be deemed to have been accepted with binding effect. Any departures from the technical or commercial specifications contained in the text of the order must be indicated in the order confirmation and confirmed by the Customer.
All delivery notes and invoices must state the order and item number of the Customer.
2.) Quality management:
If the Contractor has a QM certificate, this must be transmitted in writing to the Customer within the appropriate time intervals.
3.) Packaging, preservation, and technical documentation:
Unless specifically prescribed otherwise, the goods shall be packaged in an appropriate manner as is customary within trade and in fault-free condition. The Contractor undertakes to use packaging for the ordered products that is as efficient and environmentally friendly as possible. Any packaging that must be classified as special waste shall be returned to the Contractor, or the costs of disposal shall be invoiced to it. The production parts delivered must if necessary be preserved in such a manner that interim storage at the Customer’s warehouse will not represent any problem. Anti-corrosion agents customary within trade shall be used for this purpose. If special preservation is required, this must be noted on the production drawing. Technical documents (diagrams, and inspection sheets if necessary) for production parts shall be sent by the Customer to the Contractor. Critical production parts must be marked with the inspection parameters. These must be checked and documented by the Contractor in all cases and retained for any follow-up action. For parts that have inspection features, an inspection report must be enclosed when the parts are delivered. At least 5 parts must be inspected. The inspected parts must be marked accordingly in order to clearly identify them.
4.) Delivery times:
All deadlines and periods shall be regarded as fixed deadlines and periods. If the Contractor determines that the agreed periods and deadlines cannot be met, the Contractor shall be obliged to inform the Customer promptly in writing, stating the reasons and the expected duration of the delay. In the event that a deadline is not met, the Customer shall be entitled to select a replacement contractor and to charge the costs thus incurred to the initial contractor. However, the Customer shall be required to inform the first contractor of this fact. The delivery day shall in principle fall at the latest at the end of the calendar week indicated. In the event that a more specific delivery date is necessary, this shall be stipulated or agreed to separately in the order.
5.) Enquiries, order documentation, confidentiality:
All technical documentation relating to our enquiries or orders shall remain our property and may not be otherwise used or passed on to third parties without our written approval.
6.) Payment and delivery terms:
Payment and delivery terms shall be agreed upon specifically between the Customer and the Contractor. Any amendment to these terms must be approved by both parties.
7.) Discontinuation of parts:
Should the Contractor become aware that a part or component will no longer be available or deliverable within a certain period of time, the Contractor undertakes to give notice of this fact to the Customer immediately.
8.) Jurisdiction, applicable law:
Jurisdiction shall lie in Salzburg, Austria. Any disputes relating to orders shall be governed by Austrian law.