General Terms and Conditions

valid for Hödlmayr International AG (FN 144567 z), Hödlmayr Logistics GmbH (FN 76945 f), Hödlmayr High & Heavy GmbH (FN 89549 s), Hödlmayr Rail Logistics GmbH (FN 463903 k) and Hödlmayr Urban Logistics GmbH (FN 69696 w)

Last updated: Jul 2017

These General Terms and Conditions apply to all offers and contracts insofar as Hödlmayr International AG, Hödlmayr Logistics GmbH, Hödlmayr High & Heavy GmbH, Hödlmayr Rail Logistics GmbH or Hödlmayr Urban Logistics (in short: “HÖD”) are suppliers or contractual partners. Written or verbal orders received by HÖD from the contractual partner (in short “CP”) shall be deemed to be an offer from the customer, which shall only be accepted by a written order confirmation from HÖD; silence on the part of HÖD shall never be deemed to be consent or acceptance. The applicability of the AGB of the CP is expressly excluded - even if reference is made to this.

The agreed price does not include, except where expressly stated, the separately payable value added tax, unforeseen expenses, insurance or packaging, which are charged separately. It is only valid for the specific contract and is limited to the agreed time of performance. Offers and contracts apply exclusively to the agreed performance, deviations from these are billed separately.

HÖD reserves the right to make partial deliveries and partial billing. All invoices are to be paid promptly in cash without deduction and free of charge. In the event of a default in payment, default interest shall be charged at the usual bank rate, but at least at 7% above the discount rate of the National Bank or equivalent successor rate applicable on the day after the due date. In the event of its delay in payment, the CP undertakes to reimburse all pre-litigation costs, such as in particular dunning and collection costs. In particular, HÖD is entitled to demand an amount of Euro 15.00 from the Customer per completed reminder for its own reminders.

The provisions of these General Terms and Conditions shall apply unless mandatory statutory provisions are applicable or special provisions exist in this item 4. The Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Uniform Rules concerning the Contract for the International Carriage of Goods by Rail (CIM) shall apply to all contracts of carriage, including national contracts of carriage; in addition, the General Austrian Forwarders’ Terms and Conditions (AÖSp) shall be agreed, unless they conflict with mandatory provisions of the CMR or CIM. A separate transport insurance must be requested in writing, at the latest, 3 days before the order is carried out.

  1. Reservations on delivery of the goods must contain detailed information about damage. In the event of failure to inspect the goods together and to notify HÖD in writing of any damage in good time, HÖD or a third party commissioned by HÖD must be given the opportunity to inspect the damage without delay and must be informed in writing when and where such inspection is possible, failing which it shall be assumed that the damage did not occur while HÖD was in charge of the goods.
  2. HÖD expressly excludes any liability for damages resulting from the agreed use of open transport means not covered with tarpaulins, such as dents or scratches, paint splinters and paint damage
  3. All non-standard special equipment parts, accessories, other objects located in vehicles, etc. must be announced in writing at the time of placing the order, otherwise it will be suspected that these objects were not present at the time of transfer.
  4. If the vehicles to be transported are not or not safely ready for driving and operation or if other special features are to be observed, this must be communicated in writing at the time of the placing of the order. In addition, the CP has to provide the goods to be transported in such a state that a problem-free loading of the goods to be transported and a safe transport is possible. In the case of vintage vehicle transports and special vehicles, it must be announced in writing on the occasion of the placing of the order whether a special operation is required. The suitability of vehicles for transport in open transport units not covered with tarpaulins (e.g. resistance to wind, weather, etc.) must be assessed by the Customer and, if necessary, the goods to be transported must be packed accordingly without impairing the loading and unloading capability on or from our transport units. The Customer shall be liable for damages caused by a lack of suitability or defectiveness of the goods to be transported. If, due to the local conditions, an unhindered execution of the transport is not possible, the client will take care of the removal of the obstacles or will bear the additional costs due to changed routes.
  5. Vehicles must be made available for collection by the CP in a non-polluted, icy or snow-covered state, otherwise it is not possible to check the goods to be transported for damage or suitability for transport. HÖD is not obliged to free the vehicle from dirt, ice or snow before taking over. Damages reprimanded by the recipient upon delivery shall be deemed not to have occurred during the care of HÖD if they were not visible during collection for the reasons stated. In the case of liquid outlets or parts which become detached on the transported vehicle of the CP, the latter is liable for consequential costs arising.
  6. The transport is carried out with open transport means not covered with tarpaulins. Damages and losses caused by this are excluded from the obligation to compensate.
  7. The loading and unloading of the goods to be transported is not covered by the transport order. In the case of truck transports, HÖD shall provide the sender or the recipient with the respective truck driver or third persons free of charge for this purpose, who shall act exclusively on the instructions of the sender or recipient. The sender and the recipient must ensure that they are present at the loading and unloading, otherwise the provided persons will carry out the loading and unloading according to usual care at the risk of the CP.
  8. In the event of any other exclusion, defects must be complained about in writing immediately upon acceptance. The recipient must ensure that an authorized person is present at the time of delivery and takes over the cargo, otherwise demurrage shall be due at the agreed transfer price. In this case, HÖD is also entitled to store the goods at the place of delivery. Complaints must be made in writing without delay, at the latest by 12 noon on the next working day, in the event of delivery in absentia and are limited to clear damage occurring during the care of HÖD, the burden of proof lies with the CP, damage exceeding this is deemed not to have occurred during this period. In any case, HÖD must be given the opportunity to visit the site immediately in writing.
  9. HÖD shall be liable for any delays in the collection, transport or delivery of goods which are due to the CP or persons to whom he is entitled, for additional expenses, in particular a booth fee of € 65 per hour.

