GTC

GTC of PET Austria GmbH – Version 09/2026

 

1. Scope.

These General Terms of Sale and Delivery apply exclusively to entrepreneurs within the meaning of section 1 of the Austrian Commercial Code (UGB). We do not enter into contracts with consumers. They apply to the present transaction as well as to all future transactions, even if no further reference is made to them in an individual case. Deviating or supplementary terms of the customer shall not become part of the contract unless we expressly agree to them in writing, even if we do not object to them separately. Individual and framework agreements concluded in writing take precedence over these terms.

2. Quotations, orders and prices.

Our quotations are subject to change without notice. The contract is concluded upon our order confirmation or upon delivery. These terms also apply to orders placed by electronic data interchange (EDI/EDIFACT) and to orders and confirmations transmitted automatically. Prices are net, ex works (EXW, Incoterms 2020), excluding value added tax, packaging, loading and freight, unless agreed otherwise. Packaging is charged at cost and is not taken back. If more than two months elapse between placement of the order and delivery, we are entitled to pass on, on a pro rata basis, demonstrable changes in our purchase, material, energy, labour or freight costs as well as changes in exchange rates.

3. Delivery, passing of risk and default of acceptance.

Unless expressly agreed as binding, delivery dates are approximate and non-binding. We are entitled to make partial and advance deliveries. Deliveries are made EXW; risk passes to the customer upon provision of the goods for collection, at the latest upon handover to the customer, the carrier or the forwarding agent, even if we arrange the transport or bear the freight costs in whole or in part. Where a different Incoterms rule is agreed in writing in an individual case, for example DAP, the allocation of costs and the passing of risk shall be governed exclusively by that rule; the agreement of flat freight rates alone does not alter the passing of risk. Goods ordered on call must be accepted within two months of the order at the latest. If the customer fails to accept or collect the goods in due time, risk passes upon notification that the goods are available; we are entitled to charge storage costs of 0.5 per cent of the net value of the goods for each week commenced, up to a maximum of 5 per cent, and, after a reasonable additional period, to deliver, to withdraw from the contract or to dispose of the goods on the best possible terms.

4. Payment and default.

Payment shall be made as agreed or as stated in our invoice, without deduction. In the event of late payment, default interest of 9.2 percentage points above the base rate pursuant to section 456 UGB and a flat fee of 40 euros pursuant to section 458 UGB shall be payable; we reserve the right to claim further collection and legal costs. In the event of default we are entitled to withhold our own performance. If, after conclusion of the contract, circumstances become known which jeopardise the recoverability of our claim, we may demand advance payment or withdraw from the contract. Set-off and retention by the customer are excluded unless the counterclaim has been acknowledged by us, agreed in writing or established by a final court decision.

5. Retention of title.

The goods remain our property until all claims arising from the business relationship have been paid in full. Retention of title also applies where the goods are delivered by a third party on our behalf. The customer may resell the goods subject to retention of title in the ordinary course of business; the customer hereby assigns to us by way of security the receivables arising from such resale. Any pledging, transfer by way of security or access by third parties to the goods subject to retention of title must be notified to us in writing without delay.

6. Product information, suitability and third-party marks.

Information on dimensions, weights, materials, hardness ratings, delivery rates, performance and consumption values contained in catalogues, price lists, data sheets and advertising material constitutes approximate information and not warranted characteristics, unless expressly designated as binding in writing. We reserve the right to make technical changes, changes of colour and type and changes of source of supply. The selection of the goods and the examination of their suitability for the intended use and of their compatibility with the machines and materials used by the customer or its customers are the responsibility of the customer, unless we have expressly confirmed such suitability in writing. Third-party brand, type and series designations serve exclusively to describe suitability for use and do not constitute an indication of origin; the goods are not original spare parts of the respective manufacturers unless expressly designated as such.

