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FRANKSTAHL ROHR- UND STAHLHANDELSGESELLSCHAFT M.B.H.

Frankstahlstraße 2
2353 Guntramsdorf
Austria

Tel         +43 5 0503 0
Fax        +43 5 0503 - 501
WWW    www.frankstahl.com
EMail     office@frankstahl.com

UID- ATU40146908
Firmenbuch 142511a
Registergericht: Handelsgericht Wien
Behörde gem. ECG (E-Commerce Gesetz): Magistratisches Bezirksamt des III. Bezirkes

URHEBERRECHT
Das Urheberrecht an allen Informationen, Fotos und Grafiken, die in dieser Website enthalten sind, ist Eigentum
von Frankstahl,
Esteplatz 6 , A-1030 Wien - solange nicht anders angeführt.

Sie dürfen diese Informationen nur für Ihren persönlichen Gebrauch nutzen und ausdrucken. Jede weiterge-
hende Nutzung, im Besonderen die Speicherung in Datenbanken, Vervielfältigung, Veröffentlichung, sowie jede
Form von gewerblicher Nutzung, die Verwendung in anderen Dokumenten sowie die Weitergabe an Dritte -
auch in Teilen oder in überarbeiteter Form - ist ohne vorheriger schriftlicher Zustimmung von Frankstahl
untersagt.

Die Informationen auf dieser Website erfolgen nach besten Wissen und Gewissen und entstammen aus für uns
verlässlich gehaltenen Quellen. Wir haften nicht für die Genauigkeit der Informationen auf dieser Website oder
für deren Vollständigkeit und Fairness, und aus ihnen können keinerlei Ansprüche hergeleitet werden. Frankstahl
akzeptiert keinerlei Haftung gegenüber Personen oder Firmen bezüglich des Gebrauchs oder der Verlässlichkeit
von Informationen und Meinungen, die auf dieser Website wiedergegeben werden.

Frankstahl repräsentiert keine der anderen Websites, die über diese Website erreicht werden können,
und übernimmt folglich auch keinerlei Verantwortung für den Inhalt und den Gebrauch solcher Websites oder
die darin enthaltenen Informationen. Frankstahl haftet niemandem gegenüber für jegliche Form von Ver-
lust oder Schaden, die aus dem Gebrauch oder dem Verlass auf Informationen entstehen, die auf einer solchen
Website zu Verfügung gestellt werden.

WARENZEICHEN
Verwendete Produktnamen, Warenzeichen und geschützte Warenzeichen sind im Besitz ihrer jeweiligen Eigen-
tümer. Eine Verwendung von Warenzeichen auf dieser Website dient lediglich zur Information und gibt keine
Auskunft über die freie Verfügbarkeit der Produktnamen und Warenzeichen. Frankstahl erkennt alle Pro-
duktnamen und Warenzeichen an.

 


 
 

 

General Terms and Conditions of Sale and Delivery

of

FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H.

Status (31/1/2020)

 

These General Terms and Conditions of Sale and Delivery ("General Terms and Conditions") are structured as follows:

  • Part A (General Provisions) shall apply to all transactions, unless a regulation of the applicable parts B-D contains a deviating (and not just supplementary) provision which precedes.
  • Parts B-D contain the specific provisions applicable in each case for consumers (Part B), for framework transactions (Part C) and for the processing of transactions via digital interfaces (Part D).

 

  1. GENERAL

 

    1. SCOPE OF APPLICATION
      1. These General Terms and Conditions in their respective valid version apply to all deliveries and services of

 

FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H.

Business address: Esteplatz 6, 1030 Vienna,

Registered with the commercial register of the Commercial Court Vienna under FN 142511a,

Tel: +43 5 05 03 – 0,

office@frankstahl.com,

VAT number: ATU40146908,

Corporate object: wholesale of ores, iron, steel,

Media owner, issuer and publisher: Frankstahl,

Managing director: Mag. Marcel Javor,

Address of the managing director: Frankstahlstrasse 2, A-2353 Guntramsdorf

 

(„Frankstahl, weorus“) towards their customers (the Customer“). These General Terms and Conditions shall apply regardless of whether the customer places its order with Frankstahl via the online customer portal operated by Frankstahl under the domain www.thesteel.com (or various country pages), by e-mail, by telephone, via a digital interface or via another sales channel. The online customer portal is protected by copyright. We are a member of the Austrian Federal Economic Chamber, Trade Division and are subject to the trade regulations (Gewerbeordnung available at www.ris.bka.gv.at). The supervisory authority responsible for us is the Magistrate District Office for the 3rd district of Vienna (Magistratische Bezirksamt für den 3. Wiener Bezirk). We comply with the voluntary code of conduct of the Austrian E-Commerce Quality Mark. (https://www.guetezeichen.at/unternehmen/kriterien/)

 

      1. These General Terms and Conditions shall apply to consumers as well as to entrepreneurs in the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz - KSchG).

 

      1. As far as these General Terms and Conditions refer to "consumers", these are natural persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity, i.e. a transaction does not belong to the operation of their company.

 

      1. As far as these General Terms and Conditions refer to "entrepreneurs", these are natural or legal persons or partnerships with legal capacity for which the business belongs to the operation of their company. The distinction between consumer and entrepreneur is made within the meaning of the KSchG.

 

      1. These General Terms and Conditions are binding for all current and future business transactions with Frankstahl, even if they are not expressly referred to repeatedly. Frankstahl rejects any deviating general terms and conditions of the Customer. Any deviating or supplementary general terms and conditions shall not become an integral part of the contract, even if no explicit objection has been made. Any deviations from these General Terms and Conditions, additional agreements or any possible contradictory terms and conditions of the Customer shall only be valid if they have been confirmed in writing by Frankstahl and shall apply only to the respective individual business case.

 

    1. REGISTRATION
      1. The use of the online customer portal is reserved for registered Customers. There is no right to registration. We reserve the right to demand proof of the identity and creditworthiness of the Customer as well as the power of representation of the persons acting on behalf of the Customer and to refuse the registration of a person without giving reasons within the scope of registration. To clarify, it is stated that the demand for proof of the power of representation of the persons acting on behalf of the Customer can only be of importance if the Customer is an entrepreneur.

 

      1. In the course of registration, the Customer has to provide all required information completely and truthfully and has to update such information subsequently without delay in the event of any changes. After truthful disclosure of all data required in the registration process and acceptance of the registration on our part, the Customer receives a confirmation e-mail with an activation link to complete the registration. After this initial registration, the customer can log into the online customer portal by entering his personal access data (user name and password).

 

      1. The customer undertakes to keep its access data secret and to protect the access data from access by unauthorised third parties. The customer alone is responsible for the secrecy and protection of the access data. If the Customer passes on its access data to third parties, it undertakes to bind the third party to comply with these General Terms and Conditions. The Customer is liable to us for all disadvantages we suffer  because of its failure to comply with the obligation mentioned above. However, the above regulation shall not apply in the event of misuse of the access data by third parties for which the Customer is not at fault. If the access data is lost or if it is suspected that unauthorised third parties have gained knowledge of the access data, the Customer is obligated to notify us immediately by e-mail to office@frankstahl.com so that the Customer account can be blocked.

 

    1. CONCLUSION OF A CONTRACT
      1. If the Customer is interested in a product of Frankstahl, it will receive an offer by e-mail, post or fax. Offers from Frankstahl are non-binding. By placing the order by e-mail, by telephone or via a distribution channel other than those specified in part A section 3.2. or Part D section 3.1., the Customer submits a binding offer to conclude a contract with Frankstahl. The acceptance of this offer and thus the conclusion of the contract is effected by sending a written order confirmation to the Customer (eg by e-mail, post or fax to the e-mail address, mailing address or fax number provided by the Customer). We reserve the right to demand proof of the identity and creditworthiness of the Customer as well as a proof of the power of representation of the persons acting on behalf of the Customer before accepting an order. To clarify, it is stated that the demand for proof of the power of representation of the persons acting on behalf of the Customer can only be of importance if the Customer is an entrepreneur. Any offers made by Frankstahl shall be free and non-binding and merely represent an invitation for the Customer to submit an offer. The contract, order and business language shall be German unless another language has been explicitly agreed upon. The contract data is stored for invoicing purposes and can be viewed by the Customer at any time by logging in.

 

      1. The customer may also place his order via the online customer portal. When the customer clicks on the "Order now subject to payment" button on the online customer portal, he makes a binding offer to us to conclude a contract with Frankstahl. The acceptance of this offer and thus the conclusion of the contract is effected by sending an order confirmation to the customer by e-mail to the e-mail address specified during registration.  Apart from that part A point 3.1 of these General Terms and Conditions shall apply.

 

 

    1. PRICES / WEIGHTS AND TOLERANCES
      1. All prices as well as the entire invoicing shall be in EURO and exclusive of value added tax. Unless agreed otherwise, the sales prices in force on the day of delivery plus the statutory value added tax shall be invoiced. All transport and packaging costs, freight and insurance charges, customs duties, fees and charges will be invoiced separately.

 

      1. Any early payment discounts or other discounts granted shall only apply to the respective delivery and are not granted as well for any subsequent orders or deliveries – this shall also apply if we do not object to any deductions made by the Customer in the case of any subsequent orders or deliveries.

 

      1. The weighing carried out by us or our suppliers shall be used for any weights. However, we can also determine the weights hypothetically according to the volume of the products. We are entitled to increase the hypothetical weight by up to 2.5% (commercial weight) to compensate for rolling and thickness tolerances.

 

      1. The following tolerances apply to blank cuts:

Bar stock: length tolerance +/- 2 mm

Sheet metal/plate material: length and width tolerance +/- 3 mm

Section steel: +/- 2 mm

 

      1. Qualities and dimensions shall be determined in accordance with the DIN-/EN- standards or material data sheets applicable at the time of conclusion of the contract. References to standards, material data sheets or works test certificates as well as information on qualities, dimensions, weights and usability are neighter warranties or guarantees, nor declarations of conformity, manufacturer's declarations and corresponding markings such as CE and GS. The warranty is exclusively subject to section 10. of these General Terms and Conditions.

