General Terms and Conditions of Purchase of BIOMONTAN Produktions und Handels GmbH (FN 209672t)

1. Scope of application

   Our following General Terms and Conditions of Purchase shall apply exclusively, except where otherwise agreed in writing.
   Any provisions deviating from or going beyond these General Terms and Conditions of Purchase shall only apply to the extent that we expressly state this in writing. This shall also apply in the event that the Supplier's General Terms and Conditions of Business provide stipulations to the contrary and we do not subsequently expressly object to them.
   In the event of an existing business relationship, all subsequent orders shall be deemed to have been placed subject to our General Terms and Conditions of Purchase, even when no separate reference to our General Terms and Conditions of Purchase was made.

2. Formation of the contract

   Offer: In his offer, the Supplier undertakes to exactly meet the specifications of our invitation to tender with respect to the quantity and quality of the goods to be supplied and in the event of deviations to explicitly notify us in writing and in advance. If the Supplier fails to provide such written notice, he shall not be entitled to claim a higher consideration in the event of deviations. All quotes by the Supplier shall be binding and made free of charge.

   Order, Contract: Contracts are deemed to be concluded by the placement of our order. Only written orders shall be valid; any agreements made verbally and/or by telephone shall only be binding for us if followed by a written confirmation. Deviations from our order in an order confirmation transmitted by the Supplier shall have no legal effect.
   Our consent must be obtained for any use of sub-suppliers by the Supplier. Queries regarding orders and deliveries are to be directed exclusively to our purchasing department.

3. Cost estimates

   Cost estimates of the Supplier shall be binding when they are submitted in writing.

4. Prices

   The prices shall be deemed to be indicated as DDP destination as per order (as per Incoterms® 2020), packed, unloaded and shall be invariable fixed prices. Where no prices are stated in our order, the Supplier must send us an order confirmation in which the prices are stated, provided there exists no general price agreement between us and the Supplier. In the former case, the contract shall only be deemed concluded when we accept the order confirmation in writing.
   In the case of prices expressly quoted as non-binding, we will only accept price increases until the conclusion of the contract and only if these are justified in detail and can be proven. In any case, our express written consent to such price increases must be obtained before the invoice is issued.
   In the case of general price reductions, we assume that these are also taken into account for the current order. Unless otherwise agreed, the applicable service rates negotiated between us and the Supplier shall apply to the services invoiced by the Supplier.
   After completion of the service assignment, but at the latest at the end of each working week, the Supplier or his service personnel must submit the evidence of work performed for confirmation by the us. Only persons expressly authorized by us to do so may confirm such records and evidence of work performed.

5. Travel expenses

   The travel costs of the Supplier's service staff (including the costs of transport and transport insurance for personal luggage as well as for the tools carried and the tools dispatched) shall only be reimbursed by us after a written agreement to this effect has been made.
   Unless otherwise agreed, railway costs (including surcharges) or costs for air travel [economy class] shall be reimbursed for the Supplier's service staff. Where a motor vehicle is used, mileage allowance shall be paid according to the respective valid Austrian cost rates.

6. Delivery and Delivery Periods

   The agreed delivery periods and delivery deadlines must be strictly adhered to. Partial deliveries are inadmissible, save where they had been expressly agreed. Delivery shall be made at the expense and risk of the Supplier and be made DDP destination as per order (as per Incoterms® 2020). In the event of imminent delay in delivery, the Supplier shall be obliged to inform us immediately in writing, stating the reasons and the expected duration of the delay.
   In the event of a delay in delivery, we reserve the right either to withdraw from the contract or to insist on delivery in accordance with the rights to which we are legally entitled. Delivery dates shall only be deemed to have been met when the necessary commercial and technical documentation (e.g. CE marking, declaration of substances, disposal regulations, EC safety data sheets) has also been delivered in full.
   Interruptions of operation and production breakdowns at our premises as well as events of force majeure shall release us from the obligation to accept the ordered goods and shall release us from any liability to pay damages.

7. Packaging

   Except for specific instructions, the goods are to be packed in accordance with customary trade practice, appropriately and flawlessly, in accordance with the statutory provisions (e.g. ADR, REACH) and correctly labelled in accordance with the relevant legal provisions. If the packaging is at our expense, only the cost price shall be invoiced. The specific agreements made with the Supplier shall apply to the return of borrowed containers. The Supplier shall be liable for any transport damage resulting from inadequate packaging by the Supplier.

