I. General – AGBs available at www.bio-oil.biz are part of the contract

The following terms and conditions (AGB) apply to all current and future deliveries and services unless otherwise agreed in writing. Amendments to the AGBs are valid from the date of their introduction. Deviating, conflicting, or supplementary AGBs from the contracting party are not part of the contract, unless explicitly agreed to in writing. By placing an order, or at the latest by accepting the goods, the contracting party acknowledges these conditions.

II. Samples
Samples and specimens provided before the conclusion of the contract are non-binding viewing samples. Any analysis data regarding maximum and minimum values are approximate unless specific properties are explicitly guaranteed..

III. Price – Delivery conditions are net prices (excluding statutory VAT)

1. Prices are net prices (excluding statutory VAT) for the specified quantity (liters or tons) and delivery condition unless otherwise agreed.

2. Special requests from the buyer are not included in the quoted prices unless explicitly agreed upon and must be paid separately. For the interpretation of trade clauses such as FOB, FCA, DDU, etc., the INCOTERMS in their most current version apply.

IV. Delivery – Goods must be promptly accepted unless otherwise agreed

1. Deliveries are made at the agreed prices and conditions, plus statutory VAT. If fixed delivery deadlines are agreed, the buyer must set a reasonable grace period of 6 weeks in case of delay. After the grace period expires without delivery, the buyer may withdraw from the contract. Further claims are excluded. The seller may deliver in parts, and the buyer may not reject a partial delivery.

2. Quantities: The quantity determined at the delivery site is binding. For deliveries via tank trucks with calibrated measuring devices, the quantities determined by our agent are binding.

3. Transport media (such as STZ/KWG) collected from BIO OIL facilities must be clean (verified by presenting a cleaning certificate—washed and dried—upon collection). If a cleaning certificate is presented, the transport medium will be loaded without further consultation with the buyer. Loading into non-cleaned transport media is the buyer’s responsibility under FCA/EXW contracts. BIO OIL is not liable for quality defects, consequential damages, or loss of profit due to contaminated transport media. When collecting goods, BIO OIL will take two retention samples (or three, at the buyer’s request) in the presence of the driver.

V. Notice of Defects – Within 3 Days, Unmixed Storage, Specified Retention Samples
The buyer must inspect the quality of the delivered goods immediately. Defects must be reported in writing within 3 days and before the goods are used, resold, processed, combined, or mixed. Two retention samples of at least two liters each must be provided to the seller.

VI. Force Majeure
Force majeure (e.g., damage from flooding, fire, storms) and unintentional operational disruptions (e.g., production failure due to strikes or machinery breakdowns) entitle BIO OIL to suspend or delay delivery or acceptance.

VII. Containers
Tank wagons must be emptied within 72 hours of arrival at the destination station and returned freight-free. A demurrage fee will be charged for delays exceeding 72 hours.

VIII. Payment – Immediately upon receipt of invoice or as separately agreed
Unless otherwise agreed, payment is due immediately upon receipt of the invoice without deduction. Bills of exchange and checks are only considered fulfilled once the amount is irrevocably credited.

IX. Retention of Title
The delivered goods remain the property of BIO OIL until full payment of the purchase price and all associated costs and expenses.

X. Information Obligations
The buyer is obligated to inform BIO OIL immediately in writing of any problems or delays in accepting the goods as agreed.

XI. Loyalty Clause
If circumstances arise that significantly affect the economic or legal impact of the deliveries, which are not regulated in these terms and conditions, these circumstances will be adjusted reasonably and fairly.

XII. Jurisdiction
These AGB are governed by Austrian law. In the event of disputes, the competent court in Vienna has exclusive jurisdiction, unless another jurisdiction is agreed in writing. Arbitration: If the contracting party (buyer) is based outside Austria, all disputes will be settled under the arbitration and conciliation rules of the International Arbitration Court of the Austrian Federal Economic Chamber in Vienna.

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