 

    1. PAYMENT
      1. The method of payment agreed shall apply between the Customer and us. Cheques or bills of exchange will not be accepted.

 

      1. If the Customer places an order via the online shop, we accept the means of payment specified in the online customer portal. Cheques or bills of exchange will not be accepted.

 

      1. Payment periods granted shall start to run on the date of invoicing.

 

      1. If the payment deadlines are not met, we shall be entitled - without granting a grace period – at our choice, (i) to charge interest on arrears in the amount of 9.2 percentage points above the base interest rate, to demand the costs of out-of-court debt collection and collection measures irrespective of fault and to demand compensation for the damages incurred by us or (ii) to withdraw from the contract and demand compensation for non-performance. In the latter case, we shall be entitled, regardless of the Customer's fault and the actual occurrence of damage, to demand or retain the agreed down payment, but at least 15% of the purchase price, as a contractual penalty. The obligation to pay the contractual penalty does not prevent the assertion of further damages.

 

      1. If the payment deadlines are not met, we shall also be entitled to demand immediate payment of all claims to which we are entitled against the Customer.

 

    1. DELIVERY TIME AND ACCEPTANCE DATE
      1. Any deadlines specified regarding delivery of goods are non-binding. We shall not be liable for any delay caused by the supplier. Our delivery obligation is subject to correct and punctual delivery by our suppliers, unless the incorrect or delayed delivery by our suppliers is due to intent or gross misconduct on our part. Claims of the Customer for damages due to delayed performance are excluded.

 

      1. The Customer is obligated to accept the goods immediately after notification of their availability and to confirm receipt. In the event of default in acceptance, the Customer shall, subject to any other rights to which it may be entitled, be obligated to pay storage interest and shall reimburse all costs incurred as a result of the default in acceptance.

 

      1. The Customer may withdraw from the contract due to delay in delivery only by setting a reasonable – at least 4-week – grace period. Withdrawal must be declared by registered mail. The right of withdrawal shall only apply to such part of the delivery or service for which there is a delay.

 

      1. As far as partial deliveries are possible, we can also deliver in parts at our discretion. Each partial delivery shall serve as a separate transaction and may be invoiced separately by us.

 

      1. In the case of large scale production, we do not assume any guarantee for unconditional compliance with the ordered number of items. Any pieces produced in excess of the usual tolerance must be accepted by the Customer at the same price.

 

      1. Delivery obligations and delivery periods shall be suspended as long as the Customer is in delay with a payment or does not perform an action necessary for the fulfilment of an order.

 

      1. Any change to an order shall, subject to our consent, result in a change to the original non-binding delivery date.

 

If the Customer collects the goods by itself or by third parties commissioned by him (in particular forwarding companies), the Customer has to ensure that the motor vehicle provided by it as well as the means for securing the load  are suitable for the lawful loading of the goods. In case a lawful loading of the motor vehicle provided by the Costumer is not possible, or if the necessary means for securing the load are not sufficient, we or the supplier are entitled to refuse loading and charge the Customer with the expenses incurred. Refusal to load the goods for the above mentioned reasons does not release the Customer from the obligation to collect the goods.

 

    1. SHIPMENT/DISPATCH
      1. If no specific shipping instructions have been made at the time of ordering, transport shall be effected to the best of our judgement but without any responsibility for the cheapest shipment. Shipment shall be at the risk of the Customer without exception, even in the case of freight-free deliveries.

 

      1. Prices do not include packaging (see www.frankstahl.com/Verpackung/Lgs.pdf), packaging material will not be taken back. Goods which are dispatched directly to third parties are deemed to have been delivered on the agreed conditions and finally accepted upon dispatch with regard to their external and internal condition.

 

    1. RETENTION OF TITLE
      1. The goods delivered shall remain our property until complete payment of all claims. The total claim is our claim from the delivery of the goods as well as from the delivery of other goods or based on other legal reasons.

 

      1. The retention of title shall not expire until all our claims have been settled by the Customer. This shall also apply in particular with respect to any balance arising from a current account relationship to be borne by the Customer.

 

      1. In case the Customer is in delay with payments, we shall be entitled to demand the return of the goods at any time, even without withdrawing from the contract,. A legal action with respect to the purchase price or a portion thereof does not affect our retention of title. In any case we are also entitled to withdraw from the contract, as long as our retention of title exists.

 

      1. In the event of withdrawal from the contract, the Customer shall only be refunded the amount for the returned goods which corresponds to the current value of the goods at the time of withdrawal, less any handling charges, transport costs and other disadvantages incurred by us as a result of the withdrawal from the contract, including lost profit.

 

      1. As long as our retention of title is maintained, the Customer may only dispose of the goods with our prior written consent. In the event of disposal of the goods, we automatically acquire all claims and demands to which the Customer is entitled from the disposal of the goods and the Customer hereby already assigns to Frankstahl all claims arising out of the resale of the goods.