8. Shipping

   Should a consignment not be accompanied by the appropriate shipping documents, the delivered goods will not be accepted as fulfilled order or further treated, but will be stored at the Supplier’s risk and expense. Our order number must be stated on the shipping documents (delivery notes, freight and customs documents).
   The Supplier shall select the mode of dispatch that is most favourable for us and adapted to the value of the goods. Any ancillary costs associated with the execution of the order which are not regulated by agreements shall be borne by the Supplier.
   The driver must have a command of spoken and written German that is adequate to the requirements. The driver shall be obligated to spontaneously present to us his driving license and ADR permit. We shall have the right to copy the driving licence and ADR permit. We guarantee compliance with data protection regulations.
   Securing the load shall be the responsibility of the Supplier and the carrier. The driver must have a valid professional driver's qualification, which includes an appropriate training course on the subject of "load safety". The Supplier shall therefore, if he engages a carrier, equip the vehicle with the necessary load securing equipment such as anti-slip mats, belts, etc., so that the driver can carry out appropriate load securing in accordance with the statutory provisions.
   Only vehicles and transport units may be used for transport that are allowed to carry dangerous goods within the meaning of the current version of the ADR in certain packagings pursuant to Chapter 7.2 of the ADR. The carriage of dangerous goods within the meaning of ADR must comply with the provisions of Chapter 8.5 of the ADR.
   The Supplier guarantees that the required operational and traffic safety of the transport units (vehicles) - within the meaning of the relevant legal provisions - will be checked before the start of each transport operation.
   The cleaning of the vehicles and transport units shall be the responsibility of the Supplier or the commissioned carrier and shall not be performed by us. The Supplier or carrier will be required to provide us with a list of all transport units used (type of vehicle, registration number, etc.) as well as the data of the dangerous goods drivers used; in the event of any changes to the vehicles and drivers, notification must be made immediately. The same shall apply to subcontractors who are used on behalf of the Supplier. The Supplier undertakes to use only carriers who have the licences required under public law and also have adequate liability insurance.
   The Supplier shall comply with the statutory provisions on the transport of dangerous goods.

9. Warranty

   The Supplier provides a full and genuine warranty and guarantee for himself, his subcontractors and pre-sellers for a period of two years that all delivered products and/or other services are provided in accordance with the order or call-off, are complete and free and clear of any defects, and, in particular, comply with the properties that are usually expected and may have been represented, have been mentioned in public statements and are in conformity with samples and specimens and are in accordance with all relevant statutory and regulatory provisions that are applicable at the place of destination and/or in the distribution markets reported by us.
   The warranty period shall run from the date of commissioning or commencement of use by us or our customer.
   The Supplier acknowledges that because of the full and genuine warranty and guarantee described, we are not obliged to inspect the delivery item and to give notice of defects. Acceptance of the delivery item does not constitute a waiver of the assertion of defects.
   We shall be entitled, at our sole discretion, to require the Supplier promptly and at short notice to rectify defects at his own risk and expense, either by way of improvement (repair, additional delivery of the missing item/service) and/or replacement, and/or to claim a reduction in price; or to return the goods to the contractual partner at his own cost and to rescind the Agreement; or to take measures on our own account to remedy the defects or defects in workmanship or service or service not provided by the contractual partner or have such defects remedied or performance of services carried out by third parties at the contractual partner’s risk and expense.
   In the event of repair of the delivery item, including the replacement of defective parts, the warranty period shall begin anew in this respect. At the same time, the warranty for the entire product shall be extended by the period during which the product could not be used due to the defect and its removal.
   The aforementioned genuine warranty and guarantee does not affect our other claims, in particular those arising from statutory warranty, compensation for damage and withdrawal from the contract.
   The Supplier shall demonstrably draw our attention to all risks that may usually be expected in connection with the use of the product.
   In the event of the assertion of a warranty claim, the burden of proof as to the defect not having been present at the time of the handing over lies during the entire warranty period with the Supplier. The warranty issued by the Supplier shall also apply to hidden defects and the related warranty period shall only start to run from the date on which we became fully aware of the defect.
   In the event of defects of any kind whatsoever, we shall be entitled to withhold the entire outstanding purchase price and/or consideration for the work/service until the defect has been fully remedied.

10. Third Party Intellectual Propert Rights

    The Supplier warrants that no third party intellectual property rights (patents, trademarks, design or utility model rights, copyrights, equipment, product names, know-how, territory protection or any similar rights, even when only an application for the grant of such rights has only just been filed) will be infringed by our contractual use of the delivered products or other outputs (including, but not limited to photographs, product descriptions and other texts – hereinafter referred to as “product-related data”). We are not obliged to verify whether any intangible property rights for the products or other delivered outputs exist and/or are being infringed; rather, we are entitled to assume that the Supplier is entitled to all rights that are necessary for the proper fulfilment of contracts with third parties. The Supplier shall indemnify us and hold us harmless against any and all claims asserted by third parties in this respect.
    Without prejudice to any further rights on our part, we shall in such a case and until it is established whether such asserted claims are legitimate, be entitled to refuse acceptance of the goods, to return already accepted goods to the Supplier at his expense and to withhold payment of the total purchase price.
    Should our contractual relationship with the Supplier - for whatever reason - be terminated, we may use product-related data as long as we have the Supplier's goods in stock.

