Unless otherwise agreed, the General Terms and Conditions of seamTEX GmbH shall apply.
Terms and conditions of the customer that deviate from those of seamTEX GmbH - unless expressly accepted by seamTEX GmbH - shall have no effect whatsoever.
With the acceptance of the order confirmation, the customer declares that he agrees to the General Terms and Conditions of Business of seamTEX GmbH.
Conclusion of the contract
The customer's order constitutes a quotation. seamTEX will then send the customer an order confirmation, confirming receipt of the order only, however, this confirmation does not yet represent the conclusion of a contract. The content of the order confirmation must be checked carefully by the customer and any change requests submitted to seamTEX within 14 days of its receipt.
The contract will not be concluded until a second order confirmation has been received, modified if necessary, if no other change requests have been submitted within 14 days.
If the customer has not submitted any change requests within 14 days of receipt of the last order confirmation provided to him, nor confirmed the last order confirmation, seamTEX will assume that the contract is valid according to the last order confirmation sent.
seamTEX GmbH prices are strictly quoted ex-works and include cardboard packaging plus the applicable country-specific VAT. Export prices exclude customs duties and any possible taxes.
The estimated delivery date will be indicated in the order confirmation from seamTEX GmbH. The estimated delivery date may be exceeded by three weeks for standard products and by six weeks for special production. At the end of these periods, the customer will be entitled to withdraw from the purchase agreement, subject to a period of grace of a further two weeks.
Except for those cases in which, due to law, there is a right to change, we reserve the right to fulfil the guarantee claim according to our own choice by improvement, replacement, repair or reduction of the price.
The customer shall always be required to prove that the defect was already present at the time of handover of the goods. The goods must be inspected immediately upon receipt. seamTEX must be informed immediately of any defects observed during inspection, however, no later than within 14 days of receipt of the goods, indicating the type and extent of the defect.
Latent defects must be reported immediately after their discovery. If a defect complaint is not submitted, or is not submitted in a timely fashion, the goods shall be deemed to be approved and free from defects.
The exercising of guarantee claims or compensation claims due to the defect itself and the right to avoidance on the grounds of error based on the defect shall be excluded in such cases.
The guarantee period is 6 months after receipt of the goods.
Aside from personal injury, we shall accept liability only if gross negligence can be proven as a minimum. The deadline for compensation claims is 6 months from the date of awareness of the damage and the liable party and in any case, 6 years after the provision of the service or delivery.
Right to withdrawal
The buyer has the right to withdraw from the purchase agreement within 1 week. Verifiable costs which have been incurred for seamTEX GmbH until the date of withdrawal from the purchase agreement shall be borne by the customer.
seamTEX GmbH has the right to withdraw from the purchase agreement where labour disputes, strikes, war, uprisings, terrorism, embargo, fire, sequestration, environmental catastrophe, a ban on currency transfers, etc. do not allow for the correct fulfilment of the purchasing agreement.
Deliveries are always performed ex-works, i.e. the risk ends for seamTEX GmbH with the provision of the goods. At the request and cost of the customer, seamTEX GmbH can organize transportation of the goods to a destination chosen by the customer.
If a different regulation has been agreed, the respective last valid version of the INCOTERMS shall be applicable.
Deliveries will be made to the address provided by the customer.
For collections of supplied goods, the customer will be given a date from which the goods will be ready for collection.
The customer is obliged to pick up the goods which he has ordered within 5 working days of notification of their date of readiness for collection. At the end of this period, seamTEX GmbH shall be entitled to invoice the customer for a corresponding storage fee.
Goods are always supplied in corresponding boxes and where necessary, on pallets. Boxes on pallets will be protected from spray water and dirt by plastic film.
Special export packaging/sea freight packaging will be invoiced at cost.
In order to avoid errors, the customer shall be entitled to request a sample, which will be produced according to his requirement profile.
This sample will be invoiced at a single item price in accordance with the current price list.
Changes to the submitted sample will be possible without further cost once only.
Further change requests that are not within the remit of seamTEX GmbH will be calculated at the respective applicable hourly rate according to the actual time and material outlay.
Reservation of title
seamTEX GmbH shall retain the sole ownership of the delivered goods until full payment is received.
The customer may not sell, gift or loan the goods and must protect the goods from access by a third party.
The goods must be replaced by seamTEX GmbH at the invoiced price if signs of use or wear are visible on the goods.
Declaration of consent to advertising
The customer agrees to receive notifications from our company about our products, current offers and other company-related information via email.
The customer expressly grants his consent that seamTEX GmbH may use all data received as part of the conclusion of a contract for internal purposes.
Provided that positive information has been received, invoices must be settled within 10 days of the invoice date.
However, seamTEX GmbH expressly reserves the right, for orders from foreign countries, or in the case of high value orders, to demand corresponding guarantee sums from the customer.
If individual clauses of the General Terms and Conditions of Business of seamTEX GmbH are, or become, ineffective, this shall not affect the effectiveness of the remaining clauses. In the event of the ineffectiveness of one or several clauses, both parties to the contract shall endeavour to put in place a new agreement that most closely satisfies the economic purpose and interests of both parties to the contract.
Court of jurisdiction / place of fulfilment / governing law
Austrian substantive law is applicable. The applicability of the UN CISG is excluded. The contract language is German.
The place of fulfilment is the headquarters of seamTEX GmbH.
For the settlement of all and any disputes arising from the sales agreement, the court which is local to the headquarters of seamTEX GmbH shall be the competent court of jurisdiction.
All disputes arising from this contract and which do not involve injury, dissolution or nullity, will be settled in accordance with the Arbitration and Conciliation Ordinance of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these rules.
The number of arbitrators shall be one. The applicable law shall be Austrian substantive law and the language to be used in the arbitration proceedings shall be German.