Delivered goods remain the property of HÖD until full payment has been made. The goods may not be pledged or transferred for security without the prior consent of HÖD. The CP is only entitled to resell the delivered goods before paying the agreed price in full if he simultaneously releases the sold goods from the retention of title by paying the delivery price part, which corresponds to the sold quantity. If the CP does not duly comply with its contractual obligations, HÖD shall be entitled at any time to reclaim its property at the CP’s expense, and the CP shall be obliged to surrender it. In this case, the CP is obliged to compensate HÖD for the disadvantages of any kind caused by the circumstances in his sphere at his request.

The place of performance for the delivery/performance as well as for the payment is - unless otherwise agreed - the registered office of HÖD. The delivery period begins with the legally valid conclusion of the contractual agreement and ends on the day on which the goods have been delivered or the service has been rendered or the goods have been held ready for collection or delivery or the service has been duly offered. No warranty or guaranty is given for a specific delivery time, but instead agreed delivery times are only approximate values, unless explicitly fixed dates are the content of the contract. HÖD endeavors to observe the agreed delivery dates as accurately as possible. If the specified delivery date is exceeded by more than 30 days, the CP shall be entitled to withdraw from the contractual agreement by means of a registered letter after setting a further - appropriate to the type and scope of the order - grace period of at least 90 days. HÖD may also withdraw if delivery/performance becomes impossible due to force majeure or other unavoidable obstacles not in the sphere of HÖD.

In both cases, HÖD remains entitled to claim the agreed price, insofar as this does not result in any accumulation of wealth. Delivery/service is at the CP’s expense and risk, partial deliveries and services are possible. The loading, transport and delivery of the goods to be delivered shall in all cases be carried out at the risk of the CP, unless otherwise agreed or unless statutory provisions are contrary. Transport insurance is only provided at the express request of the Customer.

The CP is obliged to accept the agreed delivery/performance without delay. In the event of default of the CP, HÖD retains its claim for consideration (payment). The delivery/performance shall be deemed to have been performed on the day on which the acceptance should have taken place in accordance with the contract.

HÖD provides the CP with a legal warranty that the goods are free of defects at the time of delivery. Warranty and warranty claims are excluded in any case if the object of purchase has been changed or inappropriately treated. In the event of takeovers, the CP must check deliveries and services and notify noticeable defects immediately in writing. Warranty and warranty commitments of the manufacturers or other third parties cannot be asserted against HÖD. The special right of recourse against HÖD pursuant to § 933b ABGB is excluded. HÖD shall not be liable for compensation for slight and gross negligence. In addition, HÖD shall not be liable for lost profits or consequential damages. No liability is assumed for damages and disadvantages due to late delivery or performance. If the claim for damages is otherwise lost, the CP shall request HÖD to remedy the damage by setting a reasonable deadline. Damage repair and improvement attempts are to be carried out exclusively by HÖD or its agents and a replacement claim exists only if an improvement is impossible. Claims for compensation are limited to the amount of compensation provided by the company liability insurance.

HÖD and its suppliers are not liable for damages under the Austrian Product Liability Act (PHG) or other product liability provisions with regard to damage caused by the defective products and raw materials placed on the market by HÖD to objects used by an entrepreneur within the framework of his company. In the case of the transfer of products or parts of products from HÖD by the CP, the CP is obliged to transfer this exclusion of liability to his customers in full, and also with this obligation of engagement as an obligation of all other customers. The CP waives in advance all rights of recourse which he would be entitled to under § 12 PHG against HÖD or its suppliers. In the case of the transfer of products or parts of products from HÖD by the CP, the CP is obliged to transfer this waiver to its customers in full, and also with this commitment as an obligation of all other customers. HÖD does not guaranty that the products it passes on to the CP without errors are also free from errors as part of the products produced by the CP or its customers in the sense of the PHG.

Offsetting or asserting a right of retention against any claims of HÖD by the CP is only permissible with a counterclaim which has been determined by a final decision or undisputed.

In the event of cancellation of an order after the start of our performance of the contract, which also includes preparatory work, 40% of the order amount shall be charged as a cancellation fee, without prejudice to the assertion of any further claims.

The same principles apply to the confidentiality of electronically transmitted data as to the other business dealings of the contractual partners. Data transmitted electronically may only be used for the purpose of the contract. The principles of proper data processing and storage must be observed. Data subject to data protection laws must be treated accordingly.

For all disputes arising from this contract, depending on the material jurisdiction, only the district or regional court Linz an der Donau is agreed, as far as transport orders are concerned, this is considered as an additional jurisdiction to Art. 31 CMR. The General Terms and Conditions for the “Riola” repair method of HÖD apply primarily to Riola repair orders. If individual parts of these General Terms and Conditions are or become invalid or void, the remaining contract remains unaffected. The provisions in question are to be replaced by such regulations by means of interpretation in accordance with § 864 ABGB, which best fulfill the originally intended purpose. The mandatory provisions of the KSchG are not affected by these GTC. The legal validity, interpretation and fulfillment of the GTC, as well as all legal relationships between HÖD and the CP, are subject exclusively to Austrian law.