11. Billing

    After proper delivery/service, invoices conforming to the applicable VAT formal requirements shall be sent to the following address: Biomontan Produktions- und Handels GmbH, Chemische Produkte Papier- und Umwelttechnik, Regensburger Straße 5, 4470 Enns, Austria.
    Our order number must be clearly visible on invoices and credit notes. Invoices without an order number will be returned to the Supplier. In such case, the invoice shall be deemed not to have been issued until it is again received. Invoices for materials must indicate the mode of dispatch. Invoices for services must contain details of the records and evidence of work performed on which the invoice is based.

12. Payment

    Unless otherwise agreed, we will make payment within 14 days with a 3% cash discount or within 45 days net from the date of invoice.
    We reserve the right to make use of all legally permissible possibilities for set-off against our counterclaims when settling the invoices. The time of payment does not affect the Supplier's warranty or our right to complain.

13. Documentation for orders

    All information, drawings, models and samples, which we provide to the Supplier for the manufacture of the delivery item or performance of service, remain our intellectual property. We shall receive an exclusive right of use to the drawings and documents produced by the Supplier according to our specifications; such drawings and documents may not be used by the Supplier for other purposes, duplicated or made available to third parties. Unless otherwise agreed, they must be handed over to us immediately after the execution of the delivery or, in the event of non-execution of the delivery, without our specific request, promptly and in full, including any copies.
    The Supplier shall regard orders and the work relating thereto and all documents made available for this purpose as business secrets and treat them accordingly as confidential.
    For each case of a breach of this obligation, the Supplier shall be obliged to pay a contractual penalty of EUR 5,000.00 per breach. This contractual penalty shall not be subject to judicial mitigation and shall be owed even where the incurrence of damage cannot be proven, the defence of continuation of the contract shall be excluded.
    The payment of the contractual penalty does not affect the assertion of further claims by us. Unless expressly agreed otherwise, no remuneration shall be granted for the preparation of plans and the like.
    The Supplier shall be allowed to mention or refer to his business connection with us in promotional material or publications of any kind only with our explicit, written consent.

14. Product liability

    The Supplier shall enclose to his delivery, a copy of instructions for use and precautions and warnings in German language. As far as possible and reasonable, such instructions shall be affixed directly onto the delivered items.
    In the event that, after acceptance of the delivery by us, defects in respect to the delivered goods should emerge or be detected within the meaning of Section 5 of the Austrian Product Liability Act (Produkthaftungsgesetz), and/or that the properties of a product no longer comply with the state of the art within the meaning of Section 8 of the Product Liability Act, the Supplier shall be obliged to take such goods back and to refund the entire purchase price.
    If we incur a damage within the meaning of section 1 of the Product Liability Act due to a product delivered by the Supplier, the Supplier shall be fully liable to us under the title of product liability for any damage caused by the product. The limitations of § 2 of the Product Liability Act are hereby expressly excluded.
    In the event that a defect in the delivered goods is capable of jeopardising the health or life of third parties, the Supplier shall also be liable for the costs of a recall campaign that may become necessary – even if only as a precautionary measure – and for any compensation for damages caused thereby, including reasonable legal costs (including the cost of bringing an action) incurred in this context. This also includes such payments or deliverables which we have judicially or extrajudicially undertaken and agreed with the injured party in order to fully or partially settle its own product liability. We will notify the Supplier about the content and scope of such a recall measure, to the extent possible and reasonable and in due time in advance to give him the opportunity to comment.
    If a product liability claim is asserted against us under the Product Liability Act in respect of goods delivered by the Supplier, the Supplier shall be obliged to immediately provide us with all requested means of evidence, in particular quality and inspection and investigation reports, certificates, expert opinions and the like, at his own cost. Furthermore, the Supplier undertakes in regard to such a case, regardless of any fault, to reimburse us for all damages or disadvantages arising from our liability as well as for the costs of any related legal proceedings. The Supplier undertakes to take out an appropriate insurance policy in accordance with section 16 Product Liability Act, whereby we reserve the right to require the Supplier to provide evidence of appropriate coverage. Should the Supplier not comply with such a request within 14 days, we shall be entitled to withdraw from the Agreement and may demand compensation for damages, including compensation for loss of profits.

15. Written form

    Where written form is required in these General Terms and Conditions of Purchase, this requirement of form shall be met by letter, fax or e-mail (also without electronic signature).

16. Place of performance, place of jurisdiction and applicable law

    Unless otherwise agreed, the place of performance for the delivery of the goods or services is the checkpoint at the factory entrance of Biomontan Produktions- und Handels GmbH.
    The registered office of our company in 4470 Enns, Austria, shall be the place of performance for both parties with regard to all rights and obligations resulting from any contractual transactions effected with us, except where a specifically defined or other place of performance has been agreed.

    The sole venue and jurisdiction for all disputes arising from or in connection with the present contractual relationship shall for the Supplier be that of the court competent with regard to the subject matter in respect to 4470 Enns, Austria.
    The present agreement shall exclusively be governed by Austrian substantive law. The conflict of law rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are hereby explicitly excluded.
    We shall be entitled to store and process personal data of the Supplier by means of electronic data processing. We refer in this respect to our >> Privacy Statement.

