Terms & Conditions

1. CONTRACTUAL AGREEMENT – the contract is based on the products described in the order or order confirmation. KS deliveries will be carried out under terms and conditions laid out below. KS terms and conditions are automatically accepted through order acceptance, offer acceptance, invoices and assignment appointments. Special terms and conditions can only be allowed with the explicit written permission of KS. Order acceptance based on price lists require verification, which can also be given through invoicing or delivery of goods. The client’s terms & conditions will only be accepted in case of written permission through KS. Offers are subject to change and non-binding. A contractual agreement is only binding upon the written order confirmation.

2. PRICING – All prices are calculated according to cost price valid with order date, all prices are exclusive of VAT and ex works. Shipping and handling charges, especially packaging, freight, environmental charges as well as value added tax, are to be covered by the client. Errors and omissions in the price lists are possible and subject to change. Orders based on price lists require a written confirmation whereby invoicing and delivery are understood as order acceptance. The prices in our offers can only be adhered to if the mentioned quantities and qualities remain unchanged. Prices are calculated according to cost price valid with the day of the offer. In case of fundamental changes such as increases or decreases of exchange rates, force majeure, third party price increases, acts of god, changes of delivery prices etc. we can not be held liable and we reserve the right to increase/decrease our prices accordingly.

3. DISPATCH, PACKAGING, TRANSFER OF PERILS: Unless the client advises us of any special requirements (the extra cost of which will be covered by the client), standard uninsured transport and packaging will be arranged at the discretion of KS (including prepaid carriage) and is carried out at the client’s risk and cost. Risk transfer takes place immediately at the allocation of the goods. Risk of transport is carried solely by the client. Warehousing or contractual storage of goods are covered at the client’s expense. Delivery dates and deadlines are to be adhered to from the date of our order confirmation, as long as they are not dependent on the client’s input. In case of late deliveries due to force majeure or other unforseen circumstances outside of our control, not down to negligence through KS, there is no possibility for claims or compensation. Information regarding expected delivery dates are non-binding. Release orders have to be collected within 12 months from order date. We reserve the right to dispatch the goods at our discretion or to cancel the contract after expiration of the agreed term and to claim a cancellation fee of 15% of the gross order amount not subject to the judicial right of moderation. We also reserve the right to assert a larger claim.

4. WITHDRAWAL, CANCELLATION - If the client cancels the order or withdraws from the contract unauthorized it is up to KS to either demand contract fulfillment or to accept the cancellation or withdrawal. If KS decides to accept withdrawal, KS reserves the right to claim a cancellation fee of 15% of the gross order amount not subject to the judicial right of moderation. We also reserve the right to assert a larger claim.

5. DELIVERY OF CUSTOM MADE PRODUCTS – because of the nature of custom made manufacturing we reserve the right to allow for 10% of variation in quantity (10% plus or minus) when delivering custom made products. For custom made products we will only adhere to the price agreed in the current offer.

6. RESERVATION OF PROPRIETARY RIGHTS – all goods remain the property of KS until paid in full, including interest fees and debt collection. We reserve the right to title retention on all items we deliver until all of our claims against you or the person accepting the goods have been fulfilled. This also applies to any claims incurring in the future. In order to assert our reservation of proprietary rights we are entitled to demand the immediate handing over of goods under exclusion of all rights of retention, unless there are legally ascertained or undisputed counterclaims. The client is not permitted to resell, pawn or give away the goods or to use them as financial security until paid in full. We are to be notified immediately of distraint action. Appropriate owner signage is not to be removed until the goods are paid in full. In case of third party involvement it’s the buyers obligation to disclose client information to KS upon request in case of prolonged title retention.

7. PAYMENT – our terms of payment are 10 days, 2% discount or 30 days net, starting with invoice date. After expiration of the 30 day term we reserve the right to ad a 12% interest fee. We only deal in Euros €. The acceptance of cheques is up to our discretion and only happens for payment’s sake. Any additional banking costs or fees are to be covered by the customer. The client is obliged to cover late payment charges in conformity with EC directives and/or to cover the costs of lawyer charges.

8. WARRANTY, COMPENSATION CLAIMS – We provide a 6 month warranty (from goods transfer) and guarantee that our delivered goods will be free of production or material faults. As an accepted agreement, goods are taken on with the assumption that they are free of faults at delivery. Should a warranty question arise it is imperative to get a court order to assert the claim. The recipient is required to check the goods immediately after receiving the goods. We will not accept any warranty or compensation claims if we aren’t informed of possible faults immediately after noticing them and in writing. If KS was informed wrongly about the application of goods and their environment or if these were changed after the initial agreement, or if the recipient carried out changes or repairs to the delivered goods without our prior written permission we decline any warranty claims. With valid warranty claims it’s up to our discretion to correct the faults or to arrange delivery of replacement faultless goods. There are no further commitments regarding warranty titles as long as they don’t fall under the product liability act. The same applies for any further compensation claims, especially subsequent damage, loss of profits as well as personal injury, property damage or damage which has arisen through 3rd party involvement. The client is not entitled to sales conversion or price reduction. A counterclaim against claims through KS is absolutely precluded.

9. COPYRIGHT; PATENT, MODEL AND TRADEMARK LAWS – plans, drawings, sketches and other technical documents remain our intellectual property as well as samples, catalogues, brochures etc and are protected by copyright law regarding duplication, competition and so on. You are not permitted to use, duplicate or make these available to third parties without our prior written permission.

10. JURISDICTION, PLACE OF EXECUTION – the agreed place of factual or regional jurisdiction and execution for disputes regarding all of our services and contract or planned agreements will solely take place in the county court in Kufstein, Austria. Solely the Austrian legal system is agreed on for privities of contract.