General Terms &
Conditions of Business

Definition:
"SELLact" means SELLact Diwo & Lehner KEG.
"The Customer" means the person, firm or other entity which contracts with SELLact for the purchase of the Goods.
"The Goods" means products of any kind manufactured or sold by SELLact Diwo & Lehner KEG.

General: Any placement of an order involves the full acceptance of our Terms and Conditions. These Terms and Conditions are the legal basis for all follow up business ventures and do not require separate negotiations. No variation, modification or substitution for these Terms and Conditions (even though included in or referred to in the document placing the order) shall be binding on SELLact, unless specifically accepted by SELLact in writing.

Voiding and or altering of our Terms and Conditions apply only to the corresponding changes. All other parts of our Terms and Conditions remain unchanged. Altered and changed paragraphs of our Terms and Conditions are applied to meet the most economic and systematic standards of our Terms and Conditions.  

We reserve the right to modify the payment delivery and credit terms on a case by case basis.

Descriptions, Illustrations and Dimension: The Customer shall be responsible for ensuring the accuracy of the Terms of any order submitted by it. SELLact shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in correspondence, catalogues and any other literature supplied by SELLact. All goods sold by SELLact are subject to change in shape, color, function, size and price without prior notice.

Shipping and Taxes: All prices are in EUR and subjected to shipping and handling charges depending on the shipment location. The Customer must add 20% VAT unless a company supplies its VAT ID number (not applicable for Austrian residents and German residents for deliveries from German warehouse).

Payment: Payment within 8 days net, if not agreed upon differently, provided that all previous balances are settled. For all new customers: advance payment or C.O.D. For customers outside of the European Union payment only by irrevocable letter of credit in our favour opened with a Bank registered in Austria.

Delivery: Standard items usually within few working days upon order. Shorter delivery requests will be dealt with on a case by case basis and are subject to availability. D elivery terms written on order confirmation are not binding. Should delivery be delayed, SELLact does not accept any order cancellation and/or request for indemnity.

Special orders: Require additional time and increase production costs. Minimum 50% deposit on all special orders, and full payment for direct ships. Special orders cannot be cancelled after order is placed with the source of supply or once fabrication has begun. Special order items may not be returned.

Rental Fees: Do not include 20% VAT, shipping and handling. Rental fees are due within 8 days of invoice date.

Shipping of rental items: All rental items are shipped via dpd parcel service or any other similar service from our Innsbruck warehouse. The receipt of all rental items are timed one day prior to the effective rental day. Other terms are possible. Rental Service only available in Austria and Germany.

Return of rental items: All rental and service items are to be returned within 48 hours after end of rental contract. Late fees will be assessed.

Copy and license rights: SELLact shall not be held liable for third party violations of copy rights, license rights, branding contracts, i.e., fotographs, artwork, prints, logos etc. or any other violations of applicable laws and customs. Any and all accounts of such violations against SELLact will be forwarded to the contract partner.

Prices: are subject to change without notice, the prices of goods are those in effect at the time of sale. Please contact our office for current prices. We will be pleased to furnish quotations either by mail, fax or E-mail.

Claims: Claims against broken, damaged, lost or missing items must be made in writing directly to the SELLact office in Innsbruck / Austria within 5 days (for customers within the European Union) or within 10 days (for customers outside of the European Union) from the date of receipt of goods. Any complain must be accompanied with evidence; such as photographs, declaration letter from customs officer &/or customer.

Compensation for damages: SELLact will reimburse the Customer only for damages and losses subject to gross negligent of SELLact. Personal damages are excluded. The proof of gross negligent is to be brought by the contract partner. All claims become time/barred within 2 years. All Rental items and service parts are property of SELLact. Any loss or damage will require full reacquisition compensation.

Shipping damages: All shipping damages must be claimed with the respective service provider for compensation.

Warranty: Warranties are within the applicable Austrian laws and apply only to damages caused by incorrect manufacturing or material defects. Mishandling, incorrect storing, unintended use and altering of the items are not subject to any warranty. W arranties cannot be transferred or assigned to third parties. They are limited to the purchaser only.

Suspension: Should SELLact be delayed in or unable to make delivery owing to any cause whatsoever beyond its control, SELLact shall be free at its entire discretion either to suspend or terminate the contract without incurring any liability to the Customer for any loss or damage there from.

Retention of title: All goods sold by SELLact remain the property of SELLact until payment is fulfilled.

Applicable of law: Any dispute shall be settled by the law Court of Innsbruck. Austria has the exclusive competent jurisdiction. The present conditions are governed by the Austrian law and the relevant German text shall be the only authentic text for interpretation. Any UN or international judicial norm are excluded.

Stand 08/2006
Subject to modifications.