17. Environment policy

    Environmental protection is a priority issue for us! We take all necessary measures to meet environmental standards and ensure the safety and well-being of our employees.
    We therefore also bind our contractual partners who work on our premises to comply with our environmental standards. In this context we want to stress the following points:

    • We maintain good relations with our neighbours and with the local and national public.
    • Commitment to order and cleanliness (paint, oil, fuel, etc. must not be poured into street inlets or canals!)
    • Waste that results from the work of the Supplier must be disposed of properly
    • Obligation to report environmentally relevant incidents (e.g. contamination of surface water, soil, groundwater, etc.)

18. Special supplementary terms and conditions can be downloaded here as Pdf-file (German Language only!)

General Terms and Conditions of Sale of BIOMONTAN Produktions und Handels GmbH (FN 209672t)

1. Scope of application

   All legal transactions between us as Contractor and the Buyer shall exclusively be subject to these General Terms and Conditions of Sale (hereinafter referred to as “Terms and Conditions”). As a framework agreement these present Terms and Conditions shall also be applicable to any further contractual transactions effected between ourselves and the Buyer.
   We shall not be bound by any deviating terms and conditions of business of the Buyer or by any other Buyer’s restrictions, even if we should not have expressly objected to them.
   Should a provision of these Terms and Conditions be or become ineffective, then the effectiveness of the remaining provisions shall remain unaffected thereby. Any such ineffective provision shall be deemed to be replaced by an effective provision that corresponds as closely as possible to the commercial purpose of the ineffective provision.
   Any agreements deviating from or supplementing these Terms and Conditions require the written form.

2. Offers, orders, conclusion of contract, documentation

   Our offers are non-binding in terms of price, quantity, delivery period and availability and subject to confirmation. Any oral agreements shall only become binding for us upon our written confirmation.
   Contracts will not be considered effective until we have confirmed your order in writing, or performed an act of implementation (e.g., delivery/shipping of the goods).
   Articles sent for inspection and selection in connection with purchase orders shall be deemed approved by the Buyer if they are not returned within 14 days (receipt by us).
   Technical information in our documentation is approximate only, unless it has been expressly guaranteed as binding. Design- or production-related changes and variances shall remain reserved in every case. We may correct mere typing and calculating errors in offers, quotes, order confirmations, or invoices at any time.
   Plans, sketches or other technical documentation as well as samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property; the Buyer shall not be granted and shall not acquire any rights of whatsoever kind thereto, in particular no rights to use or exploit the work. The Buyer is not entitled to disclose such documentation to third parties. Such documentation shall be returned to us immediately upon request.

3. Dispatch, delivery, force majeure and its consequences

   The contractual delivery periods shall commence upon dispatch of the order confirmation by us. The corresponding period will, however, not start until all of the technical or other information, documentation, down-payments or any other Buyer performance (hereinafter referred to as “Provisions Precedent”) required for us to be able to meet our obligations have been confirmed as received at our company. In case of delays regarding the contractual Provisions Precedent, the delivery period shall be extended accordingly. The delivery period shall be deemed to be met if the delivery item leaves our warehouse before the delivery period has expired, or if we have notified the Buyer of the readiness for delivery by then. If the shipment of goods that are ready for dispatch is not possible through no fault of our own, we are entitled to store such goods at our discretion at the Buyer's cost and risk, resulting in the delivery being considered performed. In this case, we are – in particular – entitled to provide storage ourselves at market prices, or to have the ready-to-dispatch goods stored with a third party on the Buyer's behalf and at his expense.

   We will observe the specified delivery dates to the best possible extent; however we cannot assume any liability to this end. In the event of a delay in delivery, the Buyer shall grant a grace period of at least 4 weeks and such grace period shall start to run from the receipt of a formal written reminder by us. After an expiry of the grace period to no avail, the Buyer shall be entitled to rescind the contract without being entitled to any further claims.

   We reserve the right to select the mode and route of shipment, with any liability being excluded. We shall, in particular, not be obliged to select the cheapest mode of transport.

   Packaging – including that of partial and/or advance deliveries - will be according to normal trade practice. Costs of additional packaging shall be borne by the Buyer.

   Surcharges for express delivery or air freight shall be invoiced separately. Transport insurance will be obtained only if ordered by the Buyer and at the Buyer's expense.
   The transfer of risk to the Buyer shall occur upon the hand-over of the goods to the carrier; this shall also apply if the freight charges are borne by us. Our obligation to deliver shall be met at the time the goods are handed over to the carrier or, in case of their collection by the Buyer, at the time of their provision.
   We may effect and invoice partial deliveries and the Buyer shall not be entitled to reject partial deliveries.
   War, operational or traffic disruptions, acts of government or other cases of force majeure as well as strikes, lock-outs, shortages of raw or auxiliary materials, energy or labour, production breakdowns or other hindrances which prevent, delay or make unreasonable the production and dispatch, acceptance or consumption - including on part of our suppliers -, shall discharge us from the delivery obligation and/or acceptance for the duration of the disruption and the extent of its effect and shall entitle us to withdraw from the contract, in whole or in part, without the Buyer being entitled to claim damages. Obstacles due to a pandemic or trade embargo or delivery boycott are also considered to constitute force majeur when the pandemic, the trade embargo or delivery boycott was predictable.

