HAWLE - Conditions of Sale

1. General
All our legal transactions, deliveries, other services and offers are exclusively subject to the Conditions of Sale given below. Any terms and conditions of the buyer to the contrary of or in deviation from our Conditions will not be accepted, unless we have expressly consented to the applicability thereof.

2. Prices and terms of payment
The documents included in the our offers such as drawings, figures and weight specifications shall be taken for approximate values only, unless they are expressly defined as binding. This shall apply, in particular, to obvious errors, typing errors, misprints and calculation errors. We reserve ownership and copyright in drawings, cost estimates and other documents. No such documents may be disclosed to any third party.
Our offers and price lists are subject to confirmation - unless expressly agreed otherwise - and shall become binding only upon our written confirmation of the order or any act of implementation performed by us (such as delivery/dispatch of goods). Unless otherwise agreed, the prices are ex works, not including packaging. In national and international merchandise traffic the delivery clause pursuant to Incoterms 2010 EXW (ex works) shall apply, unless otherwise agreed upon in writing.
Any changes in the cost of labour as a consequence of collective bargaining, legal regulations or in-house arrangements, as well as changes in other costs relevant for calculation and for goods and services, such as costs for material, energy, transportation, outsourcing, financing, etc., shall entitle us to increase our prices accordingly. Any orders confirmed by us are excluded from a possible price change. On grounds of such price increase, the customer shall not be entitled to withdraw nor to assert frustration of the contract.
Unless otherwise agreed, payment shall be effected within 30 days net. Payments are always credited against the oldest debts. Any offsetting against claims raised on our part shall be excluded.
In the event that the customer is in arrears with his payments, we shall be discharged from any further contractual obligation and delivery commitment. Moreover, we shall be entitled to retain outstanding deliveries and services or to demand payment in advance and/or guarantees. If the customer’s financial circumstances are substantially worsening after conclusion of the contract, of if we come to know of circumstances that are apt to reduce the customer’s creditworthiness in our opinion, then we shall be entitled to change the maturity of unsettled claims, and to adjust the terms and conditions for future legal transactions with immediate effect.

3. Delivery
Orders confirmed by us will be fulfilled by us as quickly and as far as possible. The delivery dates specified by us are for information only and without responsibility. 

4. Reservation of title
Until payment in full we retain title to all goods delivered by us.

5. Warranty
Standard EN 805 or an equivalent international standard is deemed to be agreed between us and the customer. In cases of warranty it is deemed to be agreed that the pressure test is performed before filling the pipe trench.
The customer shall inspect the quantity and quality of the goods received immediately after their arrival. Any notice of defect shall be asserted in writing by the customer immediately after receipt of the shipment, but not later than within 10 days after delivery and before machining or processing. Otherwise any warranty claims and/or claims for damages and/or avoidance on the ground of error shall be excluded. However, a notice of defect does not entitle the customer to retain amounts invoiced or parts thereof. In general, warranty obligations relate to the defective product and do not extend to expenditures otherwise related to the remedy of the defect, such as excavation costs, labour time and travel expenses. It is left to our discretion whether we prefer to fulfil our warranty obligations by way of replacement, improvement, price reduction or cancellation of the contract.
The onus of proof that the delivered goods were defective at the time of delivery lies with the customer.

6. Compensation and liability

Our advisory service, whether provided verbally or in writing, is for information only and without responsibility, and it does not release our customer from his own duty to check, if our products are suitable and qualified for the intended purpose. This particularly applies, without being restricted thereto, to the suitability of our products for the media intended to be conducted therein (gases and/or liquids).
For any damage incurred by our customer in the course of a business transaction we shall be liable up to a maximum amount not exceeding the value of goods ordered, and only in case of our own gross negligence or the gross negligence of any person acting on our behalf, excepting personal injuries, in case of which we shall be liable already in case of slight negligence. Any compensation for consequential damage, pure financial loss, loss of profit and damages resulting form third party claims shall be excluded. The onus of proof for gross negligence lies with the injured party. The time limit for asserting any compensation claims is one year from getting knowledge of the damage and of the injuring party.
In the event that our customer should be held liable on grounds of the Product Liability Act, he undertakes to inform us immediately by phone or in writing, and to tell us the address of the claimant, otherwise any right of recourse of the customer against us under product liability will expire. Negotiations regarding claims under product liability regarding any of our products shall be held exclusively by us.

7. Place of performance, place of venue, applicable law
The place of performance for delivery and payment shall be A-4840 Vöcklabruck. The exclusive place of venue for all disputes arising out of this contract shall be the court having jurisdiction as regards the subject matter for A-4840 Vöcklabruck. This agreement shall be exclusively subject to the substantive law of Austria, expressly excluding the conflict of law rules as well as the UN Sales Convention (CISG).