7. Warranty.

The warranty period is twelve months from the passing of risk. The customer shall examine the goods without delay after delivery and shall notify us in writing of apparent defects within a reasonable period and of hidden defects without delay after their discovery (section 377 UGB). If notification is not given in due time, the goods shall be deemed approved. The choice of remedy (repair, replacement, price reduction or rescission) rests with us. Excluded from the warranty are normal wear and tear as well as wear parts, consumables and operating parts within the scope of their intended wear, and further defects resulting from improper selection, installation, handling, storage or maintenance, dry running, insufficient water supply, unsuitable or excessively coarse material grain size, exceeding the permissible operating parameters, use of unsuitable third-party parts, and interventions or modifications without our written consent. For goods which we obtain from upstream suppliers, our liability is limited to the extent of our own claims against them. The reversal of the burden of proof under section 924 of the Austrian Civil Code (ABGB) is excluded. The goods complained of must be kept available for inspection in the condition complained of.

8. Liability.

We are liable only for intent and gross negligence. Liability for slight negligence and compensation for consequential damage, loss of profit and pure financial loss are excluded. This does not affect liability for personal injury or the applicable mandatory product liability provisions; recourse by the customer under those provisions is excluded to the extent permitted by law.

9. Cancellation, returns and contractual penalties.

Cancellation by the customer without a statutory right of withdrawal requires our written consent. In this case we are entitled to claim a contractual penalty of 15 per cent of the gross order value; we reserve the right to claim higher actual damages. Cancellation is excluded for goods manufactured or procured specifically for the customer and for cut and made-up goods. Goods delivered will be taken back only with our prior written consent, only if unused and in their original packaging, and against a handling fee of 15 per cent of the net value of the goods; freight and risk of return are borne by the customer. Contractual penalties, penalties for late delivery, bonus-malus arrangements and delivery quota arrangements to our detriment are excluded unless expressly agreed individually in writing.

10. Force majeure.

Events of force majeure, including operational disruptions, failure of our upstream suppliers to deliver, shortages of energy or raw materials, measures taken by public authorities, industrial action, epidemics and disruptions to transport, release us from our obligation to perform for the duration of such events. If the event continues for more than two months, either party is entitled to withdraw from the contract in respect of the affected scope of delivery.

11. Export, sanctions and customs.

In the event of onward delivery, export or re-export, the customer shall comply with the applicable export, customs and sanctions provisions, in particular those of the European Union including Regulation (EU) 2021/821 on dual-use items. The customer shall indemnify us against all claims resulting from any breach. Our obligation to perform is subject to the proviso that no sanctions or embargo provisions preclude performance.

12. Governing law and language of the contract.

Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. The authoritative language of the contract is German; translations serve information purposes only.

13. Place of jurisdiction and place of performance.

The place of performance is our registered office. The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court having subject-matter jurisdiction in Wels, Austria (section 104 of the Austrian Jurisdiction Act; Article 25 of Regulation (EU) 1215/2012). In addition, we are entitled to bring proceedings against the customer at the customer’s general place of jurisdiction.

14. Data protection.

We process the customer’s personal data for the performance of the contract on the basis of Article 6(1)(b) GDPR. Details of the processing and the rights of data subjects are set out in our privacy notice at www.pet.co.at. Advertising by electronic mail is carried out only within the limits permitted by law or on the basis of separate consent.

15. Final provisions.

Written form within the meaning of these terms includes e-mail and other text form, except where a handwritten signature is expressly required. There are no verbal side agreements; amendments and additions require written form. Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected; the invalid provision shall be replaced by a valid provision which comes closest to the economic purpose of the invalid one. We accept no liability for printing and typesetting errors.

Authoritative version and contracting party.

This English text is a translation provided for information purposes only. In the event of any discrepancy, the German version of these terms, available at https://pet.co.at/wp-content/uploads/2026/08/AGB_PET_Austria.pdf, shall prevail. For customers domiciled in Germany, the contracting party is PET Deutschland GmbH, whose own General Terms of Sale and Delivery apply exclusively, available at https://pet.co.at/wp-content/uploads/2026/08/AGB_PET_Deutschland.pdf, unless agreed otherwise in an individual case.

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