 

      1. In the event of mixing or processing of the goods, we shall be entitled to all resulting co-ownership claims instead of the Customer.

 

      1. The Customer shall notify us immediately prior to any seizure of or other claim  to the delivered goods by a third party.

 

      1. If the Customer does not pay the purchase price including VAT stated in the invoice until the agreed due date, the Customer shall secure our outstanding claim by providing a sufficient pledge, at our discretion, either on a property belonging to the Customer, on items of property, plant and equipment, on participations held by the Customer in third companies, on  inventory items, on credit  balances held with domestic credit institutions, as well as on unconditional claims arising from deliveries and services rendered in accordance with the contract to Customers with impeccable credit ratings, in each case up to the extent of the due purchase price claim.

 

    1. EXCLUSION OF THE TRANSFER OF RIGHTS

Without our written consent a transfer of the rights from the supply contract to third parties shall be ineffective.

 

    1. WARRANTY
      1. It is the Customer’s responsibility to inspect the goods immediately after receipt or arrival at the station of destination. Any defects found must also be reported to us in writing without delay, at the latest within 7 days of acceptance or arrival at the destination station, describing the defect. Hidden defects must be notified to us in writing immediately upon their discovery by the customer.

 

      1. The agreed warranty period shall be six months.

 

      1. In the event of a punctual and justified complaint, we shall, at our option, provide the Customer with a credit note or free replacement against the return of the defective goods. The right to withdraw from the contract or to rescind the contract on the part of the Customer is excluded. The possibility of special recourse pursuant to § 933 b of the Austrian General Civil Code ("ABGB") after expiry of the warranty period is excluded. The presumption provision pursuant to § 924 Austrian General Civil Code ("ABGB") is excluded.

 

      1. In case  the defect is not notified or not notified in time, the goods shall be deemed as approved and accepted whereby the assertion of warranty and compensation claims as well as the right to contestation on the grounds of error due to defects shall be excluded.

 

      1. Frankstahl shall deliver within the scope of the standards or specifications stated in its documents. All further commitments with regard to special suitability and requirements require the written consent of an authorised representative of Frankstahl without exception.

 

 

    1. CLAIMS FOR DAMAGES
      1. To the extent permitted by law, we shall only be liable for intentional or grossly negligent conduct on our part and only for damages caused directly to the product itself. Claims for damages, in particular damage claims asserted instead of warranty claims, shall lapse within six months from the Customer becoming aware of the damage and the damaging party. The compensation of damages, which did not occur directly on the product itself as well as consequential damages and financial losses is excluded.

 

      1. In case the Customer or our other contractual partner resells the products placed on the market by us or distributed by us, it shall be obliged to pass on the above provision in full to its customers and to oblige them to pass it on to  any following customers. The Customer or our other contractual partner shall be liable to us for all disadvantages suffered by us due to the Customer's failure to effect the aforementioned transfer. Further distribution shall mean any transfer to another customer, whether in unprocessed or processed form in the course of the performance of work (eg installation in a pipe network or other construction).

 

      1. We shall not be liable for damage caused by misuse of the online customer portal or due to improper storage of the Customer's access data or failure to keep the access data confidential. Furthermore, we are not liable for any interruptions or disruptions in connection with the use of the services of the online customer portal. In addition, all liability exclusions of the E-Commerce Act (E-Commerce Gesetz, BGBl. I No. 152/2001 as amended) shall apply.

 

      1. When using the online customer portal, the Customer agrees to comply with these General Terms and Conditions and the relevant statutory provisions and not to misuse the online customer portal. If the Customer violates this obligation, he shall indemnify and hold us harmless in this respect.

 

    1. EXCLUSION OF SET-OFF

Unless expressly acknowledged in writing in individual cases a set-off with counterclaims against our claims is not permissible

 

    1. RELEASE FROM THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS

Force majeure, natural disasters, epidemics or pandemics (e.g. Corona/Covid-19, Sars, Mers etc.) as well as other circumstances outside our sphere of influence and their consequences release us from the obligation to deliver any goods. This applies explicitly to deliveries of material made impossible due to governmental decree or the like (e.g. quarantine, closure of areas/territories or other actions/sanctions regarding health concerns). In case of changes in the creditworthiness of the Customer that jeopardize the fulfilment of the obligations towards us we are entitled to withdraw from the contract or to demand advance payment or securities. In this case, the Customer shall be liable for all expenses we incurred in connection with the order placed. The Customer is not entitled to claims for damages for any of these reasons.

 

    1. DATA PROTECTION

We store and process the customer's data in compliance with the statutory data protection provisions. Information on the protection of the Customer's personal data can be found in the data protection declaration on the website of Frankstahl.

 

    1. NEWSLETTER/AGREEMENT UNDER TELECOMMUNICATIONS ACT (Telekommunikationsgesetz) 2003

If the Customer consents separately in the course of the online order, FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H. will send information and advertising about activities and the range of services offered by FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H. in accordance with § 107 para. 2 of the Telecommunications Act 2003 by e-mail to the e-mail address provided by the Customer. The Customer may revoke this consent at any time in writing by mail to FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H, Frankstahlstraße 2, A-2353 Guntramsdorf, fax: +43/5/0503-501 or by e-mail to frankstahlverbindet@frankstahl.com.

