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GTC

GENERAL TERMS AND CONDITIONS

  1. All deliveries and services of F. LIST GMBH, A-2842 Thomasberg, List-Strasse 1 (hereinafter referred to as F/LIST) shall be made exclusively on the basis of these General Terms and Conditions in their respective version (hereinafter referred to as GTC). These GTC shall also apply to all future transactions concerning deliveries and services of F/LIST to the Customer without the need to expressly refer to these GTC.
  2. Any terms and conditions of business (terms and conditions of purchase) of the Customer contradicting, deviating from or supplementing these GTC shall always be deemed to be waived and shall not become part of the contract even if known. Contractual terms negotiated in writing between F/LIST and the Customer in individual cases shall take precedence over these GTC.
  3. Amendments or supplements to these GTC must be made in writing in order to be legally effective in each individual case. Transmission by telecopy shall be deemed to have been made in writing. All this also applies to the waiver of the written form requirement.

CONTRACT

  1. The offers of F/LIST are subject to change without notice and are non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
  2. By placing an order, the Customer makes a binding offer to conclude a contract. Any confirmation of receipt by the Customer from F/LIST shall only constitute a binding acceptance of the Customer's offer if this is expressly declared by F/LIST.
  3. The conclusion of the contract requires in each individual case the written acceptance of the Customer's order by F/LIST. Electronic transmission shall be deemed to have been made in writing. If the written acceptance deviates from the Customer's order, the contract shall be concluded with the content of the written acceptance if the Customer does not notify F/LIST in writing of his rejection within one week.
  4. F/LIST is entitled to accept the contractual offer contained in the order within one week.
  5. The conclusion of the contract with the entrepreneur is subject to the reservation that in the event of incorrect or improper self-delivery, we will not perform or only partially perform. In the event of non-availability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.

PERFORMANCE AND TRANSFER OF RISK

  1. The place of performance for deliveries, services and payments is the registered office of F/LIST in 2842 Thomasberg. This shall also apply if the handover takes place at another location as agreed. The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer when the goods are handed over to a forwarding agent or carrier, but at the latest when the goods leave F/LIST's warehouse. At the Customer's request, deliveries will be insured on its behalf and for its account.
  2. If the delivery or service is delayed through the fault of the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the time at which the service was ordered. In the event of a delay in acceptance lasting longer than one month, F/LIST shall be entitled to charge the Customer a storage fee of 0.5% of the delivery price per completed month.
  3. The contractually agreed delivery and performance period shall apply subject to force majeure. In such cases, the delivery and performance period shall be extended accordingly.
  4. In the event of a delay in performance for which F/LIST is responsible, the Customer shall be entitled, after granting a grace period of 21 days, to claim a lump-sum compensation of 0.5% of the portion of the performance which was not delivered on time or in accordance with the contract due to the delay, per full week, limited in total to 5% of the respective delivery price, insofar as the Customer demonstrably suffers damage as a result of the delay. Other claims for damages shall be determined exclusively in accordance with clause 9.

RESERVATION OF TITLE

  1. F/LIST retains title to the goods until full payment of the purchase price/wage for work and all associated costs and expenses. In the event of even partial default in payment, F/LIST is entitled to collect the goods even without the customer's consent.
  2. The delivery subject to retention of title may only be resold by the Customer with the prior written consent of F/LIST. Claims of the customer against third parties arising from the resale by the customer of the delivery subject to retention of title shall pass to F/LIST in the amount of the invoice. In this case the customer undertakes to make a corresponding book note of the assignment of the claim.
  3. The customer is obliged to treat the goods with care during the existence of the retention of title. Insofar as maintenance and inspection work is required, the customer shall carry this out regularly at his own expense.
  4. F/LIST is entitled to withdraw from the contract with the Customer and to demand the return of the delivered goods if the Customer breaches material contractual obligations, in particular payment obligations (clause 8).

PRICES, PAYMENT OF THE PURCHASE PRICE/WAGE FOR WORK

  1. In the absence of an individual price agreement, the prices according to the respective valid price list shall be deemed agreed. Unless otherwise agreed, the prices are net prices "ex works" (EXW Incoterms 2010).
  2. In the absence of an individual agreement, payments to F/LIST shall be made in US Dollars or Euros (as shown on the invoice) within 30 days (received by F/LIST) of the date of the invoice. No cash discount shall apply.
  3. Payments received shall first be credited against the older debt, in this case first against interest, then against the outstanding capital.
  4. In the event of default in payment, interest on arrears shall be charged at a rate of 8% above the base interest rate per annum, whereby one year shall be assumed to be 360 days. In this case, the Customer shall be obliged to pay all extrajudicial costs for the purpose of legal prosecution. F/LIST is furthermore entitled to declare withdrawal from the contract and to take back the goods subject to its retention of title, after granting a reasonable grace period, without prejudice to its other rights.
  5. Offsetting against claims of F/LIST is only permissible with counterclaims that have been established by a court or recognised by F/LIST. In return, F/LIST is entitled to a right of retention in the event of late payment by the Customer.
  6. The retention of the remuneration for the work or the purchase price is only permissible in the event of the exercise of justified claims for improvement in the amount of the necessary expenditure.

INTANGIBLE PROPERTY RIGHTS

  1. Copyrights and other industrial property rights of any kind are not transferred in connection with deliveries and services to the Customer. Works, documents, drawings, plans, samples and know-how, etc. of whatever kind and form, constitute the intellectual property of F/LIST. Their transfer and use by third parties is not permitted. The purchase price/remuneration for work includes a non-exclusive right of use limited in time to the service life of the goods/services and in fact to the specific use in conformity with the contract. No further granting of rights shall take place, in particular no right to grant sub-licences or processing rights contrary to the contract.