   In the event that the placing of our products on the market is officially prohibited or restricted, we shall not be obliged to take the products back or to compensate the Buyer and if we are required by law or by authorities to take the products back, the Buyer shall be obliged to return the products at his own expense in their original packaging and in the same condition in which the products were delivered.

4. Prices

   All our price quotations are subject to confirmation and are quoted, unless otherwise expressly specified, in Euro (€) and net of applicable value added tax. Unless otherwise agreed in writing, cost estimates are made without warranty for their accuracy. Any changes in wage costs due to collective agreements or statutory regulations or internal company agreements, as well as changes in other cost centres relevant to the calculation or costs necessary for the work to be performed, such as those for materials, energy, transport, external work, financing, etc., especially all occurances mentioned in contract point 3. (penultimate paragraph) shall entitle us to increase the prices accordingly until the date of delivery. The Buyer shall not be entitled to withdraw from the contract on this ground, nor shall he be entitled to assert frustration of contract. However, a delay in delivery for which we are responsible shall not result in a price increase. Unless otherwise agreed in writing, all prices are understood to be quoted excluding incidental charges. Costs for packaging, shipping, customs and other services (assembly, installation, etc.) will be invoiced separately.

5. Payment

   Unless otherwise agreed, our invoices - also for partial deliveries - are payable 30 days from the date of invoice without any deduction. Payments shall only be deemed to be effected when the sum is finally available on one of our accounts. Bank charges and other costs of the payment transaction shall be borne by the Buyer.
   Should the deadline for payment be exceeded, we shall be entitled to charge default interest in accordance with section 456 of the Austrian Business Code (UGB, Unternehmensgesetzbuch), from the due date at a rate which is nine point two (9.2) percentage points above the Base Rate published by the Austrian central bank, without giving any prior notice to this effect. In addition, we may assert any higher damage incurred in connection with the payment default or damages for non-performance. Should the Buyer fail to meet his payment obligations in due time or circumstances become known to us which give rise to reasonable doubts about the Buyer’s solvency or credit standing, all outstanding invoices and bills of exchange shall be become due for immediate payment.
   We may also withdraw from all current contracts with regard to the deliveries and services not yet performed or make further performance dependent on securities which we deem to be appropriate, including advance payment. Any provision of a bill of exchange shall require our consent and its acceptance shall be deemed to be on account of payment (and not in lieu of payment). Any charges in connection with a bill of exchange and/or its discounting etc. shall be borne by the Buyer. Any withholding by the Buyer shall be excluded, except for the case that claim and counterclaim are based on the same contract.
   Any set-off by the Buyer shall be excluded, unless the set-off is made with a claim that has been established by a declaratory judgment of a court of law or expressly acknowledged by us. Assignment of claims against us shall be excluded, with the exception of pure financial claims.
   For export transactions, it is exclusively the Buyer's responsibility to ensure, at his expense, that the necessary export, customs and other permits and the like are obtained and maintained. We are not granting any warranty or guarantee whatsoever that the export of the purchased goods will be permitted. In addition, the Buyer must send the originals of any and all export and customs documents and the like back to us; otherwise, the Buyer must bear any VAT due. Furthermore, for international deliveries, the opening of an irrevocable letter of credit at a bank to be named by us, which is usable upon presentation of the shipping documents or of the freight forwarder's certificate of receipt, is a prerequisite for our delivery.

6. Warranty, damages, aliud deliveries, product liability

   Notifications of defects must be made in writing by the Buyer promptly after receipt of the delivery, but no later than within seven calendar days after delivery and prior to any processing or machining, otherwise any warranty claims and/or claims for damages and/or avoidance on grounds of error shall be excluded. Any assertion of a claim for a defect shall, however, not entitle the Buyer to withhold invoice amounts or parts thereof.

   For any defects which could not be ascertained at the time of acceptance of delivery, the warranty period shall be six months from the delivery date and such period shall neither be extended nor interrupted by any attempts to remedy the defect and the warranty period also applies to partial deliveries. Any claims with respect to such defects must be asserted in writing and within seven calendar days from the detection of the defect, otherwise any warranty claims and/or claims for damages and/or avoidance on grounds of error shall be excluded. Any assertion of a claim for a defect shall, however, not entitle the Buyer to withhold invoice amounts or parts thereof.

   Variances between ordered and delivered goods, such as wrong dimensions or wrong goods (aliud delivery) must be asserted within seven days from delivery and before the goods are machined or processed, even if the goods are not delivered to the Buyer directly. Otherwise, the goods will be considered approved and cannot be taken back or exchanged by us.