 

 

      1. TERMINATION OF USE OF THE ONLINE CUSTOMER PORTAL

The online customer portal shall be operated until revoked; we shall be entitled to generally discontinue the possibility of using the online customer portal at any time. The obligation to fulfil existing contracts shall remain unaffected.

 

 

    1. AMENDMENT OF THESE GENERAL TERMS AND CONDITIONS

The provisions of these General Terms and Conditions may be amended by Frankstahl at any time without giving any reasons, whereby such changes shall be announced on the online customer portal at least 30 days before taking effect and/or by sending the text of the contract to the e-mail address last provided by the Customer. If the Customer does not object to the changes within 30 days of receipt of the aforementioned notification by e-mail to office@frankstahl.com or letter to FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H, Frankstahlstraße 2, A-2353 Guntramsdorf, the changes shall be deemed accepted. In the event of a timely objection by a Customer, the contractual relationship between this Customer and Frankstahl shall continue in accordance with the General Terms and Conditions in the version prior to the announced amendment.

 

    1. APPLICABLE LAW, PLACE OF PERFORMANCE AND PLACE OF JURISDICTION
      1. These General Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Austria without giving effect to its conflict of law rules and UN Sales Convention. Place of performance for delivery and payment is Vienna.

 

      1. The commercial court (Handelsgericht) competent for Vienna, Inner City (Wien Innere Stadt), shall have exclusive jurisdiction over all disputes arising from the contractual relationship.

 

    1. FINAL PROVISIONS
      1. Any changes, amendments and side agreements to these General Terms and Conditions are only valid if made in writing. This shall also apply to any agreed waiver of the written form requirement.

 

      1. Should any provision of these General Terms and Conditions be invalid or ineffective, the validity of the remaining provisions of these General Terms and Conditions as well as the conclusion of contract shall not be affected thereby. The invalid or ineffective provisions shall be deemed to be replaced by such valid and effective provision as most closely corresponds to the economic purpose and substantive effect of the invalid or ineffective provision. The same applies mutatis mutandis with regard to any regulatory gaps.

 

      1. In case of inconsistencies between these General Terms and Conditions and written side agreements between the Parties, the provisions of side agreements shall prevail.

 

  1. SPECIAL PROVISIONS FOR CONSUMERS

 

    1. PRICE

Unless otherwise agreed, the prices shown on our website at www.thesteel.com (or various country pages) shall be invoiced and transport costs and other ancillary charges shall be invoiced separately. If the Customer does not place his order via the online customer portal, the prices announced by Frankstahl on request shall apply. In all other respects part A section 4 of these General Terms and Conditions shall apply.

 

    1. PAYMENT
      1. Contrary to part A section 5.4. of these General Terms and Conditions, the following shall apply with respect to Consumers: If the payment deadlines are not met, we shall be entitled, at our choice, (i) to charge interest on arrears in the amount of 9%, to demand the costs of out-of-court debt collection and collection measures to the extent as they are necessary for the appropriate prosecution of the law and the Customer is responsible for the delay, and to demand compensation for the damage we incurred or (ii) after setting a reasonable grace period to withdraw from the contract and demand compensation for non-performance. In the latter case, we shall be entitled to demand or retain the agreed down payment, but at least 15% of the purchase price, as a contractual penalty.

 

      1. In all other respects part A section 5 of these General Terms and Conditions shall apply.

 

    1. DELIVERY TIME AND ACCEPTANCE DATE
      1. Part A section 6.2. last sentence of these General Terms and Conditions does not apply to consumers.

 

      1. Contrary to part A section 6.5. of these General Terms and Conditions the following shall apply with respect to Customers: In case of large-scale production, we do not assume any guarantee for unconditional compliance with the ordered number of items, as long as these are insignificant and are objectively justified due to weight fluctuations in the automated counting process.

 

      1. In all other respects part A section 6 of these General Terms and Conditions shall apply.

 

 

 

    1. SHIPMENT/DISPATCH

If no specific shipping instructions have been made at the time of ordering, transport shall be effected to the best of our judgement. The risk of loss of, or damage to, the goods shall pass to the Customer upon delivery of the goods to the Customer or to a third party designated by the Customer. If the Customer has concluded the contract of carriage himself without making use of a choice proposed by us, the risk shall pass to the carrier as soon as the goods are handed over to the carrier. Prices do not include packaging (see www.frankstahl.com/Verpackung/Lgs.pdf), packaging material will not be taken back.

 

    1. RETENTION OF TITLE
      1. Contrary to part A section 8.1. the following shall apply with respect to Consumers: The delivered goods shall remain our sole property our total claim has been paid in full. The total claim is our claim resulting from the delivery of the goods.

