Standard Terms and Conditions

Standard terms and conditions – ALU TP GmbH, Völkermarkt/Austria

Our standard terms and conditions below apply for all quotations, contracts, deliveries and other services. Any terms and conditions of the customer deviating from our own terms and conditions, including merely additional terms and conditions, which we have not expressly accepted in writing, are excluded, even where we have not expressly objected to the customer’s terms and conditions in the particular case. By accepting our deliveries and services, the customer expressly acknowledges that they are bound by our standard terms and conditions.
Our customers’ data shall be stored and processed electronically, where permitted by law.

1. Quotation, order acceptance

Our quotations are subject to change. Orders and any order amendments placed with us, whether directly or through our field-service employees, are in any case binding on the purchaser. Orders and amendments placed with us only become binding upon our written confirmation of the order or upon delivery.

2. Prices

All prices are quoted ex works and are, unless agreed otherwise, quoted in euros, excluding value-added tax (VAT), which shall be invoiced at the current rate in force. All prices are actual prices. Where no price has been expressly agreed for a particular order, the prices valid at the date of delivery shall apply. We shall be entitled to make reasonable price adjustments where we incur an increase in raw-material or auxiliary-material prices, wages, salaries, freight or other public charges after the offer has been submitted.

3. Delivery, passing of risk, dispatch, packing

Goods are delivered ex warehouse and, unless agreed otherwise in writing, are dispatched at the customer’s risk and expense. The goods are deemed to have been delivered on handing over to the purchaser, forwarder or carrier, or on notification that the goods are ready for dispatch. Our deliveries are subject to correct and timely delivery by our upstream suppliers. Freight costs and, where relevant, the costs of insuring the consignment at the purchaser’s request shall be borne by the purchaser. Special loading and dispatch instructions issued by the purchaser shall be carried at the latter’s risk and expense. To a reasonable extent, we shall be entitled to render partial services. If, in our opinion, packing is necessary, the costs therefor shall be borne by the purchaser in accordance with commercial practice.
Depending on the type of products, deviations of +/- 10% in weight, quantity, running length, etc. upon delivery, both with regard to the final quantity and with regard to the agreed part deliveries, shall be permitted, unless provided otherwise in our applicable technical conditions of delivery. The units of quantities determined by us (generally running metre, depending on the product, or quantity, weight, etc. in special cases) are relevant for the purpose of calculating the invoice value.

4. Delivery periods and times

Delivery times indicated may only be considered as approximate. The agreement of firm deadlines is only valid where we have confirmed such agreement in writing. Should a firm deadline be agreed, the delivery period commences on the date we accept the order, but not before all details required to perform the order have been fully clarified. If the purchaser is to provide documents, information, authorisations or approvals or make an advance payment, the delivery period shall not commence until these obligations have been fulfilled.

5. Payment
6. Reservation of title
7. Return of goods

Where goods on which a special contract is based are taken back, there shall be no entitlement to a refund of the purchase price. The purchaser is merely entitled to delivery of replacement goods.

8. Call orders

In the case of call-off orders/framework contracts the goods must be called off completely within the period of time, unless there is an agreement to the contrary. After the period of time has elapsed we are entitled to issue a bill for the goods and to demand immediate payment for them. We are furthermore entitled to issue a bill for the warehousing charges in accordance with the trucking industry rates. With call-off orders the daily price valid on the relevant day of delivery applies. If we are in agreement that deliveries within the scope of the framework contract or deliveries for part quantities can be postponed, then in each case costs in the amount of 50.00 € /Ton per month will be incurred. The purchaser has to bear these costs. These costs will be billed separately at the end of each month as appropriate.

9. Notice of defects, warranty
10. Liability

Irrespective of the legal basis, we shall only be liable for gross negligence by the party with whom the order was placed, our executive bodies or our managers. Liability for slight negligence or for any fault on the part of vicarious agents is excluded.
Where we are liable pursuant to our terms and conditions, damages may not exceed the loss incurred or the lost profit that the party having breached the contract ought to have foreseen on conclusion of the contract, taking into account the circumstances of which the said party had known or ought to have known.
Should goods be delivered in accordance with the purchaser’s drawings or other data, and should these goods infringe third parties’ rights, particularly industrial property rights, we shall be fully indemnified and held harmless by the purchaser. Other claims are excluded unless we are liable for intent or gross negligence.

11. Severability

Should individual clauses of these terms and conditions be or become invalid, all other provisions shall remain unaffected.

12. Place of performance and competent court of jurisdiction

The court for Völkermarkt shall have exclusive jurisdiction to rule on any current and future claims arising from business relations with fully qualified traders, including claims arising out of bills of exchange and cheques.
This same place of jurisdiction applies where the customer has no general legal domicile within the country, moves their domicile or usual place of residence out of the country after conclusion of the contract or where their domicile or usual place of residence is unknown at the time of instituting legal proceedings.

ALU TP GmbH | 9100 Völkermarkt | Austria 12.08.2013

Max-Planck-Strasse 3

9100 Voelkermarkt


Tel: +43 4232 22 44 6 - 0

Email: office[at]