   In case of follow-up deliveries we will not assume any warranty for an exact conformity with the initial delivery.

   The Buyer shall always be obliged to provide a proof that the delivered goods were defective at the time of the handover and the legal presumption of section 924 ABGB shall be excluded.

   The warranty will become void if the Buyer himself or third parties perform modifications or repairs on the delivered goods without our written consent. In the event of a complaint about delivered goods, the Buyer shall still be obliged to initially take the goods and to unload and store them properly.

   For those goods that we have sourced on our part from suppliers, we will only provide a warranty within the scope of warranty claims owed to us by the supplier. For the products delivered by us, we will only warrant that they have the properties usually assumed for such products on the market. For properties beyond this, in particular properties mentioned in public statements such as advertising and the information enclosed with the products, we only provide a warranty if these properties have been assured by us in writing when the order was placed.

   For systems, spare parts and equipment, only such defects that affect the functionality and not merely the external appearance shall entitle to warranty claims. Any warranty obligation shall, without exception, apply to the defective parts of the equipment, but not to the labour and travel costs required to remedy the defects.

   We may choose whether we will satisfy the warranty claims by means of replacement, rectification, price reduction, or contract rescission.

   Unless otherwise agreed by a special agreement, the place of performance for our services to be performed from the warranty title is the location of our company's registered office.

   The assignment of warranty claims and claims for damages or the like is prohibited, except for pure financial claims. If the Buyer sells the delivered goods, any and all claims from the warranty title against us shall become void; the right to recourse provided for in section 933 b ABGB (Austrian Civil Code) shall be excluded.

   Claims for damages or reimbursement of expenses, regardless of the legal basis, as well as recourse claims, regardless of the legal basis, shall be excluded, except where the circumstances triggering the damage/recourse were caused by intent or blatant gross negligence on our part or on the part of our vicarious agents. This limitation of liability shall not apply to claims relating to personal injury, where we shall be liable also in the event of slight or ordinary negligence. In any case, compensation by us for all direct and indirect damages as well as for pure economic losses, consequential damages (e.g. loss of production, production breakdown or operational breakdown) and loss of profit shall be excluded. In this context, “loss of profit” shall also mean the destruction of a commercial opportunity which already represents a current, independent asset for the Buyer at the time of the damage, e.g. based on an already existing contract of the Buyer with a third party. Insofar as liability on our part exists under the above-mentioned provisions, our liability shall be limited to damages foreseeable and typical for the industry at the time the contract is concluded and shall in any case not exceed the amount of the average damage typical under this kind of contract.

   The burden to prove blatant gross negligence shall lie with the injured party. Claims for damage compensation shall become time-barred after one year from the knowledge of the damage and injuring party.

7. Extended retention of title

   We shall retain ownership of the goods until full payment of the purchase price has been received. This shall also apply to outstanding receivables from affiliated companies or other group companies of the Buyer in connection with the order. Should the Buyer –despite a reminder received from us– default on his payment obligations, we shall be entitled to demand the return of the goods that are subject to retention of title (the “reserved goods”) without granting a grace period or declaration of withdrawal.
   Taking back the reserved goods shall only constitute a withdrawal from the contract if we expressly declare this in writing. In the event that we don’t withdraw from the contract, we may either sell the reserved goods and credit the resulting proceeds minus a 20% resale fee to the Buyer's remaining payables, or take the reserved goods back at the invoice price minus any impairments, and to invoice the Buyer for rent at market price for the time the Buyer was in possession of the goods. The Buyer shall be obliged to keep the reserved goods in safe custody for us and to insure them properly against loss and damage at his own expense. The Buyer hereby assigns his claims from such insurance contracts to us in advance and we hereby accept this assignment. At our request, the Buyer shall disclose the insurer to us. We may notify the insurer of the assignment and/or require the Buyer to enter a record of the assignment in his books.
   The reservation of the right of ownership also extends to the new products resulting from the processing (combination) of the reserved goods. The processing (combination) shall be deemed to have been carried out on our behalf and the Buyer shall not have any claims accruing from such processing (combination) and storage of the reserved goods. If the Buyer processes (combines) our goods delivered under retention of title with goods to which third suppliers are also entitled to retention of title, we shall become co-owners of the product thus created in proportion to the invoice values of the processed (combined) goods.
   The Buyer may transfer his expectant right (Anwartschaftsrecht) to the reserved goods within the course of his business but shall not be entitled to pledge or assign the reserved goods by way of security.
   Furthermore, the Buyer must reserve his conditional ownership of the goods (to which he is entitled under our retention of title) vis-à-vis his customers until the latter have fully paid the purchase price. The Buyer hereby assigns to us in advance as security any claims arising from the resale of the reserved goods with all ancillary rights and security interests, including bills of exchange and cheques; and we hereby accept this assignment. In the event of processing (combination) with products to which equal rights exist, it is understood that the assignment shall be proportionate to the invoice values of the processed (combined) goods.
   At our request, the Buyer shall disclose to us his debtor and the assigned claims.
   We may notify the debtor of the assignment and/or require the Buyer to enter a record of the assignment in his books. Where the reserved goods belong to us only on a pro rata basis, the part of the claims resulting from their sale that is assigned to us shall be determined by our share of ownership. Where the reserved goods are sold together with other goods at a total price, the purchase price claim shall be deemed to have been assigned only in proportion to the value of the reserved goods.
   In the event of attachment of the reserved goods or the assigned claims by third parties, the Buyer must draw the third parties’ attention to our ownership or respective entitlements and shall immediately give us notice to this effect.

8. Advice, obligations in the transfer of products

   Our advice in the form of technical documentation, application advice, details of formulations, etc. regarding the use of our and third-party products is given to the best of our knowledge. However, the Buyer shall himself examine our products for their suitability for the intended processes and purposes and shall be solely responsible for the use, application and processing of these products.
   In the event that damage occurs as a result of our advice for which we would be liable, the limitations of liability stipulated in Article 6 above shall apply accordingly. Where the Buyer transfers the products to a third party for the disposal or use by the latter, he shall be obliged to draw the other parties’ attention to the hazardous properties of the products. Should the Buyer become aware of a property of the goods which was previously unknown to him, he shall promptly inform us thereof.
   The Buyer shall enclose with the products all accompanying documentation and consumer information etc. required by law or by authorities and shall comply with all relevant statutory provisions, in particular any labelling and packaging requirements. He shall be liable to us for any damage caused by non-compliance with such provisions.

9. Rescission of the Agreement

   In the event of default of acceptance or the existence of other important grounds, in particular (but without limitation) where a petition to open insolvency proceedings with regard to the Buyer was filed or such a petition had been dismissed due to lack of assets, the Buyer ceases to make payments, and in cases of force majeure, we shall, without prejudice to any further claims of any kind on our part, be entitled to withdraw from the contract or parts thereof. Such withdrawal on our part shall not entitle the Buyer to any claim of any kind against us. Such rescission shall have legal effect upon our unilateral declaration of withdrawal from the contract.

10. Trademark protection

    Where goods delivered by us are processed, our company name, our trademarks or the special designation of our company (business sign) on the products manufactured with them may only be used with our express consent, even if the goods delivered by us were provided with one of our trademarks or business signs.
    The same shall also apply to the use of our trademarks, business signs and product designations in announcements and business publications such as advertising material, price lists etc.
    It is inadmissible to offer or supply substitute products instead of our products with a reference to our products. In addition, it is not permitted to associate our product designations, whether protected or not, with the word “substitute” or a term with a similar meaning in price lists and similar business documents or to display our product designations opposite the designations of substitute products.

    The Buyer hereby expressly consents that also personal data contained in the contract will be stored and electronically processed by us in performance of this contract. We refer in this respect to our >> Privacy Statement.

    The Buyer shall be obliged to immediately and spontaneously notify us of any change in his/its residential and/or business address, as long as the legal transactions that are subject matter of this contract have not been fully performed by both parties. Should the Buyer fail to notify any such change of address, our statements or notices shall also be deemed to have been received by the Buyer if they have been sent to the most recent address notified to us. The burden of proof that we have received the notification of Buyer’s change of address lies with the Buyer.

11. Written Form

    Where written form is required in these terms and conditions, this requirement of form shall be met by letter, fax or e-mail (also without electronic signature).

12. Place of performance, place of jurisdiction and applicable law

    The registered office of our company in 4470 Enns, Austria, shall be the place of performance for both parties with regard to all rights and obligations resulting from any contractual transactions effected with us, except where a specifically defined or other place of performance has been agreed.

    The sole venue and jurisdiction for all disputes arising from or in connection with the present contractual relationship shall for the Buyer be that of the court competent with regard to the subject matter in respect to 4470 Enns, Austria.

    The present agreement shall exclusively be governed by Austrian substantive law. The conflict of law rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are hereby explicitly excluded.

Information on Collection of personal data

The protection of your personal data is an important concern to us. Therefore Biomontan processes your data exklusively on the basis of statutory regulations (DSGVO, DSG, TKG 2003). This data protection informs about the main aspects of the processing of personal data in our company.

Personal data are all data related to you personally, for example name, adress, E-mail, user behaviour etc.

We process personal data exlusively within the scope of our business activity for purpose of contractual performance, for pre-contractual actions, to meet statutory requirements and on legitimate interest (Art. 6 Abs 1, DSGVO).

Responsible according to Art. 4 Abs. 7 EU-Datenschutz-Grundverordnung (DS-GVO) is Biomontan GmbH, Regensburger Str. 5, AT-4470 Enns. You can contact our data protection responsible person by mail via contact-form or by postal mailing at our postal adress with additional note „the data protection responsible“.

1. Your rights

   You have the following rights regarding your personal data:

   • right of information,
   • right of correction or deletion,
   • right of limitating the processinig,
   • right to object against the processing,
   • right of data portability.