 

      1. Contrary to part A section 8.4. of these General Terms and Conditions the following shall apply with respect to Consumers: In the event of withdrawal from the contract the Customer shall only be refunded the amount for the returned goods which corresponds to the current value of the goods at the time of withdrawal, less any handling charges, transport costs and other disadvantages incurred by us as a result of the withdrawal from the contract, to the extent that the withdrawal from the contract can be proven to have been caused by the Customer.

 

      1. Part A section 8.8. of these General Terms and Conditions does not apply to Consumers.

 

      1. In all other respects part A section 8 of these General Terms and Conditions shall apply.

 

    1. RIGHT OF WITHDRAWAL FOR CONSUMERS
      1. If the Customer is a consumer and the contract was concluded online (via the website www.thesteel.com) or otherwise by means of distance communication (by telephone/post/e-mail/fax), he has the right to revoke this contract within 14 days without giving any reasons.

 

      1. The Customer has the right to withdraw from this contract within 14 days without giving any reason.

 

      1. The withdrawal period will expire after 14 days

 

        • from the day (in the case of a sales contract), on which the Customer acquires, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the goods; or
        • from the day (in the case of a contract for several goods ordered by the Customer in the course of a single order and delivered separately) on which the Customer, acquires or a third party other than the carrier and indicated by the Customer, acquires physical possession of the first good; or
        • from the day (in the case of a contract for delivery of goods in several partial consignments or pieces) on which the Customer acquires, or a third party other than the carrier and indicated by the Customer, acquires physical possession of the last partial consignment or the last piece.

 

      1. In order to exercise the right of withdrawal, the Customer must inform us via office@frankstahl.com or FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H., Frankstahlstraße 2, A-2353 Guntramsdorf of his decision to withdraw from the contract by an unequivocal statement (eg a letter sent by post or e-mail). The Customer may use the model withdrawal form below which is, however, not mandatory.

 

      1. In order to meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

 

      1. In case the Customer withdraws from the contract, we shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about the Customer’s decision to withdraw from the contract. We will effect reimbursement using the same means of payment the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event the Customer  will not incur any fees as a result of such reimbursement.

 

      1. We may withhold reimbursement until we have received the goods back or the Customer has provided evidence of having sent back the goods, whichever occurs earlier. The Customer shall send back the goods without undue delay and in any event not later than 14 days from the day on which the Customer communicates his withdrawal from the contract to the following address: FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H, Frankstahlstraße 2, A-2353 Guntramsdorf. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will have to bear the direct costs of returning the goods. In the case of goods which cannot be returned normally by post due to their nature, the direct costs of returning the goods shall be estimated at a maximum of approximately EUR 180 per consignment. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

      1. Model-withdrawal form

 

(complete and return this form only if you wish to withdraw from the contract)

 

To FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H, Frankstahlstraße 2, A-2353 Guntramsdorf, fax: +43/5/0503-501, e-mail: office@frankstahl.com:

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract with the following order number: _____ / the purchase of the following goods (ordered item: __________) (*) / for the provision of the following service (*)

  • Orderd on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is notified on paper)
  • Date

(*) Delete as appropriate

 

 

 

 

    1. WARRANTY
      1. The statutory warranty provisions shall apply in accordance with the following regulations. The agreed warranty period shall be 24 months upon receipt of the goods.

 

      1. The warranty is excluded for defects caused by the Customer. This is particularly the case with improper handling, incorrect operation or unauthorised repair attempts.

 

      1. In case delivered goods show obvious material or manufacturing defects (including transport damage), we ask the Customer to notify us immediately. If an exchange or a repair is not possible (too much effort, unreasonable, delay), the buyer is entitled to price reduction or, if the defect is not minor, withdrawal from the contract (rescission).

 

      1. Frankstahl shall deliver within the scope of the standards or specifications stated in its documents. All further commitments with regard to special suitability and requirements shall, without exception, require the written consent of an authorised representative of Frankstahl.

 

    1. CLAIMS FOR DAMAGES
      1. Frankstahl shall only be liable, for whatever legal reason, for damages caused by Frankstahl intentionally or by gross negligence. The liability of Frankstahl for slight negligence is excluded, with the exception of personal injury and damages resulting from the breach of one of the main performance obligations specified in the order confirmation. The statutory limitation periods shall apply to the assertion of claims for damages.

 

      1. In all other respects part A section 11 of these General Terms and Conditions shall apply.

 

    1. EXCLUSION OF SET-OFF

A set-off against counterclaims against our claims is only permissible in the event of our insolvency as well as for counterclaims which are legally connected with our claim or which have been determined by a court or have been recognized by us.

 

 

 

    1. AMENDMENT OF THESE GENERAL TERMS AND CONDITIONS

The provisions of these General Terms and Conditions may be amended by Frankstahl at any time without giving any reasons whereby such changes shall be announced on the online customer portal at least 30 days before taking effect and/or by sending the text of the contract to the e-mail address last provided by the Customer. Aside from formal adjustments, changes to the General Terms and Conditions require the consent of the Customer. The Customer will be given the opportunity to consent in a suitable manner, for example by clicking an OK-button in the course of the next login or another opportunity to consent. If the Customer does not agree to the amended General Terms and Conditions, the contractual relationship between this Customer and Frankstahl shall continue to exist in accordance with the General Terms and Conditions in the version prior to the announced amendment. The Customer shall be informed that use of the online customer portal is no longer possible if the Customer does not agree to the amended General Terms and Conditions.

