General Terms and Conditions of Sale and Delivery

1. General 1.1 All offers, order confirmations and contracts concerning the sale of goods and other services shall be subject to these General Terms and Conditions of Sale and Delivery. These General Terms and Conditions of Sale and Delivery shall apply to current and future business transactions.

1.2 The Purchaser shall not be entitled to set off any counterclaims or to retain any amounts from the amounts payable to us.

1.3 The Purchaser hereby declares that it agrees to the storage and processing of its personal data by us and the use thereof within our group of companies in accordance with the Datenschutzgesetz (Austrian Data Protection Act).

2. Prices
Except as otherwise agreed, our prices are quoted including packaging ex-works or ex PCI warehouse plus value-added tax at the applicable rate. In the event of the collection of goods from our plant or warehouse, we are therefore unable to offer any discount for carriage expenses.

3. Shipment
3.1 Except where otherwise agreed, goods shall be shipped at the expense and at the risk of the Purchaser.

3.2 If goods listed in the bill of lading or delivery note are damaged or are not delivered completely, the Purchaser shall ensure that the recipient of the goods causes the person delivering the goods (the truck driver in the case of shipment by a forwarder and the person responsible at the goods station in the case of rail delivery, etc) to immediately record the details of the damage on the bill of lading and to confirm such details by signature. In addition, the Purchaser shall promptly notify us of the damage by phone or fax. The bill of lading with damage notes shall be submitted to us so that we can enforce claims for damages on behalf of the Purchaser. We shall not be under any obligation to enforce such claims by court proceedings. However, we undertake to take all reasonable action to enable the Purchaser to enforce such claims by court proceedings. Even if the Contract provides for delivery free destination/delivery point of the Purchaser, the Purchaser shall bear the risks associated with the shipment of the goods. In such cases, we shall pay compensation for transport damage if and to the extent that we receive compensation ourselves. In any such case, we shall, at our option, either ship replacement goods to the Purchaser free of charge or credit the amount of compensation received to the Purchaser. 

4. Terms of payment
4.1 Our invoices shall be payable within 30 days after the date of the invoice without any deduction or within 14 days of the date of the invoice with 2% cash discount if payment is made without charges in cash or by transfer to our bank account, in which case the Purchaser shall ensure that the amount is credited to our account within the period set.

4.2 If we agree to payment by cheque, any charges incurred in connection with such payment shall be for the account of the Purchaser and any special conditions and discounts agreed shall only be available if the cheque is paid and the amount of the cheque is irrevocably credited to our account.

4.3 In the event of delay in payment, the Purchaser shall forfeit any special conditions and discounts agreed. A delay charge of 3% of the amount invoiced and delay interest of 1% per month of delay from the date of the invoice shall be paid by the Purchaser. In the event that we pay higher interest to the bank, we shall be entitled to require the Purchase to pay such higher interest rate and the Purchaser shall be obligated to reimburse to us the actual loss or damage incurred by us as a result of delay in payment. In the event of delay in payment, we shall also be entitled to declare any and all amounts owed to us by the Purchaser to be due and payable immediately, irrespective of the terms of payment stated above. The Purchaser shall be obligated to reimburse to us any and all costs incurred by us as a result of delay in payment which are to be added to the principal, including without limitation reminder costs and legal expenses.

4.4 If, following the conclusion of the Contract, any circumstances come to our attention which call into question the creditworthiness of the Purchaser, we shall be entitled, at our option, to require payment for the goods in advance of delivery or the provision of securities for payment for the goods.

5. Complaints, liability, limitations of liability
We warrant that our goods are in accordance with the state of the art at the time of shipment. We shall only be subject to warranty obligations in the event that the following conditions are met.

5.1 The Purchaser shall promptly submit a written complaint giving a detailed, specific description of the alleged defect.

5.2 The Purchaser shall store the defective goods securely; we shall be entitled to collect the goods which are the object of a complaint for inspection or to require the Purchaser to send us samples of such goods. In the event that it is found that any defects in the goods are covered by our warranty obligations, we shall also bear the cost of shipment of the goods or samples, as the case may be.

5.3 If the Purchaser renders it impossible for us to exercise our inspection rights with respect to goods which are the object of a complaint, the Purchaser shall not hold any warranty rights against us.

5.4 The goods shall be properly processed in accordance with our instructions for use.

5.5 Any claims for damages by the Purchaser by reason of the delivery of defective goods or other breaches of the Contract shall be expressly excluded except for such claims for damages based on our wilful act or omission or gross negligence. This shall also apply in the event of any claims based on failure to comply with warranted properties.

5.6 Any claims for damages by the Purchaser shall be limited to the amount of the invoice or Contract concerned and our liability shall be limited to loss or damage caused by wilful act or omission or gross negligence.

6. Delivery and receipt, limitation of liability
We use our best efforts to comply with agreed delivery dates. In the event that the delivery date is exceeded by more than one month, we and the Purchaser shall be entitled to rescind the Contract. Claims for damages in connection with failure to supply goods by delivery dates are expressly excluded, except in the case that such delay is caused by our wilful act or omission or gross negligence. Goods shall be deemed to have been properly delivered in the event that the Purchaser does not submit a complaint promptly after the receipt of the goods.

7. Return of goods
PCI products shall not be returned to us except following our express permission. Carriage expenses for the return of goods shall be paid by the Purchaser. The Purchaser shall not be entitled to set off the assumed value of returned goods against amounts outstanding to us. We shall issue to the Purchaser a credit note for the value of goods returned after deducting a charge of 20% of the price of said goods for cancellation and return expenses.

8. Retention of title
Goods delivered by us shall remain our property until the full purchase price has been paid by the Purchaser (payment has been made in cash or the amount of the invoice has been credited to our account). In the event that our goods are processed before the purchase price has been paid, the Purchaser shall be required, upon request by us, to inform us of the name of its contract partner and the owner of the project. The Purchaser shall be deemed to have assigned claims for payment in connection with the project to us in an amount corresponding to the amounts outstanding to us for the goods. In the event of the resale of goods supplied by us to the Purchaser, the Purchaser shall, upon request by us, be obligated to inform us of the customer for such goods and the amount payable by the Purchaser’s customer to the Purchaser in respect of such goods shall be assigned to us up to the amount payable to us for such goods. We shall be entitled to withdraw our permission for the Purchaser to resell goods to which we retain title without stating any reasons therefor and, in the event of payment delay or justified suspicion of insolvency, to collect the goods supplied by us to which we retain title from the Purchaser.

9. Instructions for use
As there may be considerable variation in working conditions on construction sites and our products are used for a variety of different applications, our instructions for use can only contain general instructions for the use of our products. Any consumption figures given in our instructions for use are average values based on previous experience.

10. Sale of products and advice
In connection with the sale of our products, we also provide advice and information. The provision of such advice and information shall not be deemed to constitute the conclusion of a consultancy contract. PCI provides advice and information to the best of its knowledge and belief but does not assume any liability or warranty for such information and advice. The provision of advice and information shall be deemed to be an ancillary obligation prior to the award of the Contract or an ancillary obligation in connection with the Contract. PCI shall not be liable for any loss or damage incurred in connection with advice or information provided except in the event of the wilful act or omission or gross negligence of PCI.

11. Venue for disputes and place of performance
The place of performance of the Contract and the venue for any disputes arising out of or in connection with the Contract shall be Vienna. The Contract shall be governed by and construed and interpreted in accordance with Austrian law. The UN Convention on the International Sale of Goods shall not apply.

Valid from 1 January, 2018