   You have further more the right to complain against processing your data by Biomontan at the following regulatory authority:

   Österreichische Datenschutzbehörde, Wickenburggasse 8, 1080 Wien

2. Collection of personal data when visiting our website

   When you just visit our website for gaining information, which means that you do not sign-in or Transfer data to us otherwise, we just collect the personal data that are transmited to our server by your browser.
   If you want to visit our website, we collect the following data, that are technically necessary, to show you our site and to guarantee safety and stability (Legal base: Art. 6 Abs. 1 lit. f DS-GVO):

   • IP-Adress
   • Date and time of the request
   • Time-zone difference to Greenwich Mean Time (GMT)
   • Content of the request (certain page)
   • Access Status/HTTP-Status-Code
   • Volume of data transmitted
   • Website from where the request comes from
   • Browser
   • Operating System and its user interface
   • Language and version of browser software

3. Cookies

   In addition to the former mentioned data, cookies are safed on your computer when you visit our website. Cookies are small text files, that are, assigned to your browser, stored on your hard disk and by which the instance, that sets the cookie (in this case, us) gains certain information. Cookies are generally used to make the internet user-friendlier and morer effective.

   Our Website www.biomontan.at uses the following kinds of cookies, whose extent and funcionality are described in the following:

   • a) Transient cookies

     are automatically deleted when you close your browser. These include especially the session-cookies which store a so-called session-ID, by with which various requests of your browser can be assigned to a common session. Therefore your computer can be recognized, when you return to our site. The session-cookies are deleted, when you log out or close your browser.

   • b) Persistent Cookies

     are automatically deleted after a given certain time-period, which can vary depending on the cookie. You can delete these cookies in the safety-settings of your browser at any time.
     You can configure your browser-settings in accordance of your needs and, for example, block the acception of third-party-cookies or all cookies. We may inform you, that in this case, you might eventually not be able to use all functions of this website.

4. Withdrawal or objection against the processing of your data

   If you have given your consent for the processing of your data, you can revoke this at any time. This withdrawal influcences the admissibility of processing you personal data after your withdrawal.
   As far as our processing of your data is based on weighing of reasonable interests, you can object against the processing. That is the case, when the processing is not particularly necessary for our fulfillment of a contract with you.
   When stating a founded objection, we ask you to give the reason why we should not process your data.

   In case of your founded objection we prove the facts and will either stop or adapt the data processing or inform you about our compelling legitimate reasons to continue the data processing.
   Of course you can veto against the processing of your personal data for advertising or data analyses at any time. You can give information about your veto by contact-form or by postal mailing to Biomontan GmbH, zH "the data protection responsible", Regensburger Str. 5, 4470 Enns

Biomontan GmbH, April 2018

All content published on this Website is, unless otherwise indicated, subject to copyright protection of Biomontan GmbH, and may not be used by third parties without our written consent. Any unauthorized use of content will be prosecuted if necessary.

Further more we use stock photos from stock agencies, the copyright for these belong to the follwing photographers respectively agencies:

• Front page:
  • Slideshow:
    • Slide "Environmental Engineering and Biogas", Picture "Waste water facility": © iStockophoto.com - tuachanwatthana
    • Slide "Pulp, Board- and Paper Industry", Picture "Paper Machine": © iStockophoto.com - morenosoppelsa
    • Slide "Biomontan is engaged in Climate Protection", Picture "Forest: © Pexels - Felix Mittermeier, Used under CC0 License
    • Slide "Other Industries", Picture "Petrochemics": © iStockophoto.com - zorazhuang
• Parallax-Region, Picture "Water Wave": Fotolia.com - Sciencephoto
• Page "About Us":
  • Picture "Globe in Lab Glass ": © Fotolia.com - sumire8
• Page "Team/Contact":
  • Picture "Hands": © Pexels -Rawpixel.com, Used under CC0 License
• Page "Pulp, Board- and Paper Industry":
  • Picture "Paper Machine": © iStockophoto.com - morenosoppelsa
  • Picture "Paper Mill": © iStockophoto.com - Acnakelsy
  • Picture "Kraftpaper-Roll": © Fotolia.com - Kybele
  • Picture "Waste Paper": © Fotolia.com - cs-photo
• Page "Environmental Engineering and Biogas":
  • Picture "Waste Water Facility": © iStockophoto.com - tuachanwatthana
  • Picture "Digestion Tower at Night": © iStockophoto.com - MichaelUtech
  • Picture "Secondary Sedimentation Basin": © iStockophoto.com - Antikainen
  • Picture "Biogas Facility": © iStockophoto.com - Bernd Wittelsbach
• Page "Other Industries":
  • Picture "Petrochemics": © iStockophoto.com - zorazhuang
  • Picture "Robots Automotive": © iStockophoto.com - WangAnQi
  • Picture "Sugar factory": © iStockophoto.com - Avatar_023
  • Picture "Beverage cans production line": © iStockophoto.com - leventince
• Page "404":
  • Picture "Puzzle": © Pexels, Used under CC0 License