 

    1. APPLICABLE LAW, PLACE OF PERFORMANCE AND PLACE OF JURISDICTION
      1. Austrian law shall apply exclusively but without giving effect to its conflict of law rules and the UN Sales Convention In case of consumers, this choice of law applies only to the extent that the consumer is not deprived of the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence.

 

      1. Place of performance for delivery and payment is Vienna.

 

      1. For all disputes arising from or in connection with these General Terms and Conditions or all legal relationships between Frankstahl and the Customer, the statutory places of jurisdiction shall apply.
      2. In case the Customer is a consumer and the contract was concluded online (via the website www.thesteel.com) or otherwise by means of distance communication (by telephone/post/e-mail/fax), the Customer may in the event of disputes turn to the "Internet Ombudsmann" which is a legally recognized arbitration body under the Alternative Dispute Resolution Act (Alternative-Streitbeilegung-Gesetz "AStG"). The Customer can initiate proceedings via https://ombudsmann.at/ or, in the event of complaints about online orders, contact Frankstahl directly via office@frankstahl.at.

 

    1. FINAL PROVISIONS

Part A section 19.2. of these General Terms and Conditions does not apply to Consumers.

 

  1. SPECIAL PROVISIONS FOR FRAMEWORK TRANSACTIONS

 

    1. CONTRACTUAL OBJECT

Framework transactions are based on the fact that the goods ordered by the Customer are produced exclusively according to the Customer's requirements and that these goods are not suitable for any other use.

 

      1. CONCLUSION OF A FRAMEWORK AGREEMENT

Upon dispatch of the order confirmation by Frankstahl, a framework agreement is concluded between the Customer and Frankstahl. These General Terms and Conditions shall apply for framework agreements with the special provisions mentioned under this part C.

 

    1. PRICES

Unless otherwise agreed in the framework agreement, the sales prices in force on the day of delivery shall be invoiced. Transport and other additional charges will be invoiced separately.

 

    1. PAYMENT
      1. Part A section 5.4. sentence 2 and 3 of these General Terms and Conditions do not apply to the framework agreement.

 

      1. In all other respects part A section 5 of these General Terms and Conditions shall apply.

 

    1. DELIVERY TIME AND ACCEPTANCE DATE
      1. Delays in delivery shall only entitle the Customer to withdraw from the contract in respect of goods which are not yet in the manufacturing process and only if the Customer has granted us a reasonable grace period for our services and has informed us in writing regarding the delay.

 

      1. In all other respects part A section 6 of these General Terms and Conditions shall apply.

 

    1. RETENTION OF TITLE

Part A section 8.4. of these General Terms and Conditions shall not apply for framework transactions.

 

    1. WITHDRAWAL FROM THE CONTRACT, ERROR
      1. The Customer may not withdraw from the contract for whatever reason, as the goods in question are not standard commercial goods and are specially manufactured for the Customer.

 

      1. The Customer waives the right to rescind the contract due to error.

 

  1. SPECIAL REGULATIONS FOR THE PROCESSING OF TRANSACTIONS VIA DIGITAL INTERFACE

 

    1. CONTRACTUAL OBJECT

The Customer and Frankstahl have the option of conducting business, in particular inquiries, quotations, orders, order confirmations and invoices, via Frankstahl's ERP system (the "ERP system").

 

    1. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to the contract for the processing via the ERP system and to all orders placed by the Customer within the framework of the ERP system.

 

    1. CONCLUSION OF A CONTRACT AND VALIDITY OF THESE GENERAL TERMS AND CONDITIONS
      1. By placing an order via the ERP system, the Customer submits a binding offer to conclude a contract with Frankstahl. The acceptance of this offer and thus the conclusion of the contract shall be effected by sending an order confirmation to the Customer by ERP system or by e-mail to the e-mail address provided by the Customer.

 

      1. In all other respects part A section 3 of these General Terms and Conditions shall apply.

 

 

Conditions of Sale and Delivery of FRANKSTAHL Rohr- und Stahlhandelsg.m.b.H A-1030 Vienna, Esteplatz 6 – Version of December 2017


 

General Conditions of Purchase

 

1. Conclusion of contract

The following General Conditions of Purchase shall apply exclusively to our purchase orders. Upon acceptance of the purchase order, our General Conditions of Purchase are regarded as accepted and replace any general conditions of sale and delivery that may be contained in the seller’s quotation or order confirmation regarding the execution of the relevant purchase order, including if we have not objected to them. Accordingly, the seller’s conditions of sale and delivery are only binding on us if and to the extent that we have accepted them in writing and apply only to the relevant individual transaction.

