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General Terms and Conditions
General
These general terms and conditions (GTC) are integral part of every product and service including consulting we offer and every legal transaction with us. Other agreements, in particular contradictory oral arrangements, are only legally binding if confirmed in writing. If individual clauses in these GTC prove to be legally invalid, the remaining clauses are not affected. Any entirely or partially invalid clause shall be replaced with a clause as close as possible in its economic consequences to the invalid clauses.
Quotations
Quotations are not binding until written order confirmation has been issued. Any documents associated with the quotation such as pictures, drawings, and dimension indications are valid as approximate values only, unless they have been expressly indicated to be binding values. Orders shall become valid only upon written order confirmation through us.
Prices
Prices shall be net prices in EUROs ex works or ex stocks excluding packing material, freight, freight fees, tolls, additional taxes and insurance.
Delivery
Delivery will be made to the address of the contract partner unless agreed otherwise. Partial deliveries are permissible. Although we will undertake appropriate efforts to meet delivery periods and deadlines, they are never binding. Delivery is made at the contract partner's cost and risk. The risk and price hazard shall be passed on to the purchaser with the transfer of the products to the freight carrier or forwarding agent. The contract partner or recipient is obliged to check the condition of the products together with the delivery company on receipt. Not immediately recognisable short deliveries or damages have to be reported in writing to the delivery company as well as to Green River Polymers GmbH not later than within three days after acceptance of the delivered products, otherwise all claims for compensation are void. All delivered products shall remain property of Green River Polymers GmbH until full payment of all demands. If products subject to retention of title are processed with products belonging to others, title is not lost. Instead, the new item becomes joint property, to a value in proportion to the value relationship of the processed product at the time of processing. Sales of the delivered products aboard are not permitted.
Payment
Payment is due with 30 days from the date of the invoice without deduction. Discounts are only granted when having been agreed by both contract partners in writing. Payments must be made relieving debt only to the account specified in the order confirmation or invoice. Each contract partner bears its own bank charges. If the payment target is exceeded, if payment is received late or if deadlines are not met - even due to no fault of the contract partner, late charges of 10% will be levied. All dunning and collecting charges incurred, as well as legal costs, have to be paid by the contract partner. In addition, we reserve the right to claim for damages beyond that.
Warranty
The contract partner or recipient of the products is obliged to inspect all of the products for any deficiency after delivery of the products and to report these in writing to Green River Polymers GmbH not later than within seven working days after delivery. The warranty to the contract partner shall become void if this stipulation is not fulfilled. If a deficiency is recognised at a later stage, but before expiry of the warranty period, the contract partner is required to report this in writing to Green River Polymers GmbH within one month after discovery and to refrain from any further processing. If no report is sent within the period set, the products shall be considered approved. Generally, the warranty period expires 24 months after having received the products.
Liability
Green River Polymers GmbH's liability shall be limited to the average damage which was foreseeable, contractually typical and immediate under the agreement in case of slightly negligent breaches of duty. This shall also apply in case of slightly negligent breaches of duty of our representatives. Green River Polymers GmbH shall not be liable to contract partners in case of slightly negligent breaches of duty with regard to immaterial contractual obligations. The afore-mentioned limitations to liability shall not apply to contract partner claims resulting from product liability.
Place of Jurisdiction
Place of performance for both contract partners is the headquarters of Green River Polymers GmbH. For all legal disputes, regardless of the amount of dispute, the sole competent court shall be the court of Innsbruck.
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