WARRANTY

  1. F/LIST warrants that the goods/services are free from defects at the time of the transfer of risk, thus in particular not for defects attributable to assembly not carried out by F/LIST, to stress on the goods exceeding the specified performance, to negligent or incorrect handling and use of the goods and to other actions of the customer or third parties and to materials provided by the customer or to natural wear and tear.
  2. F/LIST® Stone Products are subject to the special warranty provisions of the Limited Warranty - F/LIST® Stone Products in the latest valid version, which are attached to these GTC as Attachment 1 and form an integral part of these GTC.
  3. For F/LIST® Wood Flooring products, the special warranty provisions of the Limited Warranty - F/LIST® Wood Flooring in the latest valid version, which are attached to these GTC as Attachment 2 and form an integral part of these GTC, shall apply.
  4. With respect to Refurbishment Work, the specific warranty provisions of the Limited Warranty - F/LIST® Refurbishment Services, as amended from time to time, which are attached hereto as Attachment 3, shall apply and form an integral part of these GTC.
  5. With regard to LIMARTEC® WOOD VENEER, the special warranty provisions of the Limited Warranty - LIMARTEC® WOOD VENEER in the latest valid version, which are attached to these GTC as Attachment 4 and form an integral part of these GTC, shall apply.
  6. For F/LIST® Carbon Flooring products, the special warranty provisions of the Limited Warranty - F/LIST® Carbon Flooring in the latest valid version, which are attached to these GTC as Attachment 5 and form an integral part of these GTC, shall apply.
  7. F/LIST® Leather Flooring products are subject to the special warranty provisions of the Limited Warranty - F/LIST® Leather Flooring in the latest valid version, which are attached to these GTC as Attachment 6 and form an integral part of these GTC.
  8. The customer must give written notice of obvious defects in the deliveries or services within 14 days of the actual handover to the customer, and of hidden defects within 7 days of their discovery, otherwise he shall lose all warranty rights and other rights (damages, error, etc.) in relation to the delivery or service. Timely dispatch shall be sufficient to meet the deadline.
  9. In the absence of a deviating regulation in the attachments 1-6 as well as another deviating written agreement in individual cases, the warranty period is 24 months from the transfer of risk.
  10. F/LIST is entitled to choose between improvement or replacement of the defective goods. If improvement or replacement is not possible or not feasible, the customer may in principle, at his discretion, claim a price reduction or, if the defect is not only minor, rescission of the contract. The substitute performance of an improvement by the customer is excluded. In the event that the customer or a third party not commissioned by F/LIST carries out the improvement without the prior written consent of F/LIST, the customer shall lose all warranty claims and other claims relating to the delivery or service.
  11. The defectiveness of the delivery or service as such as well as its existence at the time of the transfer of risk and the timeliness of the notification of defects must be proven by the customer.

WITHDRAWAL FROM THE CONTRACT

  1. F/LIST may withdraw from the contract with the Customer for the following important reasons:
    a) Due to the receipt of an insolvency petition by the court from the Customer.
    b) In the event of the rejection of an insolvency petition by the Customer.
    c) In the event of other cessation of payments by the customer without insolvency proceedings already having been opened.
  2. The Customer is obliged to notify F/LIST immediately in writing of any (planned) (or third party) application for insolvency.
  3. In the event of a delay in performance for which the customer is responsible, the customer shall be entitled to withdraw from the contract after the unsuccessful expiry of a reasonable grace period set in writing, which may in no case be shorter than 21 working days. The right to withdraw from the contract shall not apply in the event of default due to force majeure and due to slight negligence as well as with regard to services and deliveries which are to be specially manufactured according to the Customer's specifications. F/LIST shall only be in default of performance in the event of delivery of an aliud which cannot be approved.

LIABILITY

  1. Liability of F/LIST and of third parties acting on behalf of F/LIST for slight negligence is excluded in any case.
  2. Liability shall in any case be limited to damage occurring to the object of the delivery and service itself, so that compensation for mere financial loss, damage from third-party claims against the customer and all consequential damage shall be excluded.
  3. In the event of force majeure, any liability is excluded.

SEVERABILITY CLAUSE

  1. The invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions. In this case, those agreements shall be deemed to have been made which come closest to the economic purpose of the void or invalid provisions and the intention of the parties.

COMMUNICATIONS

  1. Notices shall be sent to the address last notified in writing in accordance with these General Terms and Conditions and, in a subsidiary manner, in accordance with the respective statutory provisions. Transmission by telecopy shall be deemed to be in writing.
  2. The Customer is obliged to notify F/LIST of any change of address in writing without undue delay, failing which notices sent to the Customer's address last notified in writing shall be deemed to have been received with legal effect. Unless otherwise expressly stipulated, the date of posting shall be decisive for the timely submission of a notice.

JURISDICTION AND APPLICABLE LAW

  1. For all disputes arising out of or in connection with contractual relations between F/LIST and a Customer, the exclusive jurisdiction of the competent court in Wiener Neustadt is agreed. F/LIST shall, however, also be entitled to assert claims against the customer at his general place of jurisdiction.
  2. Austrian substantive law shall apply exclusively to the exclusion of the international rules of reference. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly waived.