2. Order confirmation:

If an order confirmation is not given within a reasonable period, we are no longer bound to the purchase order. If the recipient of the purchase order commences with the execution of the purchase order within 14 days, calculated from the date of the purchase order, the purchase order is regarded as accepted without reservations also without an order confirmation.

3. Prices:

The prices indicated in our purchase orders are binding. Any price changes - irrespective of the reason - and prices which are not contained in the purchase order or which can only be notified after the purchase order must be acknowledged by us in writing. Unless agreed otherwise in the purchase order in writing, the agreed prices are free place of delivery, including packaging.

4. Delivery period:

The agreed delivery dates are binding, except in cases of force majeure.
The delivery period specified by us is calculated from the date of the purchase order. If no delivery or incomplete delivery is effected within this period, we have the right to cancel the contract without granting a grace period, without prejudice to our right to make damage claims. If the seller recognises that punctual delivery is impossible as a whole or in part, it shall notify us immediately in writing by specifying the reasons and the expected additional delivery period.
Our determinations shall be decisive for determining the delivered quantity, unless any determinations by the railway authorities are presented. Premature deliveries shall not affect our term of payment.

5. Shipment:

Our previous written consent is necessary for shipments carried out by forwarders. We must be notified immediately of the dispatch of each shipment. A packing slip or delivery note, showing our purchase order number, is to be attached to the shipment. We only bear the costs of transportation insurance if this has been agreed upon explicitly in writing. In the event of border-crossing shipments, at least two invoices as customs documents and certificates of origin are to be included in the freight documents. All shipments that cannot be accepted due to non-compliance with the aforementioned shipment, customs or documentation provisions, are stored at the seller's cost and risk until smooth handling of the transaction has become possible through the submission of proper documents. All risks, losses and costs resulting from a non-compliance with the aforementioned shipment, customs and documentation provisions shall be borne by the seller and the due date of invoice payment shall be extended accordingly based on the date of performance or submission of missing papers or documents.

6. Packaging:

The seller is obliged to provide appropriate packaging based on the specific requirements of the goods and/or the type of shipment so that the proper arrival of goods at the place of delivery is ensured. The packaging costs are included in the prices of the purchase order. Costs resulting from damage to the goods due to insufficient packaging shall be borne by the seller in any case.

7. Passing of risk:

The risk shall not pass to us before proper acceptance of the goods at the place of delivery.

8. Warranty:

With respect to defects in the delivery, which also include the lack of warranted properties, the seller’s warranty period shall be two years from the successful acceptance, unless agreed otherwise in writing in the individual case. Without prejudice to our other rights under the seller’s warranty liability, we are entitled to rectify any defects and damage at the seller’s cost in urgent cases or if the seller fails to fulfil its obligations in due time.

The seller shall assume an identical warranty obligation for any goods and components not produced, but delivered by the seller. If it becomes intolerable for us, due to important reasons in the person of the seller, to request the rectification or exchange of the defective delivery or if these remedies are connected with considerable difficulties on our part, we will be entitled to cancel our purchase order immediately. Hidden defects can be asserted for a period of three years from the successful acceptance. With respect to goods that are usually left in the packaging until use, defects that become visible upon unpacking are regarded as hidden defects. The seller waives the objection of a delayed notice of defects. In the event of substitute delivery and repair, the warranty period commences anew. Any additional costs incurred due to a covering purchase shall be borne by the seller. If we resell the seller’s goods, the seller undertakes to indemnify us from and against all warranty claims made by our purchasers insofar as these do not exceed the extent of our statutory warranty vis-à-vis our customers. This also applies if the periods for making our warranty claim against the seller have already expired.

9. Product liability:

The seller is obliged to indemnify us from and against any and all damage claims or product liability claims that may be made against us in connection with the goods.

10. Terms of payment:

We will pay the seller’s invoices only after the delivery of the complete order and at a discount of 3% within 30 days or net within 90 days. If the invoice is received later than the goods, the date of receipt of the invoice shall be decisive for calculating the payment periods pursuant to the paragraph above. In the event of any defects in the delivery, we are entitled to retain due payments. Payments made do not constitute an acknowledgement of the correctness of the delivery nor a waiver of any rights on our part. We are entitled to offsetting if any counter-claims exist.

11. Order documents:

Any drawings, drafts, models, etc. attached to our inquiries or purchase orders remain our property and are to be returned to us together with the quotation or after execution of the purchase order. These documents must not be made available to any third parties.

12. Invalidity of individual provisions:

If individual provisions of the General Conditions of Purchase are invalid, the validity of the remaining provisions of these General Conditions of Purchase and of the conclusion of contract shall not be affected.

13. Applicable law, place of performance, place of jurisdiction:

The laws of the Republic of Austria shall be applicable. The provisions of the UNCITRAL Sales Convention of 1980 are excluded. The place of performance for delivery and payment shall be Vienna. The place of jurisdiction for all disputes under this contractual relationship shall be the competent court in Vienna. 01/2012

 

Conditions of Purchase of FRANKSTAHL Rohr- und Stahlhandelsg.m.b.H A-1030 Vienna, Esteplatz 6 – Version of January 2012

 
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