Terms of Service

Contract Formation & Acceptance

By placing an order, but at the latest by accepting the goods following a valid contract, the contractual partner acknowledges these conditions. Customers cannot impose conflicting terms unless expressly agreed in writing by Bio Oil GmbH.

Samples & Specifications

Reference samples provided before purchase are non-binding. Analysis data regarding quality parameters are considered approximate unless specifically guaranteed in the contract.

Pricing & Delivery

Prices are net amounts excluding VAT, based on specified units and delivery conditions. Trade terms follow current INCOTERMS standards.

  • Partial deliveries are permitted and cannot be rejected
  • Delivery dates are approximate unless explicitly confirmed as binding
  • Risk transfers to the buyer upon handover to the carrier or upon leaving the warehouse

Defect Claims

Buyers must inspect goods immediately upon receipt and report any defects in writing within three days, accompanied by retention samples. Key provisions include:

  • Claims must be submitted in writing with detailed description of the defect
  • Retention samples must be preserved for verification
  • Bio Oil GmbH's liability excludes indirect damages except in cases of gross negligence
  • Warranty claims do not entitle the buyer to withhold payment

Container Management

Specific requirements apply to the handling and return of containers:

  • Rail tank cars must be unloaded within 72 hours
  • Road tankers must be unloaded immediately upon arrival
  • Demurrage charges apply for delays beyond the specified timeframes
  • Loaned containers must be returned in good condition at the buyer's expense

Payment Terms

Payments are due immediately upon invoice receipt unless otherwise agreed in writing.

  • Late payments incur interest at 8% above Austria's base rate
  • Bio Oil GmbH retains ownership of goods until full payment is received
  • Offsetting claims against Bio Oil GmbH is not permitted without written consent

Jurisdiction & Governing Law

Austrian law governs these terms and conditions.

  • Vienna courts have exclusive jurisdiction for domestic disputes
  • International disputes are resolved through arbitration under the Vienna Rules of the Vienna International Arbitral Centre
  • The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded